_ __ _____ __ _ __ ___ ____ _ __ ___ ' ) / / ') / / ) ' ) ) / ) / ' ) ) / ) / / / / / / /--/ / / / ___ / / / / ___ (_(_/ (__/ ( / (_ / (_ (___/ '__/_ / (_ (___/ ' ____ _ , ___ _ , ___ / ' ) / / ) ' ) / / ' VOLUME 13, ISSUE 029 / /-< / /--/ /-- __/_ / ) (___/ / ( (___, WOTANGING IKCHE - Lakota - Common News Wotanging Ikche and Native American News Copyright c. 1996-2005 nanews.org Aboriginal/AmerIndian Perspective about the First Nations of Turtle Island July 16, 2005 Yuchi Wagakya/middle of summer moon Mvskogee Hiyucee/little harvest moon Eastern Cherokee nvda utsi'dsata'/corn in tassel moon +-------------------------------------------------------+ | Much more happens in Indian Country than is reported | | in this weekly newsletter. For daily updates & events | | go to http://www.owlstar.com/dailyheadlines.htm | +-------------------------------------------------------+ Otapi'sin Atsinikiisinaakssin -- Blackfeet -- News for All the People Ni-mah-mi-kwa-zoo-min -- Ojibwe -- We Are Talking About Ourselves Aunchemokauhettittea -- Naragansett -- Let Us Share News Kanoheda Aniyvwiya -- Cherokee -- Journal of the People O Es'te Opunvk'vmucvse -- Creek -- People's New News O o O Acimowin -- Plains Cree -- Story or Account O o O Tlaixmatiliztli -- Nahuatl -- News O o o o o O Agnutmaqan -- Listuguj Mi'kmaq -- News O o O Sho-da-ku-ye -- Teehahnahmah -- Talking Birchbark O o O Un Chota -- Susquehannic Seneca -- The People Speak O Ha-Sah-Sliltha -- Ditidaht Nation -- News of the People Ximopanolti tehuatzin, inin Mexika tlahtolli -- Nahuatl -- For you we offer these words It-hah-pe-hah Ah-num pah-le -- Chickasaw -- Together We Are Talking Dineh jii' adah' ho'nil'e'gii ba' ha' neh -- Navajo Nation -- What's Happening among The People News Okla Humma Holisso Nowat Anya -- Choctaw -- People(s) Red Newspaper Hi'a chu ah gaa -- Pima -- The stories or the talk of the People s ch mA mL tL squee Lux -- Okanogan -- News from the People Native American News -- Language of the Occupation Forces ++>If you speak a Native American language not listed above, please send us your words for "News of the People." We'd rather take up this whole page saving these few words of our hundreds of nations than present a nice clean banner in the language of the occupation forces who came here determined to replace our words with their own. email gars@nanews.org with the equivalent of "News of the People" in your tribal language along with the english translation <================<<<< >>>>================> This newsletter is produced in straight ASCII text for greatest portability across platforms. Read it with a fixed-pitch font, such as Courier, Monaco, FixedSys or CG Times. Proportional fonts will be difficult to read. <================<<<< >>>>================> This issue contains articles from www.owlstar.com; www.indianz.com; www.pechanga.net; Frostys AmerIndian and Native American Poetry Lists; UUCP email IMPORTANT!! ----------- In accordance with Title 17 U.S.C. section 107, all material appearing in this newsletter is distributed without profit to those who have expressed a prior interest in receiving this information for educational purposes. <================<<<< >>>>================> This newsletter is a way of keeping the brothers and sisters who share our Spirit informed about current events within the lives of those who walk the Red Road. ++ It may be subscribed to via email by sending a request from your own internet addressable account to gars@speakeasy.org ++ It is archived at http://www.nanews.org <================<<<< >>>>================> +-- -- -- -- -- -- -- -- -- -- -- --+ + -- -- -- -- -- -- -- -- -- -- -- + | As historian Patricia Nelson | | Once a language is lost, it is | | Limerick summarized in "The | | gone forever | | Legacy of Conquest: The Unbroken | | * Of the 300 original Native | | Past of the American West... | | languages in North America, | | "Set the blood quantum at | | only 175 exist today. | | one-quarter, hold to it as a | | * 125 of these are no longer | | rigid definition of Indians, | | learned by children. | | let intermarriage proceed as | | * 55 are spoken by 1 to 6 elders;| | it had for centuries, and | | when they die, their language | | eventually Indians will be | | will disappear. | | defined out of existence." | | * Without action, only 20 | | "When that happens, the federal | | languages will survive the next| | government will be freed of | | 50 years. | | its persistent 'Indian problem.'"| | Source: Indigenous Language | +-- -- -- -- -- -- -- -- -- -- -- --+ | Institute | |http://www.indigenous-language.org| This issue's Elder Quote: + -- -- -- -- -- -- -- -- -- -- -- + ======================== "We are, in many ways, a developing tribal nation." "It is crucial to our ability to generate economic development that Hopi maintain an educated, skilled and healthy workforce. The young people today will be the tribal leaders of the future. They must be prepared to assume the mantle of responsibility. They must be able to run tribal enterprises. They must be able to run tribal governments." __ Wayne Taylor, Chairman Hopi Nation +- -- -- -- -- -- -- -- -- -- -- -+ | Indian Pledge of Allegiance | The Indian Pledge of Alleg- | | iance was first presented | I pledge allegiance to my Tribe,| on 2 December '93 during the | to the democratic principles | opening address of the Nat- | of the Republic | ional Congress of American | and to the individual freedoms | Indian Tribal-States Relat- | borrowed from the Iroquois and | ions Panel in Reno, NV. NCAI | Choctaw Confederacies, | plans distribution of the | as incorporated in the United | Indian Pledge to all Indian | States Constitution, | Nations. | so that my forefathers | | shall not have died in vain | Walk in Beauty! Night Owl +- -- -- -- -- -- -- -- -- -- -- -+ +- -- -- -- -- -- -- -- -- -- -- -- -- -+ | Journey | In the summer and early fall | The Bloodline | of 1998 the Treaty Unity Riders | | rode a thousand miles on horse- | For all that live and live by law | back, carrying a staff and | We Stand, we Call, We Ride | praying each step of the way. | For All that fear and fear by sight | | We Hear, we Listen, we Ride | These prayers were offered for | For all that pray and pray by strength| each of us, and that the Unity | We Feel, we Move, we Ride | of all Peoples might happen. | For all that die and die by greed | | We Hurt, we Cry, we Ride | Tatanka Cante forwarded this | For all that birth and birth by right | poem on behalf of all the Unity | We Smile, we Hold, we Ride | Riders that we might stop and | For all that need and need by heart | ask if the next words we say, the | We Came, we Went, we Rode. | next act we make is for the good | | of the People or is it from ego | Treaty Unity Riders | for self. +- -- -- -- -- -- -- -- -- -- -- -- -- -+ O'siyo Brothers and Sisters! A probe is currently underway supposedly to determine if RCMP actually systematically slaughtered Inuit sled dogs in order to force the Inuit out of their traditional lifestyle. It is doubtful the real truth will surface given the structure of the committee spearheading the investigation. The Inuit say it happened and I believe them. The Euro-based society has a history throughout Turtle Island of stooping to whatever scum laden level necessary to mold the First Peoples into copper skin versions of themselves. It is ironic that the same ancestors left their European nations and families in search of freedom. When they found it, they immediately set about building walls to keep real freedom out and making war on the very people who lived the life they coveted. If you think it stopped with the Buffalo Soldiers and the above noted sled dog slaughters, think again. Throughout the Amazon similar atrocities are taking place on a daily basis as the indigenous people of the great river's basin and rain forest are forced off their traditional lands - making it possible for the settlers and miners to strip the earth and forest of their wealth. No regard is given to the rare plants and animals made extinct, many of which hold keys to healing human diseases. Neither is their concern for the dwindling oxygen and ever expanding ozone hole over Antarctica. We are reminded there is no hard evidence the effect and cause are linked. Way up north, First Nations in Canada are being told they must accept cookie cutter contracts and treaty agreements reducing their traditional lands and giving up mineral and forestry rights. The legacy of Columbus lives on. Dohiyi Ani Oginalii , , Gary Smith (*,*) wotanging@bellsouth.net P. O. Box 672168 (`-') gars@nanews.org Marietta, GA 30006, U.S.A. ===w=w=== http://www.nanews.org ----------- News of the people featured in this issue ----------- - COBELL: - Future of Hopi is in Education Ending a National Disgrace - Professor writes - NATIVE TIMES: Tribal Government Handbook Part II - Trust reform principles - Opinion: Address Tribe's concerns - ANWR Oil drilling not a done deal about Drilling - Bush's Judges leave their mark - HARJO: O'Connor's footprints - One Nation Leader on Sacred Lands may be kicked out of Tribe - YELLOW BIRD: - Culture's value in Health Care Tribal Leaders earn decent Grades - Reservations working to - Bringing Native Stories to Life prevent Teen Suicides - Footprints of 'first Americans' - American Indians still - Sonoran Indians fear new Highway working to end Stereotypes - Assembly of First Nations to - Water talks go on open up old wounds - O'odham encouraged to - Chiefs looking for grow Traditional Crops way to revamp AFN - Hopi to sue Forest Service - Feds agree to talks with Cree - Judge who voided Cayuga Claim - Indian Bands - Navajo Mtn/Pinedale abandon Forestry Talks Land use Plan Certification - RCMP await probe into - 4 So. Carolina Groups slaughter of Sled Dogs seek recognition as Tribes - Fired Cops can't remember - HARROP: looking for Native Teen Fixing the Problem in Whiteclay - Theda New Breast on - LaDonna Harris, Public Defender Commission Advocate for American Indians - Rare Reservation - Fort Mojave Tribe observes extradition request National Day of Prayer - Native Prisoner - Options' Project -- Letter: If we must die, aims to bridge Tribal Gap we die defending our rights - American Indian Students - Verse: Hawaiian Book of Days head to Harvard - Rustywire: Bitter Winds - Group seeks to preserve - Lee Goins Poem: The Eagle Indian Boarding School - Upcoming Events --------- "RE: COBELL: Ending a National Disgrace" --------- Date: Thu, 7 Jul 2005 08:31:08 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="COBELL: TRUST DISGRACE" http://www.indianz.com/News/ http://www.thehill.com/thehill/export/TheHill/Comment/OpEd/070605.html Op Ed: Ending a national disgrace By Elouise Cobell July 6, 2005 When the federal government faces a problem in Indian country, its usual tactic is to try to divide and conquer the Indians. That does not seem to be working these days. On June 20, I went to Washington to announce a set of principles that could settle the class-action lawsuit I filed nine years ago over the government's well-documented mishandling of thousands of individual Indian Trust accounts. As our news conference dramatically illustrated, the leaders of the nation's largest Indian organizations were united. All joined me in supporting congressional action that could resolve our lawsuit. Too many Indians have died since the lawsuit was filed in 1996, and too many will die before the courts can resolve all the issues in the case. These are among the poorest people in America, and they need help now. That's why I agreed to this proposal. It is a good, common-sense bargain for the government and Indian people. It responds to repeated calls by Congress to settle this case promptly. It gives Congress a bold opportunity to reach out to the nation's first citizens and end a national disgrace that dates to 1887. That's when Congress decided that Indians were not smart enough to handle their own money and directed that the federal government manage all their lands. We know now all too well that the federal government, which had total control of our lands and money, was not a good manager either. Billions of dollars that were supposed to have been placed in the trust accounts of individual Indians never got there. They were stolen, embezzled, misappropriated and diverted from helping the very people whose lands the government was leasing to oil, gas, timber and agricultural interests. Our nine-year court fight has documented those wrongs. But the great tragedy of this issue has been that the government has known for decades that the accounts were not being handled properly. Study after study has confirmed that the Indians were short-changed and that the government simply kept the excess in Washington. Now, 118 years later, we finally have a practical way to put back the word "trust" in the Indian Trust account system. Equally important, we have an honorable way to remove the stain from the government's dealings with thousands of Indians who were denied access to the money that they should have had decades ago. As the plaintiffs in this lawsuit, we have won a series of wonderful victories. The federal courts have confirmed our worst fears: that the government did indeed take advantage of some of the nation's first citizens. Congress showed leadership and asked Indian leaders for a blueprint to resolve this question. We have given it 50 principles that could guide the writing of a lasting trust-reform program. I hope that our lawmakers realize that Indian country, with more than 500 federally recognized tribes, has never been more united on an issue. We now call on Congress to listen to the united voice of Indians across the nation and give them justice. We are not seeking a handout, welfare or reparations. The Indian Trust and this case are about land, resources and money stolen from the forefathers of more than 500,000 Indian beneficiaries. As the courts have said repeatedly, this is our money. Cobell, a banker and a member of Montana's Blackfeet Nation, is the lead plaintiff in a class-action lawsuit individual Indian money accounts held in trust for the nation's Indians by the Interior Department. Copyright c. 2005 2005 The Hill. --------- "RE: NATIVE TIMES: Part II - Trust reform principles" --------- Date: Mon, 11 Jul 2005 08:56:09 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NATIVE TIMES: TRUST REFORM" http://nativetimes.com/index.asp?action=displayarticle&article_id=6687 Trust reform principles: The rest of the list Guidelines to remedy long standing controversy July 8, 2005 Editors Note: In our July I edition, the Native American Times ran a story detailing the guiding principals in creating legislation to reform the management of Indian trust funds accounts. We published in that piece the first 30 principles. Here are the remaining 20: 31. With respect to federal laws relating to use or management of tribal trust assets, legislation should permit and support the development of tribal, reservation-specific plans that provide specific standards for management of tribal trust resources. Rationale As mentioned above, the National Indian Forest Resources Management Act and the American Indian Agricultural Resources Management Act address tribal management of these resources. The modern federal policy of tribal self-determination supports tribes having greater authority to manage their tribal trust assets. 