_ __ _____ __ _ __ ___ ____ _ __ ___ ' ) / / ') / / ) ' ) ) / ) / ' ) ) / ) / / / / / / /--/ / / / ___ / / / / ___ (_(_/ (__/ ( / (_ / (_ (___/ '__/_ / (_ (___/ ' ____ _ , ___ _ , ___ / ' ) / / ) ' ) / / ' VOLUME 13, ISSUE 047 / /-< / /--/ /-- __/_ / ) (___/ / ( (___, 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 November 19, 2005 Kiowa Tepgan P'a/Geese going Moon Pomo Kasi-sa/Moon when Cold begins Eastern Cherokee Nvda ganohalidoha/Hunting Moon Potawatomi Pne'kesis/Moon of the Turkey and Feast +-------------------------------------------------------+ | 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 Mailing List; UUCP Mail 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: + -- -- -- -- -- -- -- -- -- -- -- + ======================== "I have heard talk and talk, but nothing is done. Good words do not last long unless they amount to something. Words do not pay for my dead people. They do not pay for my country, now overrun by white men. Good words will not give my people good health and stop them from dying. Good words will not get my people a home where they can live in peace and take care of themselves. I am Tired of talk that comes to nothing. It makes my heart sick when I remember all the good words and broken promises." __Chief Joseph, Nimiputimt (Nez Perce) (Hin-mah-too-yah-lat-kekt, Thunder Rolling Down the Mountain) +- -- -- -- -- -- -- -- -- -- -- -+ | 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 Sister! The Bush Administration continues to hide its head in the sand as is evidenced in the lead story from the closing hours of the NCAI convention in Tulsa. In each and every case some member of the Bush team attempted to paint one picture and in each case was backed into a corner with truth and reality. More-and-more the efforts of the Bush Administration have all the ear marks of the "Big Lie." From Wikipedia, the free encyclopedia: The phrase Big Lie refers to a propaganda technique which originated with Adolf Hitler's 1925 autobiography Mein Kampf. In that book Hitler wrote that people came to believe that Germany lost World War I in the field due to a propaganda technique used by Jews who were influential in the German press. This technique, he believed, consisted of telling a lie so "colossal" that no one would believe anyone "could have the impudence to distort the truth so infamously". The first documented use of the phrase "big lie" is in the corresponding passage: "in the big lie there is always a certain force of credibility". Later, Joseph Goebbels put forth a slightly different theory which has come to be more commonly associated with the phrase big lie. In this theory, the English are attributed with using a propaganda technique where in they had the mendacity to "lie big" and "stick to it". The Department of Interior has tried to wiggle out of the Indian Trust case with half-truths and worse. Having failed to dissuade Federal Judge Royce Lamberth with these repeated misrepresentations (read "Big Lie") the DoI then tried to have Lamberth removed from the case with yet more invented and distorted facts (again "Big Lie"). U.S. Department of Education Secretary Margaret Spellings has had the audacity to trumpet the Bush administration's "No Child Left Behind" policy as a great breakthrough in education. American Indians say Indian children continue to be left behind. Tribal leaders and educators have tried for years to point out the failings of a system that ignores our histories and our cultures; but they are faced with unhearing ears and unseeing eyes that only want to paint pictures of triumph in education. The difference in reading comprehension, retention in school and other skill indicators in tribal schools where our languages and our truths are taught prove the falsity of the "No Child Left Behind" "Big Lie". Ask the White Mountain Apache how diligently the U.S. Forest Service consults with tribes. Ask the Western Shoshone how well the Bureau of Land Management honors Tribal Land Treaties. I tell you I only see a blind government intent on ripping whatever raw materials it can from the Indian Nations, and telling yet one more "Big Lie" just isn't that much of a problem. It's a practiced skill. ********************** PLEASE READ THIS! ********************** Every year this newsletter has listed groups and agencies that are really assisting our nations make it through the hard winter and helping them celebrate the holidays. Besides the cold that is already pusing down on the Canadian Reserves and northern U.S. Reservations we still have relatives in the southeast and northeast trying to get their lives back together after hurricanes Katrina, Rita and Wilma dealt their devastating blows. High fuel costs are making it very difficult for everyone, which means those who can and will help may well need more time to gather funds and resources. Please - I am begging - please get contact names, addresses, phone numbers and other information (especially target help group) to me as soon as possible. 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 ----------- - Bush Administration - YELLOW BIRD: challenged by NCAI Troll and Trickster build a Bridge - Cobell challenges Interior: - GIAGO: Exposing Tell the Truth the Fake Medicine Men and Women - Lawyers urge Court - Unity achieved, to lift Stay on DoI Computers say Numbered Treaty Groups - NCAI urges renewal - Ol' Pataki wants a casino! of Voting Rights Act Ee-ya! Ee-ya-yo! - Judge rules - Citizenship questioned Shinnecock Nation an Indian Tribe by American Indian Tribes - Shinnecock Tribal Pride - Plan B: Remove and disperse - Third Court decision Indigenous People favors Land-into-Trust - Campbell: Aboriginal gap - Session covers Oneida Land Claims must be addressed - Houma Ancestral Land in Harm's Way - Actor accuses Police - Shirley impedes Mining Talks of Racial profiling - Would Fresh Water - State can't prosecute NA work for Snowbowl? for Drug Charges - Western Shoshone lose bid - Indians will meet to halt Yucca Mountain with Duluth Chief, Mayor - Abenaki denied Federal Recognition - Victims of shooting identified - Blackfeet want Respect, - John Graham's bail extended Apology and $75,000 - Native Prisoner - Utah Court blocks -- Wrongful Death Lawsuit State jurisdiction on hunting -- Dellums Report: - Column: Minority Children, Adult Justice How Yavapai Nation defeated Dam - Verse: Hawaiian Book of Days - A Test of Tribes' Legal Immunity - Rustywire: Chiliman - Tribes Honor their Veterans - Del "Abe" Jones Poem: - The Links between A Marine Birthday Desert Plants, People - Kiowa language scholar named - IBM aims to USAO Hall of Fame Technology Initiative at NAs - Book Review: The Wisdom Walkers - Shadow Wolves combat flow of Drugs - Upcoming Events --------- "RE: Bush Administration challenged by NCAI" --------- Date: Mon, 7 Nov 2005 08:56:29 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="WHAT THEY SAY vs WHAT THEY DO" http://www.pechanga.net/ http://www.indiancountry.com/content.cfm?feature=yes&id=1096411861 Bush administration challenged by NCAI Funding, consultation and relief efforts called into question by: Brenda Norrell / Indian Country Today November 4, 2005 TULSA, Okla. - U.S. government officials attempted to assure American Indian leaders that Indian sovereignty and the government-to-government relationship is being honored by the Bush administration and Congress. However, Indian leaders questioned if the government pleasantries they heard from speakers at the 62nd annual convention of the National Congress of American Indians are a reality. U.S. Department of Education Secretary Margaret Spellings enthusiastically championed the Bush administration's "No Child Left Behind," a system often criticized by American Indians who say Indian children have always been left behind. Praising Bush, Spellings said education funding has been increased and that NCLB is a viable tool for measuring achievement and closing the achievement gap. Spellings said if funding is accepted by schools, then educators have the responsibility to raise performance scores. Further, she said all BIA schools have plans in place for NCLB. Currently, scores for American Indian and Alaska Native