32. Legislation should protect the sovereign authorities and reserved rights of tribes to regulate the lands within their jurisdictions. Rationale In addition to federal laws that specifically provide for tribal management of trust assets, Congress should respect the sovereignty and reserved rights when considering the scope of legislation. 33. Legislation should support government-to-government agreements between a tribe and the United States for management of all trust resources within the tribe's jurisdiction, provided that the agreements ensure processes and remedies to protect the interests of allottees, including allottees of other tribes. Rationale Tribes should have expanded opportunities to manage assets in Self- Determination contracts and compacts. 34. Irrespective of what entity is administering individual Indian trust assets, the same duties and standards of conduct apply. Notwithstanding, tribes involved in self-determination or self-governance management and administration can utilize alternative means to carry out fiduciary duties so long as they meet the generally applicable standards. Rationale The rights of individual Indians to the highest standards of trust administration should not change, regardless of what entity is administering them. 35. Legislation should ensure that individual allottees can bring claims for failure to discharge fiduciary duties in managing individual trust assets. Rationale The management of individual trust assets must be enforceable in court where mismanagement of those assets occurs. Indian Land Consolidation 36. Congress should enact new laws or amend existing ones that promote consolidation of fractionated interests in land as an element of a Cobell Settlement/Trust Reform legislative package. Rationale Highly fractionated lands are inherently difficult to manage. Thus, it is important for Congress to amend the Indian Land Consolidation Act or enact new legislation encouraging land consolidation. 37. For highly fractionated lands (greater than 50 owners), legislation should focus on expanding the voluntary buy back program and allow the Secretary to take into account other factors in determining land values such as avoided costs. Rationale In many instances, the Department of Interior spends more money administering accounts involving highly fractionated land than the appraised value of the land. Most owners would rather keep their lands rather than sell them for a small appraised value because there is a sentimental value in having ownership in the land. Thus, it would make sense for Congress to give the Secretary the discretion to offer more than fair market value for highly fractionated lands based on avoided costs or other factors as the owner may be more willing to sell these lands for a higher price. Data from the BIA land consolidation Office and from the Trust Asset Account Management System seems to indicate that a majority of ownership interests are concentrated in a relatively small portion of the allotments, particularly in the Great Plains, Rocky Mountain, and Northwest BIA Regions. 38. For less fractionated land, legislation should focus on providing mechanisms that encourage land consolidation, such as low interest loans for individuals to purchase fractionated land, and good ownership practices (i.e. family trusts). Rationale In order to discourage further fractionation of Indian trust lands, legislation should provide for incentives that allow individuals to purchase land from those individuals that have ownership interest in the same tracts of land. 39. Legislation should set forth enforceable rights and clear standards as to what constitutes adequate information so that landowners can give knowing and informed consent when making decisions whether to sell their lands. Rationale Informed consent is a key element to any voluntary program. 40. Legislation should have a process for repurchasing undivided fee interests to consolidate ownership of allotments into trust or restricted status. Rationale Undivided fee interests are currently excluded from being repurchased in the current land consolidation process. If a process and authority to repurchase is not established, the tribes may not own a 100% of a tract of land. Tribes and the federal, state and local governments will continue to have jurisdictional problems with the land if fee interests are not consolidated when undivided trust interests are consolidated. 41. The legislation should state that land consolidation payments will not diminish eligibility for federal benefits such as TANF, Social Security, Medicare/Medicaid and VA Benefits, and such payment should not be taxable. Rationale Native Americans are America's poorest people. This is especially true where the majority of highly fractionated lands are situated. Congress should not give money to these people with one hand and take it away with the other. A potential reduction in federal benefits will obviously be a disincentive for owners to sell their highly fractionated land. It would be in the federal government's best interest to exclude payments made to individuals in purchasing highly fractionated land from "eligibility formulas" used for federal benefits. 42. Legislation should provide a fair process for notifying persons whose whereabouts are unknown and protection of their interests including in the consolidation of lands. Rationale Congress should enact legislation that ensures that people that have IIM accounts or land are given adequate notice, consistent with due process, with regard to any action taken with respect to their account or land. 43. Congress should reconsider the use of liens on lands repurchased under ILCA programs in light of its administrative costs. Liens should be waived when the income from the land will not cover the purchase price. Rationale Liens on lands purchased under the "lien program" unduly cloud title to land that cannot produce enough revenue to service the underlying debt. In these instances, the federal government should forgive these debts and remove any liens on the land. 44. Legislation should promote tribal government efforts to repurchase fractionated lands that allow flexibility for cultural needs and priorities. Rationale Where some tribes seek to buy restricted fee allotments from individuals, the Department of Interior is requiring the tribes to allow the lands to go out of restriction then reapply to put them into trust for the tribe. This is nonsensical and discourages tribal purchases of allotted land which alleviates fractionation. Thus, purchases of trust or restricted status land should not change the status of the land and Congress should enact legislation to clarify this principle. 45. Legislation should promote tribal land ownership systems while preserving the rights of allottees that are willing to trade their land to a tribe or United States for an assignment or some form of an indefinite individual interest. Rationale There are tribal lands systems in place now, like at Eastern Cherokee, where all of the land held in trust by the United States on the reservation is held in trust by the tribe. Individual Indians can possess tribal land through assignments made by the tribe. Any leasehold interest created on these assignments can be mortgaged. These assignments are not subject to term limitations and are alienable to other tribal members. The purpose of keeping the land in trust through the tribe is to retain the benefits associated with trust land. It would be in the federal government' s interest to promote tribal land ownership systems because it would alleviate, if not eradicate, the land fractionation problems facing the federal government today. 46. Congress should ensure adequate funding and staffing for efficient land consolidation. Rationale Legislation authorizing and promoting land consolidation is meaningless without the funding needed to purchase the land or the resources necessary to do the needed appraisals, title and probate work. Furthermore, more resources are needed to ensure enforcement of land use laws and to develop land consolidation plans. 47. The appraisal system should be fixed in any legislation. Problems like the lack of timeliness of appraisals, the significant backlog, the improper valuation, and the overall transfer of fractional interest lands including voluntary buyback should be addressed. The system should also be consolidated under the Bureau of Indian Affairs. Rationale Appraisals are not conducted at the agency level and they take too long to obtain thereby delaying consolidation of fractionated land. Additionally, income based appraisals are consistently inaccurate. Individual Indian Resource Mismanagement Claims 48. Congress should provide a fair offer to individual Indians for decades of federal mismanagement of their trust resources. Rationale Congress has failed to provide adequate oversight of its trustee- delegates and retained only congressional oversight. Congress should provide an avenue for compensation for individuals as it has for tribes. 49. Congress should treat the federal mismanagement of individual Indian resources as a matter of national interest as it has the savings and loan scandal. Congress cannot leave the individual allottee to the mercy of the federal bureaucrats as there is a documented history of widespread, systematic, and continuing mismanagement of Indian resources. Rationale Lands were taken from individual Indians by "Order Transferring Inherited Interest" and other underhanded ways. It has kept the poorest Americans from economic advancement by allowing or causing the loss or theft of individual trust resources and bureaucratic expropriation of individual lands. 50. Congress should not involuntarily terminate the rights of individuals to seek redress for federal mismanagement of individual trust resources. Rationale Individual allottees should not have settlement of their claims imposed upon them. Native American Times. Copyright c. 2005 All Rights Reserved. --------- "RE: ANWR Oil drilling not a done deal" --------- Date: Sat, 9 Jul 2005 21:35:42 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ANWR" http://www.indiancountry.com/content.cfm?feature=yes&id=1096411201 ANWR oil drilling not a done deal by: David Melmer / Indian Country Today July 8, 2005 FORT YUKON, Alaska - The Bush administration's agenda for relieving high oil prices lies beneath the permafrost at the Arctic National Wildlife Reserve; and opposition to the drilling, based on environmental and cultural reasons, are strong. If the Gwich'in have their say, no drilling will take place and the entire region will become a wildlife preserve, forever halting any debate over oil drilling. The search for oil has reached a fever pitch in Congress, the Department of Interior and the Bush administration. Interior Secretary Gale Norton has made numerous trips to ANWR to inspect the area that would be opened. The 1.5 million acres that is not designated wilderness could be opened for drilling. The remainder of the 19-million-acre reserve is untouchable: and that's what the Gwich'in steering committee wants for the entire area. ANWR drilling was not included in the energy bill approved by the Senate, but the House included the opening of ANWR in its version, which includes possible revenue to be gained from the sale of oil. No action is expected before a budget is considered, which would not occur until September. Alaska's junior senator, Lisa Murkowski, expressed optimism that the bill will pass this time around. The drilling, according to Murkowski, will generate revenue for the federal government; and even though there is still a political battle ahead for any budget bill, she is confident ANWR will see drilling rigs soon. The Gwich'in have successfully convinced Congress to not drill in ANWR eight times. The Gwich'in steering committee is confident, albeit guarded, that it can again be successful. "Why bother to go into a place we call 'where life began'?" asked Sarah James, Gwich'in elder. There is support and opposition among Alaska Native communities, but James said more traditionalists are coming over to the side of the Gwich'in. The community most closely aligned with any drilling will be Kaktovic, located in ANWR. The economic impact from oil drilling that now takes place in Prudhoe Bay has helped that and other communities. One concern is the possibility that if ANWR was opened to oil drilling, the next step would be for off-shore drilling. The opposition to off-shore drilling runs at about 100 percent throughout the area, according to many elected officials. The Kaktovic Inupiat Corp. favors the drilling for its potential economic impact; still, offshore drilling is not acceptable to the corporation. What is feared with drilling - offshore or onshore - is the impact it will have on wildlife, a major source of food and revenue for the Alaska Native population. Many people still hunt whale for subsistence, and they fear the animal's migratory habits will be impacted by offshore drilling. Caribou are the main source of food and other goods for the Inupiat and other people. The steering committee, whose members mostly live hundreds of miles away from the proposed drill site, still hunt caribou and expect the birthing regions to be adversely affected by the drilling. Proponents of the drilling - Gov. Frank Murkowski, for one - said that since Prudhoe Bay Field was opened the numbers of caribou have increased - not declined, as environmentalists had predicted. To help convince Congress to vote against funding any drilling, the Gwich'in are planning a march on Washington, D.C. in August, complete with ceremonies, singing, drumming and dancing, James said. "This is a hard battle; we will celebrate human rights," she said. "We are calling on all nations, all Native American people to be united." James reminded all American Indians that proposed provisions in the energy bill threaten tribal sovereignty. Many Inupiat residents who live near the existing oil drilling region claim that air pollution has caused an increase in instances of asthma. Many elders also claim that herds of caribou do not travel through the same areas as before and that many are showing signs of illness. Helicopters and seismic sensors that search for oil reserves are also disruptive to the caribou migration patterns. The Porcupine Caribou in particular do not venture near the existing oil field, but the Gwich'in are concerned that their numbers have been reduced because of an increase in other herds and a reduction in habitat. Proponents of drilling claim that new technologies will solve any pollution problems and that with the new technology, only a small area will be used for equipment and storage. The Gwich'in steering committee recently resurrected an old resolution, one that was used eight times before to oppose any funding measure that would allow for drilling. "That the United States Congress and President recognize the rights of our Gwich'in people to continue to live our way of life by prohibiting development in the calving and post-calving grounds of the Porcupine Caribou herd," the resolution stated. It continued: "That the 1002 area of the Arctic National Wildlife Refuge be made Wilderness to achieve this end." The Gwich'in are caribou people, and the birthplace of the Porcupine River caribou is considered the sacred place where