students have increased in math at every level, and there is progress in the area of reading. However, she said only about 12 percent of American Indians have college degrees. "That is certainly not acceptable," she said, adding that more doctors, educators and professionals are needed at all levels. Spelling also asked Indian leaders to help urge Congress to allocate school funds for children displaced by recent hurricanes, stating that 373,000 people were displaced, including American Indians. In closing, Spellings said she can look out and see the National Museum of the American Indian in Washington from her office and is reminded of the relationship between the United States and sovereign Indian nations. During questions, Spellings was challenged by American Indian leaders over the lack of adequate funding and the longstanding abuse and beatings inflicted on Indian children in BIA boarding schools. Indian language programs, they said, should be reinstated in BIA boarding schools in recognition of the BIA's role in stripping American Indians of their native tongues. Referring to "NCLB," Ed Thomas from Alaska said it is obvious that schools need a tool for measuring achievement and that this is a given, but the problem is the disparity in funding. Other tribal leaders challenged Spellings to meet with tribes in person on education issues and pointed out that only 1 percent of teachers are American Indians. During a noon press conference, Tex Hall, president of NCAI, said NCLB needs revising to make it more flexible. Hall said some longtime teachers in specialty areas were unable to gain certification in rural areas. During the first day of the week-long convention, Dale Bozworth, chief of the U.S. Forest Service, which is within the Department of Agriculture, said his department honors the government-to-government relationship between Indian tribes and the Forest Service. "The Forest Service respects the fact that the United States has a government-to-government relationship with Indian tribes," Bozworth told the convention. However, during questions, leaders from White Mountain Apache and Hualapai in Arizona and Fort Hall Shoshone in Idaho questioned whether the Forest Service is genuinely involved in consultation. They also pressed for ancestral hunting and fishing rights. Apache and Hualapai leaders urged Bozworth to examine closely the Forest Service's approval of recycled wastewater for snowmaking on San Francisco Peaks, sacred to 13 Indian tribes. The plan by the Coconino Forest Service is now the subject of a lawsuit by Indian tribes and medicine people in federal district court in Prescott, Ariz. White Mountain Apache Chairman Dallas Massey urged Bozworth to think carefully about his words of commitment to the government-to-government relationship and the impact of recycled wastewater on San Francisco Peaks. "We consider this mountain holy and sacred," Massey said of the mountain where Indian tribes carry out ceremonies and gather medicine plants. Hualapai Chairman Charlie Vaughn said there has been a lack of consultation between the Forest Service and Indian tribes - and this is at the center of the problem. Bozworth responded that true consultation should result in agreements 95 percent of the time. "It will never happen if we don't consult," he said, but did not directly address the issue of failed consultation that is now before the federal court. Meanwhile, Pat Arnould, director of the Louisiana governor's Office of Indian Affairs, said it was the Indian news media, and not the Federal Emergency Management Agency, who came to the rescue of the Louisiana Gulf Coast tribes hit by hurricanes Katrina and Rita. Arnould described the ordeal of attempting to get aid from a non- responsive FEMA and how volunteers from across Indian country, including doctors, came to the aid of Louisiana tribes after learning of the hurricane disasters by way of the Indian news media. Ron Allen, NCAI treasurer, encouraged Indian tribes to donate to the planned Embassy of Tribal Nations in Washington, which would become a symbol and center for the protection of American Indian rights and advocacy. "We need that embassy presence in Washington, D.C.," Allen told the convention, stressing its importance in protecting sovereignty and preventing attacks on the rights of Indian nations. The embassy would be a home for NCAI and other American Indian organizations. Allen said it would be created and built for the children and future generations of American Indians. Copyright c. 1998-2005 Indian Country Today. All Rights Reserved. --------- "RE: Cobell challenges Interior: Tell the Truth" --------- Date: Friday, November 11, 2005 11:28 am From: Bill McAllister Subj: COBELL ISSUES CHALLENGE TO INTERIOR DEPARTMENT: TELL THE TRUTH FOR IMMEDIATE RELEASE: COBELL ISSUES CHALLENGE TO INTERIOR DEPARTMENT: TELL THE TRUTH WASHINGTON, Nov. 11 - Elousie Cobell, the lead plaintiff in the long- running lawsuit over the mismanagement of the government-run Indian Trust, has issued a challenge to Interior Secretary Gale Norton: tell the truth. The challenge comes as the Indian plaintiffs rebut a recent brochure issued by Norton which purports to assure the public that her department has made major progress in cleaning up its decades of mistakes handling the trust accounts of an estimated 500,000 Native Americans. In the rebuttal brochure, Ms Cobell tells Norton that, if she truly believes her brochure is accurate the government should submit it to the courts for review. "I am so convinced that our analysis is correct that I challenge Interior to submit their report to the courts where it can be reviewed and studied independently, with witnesses under oath and facing the risk of perjury," Ms. Cobell said. "If Secretary Norton believes her report tells the truth about the Indian Trust, she will quickly offer her report to the courts." "But having watched the evidence of Trust mismanagement continue to mount during nearly 10 years of litigation, I have no doubt that Interior still cannot bring itself to admit the truth about what former Interior Secretary Bruce Babbitt acknowledged was 'the long and sorry history of the department's mismanagement of the Indian Trust funds,'" Ms. Cobell said. The rebuttal brochure produced by the Indian plaintiffs in the Cobell versus Norton class action lawsuit charges that the department's brochure "is deceptively inaccurate from beginning to end." "It assures us that management of Individual Indian Money (IIM) accounts has been satisfactory, availability of financial records is good and the losses suffered by hundreds of thousands of Indians, to whom Interior owes fiduciary responsibility, are insignificant," the report says. "All three assertions are patently false. The rebuttal brochure points out that hundreds of reports from Congress, the General Accounting Office, Inspectors General and the federal courts have concluded "that the handling of these accounts has ranged from incompetent to fraudulent." "Not one study in these hundreds has concluded that there is not a large and serious problem," the rebuttal brochure notes. It also notes that Interior officials have repeatedly acknowledged these problems and that its own consultant concluded in 2002 that the government faced a liability to Native American trust beneficiaries of between $10 billion to $40 billion because of mismanagement. The rebuttal is illustrated with color photos of barns where copies of Indian trust records were discovered rotting and fouled by rodent wastes. It details how the Interior Department is attempting to mislead the public and members of Congress about the true status of the mismanaged trust. Copies of the plaintiffs' rebuttal report - "The Facts v. the Brochure" - are available at www.indiantrust.com. Copies of the government's report - "Historical Accounting for Individual Indian Monies: A Progress Report - are available at www.doi.gov/iimacounting.pdf Ms. Cobell urges the public to read both reports and decide who is telling the truth about the Indian Trust. "Sadly, as we celebrate November as Native American Month, Native people must once again ask the federal government to tell the