life begins. In order to convince Congress, James said there will be some runs, some sacred fasting and a gathering of as many American Indian religious leaders as possible in the nation's capital. She said the gathering would take place in mid-August. The Gwich'in steering committee works closely with environmental organizations. The Gwich'in cannot lobby, but the environmental organizations can, James said. Copyright c. 1998-2005 Indian Country Today. All Rights Reserved. --------- "RE: Bush's Judges leave their mark" --------- Date: Sun, 10 Jul 2005 20:45:57 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="BUSH JUDGES" http://www.pechanga.net/ http://www.azcentral.com/news/articles/0710bush-judges10.html Bush's judges leave their mark Appeals jobs may affect law more than high court Nancy Benac Associated Press July 10, 2005 WASHINGTON - No need to wait until President Bush appoints a Supreme Court justice to see how he will make his mark on the federal judiciary. One level down, dozens of conservative Appeals Court judges appointed by Bush already are helping to shape the law in ways that ultimately could have as much, and in some ways even more, impact than the nine justices of the nation's highest court. Since Bush's appellate judges have only gradually taken their seats on benches around the country, and the cases that they draw run the gamut, it's still early to chart their impact on specific issues. But already it is clear that these judges make up a solidly conservative crowd that tends to lean Bush's way on the big issues of the day. Ideological patterns So far, Bush's appointees to the Appeals Court are showing patterns very close to judges of his Republican predecessors in ideologically contested cases, according to law Professor Cass Sunstein at the University of Chicago, where the Chicago Judges Project is tracking the federal judiciary. "There's no discernible rightward shift by the Bush appointees compared to the Reagan and Bush I appointees," Sunstein said. Still, he rejected Bush's contention that the president looks solely for judges who will strictly interpret the Constitution rather than parsing their views on hot issues such as abortion. "There may be no litmus test, but the president will appoint someone who is in the conservative mold," Sunstein said. "When the president talks about strict construction, everyone knows what he's talking about." Because Appeals Courts rule on thousands of cases each year, compared with only about 75 a year decided by the Supreme Court, the impact of Bush's appellate judges could be far-reaching. "There's a tremendous amount of space for circuit judges to interpret Supreme Court decisions," said Frank Cross, a law professor at the University of Texas at Austin. For example, he said, they have considerable latitude in interpreting the Roe vs. Wade decision that legalized abortion. And according to NARAL Pro-Choice America, Appeals Court judges appointed by President Reagan and the two Bushes have been four times more likely to issue "anti-choice rulings" than judges appointed by other presidents. Farther right Overall, in his four-plus years in office, Bush has pushed a Republican- leaning federal judiciary farther to the right with more than 200 appointments to appellate and district courts. His district court appointees have been "dramatically conservative but not off the board - not so bizarre that the other judges wouldn't know them or speak to them," said Robert A. Carp, a political scientist at the University of Houston who has studied the federal judiciary extensively. Bush's district appointees stand out as particularly conservative on civil liberties cases such as abortion, freedom of speech and gay rights, Carp found. On these matters, Bush's district judgeships were rated 28 percent liberal in Carp's study. That put them well to the right of jurists appointed by Presidents Nixon, at 38 percent, and Ford, at 40 percent, and slightly to the right of Reagan and the first President Bush, both of whom were rated 32 percent liberal. Bush's impact By the end of his second term, Bush could eclipse Presidents Clinton and Reagan in the number of judges selected - and leave an ideological imprint on the courts for generations to come. Since 1968, when Nixon was elected, Republican presidents have appointed 1,040 judges; Democrats have named 625. While many of the Bush appointees are replacing jurists named by previous Republican presidents, toward the end of his term Bush could have more opportunities to replace some Clinton judges, which would have even greater impact. The cumulative effect, said political scientist Donald Songer of the University of South Carolina, is that "the last three Republican presidents' nominees control virtually the whole judiciary." Interest groups on the left and right, predictably, have alternately cast Bush's judicial appointees as either ideological extremists or principled jurists untainted by politics. People for the American Way, a liberal advocacy group, titled its 2004 study of Bush's judicial appointees "Confirmed Judges, Confirmed Fears." It concluded that Bush appointees already have moved to limit significantly congressional authority and protection of individual rights On the other end of the ideological spectrum, conservative groups have credited Bush for selecting judges who "adhere to an apolitical, non- results-oriented way of reading the law," in the words of Sean Rushton of the conservative Committee for Justice. Judge appointments Judges appointed by Republican and Democratic presidents to the federal Appeals Courts, through June 2004. The Chicago Judges Project at the University of Chicago Law School focused on cases involving ideologically contested issues such as environmental protection, sex and racial discrimination, abortion and campaign finance. For example, President Eisenhower's appointees were seen as voting a liberal position in 31 such cases and a conservative position in 17 others, or 65 percent liberal. President Lib. Cons. % Lib. Eisenhower (R) 31 17 65 Kennedy (D) 40 27 60 Johnson (D) 308 265 54 Nixon (R) 381 435 47 Ford (R) 211 256 45 Carter (D) 1148 956 55 Reagan (R) 1839 2979 38 Bush I (R) 948 1652 36 Clinton (D) 1498 1589 49 Bush II (R) 68 108 39 Total 6472 8284 44 Associated Press Copyright c. 2005 azcentral.com. All rights reserved. --------- "RE: One Nation Leader may be kicked out of Tribe" --------- Date: Thu, 7 Jul 2005 08:31:08 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ANTI-INDIAN MAY BE NON-INDIAN" http://www.nativetimes.com/index.asp?action=displayarticle&article_id=6676 One Nation leader may be kicked out of tribe Others question legitimacy of claim Sam Lewin July 6, 2005 The head of the anti-tribal sovereignty group One Nation may no longer be able to say she is a member of a tribe. And that tribe she claims to be a part is not even legitimate, others say. Barbara Lindsay faxed the Native American Times an enrollment card saying she is a member of the Western Cherokee Nation of Arkansas and Missouri, a non-federally recognized tribe. Lola Smith Scholl, president of the tribe, said Lindsay, 57, has been on the tribe's rolls for "about three years" and that the tribe is now considering removing her. "We probably will disenroll her," Scholl said. "It is ridiculous for her to be doing what she is doing and also claiming she is a member. I don't want anybody enrolled who is like that." What has Scholl and other Natives upset is One Nation's hostile approach to Indian sovereignty. Mike Graham, a member of the Cherokee Nation of Oklahoma, wrote earlier this year that the organization is "just another fear mongering group focused on American Indian sovereignty... What is really the case with One Nation is they want Indian nations out of the way. Companies affiliated with this group would have access to millions of acres of land held in federal trust for Indians, thus they would have a free hand in getting access to more land for their companies to develop for their profit. Eliminating tribal sovereignty competition would bring in hundreds of billions of dollars each year for companies associated with One Nation and their stated goals." Scholl said Lindsay could be kicked out of the tribe on the grounds that she has acted in a "treasonous" manner. "She is not authorized to go around using us and saying what she is saying. I believe in the sovereignty of the Indian," Scholl said. "I didn't know she was doing any of this business." Lindsay's enrollment card states she is one-eighth Western Cherokee Nation of Arkansas and Missouri. Cherokee Nation of Oklahoma spokesman Mike Miller said that the Western Cherokee Nation of Arkansas and Missouri is not a real tribe, and that the Cherokee Nation, United Keetoowah Band of Cherokees and the Eastern Band of Cherokees are the only groups that qualify as legitimate Cherokees. "[The Western Cherokee Nation of Arkansas and Missouri] is one of 200 hundred or so groups around the United States that call themselves some kind of Cherokee band or tribe," he said. "They have no history or treaty recognition. They are not Indian tribes. You have people in different parts of the country that represent themselves as Cherokee historians and they have no connection to us. It's frustrating." As for One Nation, Miller said the group is "obviously trying to abolish sovereignty. We thought we were past fighting that fight." Native American Times. Copyright c. 2005 All Rights Reserved. --------- "RE: Culture's value in Health Care" --------- Date: Tue, 5 Jul 2005 09:01:08 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HEALTH CARE" http://www.owlstar.com/dailyheadlines.htm http://www.aberdeennews.com/mld/aberdeennews/news/12056163.htm Program highlights culture's value in health care Combining modern medicine with traditional practices is a goal THE ASSOCIATED PRESS July 5, 2005 GERING, Neb. - Better health care for American Indians will come if their providers understand their culture more, speakers said at a conference on cultural awareness training. For instance, many American Indians in the Panhandle are not asked questions regarding their heritage, said Marji Dickson, who works for Regional West Medical Center and was formerly a supervisor with Health and Human Services. As an example, she said the culture believes that the first person to hold a newborn may transfer some of his or her personality to the baby. Therefore new mothers may want someone from their family to hold the baby rather than a nurse, Dickson said. Even signing forms may be different for American Indians, she said. "In Native culture, it is an honor to sign a form," Dickson said. "Some Native Americans want an elder to review the document first before signing." Dickson told the 275 people in attendance, among them doctors and social workers, that they must understand that inherent trust and anger issues may arise with American Indian patients. The Native American Cultural Awareness Training was held at the Gering Civic Center over several days last week. Regional West is hoping to serve the American Indian population better by allowing traditional practices to take place alongside modern medicine, if appropriate, Dickson said. Darlene Iron Rope Grass, a registered nurse at Rosebud Indian Health Service Hospital, in South Dakota, said she had been the only American Indian on staff when she worked at Cherry County Hospital in Valentine. Grass said while there she trained many doctors and nurses in the ways of American Indian birthing practices. Now, she said, many women from Rosebud Reservation have their babies at Valentine. Carol Iron Rope Herrera, Grass' sister, is a family educator for Casey Family Programs at Pine Ridge Reservation in South Dakota. The woman said symbols hold importance for American Indians, which is why when they go into a hospital they may want traditional symbols, such as a medicine wheel, with them. This is misunderstood in hospitals not used to caring for American Indians, they said. "By educating professionals, we can dispel the myths, dispel the fear," Herrera said. Copyright c. 2005 Aberdeen American News. --------- "RE: Reservations working to prevent Teen Suicides" --------- Date: Mon, 11 Jul 2005 08:56:09 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="TEEN SUICIDE PREVENTION" http://www.owlstar.com/dailyheadlines.htm http://www.kxma.com/news/local.asp?ID=5555 Reservations working to prevent teen suicides July 11, 2005 American Indian reservations are working on programs to cut the rate of teen suicides. Officials say the Jicarilla Apache tribe in New Mexico has decreased the rate of suicide on its reservation by 60 percent over ten years. It has a program involving tribal leadership, community members, teenagers and Indian Health Service staff. In South Dakota, the Cheyenne River tribe has a nonprofit youth project that provides after-school activities for teens. An Indian Health Service doctor says the reasons behind teen suicides on the reservations are complex. Marlene Echohawk says the suicides cannot be traced just to poverty. She says alcoholism, sexual abuse and a lack of identity among many teenagers also are factors. Copyright c. 2001 KXMA, Reiten Television, Inc. --------- "RE: American Indians still working to end Stereotypes" --------- Date: Tue, 5 Jul 2005 09:01:08 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="MASCOTS" http://www.owlstar.com/dailyheadlines.htm http://www.sun-sentinel.com//sfl-nicknames05jul05,0,3452781.story Name shame? American Indians still working to end stereotypes Cardinal Gibbons will change name By Ted Hutton Staff Writer July 5 2005 The sight of Chief Osceola riding Renegade onto Bobby Bowden Field is guaranteed to get the 80,000 Florida State fans on their feet and ready to do the "tomahawk chop." As exhilarating as this might be to fans of the Seminoles, others view the scene as a demeaning depiction of American Indians. They say it is an insult that should be stopped. "We're arguing against the ridiculous racist symbols and actions. It belittles a culture of a living people," said Vernon Bellecourt, president of the National Coalition on Racism in Sports and the Media and member of the Ojibwa Nation. The NCAA, which encouraged schools to drop American Indian nicknames in a 2002 resolution, waded back into the controversy recently by asking the 30 colleges still using American Indian nicknames and mascots to justify their use through a self-evaluation, a move welcomed by Bellecourt and other activists. The subsequent publicity generated by the NCAA's action also has Fort Lauderdale's Cardinal Gibbons, the only high school in Florida with Redskins as a nickname, preparing to change. "We've already begun preliminary discussions about this," said Gibbons Principal Paul Ott. "In no way do we want to be insensitive to Native Americans or other groups. We will definitely change." Bellecourt said it is incomprehensible how the use of Redskins can be justified. While all colleges that had used Redskins have dropped it, more than 50 high schools around the country still use it, as well as the NFL's Washington Redskins. The controversy is not new, as the National Council of American Indians launched a campaign in 1968 to address stereotypes, and the first name change took place a year later, when Dartmouth dropped Indians and became the Big Green. Since then, teams have been changing nicknames, dropping not just Redskins, but Warriors, Braves, Chiefs, Savages and Redmen, among others. Nearly 90 organizations, from the American Jewish Committee to the U.S. Civil Rights Commission, have endorsed a resolution calling for the retirement of American Indian mascots. Ott said he has not received a complaint, but decided not to wait for one. "We don't want to offend anyone, but we are also concerned about our rich tradition," Ott said. "We are considering alternate names that would not be construed as insensitive." Gibbons was founded in 1961 as the Saints, but the school dropped that a few years later and replaced it with what was thought to be a more formidable-sounding nickname, Ott said. Two other local schools use American Indian nicknames and mascots, but neither is considering a change. Officials at Jupiter, home of the Warriors, and Santaluces, the Chiefs, both said they had never received complaints. Some schools have changed, while others, such as FSU, have vowed to stick with their nicknames and mascots. In its reply to the NCAA's Minority Opportunities and Interests Committee, FSU Vice President for University Relations Lee Hinkle wrote that "there is absolutely no evidence that our use of the Seminole symbol and images is an any way racist or creates a hostile environment for any person." FSU also pointed out it has a close and positive relationship with the Seminole Tribe of Florida, which has not opposed the nickname or Chief Osceola. "We have a good working relationship with Florida State and do not have a problem with their use of Seminole," said Jim Shore, the tribe's general counsel. The tribe passed a resolution June 17 to reiterate its support. Shore went on to say he does not have a problem with any Indian-related mascot, including the Atlanta Braves, Cleveland Indians, Kansas City Chiefs and even Redskins. "We have bigger things on our agenda, like the health, education and housing of our own tribal members," Shore said. But Bellecourt said the Seminole Tribe of Florida does not represent all Seminoles. Copyright c. 2005 South Florida Sun-Sentinel. --------- "RE: Water talks go on" --------- Date: Mon, 11 Jul 2005 08:56:09 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NORTHERN CHEYENNE STANDARDS" http://www.owlstar.com/dailyheadlines.htm http://www.billingsgazette.com//build/state/40-water-talks.inc Water talks go on: Tribe still trying to win EPA approval of quality standards By CLAIR JOHNSON Of The Gazette Staff July 11, 2005 Three years after the Northern Cheyenne Tribe adopted water-quality standards for its reservation, it is still trying to win approval of the standards from the U.S. Environmental Protection Agency. EPA's approval would make the tribal standards federally enforceable under the Clean Water Act. The agency would be responsible for enforcing the tribe's standards and issuing permits for discharges. The procedure is long and complex, and none of those involved knows when approval may come. Joe Walks Along Jr., the water-quality coordinator for the tribe's environmental protection department, said the tribe's application to begin the procedure got bogged down in EPA's administrative process but seems to be moving again. "Maybe this year we'll get approval. But it's in their ball court. We're just waiting," Walks Along said. EPA's Montana director, John Wardell, wouldn't venture a guess but said the process can take several years. "I just don't know," he said. "It's a complicated process. There are a host of folks involved. We have an obligation to consult with headquarters, and that's what we're doing." Standards revised Because it has been so long since the tribe first approved the standards, it recently reviewed them and is making revisions. "We added some sections to our wetlands and updated our numeric criteria for priority and nonpriority pollutants for national standards," Walks Along said. The tribal department held a public hearing on the revisions in the spring and is reviewing the comments submitted. While the tribe has been working with EPA on its water-quality standards, the standards have not yet been formally submitted to the agency for approval. The tribal water-quality standards set goals and levels of protection for a range of uses, including aquatic life, recreation, public water supply, wildlife, agriculture, wetlands and culture. Meanwhile, the tribe and the state of Montana have been trying to find common ground over water-quality standards for the Tongue River, which forms the eastern boundary of the tribe's reservation. So far, talks have stalled. Montana wants EPA to wait on making a decision about tribal standards for the Tongue River until the state and tribe can resolve their differences. The tribe's position, Walks Along said, is to push through its own standards with EPA. "We feel that they're appropriate and they are technically sound according to EPA," he said. The Tongue River is at the center of controversy involving coalbed methane development in southeastern Montana. The tribe, which has water rights to the Tongue, and irrigators, who depend on the river, oppose the dumping of salty groundwater brought to the surface in gas extraction into the river because of the damage it can cause to plants and soils. The Tongue also is important to the tribe's culture. Developers want to discharge into the Tongue as one of several options for managing the large volumes of groundwater produced by drilling for the natural gas. In April 2003, Montana adopted state numeric standards for salinity and sodium indicators to protect the Tongue's water quality from coalbed methane pollution. The tribe's proposed standards also include salinity and sodium limits for the Tongue but differ from the state's. The tribe's standards are a little stricter, Walks Along said. "The tribe is focusing on protecting their water," Walks Along said. "We want to protect it to the best we can." Waiting on EPA Obtaining EPA approval of tribal water-quality standards is a two-step process. The first step is for EPA to approve the tribe's application to be treated as a state. Approval for "treatment as a state" status makes the tribe eligible to administer the water-quality standards program and for EPA to act on any standards submitted by the tribe, Wardell said. The tribe applied for "treatment as a state" status in April 2002. If EPA authorizes the status, the second step is agency approval or disapproval of the tribe's water-quality standards, Wardell said. If approved, the tribal standards become federally enforceable. The "treatment as a state" status does not give the tribe authority over nontribal members nor does it mean EPA is delegating authority for the program to the tribe, Wardell said. Public comment recently closed on a document regarding the tribe's application for treatment as a state. EPA is reviewing the comments. Tom Livers, deputy director for the Montana DEQ, said the state told the EPA that it does not oppose the tribe's application for treatment as a state for waters wholly within the reservation. "We think that's a legitimate interest," Livers said. DEQ, however, asked EPA to consider delaying action on the Tongue while it talks with the tribe over what are the appropriate standards for the river, Livers said. "We hit kind of a rough spot recently," Livers said of state and tribal negotiations. Misinformation from a third party got the state off track with the tribe, but technical representatives from both sides are interested in resuming talks, he said. "We're pretty optimistic we can get those discussions back on track and try to resolve those differences," Livers said. The crux of the disagreement lies in the salinity and sodium standards, Livers said. The numbers are close, with the tribe's numbers more stringent than the state's in some places and less so in other places, he said. If the tribe were to agree to the state's standards, it would avoid confusion and make enforcement easier for everyone, Livers said. The state also has to consider the tribe's concerns, he added. Walks Along said staff from the tribe and DEQ were trying to iron out some small issues. "It just came to an impasse, and we haven't been meeting since," he said. "I don't think we've ever agreed to us adopting the state's standards. We are working with the state to try to resolve the issues." Copyright c. 2005 The Billings Gazette, a division of Lee Enterprises. --------- "RE: O'odham encouraged to grow Traditional Crops" --------- Date: Tue, 5 Jul 2005 09:01:08 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="REVITALIZING O'ODHAM FARMING TRADITIONS" http://www.owlstar.com/dailyheadlines.htm http://www.dailystar.com/dailystar/allheadlines/82682.php O'odham encouraged to grow crops rooted in their traditions By Anne Minard ARIZONA DAILY STAR July 5, 2005 In the Tohono O'odham tradition, the Milky Way, or to:mog (toe'-oe-mawg), is made of tepary beans, scattered across the sky by Coyote. Coyote wasn't a farmer. He stole the beans from the people and spilled them as he ran away. Terrol Johnson, an O'odham tribal member, doesn't mind sharing this taste of his normally secret cultural heritage because it reminds his people of their desert farming roots. It also lends credence to the efforts of his non-tribal organization, Tohono O'odham Community Action, to revitalize that farming tradition by growing tepary beans and other traditional crops. The Tohono O'odham Tribe was one of the few that was not forced off its aboriginal lands when white cultures began settling the United States. Census records show the tribe produced nearly 2 million pounds of tepary beans a year well into the 1930s. That began to change early in the 20th century as children went to boarding schools and men were spirited off to war. The traditional farms were too much work for the women who remained, Johnson says. When the men returned, there were new distractions; instead of returning to their own farms, many opted to work in the new settlers' cotton fields. For the better part of the 20th century, mesquite trees crowded out the traditional rows. The old berms, ditches and well-tended contours, which once guided summer storms to food crops, crumbled. Traditions lost and found By the time Johnson was growing up, the native fare like brown and white tepary beans, O'odham squash and O'odham 60-day corn were special treats prepared by the elders for holiday feasts. But as staples, the foods had all but winked out of existence. Tribal Chairwoman Vivian Juan-Saunders says she realized that when she taught at the Tohono O'odham Community College and couldn't give away a dozen large squash. After a week of seeing few takers, she figured it out. "People didn't know how to cook them. We've relied on fast foods and foods you buy in the store." In response, she introduced a class at the college to teach students how to prepare squash and other traditional foods. That class is no longer offered. But Johnson, his co-director Tristan Reader and his brother Noland - a Tucson surveyor turned farm manager - have their own solution. In 2002, on 4 acres of traditional farmland once owned by the Johnson brothers' grandfather near the remote village of Cowlic, the group began growing traditional low-water-use crops using a historic method called ak- chin, which relies entirely on water from the summer rains. Because their grandfather had died, the brothers took their grandmother to the old farm and she pointed out where the fields used to be. They knew they were on the right track when they started seeing old pieces of farm equipment. Then, when Noland Johnson started digging one of his first irrigation ditches, he found the dirt was soft there - because he was following one of his grandfather's old canals. Noland Johnson says that first year was more trial than error, as he tried to apply his theoretical knowledge to the practical demands of the land. He taught himself how to dam the washes with brush when the rains came, and he learned how to guide the seasonal floods across the subtle contours. Regrowing a market In addition to the Cowlic farm, Community Action leased 18 acres the next year from the tribal Farming Authority at Papago Farms. Last year that tract expanded to 48 acres, which produced 100,000 pounds of native tepary beans, traditional melons, and squash. This year, with 91 acres, they hope to double that yield. At Papago Farms, they augment nature's rains with a decades-old diesel pump. It sends water gushing into a concrete channel as the needle on an output gauge swings wildly between 800 and 950 gallons a minute. The water spills into the farm's furrows, mimicking the monsoonal downpours that would saturate the land and then vanish. Three, four times a year is all this agriculture needs. "It can survive in the desert," Terrol Johnson says, "because it was meant to." For him, the farming efforts are about much more than making things grow. The native foods are touted as healthful alternatives to the fatty, starchy staples that have earned the Tohono O'odham the distinction of being the most diabetes-afflicted culture in the world, according to statistics frequently cited by Johnson's group. The foods are packaged and met with healthy demand in the local grocery store, where Community Action offers them at low prices to tribal members. The group is also working to make them available through the Nation's WIC and Food Stamp programs. Meanwhile, they're marketing the foods at higher prices through Heritage Foods, a brand name with a presence in the country's trendiest health-food stores. Johnson hopes the tribe will continue to embrace the native foods for their health values as well as their long-standing roles in Tohono O'odham culture. "With all the foods we're growing," he says, "there's a connection with the language, and the stories, and the songs." Contact reporter Anne Minard at 434-4086 or at aminard@azstarnet.com. Copyright c. 1999-2005 AzStarNet, Arizona Daily Star and its wire services. --------- "RE: Hopi to sue Forest Service" --------- Date: Fri, 8 Jul 2005 09:08:04 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HOPI SNOWBOWL SUIT" http://www.owlstar.com/dailyheadlines.htm http://www.gallupindependent.com/2005/july/070705hsue.html Hopi to sue Forest Service By Kathy Helms Dine' Bureau July 7, 2005 WINDOW ROCK - Late Tuesday evening, the Hopi Tribal Council authorized the tribe to pursue legal action against the U.S. Forest Service to protect the San Francisco Peaks in Flagstaff from the proposed Arizona Snowbowl expansion. On June 24, DNA People's Legal Services Inc. on behalf of the Hualapai Tribe, Navajo Medicine Man Norris Nez, and Hopi leader, Bill Bucky Preston, filed a complaint in U.S. District Court alleging three potential adverse impacts from Alternative 2 of the Final Environmental Impact Statement (FEIS), chosen as the preferred alternative by the U.S. Forest Service. In addition, they claim the FEIS admitted that a portion of those impacts are irreversible; that all written communication to tribes and Native Americans was provided only in the English language and that "despite explicit requests to do so, those documents were never translated by the Forest Service into any Native American language, whether written or by audio- or videotape." Also, they claim that Defendant Nora Rasure, forest supervisor, failed to accommodate