truth," she said. "The report that Secretary Norton has issued dramatically illustrates that the government remains unwilling to admit how badly it still treats Native people." Bill McAllister --------- "RE: Lawyers urge Court to lift Stay on DoI Computers" --------- Date: Wednesday, November 09, 2005 06:53 pm From: Bill McAllister Subj: LAWYERS URGE APPEALS COURT TO LIFT STAY; ALLOW COMPUTER SANCTIONS ON TROUBLE INTERIOR COMPUTER SYSTEMS FOR IMMEDIATE RELEASE: LAWYERS URGE APPEALS COURT TO LIFT STAY; ALLOW COMPUTER SANCTIONS ON TROUBLE INTERIOR COMPUTER SYSTEMS WASHINGTON, Nov. 9 - Lawyers for a group of Indians seeking to reform the government's long-troubled Indian Trust have asked a federal appeals court to dissolve a stay that is allowing the Interior Department's faulty computers to remain online. In an petition filed with the U.S. Court of Appeals for the District of Columbia, the lawyers cited overwhelming evidence that computers housing critical Indian Trust data "are grossly insecure" and vulnerable to "catastrophic risks." On Oct. 21, the appeals court stayed an injunction issued a day earlier by U.S. District Judge Royce Lamberth. After a 59-day hearing into the security of the department's computer systems, Judge Lamberth found that the computers were vulnerable to computer hackers and ordered them disconnected from the Internet to protect Indian Trust data on the computers. In a filing with the appeals court, lawyers for the Indian plaintiffs in the long-running Cobell vs. Norton lawsuit, say that the government's assurances that the data is secure cannot be trusted. They cited a recent report by the Interior Department's own inspector general who said that his testers have been able to penetrate the computers. Those testers have been able to "roam around in the internal networks of some of the most sensitive of DOI system, and most recently, actually manipulate data," the IG said in a Sept. 6 memorandum cited by the lawyers. "This proves that Secretary Norton has neither the character nor fitness to continue to serve as a trustee for individual Indian trust beneficiaries," commented Elouise Cobell of Browning, Mt., lead plaintiff in the landmark class-action case against the U.S. government. "Has she no shame?" asked Ms. Cobell. "The truth is that Interior's IT [information technology] security is so poor that Trustee-Delegates cannot detect or monitor unauthorized intrusions," the lawyers said in their filing. "Indeed, Trustee- Delegates' wholesale failure to implement the most basic protections, such as intrusion detection systems, audit logs and monitoring, ensures that whatever harm comes to individual Indian trust beneficiaries will not be detected and be cured, leaving 'no indication' or audit trails. This failure exposes IITD [individual Indian Trust data] to catastrophic risk." The full text of the motion is available at www.indiantrust.com. Bill McAllister --------- "RE: NCAI urges renewal of Voting Rights Act" --------- Date: Mon, 14 Nov 2005 08:36:14 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="VOTING RIGHTS" http://nativetimes.com/index.asp?action=displayarticle&article_id=7236 NCAI urges renewal of Voting Rights Act Says law instrumental in getting Native votes to the polls WASHINGTON DC Native American Times November 11, 2005 An official with the National Congress of American Indians has testified before Congress on the importance of reauthorizing the Voting Rights Act. NCAI Executive Director Jacqueline Johnson told the House Judiciary Committee's Subcommittee on the Constitution that Section 203 of the act is of paramount importance to Native Americans because it provides safeguards for people who only speak Indian languages. "While significant progress has been made in enfranchising Native Americans, the need for Section 203, which recognizes the indigenous languages of the country's first people, has not diminished in the years since Congress added that section to the Voting Rights Act," said Johnson, a member of the Tlingit Tribe. "Historically disenfranchised, Native Americans continue to need and to use language assistance in the electoral process today. This assistance enables those who understand their own language better than they understand English to effectively participate in the democratic process." The NCAI says the figures from the Census Bureau reveal 88 jurisdictions in 17 states are covered jurisdictions that need to provide language assistance to American Indians and Alaska Natives. "The language provisions of section 203 continue to be critical for Native communities," Johnson testified. She said that voter participation rates among American Indians and Alaskan Native has traditionally been among the lowest in the nation, but that those numbers are starting to rise thanks to the voting act. Native American Times. Copyright c. 2005 All Rights Reserved. --------- "RE: Judge rules Shinnecock Nation an Indian Tribe" --------- Date: Tue, 8 Nov 2005 08:39:58 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SHINNECOCK RULED A TRIBE" http://www.indianz.com/News/2005/011177.asp Shinnecock Nation an Indian tribe, federal judge rules November 8, 2005 The Shinnecock Nation of New York is a legitimate Indian tribe, a federal judge said in a landmark decision on Monday. In a 24-page opinion, U.S. District Judge Thomas Platt said he is entitled to recognize the Shinnecock Nation under U.S. Supreme Court precedent. He said the tribe met the standards laid out by Montoya v. US, a federal recognition case from 1901. "A great deal of evidence corroborates this court's conclusion that the Shinnecock Indians are in fact an Indian tribe," Platt wrote. Citing the Montoya decision, he said the Shinnecocks are a distinct Indian community with a government that occupies a territory, The tribe, he noted, has been recognized by the state as an Indian community on a continuous basis since the 1600s. The tribe lives on a state-established reservation, one of the oldest in the United States. "That leaves this court with a firm conviction that the [Shinnecock defendants] are correct in their position that they were an Indian Tribe not only when the first white settlers arrived in the eastern end of Long Island in 1640, but were such in 1792 when New York State enacted a law confirming that fact and that they remain an Indian tribe today," Platt said. The decision questioned state and local officials in New York for seeking to deny the tribe's existence despite the long tribal-state relationship. "The arguments advanced by the State Attorney General and, also, by the [Southampton] Town Attorney, were and are, at best, blatantly inconsistent (to say the least)," he observed. Shinnecock leaders hailed the decision as a major victory. "Today, the federal court issued a historic ruling acknowledging the Shinnecock Indian Nation as an Indian Tribe describing the facts of the case as, 'for the most part, undisputed' and ruling that 'the Shinnecocks clearly meet the criteria for tribal status," the tribe's board of trustees said. The only issue that remains is whether the tribe can proceed with development on its land - state and town officials are hoping to block a proposed casino. Platt, citing the recent decision in Sherrill v. Oneida Nation, said he would call a trial but the tribe hoped for resolution outside the litigation process. The board said "it's time for the state of New York and the town of Southampton to stop fighting the nation and work with us to reach a comprehensive, and just solution to our claims. It is time for justice." The ruling marks the second time in recent years that a court has recognized a tribe through principles of common law. In 2003, the Montana Supreme Court said the Little Shell Chippewa Tribe met the Montoya standards as a sovereign entity. The courts have historically shied from making such decisions, leaving it to the Bureau of Indian Affairs to determine the validity of tribal groups. But the BIA process is time-consuming and costly - the Shinnecocks have been waiting more than 25 years for a decision. Unrecognized tribes can also seek federal acknowledgment through an act of Congress, although lawmakers are increasingly