and extend the 60-day public comment period on the Draft EIS, and that the defendants Forest Service, Rasure, and Harv Forsgren, regional forester violated the Religious Freedom Restoration Act by selecting Alternative 2. They allege the defendants' actions are not in accordance with the federal government's trust responsibilities to tribes and Native Americans and violate the American Indian Religious Freedom Act, the National Historic Preservation Act, the National Environmental Policy Act, and three executive orders from the National Forest Management Act the Forest Service's own regulations. Hopi Chairman Wayne Taylor Jr., expressed his "deep disappointment" last month when the Forest Service's regional office upheld Rasure's earlier decision to expand the Arizona Snowbowl. "It is our duty and obligation to protect and preserve the spiritual integrity of 'Nuvatukyaovi' (San Francisco Peaks) as an afforded right of our First Amendment freedoms and we will never cease our efforts to defend our beliefs, religious and cultural properties," Taylor said. Tuesday's action by the Hopi Tribal Council gives official sanction to the lawsuit filed June 30 naming the U.S. Forest Service as a defendant and seeking to overturn the decision regarding the expansion. Leigh Kuwanwisiwma, director of the Hopi Cultural Preservation Office, endorsed the tribal council's decision. He previously has described the Forest Service action as an "attack on our place of worship." Following Tuesday's action, Kuwanwisiwma said, "This step by the Hopi Tribal Council to pursue legal action shows a continuity of support and unity for the ongoing Snowbowl expansion issue by the tribal government and religious leaders. ...Their actions are very much appreciated by the Hopi people." The Hopi believe the expansion will severely impact their ability to maintain their continued spiritual connection to the Peaks. In the lawsuit filed by DNA, the plaintiffs allege the Forest Service failed to consider alternatives other than the chosen action "that in fact the process was a confirmation of a predetermined decision, and no alternatives other than one that contained snowmaking were truly considered." The action as proposed would "substantially burden" the Plaintiff's religion by adding reclaimed wastewater to the mountain which would contain trace amounts of cadavers, human blood, feces, urine, pharmaceuticals, and a number of other materials, thus causing irreversible harm, DNA charged. Levon Henry, executive director of the agency, said, "The focus of our complaint is to preserve sacred places for all tribes. The Forest Service should respect Native American religion. Their decision to go forward clearly demonstrates their focus is on economic gain not on respect of our traditions," Henry said. The complaint states that Navajo elder Norris Nez, 75, a respected, practicing Navajo medicine man living near Tuba City, does not speak, read or write English and does not have or use a personal computer, "as is the situation with a great number of Navajo ... many of whom are likewise without telephones or access to the Internet and do not have personal vehicles." The complaint also makes similar statements regarding Hualapai elders and Bill Bucky Preston, who resides in the Hopi Village of Walpi. Copyright c. 2005 Gallup Independent. --------- "RE: Judge who voided Cayuga Claim" --------- Date: Fri, 8 Jul 2005 09:08:04 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CABRANES ETHICS QUESTIONED" http://www.indiancountry.com/content.cfm?feature=yes&id=1096411195 Judge who voided Cayuga claim lives under similar shadow Analysis July 7, 2005 NEW HAVEN, Conn. - U.S. Appellate Judge Jose A. Cabranes, author of the recent 2nd Circuit Court ruling voiding the Cayuga land claims, has a distinguished resume. A native of Mayaguez, Puerto Rico, he was General Counsel for Yale University when first appointed federal judge in New Haven in 1979. He was serving as Chief Judge of the U.S. District Court in Connecticut when President Clinton appointed him to the Court of Appeals in 1994. He was even mentioned as a possible Al Gore appointment to the U.S. Supreme Court during the 2000 election. But his ruling in Cayuga Indian Nation of New York v. Pataki raises troubling questions, not only about his "novel" interpretations of basic legal doctrines, but about a potentially serious conflict of interest. Cabranes lives in an area near New Haven that has been roiled for more than a decade by another set of tribal land claims. The original 12-year- old suits by the state-recognized Golden Hill Paugussett tribe are still alive, and tribal leaders have threatened to extend them over a territory of 750,000 acres inhabited by 1.6 million people. Cabranes' hometown lies within the Paugussett Aboriginal territory. It is listed as such in a pamphlet prepared for Connecticut's tercentenary in 1993. It has not been named as a target in the current Paugussett suit nor in a memo the tribe issued in 2002 listing 15 additional parcels in 10 towns against which it was researching suits. But one of these towns was adjacent to Cabranes' hometown, and Indian land claims tend to cause uncertainties among residents not familiar with various outcomes of such proceedings (no one has ever been forcibly removed from their property as a result of an Indian land claim). Furthermore, although the Paugussett suit lay dormant for years as the tribe pursued federal recognition, it has shown recent signs of activity. On May 18, tribal counsel Michael O'Connell petitioned U.S. District Judge Janet Bond Arterton to restore the case to the active docket. In June, the state of Connecticut filed a motion in opposition and the tribe made a reply. Arterton has not yet ruled. Cabranes issued his decision in the Cayuga case, which potentially could bar land claims across the country, on June 28. Tribal suits against individual property owners, what Cabranes called "possessory land claims," could well be the largest single cause of the recent surge in anti-Indian sentiment. Hostility against the Mashantucket Pequot Tribal Nation in southeastern Connecticut can be traced to a round of land suits in 1976, even though they were resolved in 1983 by a congressional settlement providing federal recognition and an expanded reservation. The Paugussett suits have been a constant goad in far more affluent and influential southwestern Connecticut since they were filed in 1993. In a decision dismissing one of the suits later that year, a state judge wrote that it was meant to put "pressure" on land owners to support federal recognition for the tribe, "perceived as a necessary step in the Paugussetts' quest of a gambling casino in Bridgeport." As a tactic, it backfired badly. When federal Judge Peter Dorsey initially dismissed the suit in 1993, on the grounds that the Golden Hill tribe wasn't federally recognized, a regional paper ran this quote from the liberal first selectman of one of the state's richest towns over its front-page headline: "Now, while they're down, I want to walk on them." The suits rose and fell with the Paugussetts' roller coaster ride toward recognition. The BIA rejected the tribe's petition in 1996, but agreed to reconsider it in 1999. Meanwhile, the 2nd Circuit kept the suit alive but asked that it be held in abeyance while the recognition issue was pending. The dormant period stretched to eight years. The BIA finally rejected the Golden Hill petition on June 14, 2004. O'Connell argued, however, that the tribe still has standing through its state recognition. Current research, he said, is focusing on parcels that allegedly were sold in violation of state and colonial statutes similar to the federal Trade and Intercourse Act of 1790, the basis for most tribal land claims. The wisdom of seeking to dispossess individual landowners, even as a tactic, is very much in question. This paper has editorialized against it, even though the Oneida land claim in central New York originally maintained that option. The Oneida Nation of New York never exercised that option, but the Wisconsin Oneida eventually did sue individual landowners. (The Oneida Indian Nation of New York owns Four Directions Media, the publisher of Indian Country Today.) The presiding District Court judge in the Oneida case later barred claims against individuals, saying tribal plaintiffs acted in "bad faith." A second generation of actions, under the preferred title "land rights" suits, has made a point of eschewing individual claims, instead targeting governments, utilities and corporations. The Onondaga Nation proclaimed that its recent filing was intended to force an environmental cleanup of the sites it claimed, seeking with some success to avoid the intense public hostility that greeted the Oneida and Cayuga suits. It's another major question whether a judge can be truly impartial in a land claims trial if he lives in an area affected by such a threat and the intense reaction it provokes. Should he have recused himself, and should his decision be reversed for conflict of interest? It's instructive to compare Cabranes' situation with a complaint that Connecticut Attorney General Richard Blumenthal loudly and repeatedly lodged against Assistant Interior Department Secretary of Indian Affairs Kevin Gover up through his resignation in 2002. Gover had been counsel for the same Paugussetts during their unsuccessful petition for recognition in the mid-'90s. Even though at Interior Gover recused himself from their case, Blumenthal accused him vehemently of conflict of interest when he allowed state recognition as a factor in other acknowledgment decisions. Blumenthal wrote repeatedly that "the incurable taint of this actual or apparent conflict of interest" should invalidate Gover's decisions on recognition. In a July 27, 2000 letter to the Interior solicitor, he wrote: "Recent threats by the Golden Hill Paugussetts to sue innocent homeowners, and place liens on the titles to 700,000 acres of land, raise the specter of rapidly intensifying scrutiny and antagonisms on a number of levels. All the more reason to be sensitive to the need for fairness, objectivity, and integrity, and the public's perception of those qualities in the process." The same words might apply to Judge Cabranes. Copyright c. 1998-2005 Indian Country Today. All Rights Reserved. --------- "RE: Navajo Mtn/Pinedale Land use Plan Certification" --------- Date: Thursday, July 07, 2005 8:00 PM From: Karen Francis [karenfrancis@navajo.org] Subj: Navajo Mountain and Pinedale receive land use plan certification Contact: Karen Francis, Public Information Officer Navajo Nation Council Office of the Speaker (928) 871-7160 karenfrancis@navajo.org www.navajonationcouncil.org FOR IMMEDIATE RELEASE DATE: Thursday, July 07, 2005 NAVAJO MOUNTAIN AND PINEDALE RECEIVE LAND USE PLAN CERTIFICATION The Transportation and Community Development Committee of the Navajo Nation Council certified two more community-based land use plans this week, first at Navajo Mountain Chapter on Tuesday and next at Pinedale Chapter on Thursday. Speaker of the Navajo Nation Council Lawrence T. Morgan presented Legislation No. 0482-05 to certify the land use plan for Pinedale Chapter on July 7, 2005. Morgan introduced his co-presenters including Community Land Use Planning Committee President Willie Norton, Vice President Ruby Tsosie, Secretary/Treasurer Sarah Jackson and member Laura Charley. Also assisting was the Chapter's consultant Anna Randon. Committee member Willie Tracey Jr. commended the CLUP committee and the consultant for utilizing technology in developing the plan. Committee members were provided with compact discs containing detailed maps of Pinedale - a first since the Committee began certifying land use plans. Thanks to the use of technology with the consultant, the Chapter will be able to easily update their statistics and information every five years. Committee member David Rico also acknowledged that the Pinedale Chapter has established rural addressing for its community through the plan. Other committee members said they appreciated the incorporation of the history of the area, the inclusion of clans and other statistics of the community, and cultural references throughout the land use plan. "You have presented the past, the present and the future in this plan," Rico said to the CLUP committee members. After the Committee voted 4 in favor and none opposed to certify the plan, the committee members joined Speaker Morgan, Norton and Randon on a tour of the Pinedale community - pointing out areas of historical significance and other areas identified in the plan such as sites for clustered housing, proposed paved roads and open space land. The Committee members rarely receive such a tour when certifying land use plans. Chapter President Raphael Martin said to the committee, "Our goal is that you will not forget Pinedale community. Remember that we still need help here." On July 5, Council delegate Willie Grayeyes presented Legislation No. 0275-05 to certify the community-based land use plan for Navajo Mountain Chapter. The Committee voted 5 in favor and none opposed to certify the land use plan. Navajo Mountain Chapter President Leo Manheimer said that the community was looking to develop tourism but its main barrier in doing so was the lack of a paved road into the community. Manheimer said that a decision was made to preserve land for tourism development for hiking, biking and/or horse riding; and to limit infrastructure development to the area close to the community's main road. Other CLUP members also expressed the need for paved access to their community. A dirt road about 12 miles long is the only way to reach the isolated area. Manheimer noted that the Navajo Mountain High School is the only high school in the United States without a paved access. The Committee will next consider the community-based land use plan for Steamboat Chapter on July 26, 2005. Steamboat Chapter is one of the five governance-certified Chapters. Only Nahata Dziil Chapter has received both governance certification and community-based land use plan certification from the Transportation and Community Development Committee. --------- "RE: 4 So. Carolina Groups seek recognition as Tribes" --------- Date: Sun, 10 Jul 2005 20:45:57 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SOUTH CAROLINA TRIBAL APPS" http://www.pechanga.net/ http://www.charlotte.com/mld/observer/news/local/12081221.htm 4 groups seek recognition as tribes State's application process long but seen as worthwhile, officials say CHRISTINA GOOD VOICE Associated Press July 8, 2005 COLUMBIA - At least four American Indian groups intend to file for state recognition as tribes by Sept. 1. The groups met Thursday with South Carolina's Native American Affairs coordinator to get questions answered about the strict application process and requirements. Two of the groups had previously applied, but withdrew to polish their applications. State recognition may be obtained only after a lengthy process that includes proof of tribal rolls for the past five years, historical presence in the state for 100 years, official records for tribal members, historical ancestry and genealogy charts. Barbara MorningStar Paul, a member of the Lakota Nation, works for the Minority Affairs Commission of South Carolina as program coordinator for Native American Affairs. She said the groups that were present Thursday seemed eager to file applications despite the stiff requirements. "The guidelines are stringent to protect the tribes in the future from accusations of not being Indian," MorningStar Paul said. However, state requirements are less difficult to satisfy than obtaining federal recognition for a tribe. State recognition is more about giving groups identification; there is no financial gain for state-recognized tribes, said Will Goins, chief executive of the Eastern Cherokee, Southern Iroquois and United Tribes of South Carolina Inc. Goins will serve on the five-member application review committee in September. The panel has four months to make its recommendations to the commission on the applications. "I do think there will be some challenges that each group will have to face. But I do wish them the best of luck," Goins said. The Waccamaw Indian People and the Pee Dee Nation of Upper South Carolina were granted state recognition as tribes by the commission in February. The Catawba Indian Nation is the only federally recognized tribe in South Carolina. Who's Applying The four groups filing for state recognition as tribes are the Chicora Indian Tribe of South Carolina, Natchez-Pee Dee Tribe, Beaver Creek Indians and Piedmont American Indian Association Lower Eastern Cherokee Nation. Copyright c. 2005 Charlotte Observer and wire service sources. All Rights Reserved. --------- "RE: HARROP: Fixing the Problem in Whiteclay" --------- Date: Thu, 7 Jul 2005 08:31:08 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HARROP: WHITECLAY" http://nativetimes.com/index.asp?action=displayarticle&article_id=6678 Fixing the problem in Whiteclay Guest commentary WHITECLAY NE Froma Harrop July 7, 2005 This speck of a town has 16 people and three beer stores. Its main business is selling alcohol to the residents of the Pine Ridge Indian Reservation, just over the state line in South Dakota. The situation in Whiteclay has become an obsession for both Nebraskans and the Oglala Sioux. Alcohol is a curse for many Native Americans, and the reservation bans its sale or possession. Good people see the Whiteclay business as despicable exploitation. Now what to do about it. As H.L. Mencken said, "For every complex problem there is a solution that is simple, neat and wrong." There is no shortage of simple solutions for Whiteclay: Close the beer sellers. Regulate them to the eyeballs. Have Indians patrol the town. But the simple solution to this complex dilemma is problematic. That's because it centers on special restrictions based on race or ethnicity. These troubling issues are not unique to Indians or this part of the country. For example, African-American leaders have long tried to ban billboards advertising alcohol in their neighborhoods. Whether curtailing liquor ads cuts the use of alcohol remains unclear. It undeniably cuts advertising revenue in poor black areas. Here in the Nebraska panhandle, every cowboy saloon has its share of Euro-Americans slumped face down on the bar. Yet no one is telling habitual white drunks that come tomorrow, they can't order their first five beers. Proponents of shutting Whiteclay's $4 million-a-year business say that Indians are a special group known to have more problems with alcohol than others. The temperance ladies of the 19th and early 20th centuries had likewise labeled Irish and German immigrants. Try this on for size: A law that outlaws bars within 300 feet of predominantly Irish- or German- American neighborhoods. Some argue that Nebraska law forbids the sale of alcohol near churches and schools, and so why not near Indian reservations? Again, the first two restrictions are based on the nature of the institutions, not the ethnicity of the people in them. Rep. Tom Osborne (R.-Neb.) and Rep. Stephanie Herseth (D.-S.D.) have put forth a pragmatic-sounding solution: Deputize members of the Oglala Sioux Tribe to keep order in Whiteclay. Given the tragic history of this region, it is thought best that Indians deal with their own. The reservation was the site of the Wounded Knee Massacre, in 1890, when white soldiers butchered hundreds of Sioux men, women and children. Osborne and Herseth have requested $100,000 in federal money to pay for the tribal patrols. In a letter to a House subcommittee, they noted that the Indians would do a better job of enforcing state laws on public inebriation, drunk driving and other alcohol-related offenses. And they would uphold the tribal ban on bringing alcohol onto the reservation. But wait a minute. Aren't states supposed to be enforcing their own laws with their own money? Why must the U.S. taxpayer get involved? And if people are illegally transporting alcohol onto the reservation, why stop at Whiteclay? How about Rushville, 22 miles to the south, or Hot Springs, S.D., which is even closer? The simple solution, unfortunately, ignores the reality of alcoholism. Anyone who has spent much time in Alcoholics Anonymous understands that the problem is not Mike's Pioneer Beer/Ice in Whiteclay or the cans it sells. It is the drinker. Alcoholics will find their poison one way or another. At least people can safely walk the two miles from the town of Pine Ridge into Whiteclay. The road has sidewalks and bright sodium lights. Level Whiteclay (a bulldozer could do it in an hour), and the alcohol sales would move to places requiring the inebriated to drive. The only thing approximating a real solution is to treat the alcoholics themselves. And programs run by the tribes report recent progress. Some Indians want to legalize the sale of alcohol on the reservation and use the revenues for treatment. But closing beer joints in Whiteclay would not do much. The federal government first outlawed selling alcohol to Indians 171 years ago. The events in Whiteclay, sadly, are but a footnote in history. Froma Harrop is an editorial writer with the Provide Journal, where this article first appeared, and syndicated columnist. She may be reached by e-mail at: fharrop [at] projo.com Native American Times. Copyright c. 2005 All Rights Reserved. --------- "RE: LaDonna Harris, Advocate for American Indians" --------- Date: Tue, 5 Jul 2005 09:01:08 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HELPING OTHERS" http://www.owlstar.com/dailyheadlines.htm http://www.abqtrib.com/albq//0,2564,ALBQ_19858_3902928,00.html Speaking up and reaching out LaDonna Harris steps away from the sidelines to become an advocate for American Indians, helping others become ambassadors of their nation By Marisa Demarco Tribune Reporter July 4, 2005 LaDonna Harris isn't used to talking about herself. Harris, president of the board of directors of Americans for Indian Opportunity, will tell you all about the causes she's worked for. But ask her about her rise from farm girl in Oklahoma during the Great Depression to big-time politico, and something changes. She's Comanche and has fought for civil rights, American Indian rights, women's rights, farmworkers rights and the environment for more than three decades. She has been appointed to commissions and advisory councils by every president but the current one. She even made a run for national office as the 1980 vice presidential nominee on the Citizens Party ticket. "OK, right," she says from her North Valley home where she is waiting for an electrician to come fix some wiring. "Back to me." LaDonna, 74, married Fred Harris in the early 1950s when she was still a senior in high school in Walters, Okla. They are now divorced. But Fred Harris' first days in the Oklahoma Senate at age 25 marked LaDonna Harris' first exposure to government. "Socially, I was the epitome of the historic Indian girl," she said. "He was very verbal, but he depended on my ability to read people, read their body language and observe their behavior." Harris said she would go to the state capital, though she was the only wife who would attend the sessions, and sit on the Senate floor with her husband. Still, she was more seen than heard. "I wanted to figure out people before I opened up," she said. Harris was at a meeting at the University of Oklahoma listening to professors speak about civil rights when she first spoke up publicly. "I asked about Indians, and no one knew anything," she said. She got the professors to come to Lawton, Okla., where much of the American Indian community was at that time, to discuss those issues. Out of that meeting came the formation of the Oklahomans for Indian Opportunity in the 1960s, the first American Indian organization that joined the tribes of the state. For the first couple of months, they ran the nonprofit out of Harris' house. That organization shut its doors last week. "It didn't find its new road," she said. "It's a great sadness." Working for the organization meant Harris had to learn to speak in public in her late 20s and early 30s. "I lost some of the skill of reading people," she said. "It was a trade off. It sounded easy, but it wasn't." She wouldn't let her husband attend her speeches because he made her nervous. But one day he snuck into the back of the auditorium to listen in. He told her she had done well. "He had to," she said. After her husband's political career took them to Washington, D.C., Harris founded Americans for Indian Opportunity and embarked on what has been a life of "educating the educators." She says she taught "Indian 101" to every member of Congress and presidents for more than 30 years. "It got boring," she said of training generations of politicians in pre- Columbus American history. She said she often faced racism, but it was mostly ignorance she was confronted with. She was known in Washington as "The Indian," an affectionate nickname, she said. "As grandmother says, `Don't spend time being mad at people, because then they have defeated you,' " she said. Today, Harris has designed an ambassador program that mimics her rise through the political landscape. American Indians are chosen from around the country, brought to Washington, D.C., and abroad to train to become an ambassador of their nation. "She sees the value in everybody," says Stephanie Posten, a graduate of the program. "The number of people that come to her and are thrilled to see her is amazing." Copyright c. 2005 Albuquerque Tribune. --------- "RE: Fort Mojave Tribe observes National Day of Prayer" --------- Date: Mon, 11 Jul 2005 08:56:09 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="FORT MOJAVE" http://www.owlstar.com/dailyheadlines.htm http://www.mohavedailynews.com/articles/2005/07/11/news/local/local%202.txt Fort Mojave Tribe observes National Day of Prayer July 10, 2005 TOPOCK - The Fort Mojave Indian Tribe observed the National Day of Prayer for Native American Sacred Places at the Topock Maze, June 21 at sunrise. Tribal members prayed for the protection and preservation of the Maze and its religious and cultural significance. The Maze is both a physical manifestation and a spiritual pathway for the afterlife. An integral part of the Mojave way of life, it is a significant part of the beliefs, traditions, culture and religion of Mojave people. Fort Mojave Culture Department Director Linda Otero led the observance, speaking to assembled tribal members about the significance of the maze and similar prayer ceremonies held throughout the nation to mark this year's National Prayer Day. Tribal gatherings were held throughout the day in such places as New York, California, Arizona, Kansas, Missouri, New Mexico and Washington, D.C. In addition to the prayer offerings at the Maze, the Mojave observed Prayer day throughout their reservation lands, and prayed for guidance and national support to defend the sacred site. Participants in the National Day of Prayer hope to protect the Maze from encroachment and development. In addition to its importance to the Mojave people, the Maze has been officially listed on the National Register of Historic Places since 1978 and is formally recognized as nationally significant. This was the third National Day of Prayer to Protect Native American Sacred Places. The first National Prayer Day was conducted on June 20, 2003, on the grounds of the U.S. Capitol and nationwide to emphasize the need for Congress to enact a cause of action to protect Native sacred places. Copyright c. 2005 Tri-State Online/Mohave Daily News/Bullhead City, AZ. --------- "RE: Options' Project aims to bridge Tribal Gap" --------- Date: Wed, 6 Jul 2005 08:41:34 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SCHOOLS GET ELDER WISDOM" http://www.owlstar.com/dailyheadlines.htm http://www.northkitsapherald.com/~at=23&id=454127&more= Options' project aims to bridge tribal gap By Josh Farley July 6, 2005 SUQUAMISH - North End resident Rhonda Williamson will freely tell you her favorite word is "bridge." And when it comes to providing spans between the cultures of the Port Gamble S'Klallam and the Port Madison Suquamish tribes, Williamson jumps at chances to do so. One of the latest endeavors she's coordinated has been the Elders Project, which has connected students in the school district's Junior High Options Program to the most senior members of the Suquamish Tribe through service projects at the elders' homes. What transpires is a lesson in altruism and community awareness. "They're doing good deeds and not expecting anything in return," Williamson said. In all, about 12 Options students have visited the elders six times this year, performing yard maintenance, window cleaning, and a variety of tasks for those who need it most. Parent volunteers Jackie Stenstrom, Patsy Bryan and Moira Prendergast have also participated in the transportation and on-site gardening work. The first step is contacting the tribal elders and having the Options students meet with them to determine what services are needed. Williamson said this aspect ensures the project is entirely student driven. "The students (are) involved at every level of the process ... it is really their project," she stated. "We want them to learn the value and necessity of community service in our society and our North End community." The project's creator is Bob Dash, a teacher in the Parent Assisted Learning Program. He did so to help encourage diversity in the community. "Nature is healthiest when it's diverse - and the same goes for culture," he said. "And there's a lot of diversity in this community that people don't connect with." Their work at elders' homes has clearly been well received. "This is truly a blessing," said Marilyn Wandrey, Chair of the Suquamish Tribal Elders Council, who received assistance from the Options students June 15. "I'm really grateful that I'm one of the recipients of this." Wandrey viewed the program as a positive step toward improving relationships between tribal and non-tribal residents. "I do believe that we're getting somewhere," she said. "These young people are getting to meet tribal folks and when we see them in the community, we'll know their names." She added that it was great to see the students, "getting their hands in the dirt," something that's "... a powerful in itself to be next to Mother Earth." Williamson said naivety among non-natives is a leading cause of communication problems between the tribes and their neighbors. If the students learn of the Suquamish and S'Klallam heritages early on, the relationship will grow stronger, she added. "If these guys understand this