reluctant to go that route in deference to the BIA process. The Shinnecock Nation filed its petition for federal recognition in 1978 and is on the BIA's "ready" list for consideration. But due to a large backload, it could be another six to seven years before the tribe gets an answer. "That in my mind is beyond any bureaucratic mess-up," Rep. Richard Pombo (R-California), the chairman of the House Resources Committee, said at a hearing last year in which Shinnecock trustee Lance Gumbs testified. "BIA seems to now stand for Bureaucratic Indecision Always," said Rep. J. D. Hayworth (R-Arizona), the Republican co-chair of the Congressional Native American Caucus. Pombo has introduced bill to speed up resolution of cases like the Shinnecocs, who sought recognition before the passage of the Indian Gaming Regulatory Act of 1988. The BIA and the Department of Justice, however, oppose attempts to move tribes ahead of others on the waiting list. The federal government was a party to the Shinnecock lawsuit but withdrew with the consent of the state parties and the tribe. Platt's decision doesn't force the U.S. to include the tribe on the list of federally recognized entities. Copyright c. 2000-2005 Indianz.Com. --------- "RE: Shinnecock Tribal Pride" --------- Date: Mon, 14 Nov 2005 08:36:14 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SHINNECOCK IN SHADOW OF RECOGNITION DENIAL" http://www.owlstar.com/dailyheadlines.htm http://www.newsday.com/nov13,0,6531839.story?coll=ny-linews-headlines Tribal pride Ruling didn't change the way Shinnecocks embraced their sense of self, their. . BY KATIE THOMAS STAFF WRITER November 13, 2005 As a girl growing up on the Shinnecock Indian reservation, Mabel Cuffee learned to savor Sundays. That was the day her father, Charles Kellis Smith, would take his children on walks through the Southampton woods. Along the way, he pointed out fox holes and poisonous plants. He showed them how to look for indentations in the sides of trees where rainwater collects - a good place to wait for a deer. Cuffee, now 48, grew up eating succotash, clam pie and fried bread, recipes that traveled from mother to daughter for generations. Now, she and her husband, Eugene Cuffee, 55, do the same for their three girls and three boys, who range in age from 26 to 7. The Cuffees don't need anyone to tell them who they are. They're Shinnecock Indians, just as their parents and their grandparents were before them. On Monday, a federal judge declared the Shinnecocks a bona fide Indian tribe. Until then, the tribe - which counts about 500 members on its 800- acre reservation - had been recognized by New York State but never by the federal government. Although the ruling may give the tribe a boost toward achieving its goals - such as building a casino or winning a pending land-claim lawsuit - the reaction within the tribe has been complex, the Cuffees say. Among themselves since the judge's ruling, tribal members often acknowledge the news with a joke. A friend walked up to Eugene Cuffee the other day and shook his hand. "Congratulations," the friend said. "You're a Shinnecock." "All these years, I thought I was a Mexican!" Eugene Cuffee quipped back. In her interactions with outsiders, however, even a "Congratulations" makes Mabel Cuffee bristle. All week, customers in the tobacco shop on the reservation where she works have been offering their good wishes. But "I'm taking that as, 'Congratulations, you're recognized, you're real.' Because of that?" she said, referring to the judge's decision. "This is who we are and this is who we've always been." Family is a good place to start when it comes to discussions about Shinnecock identity. Children learn about tribal history and customs through their elders. And family - one's genealogy - is also part of what counts if a tribe wants to gain federal recognition, a status that makes it eligible for federal funding, services and special privileges, such as operating a casino. One of the principal tests for federal recognition is whether modern-day members can trace their roots back to early tribal membership lists. The Cuffees, then, are a good place to start when it comes to discussions about Shinnecock genealogy. Many of today's Shinnecocks can trace their roots back to Paul Cuffee, a Presbyterian minister who preached to Long Island's Indian communities in the 18th century. Eugene and Mabel Cuffee are both direct descendants of the Shinnecock minister. Eugene Cuffee, who works for the Southampton Town highway department, keeps reprints of some of his ancestors' photos in two black binders, which sit on his coffee table. Some of them date to the 1860s and were printed on tin. He has memorized all of his relatives' vital statistics - when they were born, when they died, who they married. On the reservation, it's hard to say where one family begins and another ends. The names Cuffee, Eleazer, Kellis and Bunn are embroidered into nearly every family tree, appearing as surnames or middle names or maiden names across the reservation. "We're all family and we take care of one another," Eugene Cuffee said. Families also stick together. That's why Eugene Cuffee says he backs the tribe in its quest to open a casino, even though he's personally opposed to the idea. "I'm going along that way because that's what the tribe wants," he said. To Mabel Cuffee, the judge's decision also serves as a rare counterpoint to the discrimination that her family still encounters. For example, when her now 24-year-old son, Andrew, was in the second grade, some boys chased him into the bathroom. Andrew wore his hair long. "Indian boy, Indian boy," they taunted. "Dance for us." Humiliated, Andrew obeyed. When he got home, he told his mother the story. The next day, she made him dress in a traditional Shinnecock outfit - including a headpiece made of deer hair, leather and hawk feathers - and dug out a tape of tribal songs. Then she marched him into school. Since the age of 3, Andrew had been dancing in ceremonies and at pow-wows on other reservations around the country. In front of his second-grade classmates, Mabel Cuffee said, "I put on the tapes, and he danced." The kids loved it, including his former tormentors. It's that kind of pride that give the judge's words real meaning to Mabel Cuffee. After suffering through centuries of oppression and discrimination, she said, the tribe is standing up and saying, "Hey, wait a minute. We're not doing this anymore." Copyright C. 2005 Newsday Inc. --------- "RE: Third Court decision favors Land-into-Trust" --------- Date: Fri, 11 Nov 2005 08:37:39 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="LAND-INTO-TRUST AFFIRMED - AGAIN, STILL, YET" http://www.indianz.com/News/2005/011245.asp Third court decision favors land-into-trust process November 11, 2005 For the third time this year, a federal court has upheld the legality of the land-into-trust process. On Thursday, the 10th Circuit Court of Appeals rejected a challenge from the state of Utah. Officials argued that the Indian Reorganization Act of 1934, the law that authorized the land-into-trust process, was a violation of the U.S. Constitution. The judges of the court disagreed. In the unanimous decision, they said the state failed to make its case that the IRA is an unconstitutional delegation of power to the Interior Department. "We have previously acknowledged the statute itself places limits on the Secretary's discretion," Judge Mary Beck Briscoe wrote for the majority, citing a 10th Circuit case from 1999. The IRA's "legislative history identifies goals of 'rehabilitating the Indian's economic life' and 'developing the initiative destroyed by . . . oppression and paternalism' of the prior allotment policy," Briscoe added. With the ruling, the 10th Circuit joins the 8th Circuit and the 1st Circuit this year in rejecting constitutional challenges to the land-into- trust process. Although the U.S. Supreme Court hasn't ruled directly on this issue, Bureau of Indian Affairs hope their legal battles are over. At a recent conference in Las Vegas, George Skibine, the BIA official in charge of gaming, said "we hope these sort of challenges will be put to