community at their age, it will create a better community," she said. "Understanding is friendship." Williamson's interest in the project stems from her work on her master's degree in education through Antioch University's "First People" Program at the Muckleshoot Tribal College in Auburn. She's also a parent of an Options alumnus and was a classroom volunteer there. The students have learned that while their selflessness is often reciprocated, it doesn't have to be to make the experience worthwhile. "I think it's just nice to know you're helping someone," said Options seventh grader Ross Bryan, as he weeded Wandrey's yard. "I don't expect anything back. It's just a feeling of satisfaction to give something to someone." The students clearly noted differences between their own culture and the tribe's through stories the elders would tell. "It's much different from my history," said Vivian Suarez, an Options ninth grader. "They have a whole different way, history of doing things. It's really interesting." Their own giving is satisfying, remarked ninth grader Jasper Stenstrom. "One of the best things is after you're all finished and you say thank you to them," he said. A midday lunch, provided by Wandrey, allowed time for the Suquamish elder to tell stories. Before she talked of perils and successes of past canoe journeys, she thanked the students for their efforts. "I hope that I will get to see you in years to come," she said. "And I hope to see what you'll become." Copyright c. 2005 North Kitsap Herald. --------- "RE: American Indian Students head to Harvard" --------- Date: Wed, 29 Jun 2005 08:51:03 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HARVARD" http://www.owlstar.com/dailyheadlines.htm http://www.dailyadvance.com//American_Indians_College.html American Indian Students Head to Harvard By MICHAEL KUNZELMAN Associated Press Writer June 29, 2005 CAMBRIDGE, Mass. - Few of Leroy Swamp's friends on a Mohawk Indian reservation in upstate New York are thinking about college as they enter their senior year of high school. Swamp, however, isn't content to become an ironworker like his father and grandfather. He wants to follow the example set by his mother, who just graduated from nearby St. Lawrence University with a master's degree in education. "Ironworking is pretty high paying, but it's unskilled. I want to make a better life for me," said the 16-year-old, who lives on the Akwesasne reservation in Hogansburg, N.Y. Swamp's college search began in earnest this week at Harvard University, where 59 American Indian students from 40 different tribal nations have gathered for a five-day crash course in the college admissions process. The College Horizons summer program, founded in 1998, is designed to chip away at some of the cultural, financial and educational barriers that keep many American Indian students from applying to college. "Most people see Indians as wearing headdresses and dancing around," said Desiree Deschenie, 16, of Farmington, N.M. "I want to go somewhere where there is a ton of diversity." American Indians and Alaska Natives account for roughly 1 percent of the United States population, but they represent well under 1 percent of the nation's college undergraduates, said Carmen Lopez, executive director of the Harvard University Native American Program. "We're doing OK, but we need to do better," Lopez said. American Indians also drop out at higher rates than other students. While nearly half of all students entering college will earn a degree within five years, only about 4 percent of the American Indians who enter college end up graduating with a bachelor's degree, studies show. At Harvard, college counselors and admissions officials from Harvard, Princeton, Stanford, Yale and 18 other schools helped students polish their applications, explore their financial aid options and whittle down the list of colleges. "Most of them are from high schools where they don't get this information. Here, they're getting the inside scoop," said educational consultant Whitney Laughlin, who founded College Horizons. Veronica Lake, of Coppermine, Ariz., said her parents want her to attend their alma mater, Brigham Young University, but she is leaning toward an East Coast school like Brown or Princeton. The trip to Harvard was her first taste of the Ivy League, and it wasn't what she expected. "I thought the campus was going to be extravagant and really huge," she said. "I don't know exactly what I had in mind, but it's better in many ways." Copyright c. 2005 The Associated Press. All Rights Reserved. Copyright c. 2005 Cox Newspapers, L.P. - The Daily Advance. --------- "RE: Group seeks to preserve Indian Boarding School" --------- Date: Thu, 7 Jul 2005 08:31:08 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="OTOE MISSOURIA SCHOOL" http://www.indianz.com/News/ http://www.journalstar.com//doc42c9bf3fda029323347520.txt Gage County group preserving Native school in Barneston BY KENDRA WALTKE / Lincoln Journal Star July 7, 2005 The history of the weathered building east of the Barneston City Park is as patchy as the structure itself. Its origins are no secret. A sign placed by the front door in the late 1980s reads "Otoe Missouria Indian Mission School, 1875-1882." But not too many people know about the Big Blue River Reservation, established in 1854, and the hundreds of Otoe and Missouri people who called southern Gage County home. And even fewer know about the reservation boarding school, which housed maybe 30 children at its peak. For decades afterward, the school building was used as a farmhouse, and much of its history was lost in the shuffle. There is no doubt that those gaps - both in the public record of the school and the structure of the building itself - could cause headaches for Gage County Heritage Preservation, a group working to repair the building. But the group also views that neglect as a reason for preserving the building. Leaders say the school could never be restored as a museum, but it can remind people of Barneston's roots as a Native village. "We want to work with what is there, not make it something it's not," said Lori McAlister, president of the group. "We can still snatch this history back from the brink," she said. "It's not about the structure, it's about having a focal point for the reservation and its connection to this place." The 162,000-acre Big Blue River Reservation was created in 1854 after the Otoe and Missouri people ceded most of their land to the Nebraska territory. A small village was established near Barneston, which included about 40 earth lodges and the mission school. The two tribes sold the reservation in 1881 in exchange for land near Red Rock, Okla. The school-turned-farmhouse endured a century of wear before 1987, when a group of history-minded women bought it and moved it a few hundred feet to its current place on public land. Most of the original structure, including the third floor, is long gone. Even the building's tall window frames are empty of glass, warped by weather and covered by odd scraps of plywood. So the group's first step will be a picnic on Saturday to raise money to buy new single-paned windows similar to the original ones. Ratigan- Schottler Manufacturing of Beatrice has offered to custom-build all 17 windows and donate the first six. And the rest of the building is surprisingly solid, McAlister said. When finished, one half will hold bunk beds and desks typical of a mission school, and the other will resemble a 1900s-era farmhouse. By next spring the group hopes to host historic re-enactors from the Nebraska Humanities Council and speakers from Nebraska tribes. "We may try to find people who could act as school teachers or Indian Affairs agents," McAlister said. Nettie Grant Sikyta, a member of the Omaha tribe who lives in Beatrice, will speak Saturday on her experiences as an Omaha woman in Nebraska. Grant Sikyta's grandmother attended the Indian Industrial School in Genoa, and her mother also attended a boarding school for Native children. "We were always told to get an education and live with the white folk so we can learn how they think," she said. "But I would ask them, `Why aren't you mad, kicking screaming mad, that you were taken away from your parents so young?'" Grant Sikyta said she is disappointed that her daughter does not learn more about Native contributions in school. She thinks places such as the Barneston school should be saved, even if few traces of history remain. "Finding and spreading the truth," she said, "starts with an awareness of what you don't know." Reach Kendra Waltke at (402) 473-7303 or kwaltke@journalstar.com. If you go What: A picnic to raise money to preserve a building once used as a mission school for the Otoe-Missouria tribes. The Gage County Heritage Preservation hopes the former school could host historic re-enactments and Native history programs. When: Noon Saturday. Beef and hominy soup, roast turkey, fry bread, baked beans and salad will be served for a freewill donation. Nettie Grant Sikyta of the Omaha tribe will speak. Where: Barneston City Park, one block west of the historic building Copyright c. 2005 Lincoln Journal Star. All rights reserved. --------- "RE: Future of Hopi is in Education" --------- Date: Wed, 6 Jul 2005 08:41:34 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HOPI CHAIRMAN ON EDUCATION" http://nativetimes.com/index.asp?action=displayarticle&article_id=6668 Charting the future Nothing is more important to the future of Hopi than education Vanessa Charles July 5, 2005 On a warm, August morning in 2004 a proud Wayne Taylor Jr., chairman of the Hopi Tribe, spoke of the importance of education to Hopi in a speech to hundreds of parents, students and guests attending the dedication of the First Mesa Elementary School in Polacca. "We are, in many ways, a developing tribal nation," Taylor said. "It is crucial to our ability to generate economic development that Hopi maintain an educated, skilled and healthy workforce. The young people today will be the tribal leaders of the future. They must be prepared to assume the mantle of responsibility. They must be able to run tribal enterprises. They must be able to run tribal governments. "One of these days," the chairman said, "a student graduate of First Mesa Elementary School may take my job." The nearly $20 million investment in First Mesa Elementary - a 74,700- square-foot, K-6 facility with a maximum capacity of 400 children - illustrates the commitment the Hopi have made in strengthening its already highly regarded school system, which is made up of six elementary schools and the Hopi High School and Junior/Senior High School. There are about 1,700 students enrolled in Hopi schools. Of the 184 U.S. schools funded by the Bureau of Indian Affairs, all six Hopi schools were among the 40 schools that met or exceeded requirements of the No Child Left Behind Act. More than 80 percent of Hopi third through six-graders met or exceeded Adequate Yearly Progress standards in the areas of language arts, reading and mathematics. Hopi High School, located in isolated Keams Canyon, graduates nearly 87 percent of its students, well above the 63 percent statewide average for Native Americans. The statewide graduation rate for all races is 76 percent. Along with the usual high school classes, Hopi Junior/Senior High incorporates cultural teachings, Hopi and Navajo language classes, and native traditions into its curriculum. Along with the language and cultural teachings, students participate in a traditional dance group called the Hopi Sinom Club, and the Hopilavayi Project, a Hopi tribal effort to encourage the growth and acquisition of Hopi language and culture. Once a year, during Indian Days, there is a week of traditional celebration, with about 20 dance groups performing butterfly and buffalo dances, students wearing traditional dress and a meal of traditional foods. "Students are big participants in Hopi culture in the villages, and the respect and tradition they learn are integral to their view of education," Principal Glenn Gilman told the Arizona Republic newspaper. "It helps strengthen the role of education." The school has about 750 students, with about 80 percent Hopi and the rest mostly Navajo. Most students qualify for free or reduced school lunches. Many are bused long distances, some from places like Moencopi, 80 miles away. The school system is indicative of how the pride of the Hopi has enabled the tribe to overcome a failed system of federal paternalism toward Native Americans and provide for their children a quality education. It was never easy. "After all that time and all of these changes the people and the students of First Mesa have a reason to celebrate with the accomplishment of the new school," Steele says. First Mesa students and staff excelled even before they had a designated school building. Ed Parisian, director of the BIA's Office of Indian Education Programs, says First Mesa Elementary was the third school accredited in the BIA system with students consistently ranking in the top 5 percent on standardized tests. Education has always been a strong thrust of tribal leadership. "Nothing is more important to the future of the Hopi people than providing our children with the education and human skills they need to attain their full potential as human beings," Taylor says. "Nothing." With the revived commitment to build a diversified economy, tribal leadership has held a steadfast and unwavering view that education must be an unmovable platform on to which a secure Hopi future can be built. The educational system must be able to provide Hopi young people with the skills to work and manage tribal enterprises. "It is critical to the future viability to the Hopi Homeland that our children find opportunity here, on the reservation," Taylor says. "We need an educated, skilled work force to serve a growing economy," Hopi Education Director Noreen Sakiestewa says. Factors credited in the high school's success are a 90 percent teacher retention rate, regular meetings with counselors, an after-school tutoring program with bus service and a Second Chance catch-up program for kids who don't complete English classes the first time around. In an effort to encourage college attendance, the tribe has a Two-Plus- Two-Plus-Two college transition program, in partnership with Northland Pioneer College and Northern Arizona University. The program lets teens earn college credits while still in high school. Seventy students participated in the program last year. Another program, Upward Bound, takes students to the Northern Arizona University campus in Flagstaff to meet other students and provides a five- week summer session to "enable students to successfully live in two worlds: their own, with its rich cultural heritage, and the world of college life." Forty-seven students enrolled last year. Ten Hopi students also participated in Harvard Summer last year, attending classes at Harvard Medical School. Gilman remains concerned that although most students are meeting graduation requirements, many are struggling on the Stanford 9 and AIMS tests, especially the math portions. "We do all right on the writing and reading portions, but if the AIMS requirement were imposed today, 68 percent of our students would be getting a certificate of attendance rather than a diploma," Gilman told the Republic. Students must pass