rest" now that numerous circuit courts have ruled in the government's favor. Despite the victories, tribal leaders say land-into-trust decisions face lengthy delays at the BIA due to controversy over Indian gaming. "There seems to be a fear within [Skibine's] office that there may be a floodgate coming down," said Deron Marquez, the chairman of the San Manuel Band of Mission Indians in California, at the Las Vegas conference. Bush administration officials have denied any attempts to purposely delay or derail the process. "There is no moratorium on land-into-trust," Jim Cason, the associate deputy secretary at Interior, flatly said at the National Congress of American Indians conference last week. Cason said the BIA divides land-into-trust applications into five "buckets" depending on the location of the land and its proposed use. The first four buckets, he said, are for non-gaming acquisitions: tribal on- reservation, tribal off-reservation, individual on-resevation and individual off-reservation. The fifth bucket, he said, is for all gaming-related applications. These decisions are made by the central office in Washington, D.C. According to Skibine, the Bush administration has made 15 land-into- trust for gaming decisions since 2001. An additional nine decisions are pending at the BIA, he said in Las Vegas. The application at issue in yesterday's ruling was from 1995 and did not involve gaming. The BIA agreed to acquire two parcels of off-reservation land totaling about 25 acres for the Shivwits Band of Paiute Indians of Utah. The two parcels are located along a major interstate. The tribe developed the land by placing billboards on the parcels. State and local officials tried to halt development, saying the billboards violated state and federal law but this argument was rejected by the 10th Circuit. One of the judges on the panel, however, wrote separately to say that the federal Highway Beautification Act, which mentions billboards placed by interstates, applies to Indian Country and that the BIA has to enforce it. The other judges didn't address whether the law applies to Indian lands because they said the state failed to raise the issue of BIA enforcement on appeal. Copyright c. 2000-2005 Indianz.Com. --------- "RE: Session covers Oneida Land Claims" --------- Date: Mon, 14 Nov 2005 08:36:14 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ONEIDA LAND CLAIMS" http://www.owlstar.com/dailyheadlines.htm http://www.greenbaypressgazette.com/GPG0101/511130546/1207/GPGnews Session covers Oneida land claims November 13, 2005 The University of Wisconsin-Green Bay and St. Norbert College in collaboration with the Oneida Tribe of Indians will host a free public symposium on land claims, natural resources and the rights of indigenous people Monday and Tuesday. The two-day event will feature tribal leaders and scholars who will address legal claims to restitution, the link between preserving culture and nature, as well as managed land use and community development projects. The Monday session will be at 12:45 p.m. in the Oneida Business Conference Room at the Norbert Hill Center, N7210 Seminary Road. On Tuesday, it will be at 12:45 p.m. in the University Union at UW-Green Bay, 2420 Nicolet Drive. Copyright c. 2005 Green Bay Press-Gazette. --------- "RE: Houma Ancestral Land in Harm's Way" --------- Date: Sun, 13 Nov 2005 07:09:06 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="" http://www.pechanga.net/ http://www.latimes.com/nov12,1,199257.story?ctrack=1&cset=true Ancestral Land in Harm's Way # Years of storm erosion and recent hurricane damage threaten to distance thousands of Indians in Louisiana from their roots. By Ann M. Simmons, Times Staff Writer November 12, 2005 DULAC, La. - For all of her 89 years, Marie Dean has lived in the bayous of coastal southeastern Louisiana. And for as long as anyone her age can recall, this was the home of the United Houma Nation, one of several Indian tribes that have inhabited this land for generations. But over the past years, flooding from hurricanes has eroded the land of Dean's family, forcing them and hundreds of other Indians to keep moving to higher ground - gradually inching away from ancestral lands. Dean's home of 50 years had been flooded twice in the past, and this year hurricanes Katrina and Rita delivered fresh blows. But the white-haired Dean refuses to be pushed out. "It's very important," Dean said of the land that was home to her people long before European colonists arrived. She speaks only colonial French, so a neighbor interpreted. "We had more land, but it's all washed away." Together with the Houma, thousands of members of at least five Indian tribes in southern Louisiana were affected by the hurricanes. They include various bands of the Biloxi-Chitimacha, as well as Muskogees. "There's been a total devastation of homes, communities, jobs and lifestyle," said Brenda Dardar Robichaux, principal chief of the United Houma Nation. Many people were displaced and found shelter with relatives and friends in the region. Others had no choice but to move back to water-damaged homes. Tribal leaders said it was important that their members remained near ancestral land, and worried that many might eventually be forced to move away. Hurricanes, they said, threatened to erode not only their land, but age-old community ties as well. "We feel like we've got to get our people home to rebuild, because if we don't, we lose a part of our history; we lose a part of our culture; we lose a part of who we are as Houma people," said Robichaux. She estimated that at least half of the tribe's 16,000 members were affected by the storms. They were residents of several urban New Orleans parishes, and many lived in the bayous. To keep the community intact, Robichaux said, the tribe was seeking to purchase a tract of land on higher ground, in any of the areas of Louisiana that her nation once called home. "People have just gotten to a point now where there's not really much they can do, apart from just getting out of that community altogether," said Joby M. Dion, 28, a member of the Biloxi-Chitimacha. He recalled how as a child his family moved at least three times to escape storm-related flooding from the bayous around Dulac. Dion now lives in Memphis, Tenn., but has been making trips to the area where he grew up to donate supplies and help community members jump-start their lives. A team of volunteers, some from California, are helping to rebuild the elderly Dean's home. The workers have cleared the mud that caked her floors, ripped out the drenched interior walls to install insulation - the first the house has had - and are working on plumbing repairs. Others who live in this rural enclave, set along alligator-infested waterways and dotted with rickety single-story houses and trailers, are less lucky. Their homes are uninhabitable. Marlene Foret, chairwoman of the Grand Caillou/Dulac Band of Biloxi- Chitimacha Confederation of Muskogees, said almost all of the tribe's 1, 200 registered members had hurricane damage to their homes or to their shrimp boats, crab ponds or oyster gardens. Many Indians in the region depend on the fishing industry for their economic survival. "I'm hoping and praying that people don't move, but if they do, I can't say I blame them," Foret said. But, she added, "I tell them: I understand if you want to move away - to move to higher ground - but you must remember where you came from." Ronald Feet's trailer is surrounded by woods and is a stone's throw from Bayou Guillaume, near Dulac, where he fished as a boy. Floodwaters filled the structure and left mounds of sludge when they receded. Visitors now encounter thick mud tiles at the trailer's door. For weeks, 55-year-old Feet, a Biloxi-Chitimacha, had not dared to venture inside. "It's totaled," the boat captain said recently as he peered through the trailer's murky windows and tried to force open the door. Copyright c. 2005 Los Angeles Times. --------- "RE: Shirley impedes Mining Talks" --------- Date: Thu, 10 Nov 2005 08:30:22 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NO TO URANIUM MINES!" http://www.owlstar.com/dailyheadlines.htm http://www.azdailysun.com/non_sec/nav_includes/story.cfm?storyID=118828 Shirley impedes mining talks November 9, 2005 Navajo Nation President Joe Shirley Jr. has ordered tribal employees not to speak to or provide any information to companies seeking to mine uranium on the Navajo Nation, in response to recent interest there. The Navajo Nation Council passed a law in April prohibiting uranium mining across the reservation. Shirley has directed the Navajo Nation's Environmental Protection Agency and tax commission to seek out any communications tribal employees may have had with mining companies and to report them to the tribe's attorney general. Copyright c. 2000-2005 Arizona Daily Sun. --------- "RE: Would Fresh Water work for Snowbowl?" --------- Date: Fri, 11 Nov 2005 08:37:39 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="FRESH WATER FOR SNOWBOWL?" http://www.owlstar.com/dailyheadlines.htm http://www.azdailysun.com/non_sec/nav_includes/story.cfm?storyID=118909 Would fresh water work for Snowbowl? By CYNDY COLE Sun Staff Reporter November 10, 2005 Attorneys representing tribes, environmental groups and individuals suing the Forest Service in an attempt to overturn its decision to allow snowmaking with reclaimed wastewater on the San Francisco Peaks laid the groundwork in court Wednesday to argue the city should use regular drinking water to make snow on the peaks. But the city would be unlikely to sell potable water to Snowbowl for snowmaking, Flagstaff Utilities Director Ron Doba testified, leaving Arizona Snowbowl with the option of sinking wells on its own at a cost of up to $3 million. The question of the purity of the water proposed for use on the Peaks has been at the center of the Snowbowl controversy since the ski area first announced its plans. The city deems its reclaimed water 99.997 percent pure, the highest quality possible in Arizona. But attorneys for Snowbowl say even the use of drinking water for snowmaking would violate at least one tribe's religious beliefs. The reclaimed water meets every federal and state requirement for application on ballfields and golf courses, and the Rio de Flag Plant has not had a violation in recent history, Doba said. Opponents argue that inorganic chemicals such as aspirin and hormones, elements that pass through the current purification process, would contaminate the Peaks' fragile high-altitude environment and possibly everything in downstream drainages all the way to Mexico. Whether Snowbowl's runoff actually makes it to the Havasupai Tribe or the Colorado River is a point of contention. While U.S. District Court Judge Paul Rosenblatt stared at a photo of a glass of reclaimed water for a moment, Doba acknowledged that the purification process does not screen out such inorganic matter. "There was still evidence of some levels of pharmaceuticals. Many of them were at levels unable to be quantified," Doba testified. Rosenblatt opened the case weeks ago by stating that children are taught not to eat "the yellow stuff," but that the snow wouldn't be yellow in this case. Lawyers for Snowbowl and the Department of Justice argued Wednesday that the water used to make snow would be nearly as clean as drinking water, though not meant for human consumption. Snowbowl plans to put signs and notices in snowmaking areas, on equipment used to make snow and on the lift tickets themselves that reclaimed water is in use if it ultimately wins the case. Six tribes, including the Navajo and Hopi, two environmental groups, the Flagstaff Activist Network and three individuals are suing the Forest Service for Coconino National Forest Supervisor Nora Rasure's decision to allow snowmaking on the San Francisco Peaks. Use of reclaimed water has more than doubled in Flagstaff in the last 10 years, with schools, golf courses, homes and other customers buying the water last year. Among the biggest is SCA Tissue. Unlike potable water, reclaimed water customers get discounts when they use more, as it saves the city from having to drill more wells. Even taking that into account, Snowbowl is looking at potential costs of $600 to $1,500 per day for snowmaking, depending on how much water the business uses, or up to $131,880 for a full season of snowmaking, if no snow falls from the clouds. Cyndy Cole can be reached at ccole@azdailysun.com or at 913-8607. Copyright c. 2000-2005 Arizona Daily Sun. --------- "RE: Western Shoshone lose bid to halt Yucca Mountain" --------- Date: Thu, 10 Nov 2005 08:30:22 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="YUCCA MOUNTAIN DUMP CLOSER TO FACT" http://www.indianz.com/News/ http://www.reviewjournal.com/lvrj_home/2005/Nov-10-Thu-2005/news/4231211.html Tribe's challenge dismissed Lawsuit tried to halt nuclear waste dump By KEITH ROGERS REVIEW-JOURNAL November 10, 2005 A federal judge has dismissed a lawsuit filed this year by the Western Shoshone National Council, saying the U.S. District Court in Las Vegas lacks jurisdiction to decide if an 1863 treaty prohibits the Department of Energy from proceeding with plans to build a nuclear waste dump at Yucca Mountain. "Barring some other waiver, the United States' alleged treaty violations may not be redressed by a civil suit in this court," U.S. District Judge Philip Pro wrote in his Nov. 1 order granting a motion by lawyers for the Energy and Interior departments to dismiss the case. A statement Wednesday by Robert Hager, attorney for the Western Shoshone National Council and four members of the tribe, says he will ask the court to reconsider its decision. "If the court does not reverse that decision, an appeal will follow" with the 9th U.S. Circuit Court of Appeals in San Francisco, said Hager, a Reno attorney. When the Western Shoshones were asked to enter into the Ruby Valley Treaty of 1863, "no one said that the U.S. government would thereafter make up laws which would be designed to break the promises of the United States," Hager said in statement. "It is shameful that the government has done just that in order to bring nuclear waste from around the world to dump on sacred Western Shoshone land." Hager castigated the government for violating Western Shoshone land rights as well as the tribe's human rights. He cited a recent United Nations inquiry and the Inter-American Commission on Human Rights of the Organization of American States' siding with the Western Shoshone in 2002. Yucca Mountain is a volcanic-rock ridge 100 miles northwest of Las Vegas where the government plans to spend about $58 billion to entomb 77,000 tons of radioactive defense waste and spent fuel from commercial power reactors. The spent fuel is stored at reactor sites in 39 states. To the Western Shoshones, the mountain lives as a giant snake slithering westward for nearly 20 miles across southern Nye County. The ridge and nearby Forty Mile Wash are considered sacred areas of their native land that spans 93,750 square miles across parts of Nevada, California, Utah and Idaho. The lawsuit, with a motion to stop the project, named Energy Department Samuel Bodman and Interior Secretary Gale Norton as defendants. Plaintiffs from the Western Shoshone Timbisha and Te-Moak bands - John Wells, Joe Kennedy, Pauline Esteves and Kevin Gillette - and the national council claimed the treaty allows only five uses for the land: settlements, mines, ranches, roads and a railroad. Wells, southern representative for the Western Shoshone National Council, reacted to the ruling late Wednesday, saying, "It's not surprising to me that whenever we get into the courts the findings are always so hypocritical." Wells vowed to continue to fight the issues through the federal court system. "We have a treaty with the United States of America. We have endeavored always to abide by the treaty and we have asked why does the United States not abide by the treaty," he said. "The United States does not treat other countries that it has treaties with the way it treats Indian nations." In May, Pro denied the tribe's plea to block the Yucca Mountain Project from proceeding. He ruled that the Western Shoshone National Council couldn't show that the tribe had "immediate and irreparable" harm, since the nuclear waste dump has not yet opened and a rail line