all three of the AIMS sections for graduation beginning in 2006. And with the math portion covering calculus and trigonometry skills, students must take pre-algebra in sixth grade to get all of the classes in, Gilman says. In accordance with the Hopit Potskwaniat, a strategic plan for the future developed in 1995 and revised in 2001, the tribe is taking steps to further strengthen the educational system. Four of the elementary schools and the junior/senior high school are grant schools. While the two remaining schools - Keams Canyon Elementary School and First Mesa Say School - are managed by the BIA. Tribal leaders believe the schools would be managed more efficiently and economically if they were all grant schools under a single Hopi Board of Education. Placing control of the schools under the Hopi Tribe also would strengthen tribal sovereignty, self-determination and self-reliance. A key factor in providing for a sound elementary and secondary education for Hopi children is an equally sound education in the Hopi language. The Hopi language has always been an integral and vital part of Hopi culture. It is the wellspring of Hopi ceremonial life; it expresses kinship and clan relationships; it ensures preservation of Hopi history. It is the foundation of creative expression and cultural continuity that stretches back at least 1,000 years. Hopi language forms the core of who the Hopi are as a people. A recent language assessment survey by the Hopi Cultural Preservation Office showed a decrease in Hopi people 40 years and younger. Hopi is not being spoken enough in the home. Because of the lack of opportunity on the reservation, many families are leaving, making it difficult for their children to be schooled in their native language. "I believe Hopi culture is in a crisis," says George Gummerman, associate professor and chair of the Department of Anthropology at the University of Northern Arizona, Flagstaff. "Elders often talk about how the children are not learning Hopi language and as such are just mimicking the ceremonies without really knowing what is being said or sung." "It's very difficult to preserve traditional knowledge and practices and still give children the wide range of choices available in mainstream American and global culture," says Kelley Hays-Gilpin, associate professor of anthropology at Northern Arizona University. "The whole world is a young Hopi's birthright. But the Hopi Way and the modern world can and should coexist. "Language is perhaps the most important predictor of successful cultural preservation," Hays-Gilpin says. "If Hopi children can still grow up bilingual, Hopi culture has a much better chance of surviving. Multilingualism has many advantages; cognitive, creative, economic and social. As long as at least some Hopi people still live in their traditional villages, speak Hopi and farm in traditional ways, they have a fighting chance of preserving their heritage for the future." The Hopilavayi Language Project was developed with the intent of addressing language loss and creating a language and cultural-based curriculum to be introduced in all reservation schools. To date, the Hopi language has been successfully introduced into the curriculum of neighboring schools with Hopi students. Another project spearheaded by the Office of Cultural Preservation is the Hopi Footprints project. Ultimately, the main goal behind this project is to improve classroom-teaching practice while creating a standards-based Hopi culture curriculum in CD ROM and web site formats. Hopi cultural leaders, neighboring university professors, and language specialists mobilized their efforts to develop a unique resource that combines archaeology, classroom skills and technology. Strengthening the education and language programs builds the human infrastructure needed to ensure the economic viability of the Hopi homeland and ensures preservation of Hopi culture. "Many studies demonstrate that individuals are much better off if they have strong cultural connections," Gummerman says. "If there is a strong tie to cultural traditions and community there are less drug and alcohol problems. By participating in Hopi traditions an individual builds a strong and successful community." Native American Times. Copyright c. 2005 All Rights Reserved. --------- "RE: Professor writes Tribal Government Handbook" --------- Date: Wed, 6 Jul 2005 08:41:34 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SOUTH DAKOTA TRIBES" http://www.owlstar.com/dailyheadlines.htm http://www.aberdeennews.com/mld/aberdeennews/news/12066068.htm Professor writes tribal government handbook Associated Press July 6, 2005 PIERRE, S.D. - An American Indian studies professor at Black Hills State University has written a handbook on tribal government in South Dakota. BHSU Associate Professor John Glover said he hopes the text will fill a gap in history and political science discussions of how governments operate. "Tribal Sovereigns of South Dakota. A Description of Contemporary Sioux Governments" discusses the structure, origins and operations of the governments of each of South Dakota's nine tribes. The book includes text of the constitutions of each tribe and an extended timeline of the tribes' history and political development. "You take a typical political science course today, and I challenge you to find anything at all in depth about tribal government," Glover said. "Yet these are organized governments within the state of South Dakota. They are a part of what we are." Glover said the handbook, published by Chiesman Foundation for Democracy, might become even more valuable as state and tribal governments try to work together on issues and projects. "In the past, Indians have been reluctant to participate in state government for fear it would be at the expense of tribal government," he said. "But, in fact, they have every right to participate in state government. They are citizens of the state, the United States and the tribe." Glover said people might be struck by the similarity between tribal and state governments. But there are also many differences, he said, such as the lack of formal separation of branches of government in some tribes and the lack of a history or tradition of separation of church and government. "One thing that is fairly striking to the outsider is when a tribal council can overturn a decision of tribal court," he said. "Well, they aren't required to have separate branches. You can blame the Indian Reorganization Act for that. They could have built that in, but they didn't." Glover said his first effort is meant to be a baseline book, so he anticipates there will be some errors and welcomes any corrections or comments. He hopes his red-cover text will become known as "The Red Book," just as the "South Dakota Legislative Manual" is commonly called "The Blue Book." "This has the potential to develop, over time, into that kind of a resource for tribal governments," Glover said. Information from: Argus Leader, http://www.argusleader.com Copyright c. 2005 Aberdeen American Journal. --------- "RE: Opinion: Address Tribe's concerns about Drilling" --------- Date: Fri, 8 Jul 2005 09:08:04 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="COALBED METHANE" http://www.indianz.com/News/ http://www.billingsgazette.com//opinion/30-gaz-op.inc Gazette opinion: Negotiation may resolve CBM impasse July 8, 2005 The stakes in the coalbed methane development litigation have come into sharper focus this summer with a series of court rulings. Several lawsuits have challenged the development of natural gas wells in the coal seams of Montana's Powder River Basin. Federal courts have decided that the Bureau of Land Management didn't comply with federal law in preparing the environmental impact statement needed before full-field development can commence and that some wells now in production under that EIS must be shut down. The Bush administration's push to open federal lands to oil and gas development seems to have collided with the provisions of the National Environmental Protection Act. What's at stake is millions of dollars invested by energy companies and millions of dollars in royalties and revenues for county, state and federal governments. On the other side of the battle, ranchers, irrigating farmers and other area residents contend that proposed development threatens the quality and quantity of underground and surface water sources they depend on for their homes and livelihoods. The Billings-based Northern Plains Resource Council alleges that CBM development threatens "irreparable harm to the aquifers, springs, wells, rivers, air quality and farms and ranches of the area." "An entire industry is to be shut down during its annual drilling season," an attorney for Pinnacle Gas Corp. wrote in a filing last month in U.S. District Court in Billings. "Montana residents will lose jobs, the state and counties will lose royalty and tax income." Parties to the lawsuits need to talk again about resolving some of their differences. Concerns of the Northern Cheyenne Tribe must be heard and addressed properly. Tribal members and area agricultural producers deserve assurance that their water won't be damaged by the new business of CBM development. Gas developers deserve to know that if they follow the rules, their investment won't be lost because court orders and agency decisions are at odds. If Northern Plains Resource Council truly supports responsible development, they shouldn't rejoice at shutting down producing wells. A loss on investment by these early developers risks discouraging future CBM development. If the developers who have filed as intervenors in these lawsuits truly support responsible development, they shouldn't reject ideas for desalination and reinjection of CBM water - especially with the price of natural gas so high. Farmers and ranchers shouldn't bear the costs of CBM development. Nor should gas companies bear the costs of a flawed BLM process. But here we are in July 2005 with the district and appeals courts ruling that the EIS wasn't done right and that drilling has to stop until the agency complies with the law. Maybe we're asking for a miracle here, but it seems like there's too much at stake to let this ride until it reaches the end of litigation next year or thereafter. The litigants should seize this opportunity to settle some of their disputes. Copyright c. The Billings Gazette, a division of Lee Enterprises. --------- "RE: HARJO: O'Connor's footprints on Sacred Lands" --------- Date: Sat, 9 Jul 2005 21:35:42 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HARJO: O'CONNOR'S LEGACY" http://www.indiancountry.com/content.cfm?id=1096411199 Harjo: O'Connor's footprints on Native sacred lands by: Suzan Shown Harjo / Indian Country Today July 7, 2005 As politicians stake out ground for the fight over Justice Sandra Day O'Connor's replacement on the Supreme Court, the right is condemning her and the left is praising her for being a moderate, by which they mean a swing vote. In Indian cases too, she often has been the deciding vote, especially in decisions against the Native interest, but her overall record reflects an indecisive judicial philosophy regarding federal Indian law. Her main area of consistency is that land-grabs of the past are not to be revisited and that actions cannot benefit Native people if they deprive non-Native people or states of anything. She has been an important voice for the canon of construction that treaties and laws are to be interpreted in the way that Indians understand them. At the same time, she has approached Native religious freedom issues as if there were no history of violations of Native religious liberties and as if Native sacred places always belonged to the federal government. O'Connor trampled on everyone's religious rights in a 1990 decision by proclaiming Oregon's compelling (read: superior) interest in prohibiting the ceremonial use of peyote by two state employees. Congress had to step in and enact broad, clarifying legislation about state burdens on religion, as well as an amendment to the American Indian Religious Freedom Act for peyote use by members of the Native American Church. In an earlier case in 1988, she opined that neither the First Amendment nor AIRFA provides a door to the courts for protection of Native sacred places, mainly because the Native view of the sacred is too expansive. That decision has done deep and lasting damage to sacred places and Native people who care for them. In the 17 years since that decision, Congress has talked about, but not enacted, the needed statute providing a cause of action for protection of these historic and cultural sites. This case involved a federal logging road that the Forest Service routed through a Native sacred place in northern California. O'Connor authored the April 19, 1988 majority opinion for Chief Justice William H. Rehnquist and justices Byron R. White, John Paul Stevens and Antonin Scalia. "It is undisputed that the Indian respondents' beliefs are sincere and that the Government's proposed actions will have severe adverse effects on the practice of their religion," read the court's opinion. "Those respondents contend that the burden on their religious practices is heavy enough to violate the Free Exercise Clause unless the Government can demonstrate a compelling need to complete the [logging] road or to engage in timber harvesting in the Chimney Rock area. We disagree." The five-judge majority overturned decisions by district court and appellate judges, who ruled for the traditional Indian people, and made it clear that the Supreme Court knew that harm would result from the opinion. "The Government does not dispute, and we have no reason to doubt, that the logging and road-building projects at issue in this case could have devastating effects on traditional Indian religious practices ... we can assume that the threat to the efficacy of at least some religious practices is extremely grave." O'Connor's there-goes-the-neighborhood concern is best appreciated in her own words: "No disrespect for these practices is implied when one notes that such beliefs could easily require de facto beneficial ownership of some rather spacious tracts of public property ... "The Constitution does not permit the Government to discriminate against religions that treat particular physical sites as sacred, and a law prohibiting the Indian respondents from visiting the Chimney Rock area would raise a different set of constitutional questions. Whatever rights the Indians may have to the use of the area, however, those rights do not divest the Government of its right to use what is, after all, its land." Nowhere in the decision is there a hint of admission that most of the public lands were stolen or coerced from Indian nations and that federal rules prohibited Indian people from going to sacred places on those lands for more than 50 years. "Nothing in our opinion should be read to encourage governmental insensitivity to the religious needs of any citizen ... The Government's rights to the use of its own land, for example, need not and should not discourage it from accommodating religious practices like those engaged in by the Indian respondents." A dissenting opinion was filed by justices William J. Brennan, Thurgood Marshall and Harry A. Blackmun. Brennan wrote for the three-judge minority: "The land-use decision challeng