to haul nuclear waste to the mountain has not yet been constructed. Copyright c. Las Vegas Review-Journal, 1997-2005. --------- "RE: Abenaki denied Federal Recognition" --------- Date: Fri, 11 Nov 2005 08:37:39 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ABENAKI DENIED" http://www.owlstar.com/dailyheadlines.htm http://www.wcax.com/Global/story.asp?S=4103705&nav=4QcS Abenaki Denied Federal Recognition Swanton, Vermont November 10, 2005 Vermont's Abenaki Nation has been dealt a major setback in its 25-year fight for federal recognition as a Native American tribe. The Bureau of Indian Affairs says there is insufficient evidence of tribal history to recognize the Abenakis. "It's quite a challenge to this group now to be able to overcome these findings," says Bill Sorrell, D-Vermont Attorney General. This group that the attorney general refers to is Vermont's Abenaki, most of whom live up here in the northwest corner of the state. They have had several well publicized demonstrations that they feel they are entitled to native rights. They staged a fish-in almost 20 year ago insisting they don't have to comply with many state laws. They hoped all along for federal recognition of their tribe. Recognition that would give them rights to make land claims, perhaps set up casinos, and free them from taxes. It is a battle the Abenakis waged last year in the legislature for state recognition - gaining it in a bill passed so far only in the Vermont Senate. But the Atorney General says a scientific study funded by the state proved the Swanton-based Abenakis have no historical or genealogical history as a tribe -- and the federal authorities have agreed "From the genealogical information they couldn't show the blood relationship between the group seeking recognition and an historic Indian tribe," says Sorrell. "This wasn't any desire to discriminate against this group rather it was just we want to see that the laws met and thus far the Bureau of Indian Affairs has agreed with us that they don't meet the statutory tests." "We haven't had a chance to read this," says Abenaki Chief April Merrill. She says the fight has only begun because the Abenakis have nine months to submit additional evidence before a final ruling from the Bureau of Indian Affairs. "We know that they're saying that we were denied. But this is just part of the first process. I don't know of any tribe that has made it on the first seven criteria on the first time. We still have 180 days. The Attorney general's office makes people believe that this is it. It's not. We still have 180 days. But we don't want to comment on anything that's in here until we've had a chance to read it," says Chief Merrill. Chief Merrill says the tribal council will confer over the weekend and issue an official statement at a Monday press conference. Brian Joyce - Channel 3 News Copyright c. 2001-2005 WorldNow and WCAX. All Rights Reserved. --------- "RE: Blackfeet want Respect, Apology and $75,000" --------- Date: Fri, 11 Nov 2005 08:37:39 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CUT BANK TOLD TO MAKE THINGS RIGHT" http://www.owlstar.com/dailyheadlines.htm http://www.goldentrianglenews.com/glacier_reporter/news2.txts Blackfeet Tribe wants respect, apology and $75,000 from city. By LeAnne Kavanagh for the Glacier Reporter November 9, 2005 The Blackfeet Tribal Business Council was "offended" by the City of Cut Bank and the way it has handled the building of its water storage reservoir on the Blackfeet Reservation. At a special meeting between the two governments on Monday, Nov. 7, BTBC members accused city officials of being "very disrespectful" of not only tribal laws but also of the Blackfeet culture. They asked for a formal apology from city officials as a first step in improving communication and relations between the two governments. The BTBC is also asking the City of Cut Bank to: * Pay the Blackfeet Tribe's construction tax and TERO fees for the project. According to Terryl Matt of the Blackfeet Tribe's legal department, that would amount to five percent of the project's construction cost of $1.53 million or approximately $75,000. * Monitor the water usage of three private landowners and the Cut Bank Golf and Country Club. Property owned by Rod Hibbs, Kimmets and Ron and Linda Dempsey receive their water through pipes tied to the Blackfeet Tribe's water lines, said tribal officials. * Revise the memorandum of understanding between the Blackfeet Tribe and the City of Cut Bank which provides water to the Seville Housing Project west of Cut Bank. If the City of Cut Bank agrees to these demands, Matt said the BTBC may grant the City of Cut Bank a water permit for the storage reservoir. Chairman Pat Thomas told those at the meeting the BTBC could not guarantee a permit would be granted because the council has "a lot of people to answer to. We will bring this back and discuss it." Likewise, Cut Bank City Attorney Bob Olson said the Cut Bank City Council would discuss the matter at their regular meeting later that night. He suggested the city council members take a few hours to digest the information heard during the afternoon meeting before discussing it at their evening meeting. Olson said the matter was on the council's meeting agenda. (See related story.) The meeting, which was held at Discovery Lodge Casino west of Cut Bank, attracted not only members of the BTBC and Cut Bank City Council, but also members of the public, tribal agencies, the BIA and USDA officials. According to Matt, it has taken nearly three months to schedule a meeting of the Tribe, City and USDA, but she expressed appreciation that all were able to attend Monday's meeting. Matt recapped for those in attendance the events leading up to Monday's meeting. Initially, the Blackfeet Tribe's TERO hiring laws were not the issue. Matt said the Tribe believed the City of Cut Bank's water project was subject to the Tribe's construction tax and TERO fees. Tribal officials were justifiably upset when they learned the City built its storage reservoir in a different location than what was stated in the original paperwork. "If you build anything on our land, you must get a permit from the Blackfeet Tribe," said BTBC member Allen Talks About. City officials explained that the point of diversion and the amount of water being utilized had not changed. Talks About persisted, stating, "the point of diversion is still on the Blackfeet side..." Talks About reminded the Cut Bank city delegation that the Blackfeet's water rights are senior to the City of Cut Bank. "You remember this. When you want to do anything, you ask us." Former chairman of the BTBC, Talks About said he never received correspondence from the City of Cut Bank about the water project. "You never once came to our tribal chambers..." Matt asked city officials if they had filed the change application with the Department of Natural Resources and Conservation (DNRC). Deputy City Attorney Bob Smith said the city was still "working on it." Matt said the BTBC "feels pretty strong they could delay the DNRC" in making a decision on the change order. "We believe we have a strong leg to stand on." Olson replied, "We realize that." Talks About asked the city council if they believed they had to adhere to TERO laws. "No we don't," responded Olson. "In this case," clarified Mayor Marion Culleton. City officials were asked if they complied with the Blackfeet Tribe's laws and ordinances requiring environmental, cultural and water permits for the project. Culleton said she would check with the city's engineering firm on the project to see if that was done. Matt cited several clauses from federal procurement guidelines, which the Blackfeet Tribe believes requires the City of Cut Bank to comply with TERO and Indian preference hiring laws on Phase II of its water project. Matt told those at the meeting it appears the City of Cut Bank offended the BTBC by the manner in which they pursued the project. "The Blackfeet Tribal Business Council is not happy they got into this fight about who has the authority." She continued, it appears the City of Cut Bank is more concerned with winning a legal issue than trying to work this problem out with the BTBC. "We all live in this community. No one is going anywhere. We need to try and work this out." "What does the Blackfeet Tribal Business Council want from us?" asked Olson. "Why wasn't that asked when this was started?" returned BTBC member Jimmy St. Goddard. "We are offended. Personally, myself, I want to go to court...We'll get discrimination against our Indian Nation," stated St. Goddard, adding, "the governor supports us on this." St. Goddard continued, "We treat your city with respect, total respect. There needs to be a lot of apology and giving in by your side." St. Goddard said there are groups such as the Native American Rights and Elouise Cobell who "want in on this case. We don't want to splatter you all over the court room..." Talks About interrupted, adding, "Our people need strong leadership in this meeting." Talks About asked how city officials would like it if he started digging with a grader "on your Main Street. I'd go to jail." He called the City of Cut Bank's behavior toward the Blackfeet Tribe "very disrespectful." Chairman Pat Thomas called for a recess for the BTBC to discuss the matter privately. After 20 minutes, the BTBC returned to the table with the terms they would like the City of Cut Bank to agree to in order to issue them a Blackfeet water permit for the project. BTBC member Jay St. Goddard voiced, "We're human beings. We have different skin color, but we're easy to get along with. We are willing to work things out so it doesn't have to get this far. At one point, you thought you had the upper hand. We could be hard and make this miserable. We aren't. Everyone needs water." Jay St. Goddard asked the City of Cut Bank for "a little more respect of our TERO laws. Understand we do have laws," he said and reiterated the Tribe's demand of a public apology by the City of Cut Bank. Cut Bank alderman Floyd Ray said he believes there was a communication problem on both sides. "I think we need to have better communication with each other." Alice Brotnov, who also sits on the Cut Bank City Council, offered her apology to the BTBC saying, "We thought we did everything. We thought we covered all the bases. Our legal counsel told us we did. I apologize for the communication error. I never thought to call and see what we needed to do." Jimmy St. Goddard shared that water is "very spiritual to us" and is one of the earth's most valuable resources. "You're stepping on our spirituality. Please understand, our elders believe it is our water to take care of. The Creator gave it to us...The spiritual significance needs to be a part of these meetings..." Fred Guardipee, another BTBC member, accepted Brotnov's apology. "We have lots of common problems. We need to work together...If we don't communicate, we build these walls..." "Communication is the key," added BTBC member Pat Schildt. He also expressed his appreciation to those who set up Monday's meeting and said he looked forward to "a closer working relationship" with the City of Cut Bank. "We apologize for our ignorance," said Culleton. She cited the opportunity to sit down with tribal officials to discuss the issue will enable them to understand "the steps we need to take" more clearly. "I would like to have more meetings in the future to work out the problems we have. I just feel we need to have more meetings," said Thomas. Talks About suggested the next meeting between the two governments be held in Browning. Copyright c. 2005 Golden Triangle Newspapers. --------- "RE: Utah Court blocks State jurisdiction on hunting" --------- Date: Fri, 11 Nov 2005 08:37:39 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="COURT VOIDS POACHING IN INDIAN COUNTRY" http://www.indianz.com/News/ http://www.sltrib.com/utah/ci_3204094 Appeals court overturns ruling of poaching in 'Indian Country' By Brett Prettyman The Salt Lake Tribune November 11, 2005 The Utah Court of Appeals on Thursday overturned three deer poaching convictions, ruling the state lacks the jurisdiction to prosecute the crimes because they occurred in "Indian Country" and the Ute Tribe - not the state - was the victim. "The state asserts that it was the victim in this case, and because the state is not an Indian, state courts have jurisdiction over the offense," the ruling said. "The state, however, is not the victim." The Utah Attorney General plans to seek a rehearing, contending the court based its ruling on a legal issue that had not been the focus of the appeal. "The primary issue before the Court of Appeals was whether [the poaching defendant] was an Indian for the purposes of criminal jurisdiction," said Joanne Slotnik, an assistant attorney general assigned to the case. "Instead of answering this question, the Court of Appeals focused on who the victim was, an issue that was not fully briefed by the parties." Slotnik said the court erred in "using the term 'Indian Country' in a very broad way. It is understandable that they misunderstood the law in this area because it is extremely complex and they did not have the benefit of a full briefing." The ruling by the three-judge panel stems from the 8th District Court conviction of Rickie L. Reber for aiding in the killing of a trophy mule buck in 2002 on Uintah County land that is part of Indian Country, although outside Ute Tribal Lands and is managed by the state. Reber lacked a permit, license and a tag for the animal, according to state wildlife law enforcement officials. Reber contended his case should be dismissed because he is an Indian and was on Indian lands. In a separate but similar poaching case, defendants Tex William Atkins and Steven Paul Thunehorst agreed to abide by whatever ruling came in the Reber case, according to the court of appeals. Attorneys representing the Ute Indian Tribe were unavailable for comment. Copyright c. 2005, The Salt Lake Tribune. --------- "RE: Column: How Yavapai Nation defeated Dam" --------- Date: Thu, 10 Nov 2005 08:30:22 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="YAVAPAI STOPPED FLOODING OF NATION" http://www.indianz.com/News/ http://www.reviewjournal.com/lvrj_home/2005/Nov-10-Thu-2005/news/4231211.html Celebration marks defeat of dam idea November 10, 2005 Do you read the letters to the editor every day? I do. Is it my imagination, or do the people who write them, or at least some of those people, seem to be getting grouchier? A lot of the letters seem to be snippier than usual lately. I think some of you people just need a good tickle. It would cheer you up. But there's no time for tickling today. There's work to be done. advertisement I recently saw an ad on television for Orme Dam Days at Fort McDowell. Did I miss something? Where is Orme Dam? Orme Dam isn't anywhere. That's why they're having Orme Dam days. Specifically, the Fort McDowell Yavapai Nation is celebrating Orme Dam Victory Days Nov. 18-20 at the Fort McDowell rodeo grounds. They have all sorts of stuff planned, and you can read about it at www.ftmcdowell.org. It sounds like fun. When Congress authorized the Central Arizona Project in 1968, one of the projects in the package was Orme Dam. It was to be a flood control and storage dam built at the confluence of the Verde and Salt rivers, near the Fort McDowell Reservation's southern border. Waterwise, I suppose it wasn't a bad idea. Peoplewise, it was a terrible idea. Orme Dam would have flooded about 15,000 acres of the Fort McDowell Reservation, roughly half of the Yavapais' land. In return, the tribe was to receive, if memory serves, about 2,500 acres of irrigated land. It didn't take the people at Fort McDowell long to figure out they were getting the short end of the stick. In a referendum in 1976, the community voted by a margin of about 2-to-1 not to sell the land to the federal government. Other Indian communities, environmentalists and other groups rallied to support Fort McDowell, and the fight was on. It took several years, but the Fort McDowell community won. In November 1981, Interior Secretary James Watt announced the Orme Dam plan was dead, and the Yavapais have had a celebration about this time of year ever since. They're a pretty feisty group out at Fort McDowell. It's a long story, but in 1992, in the early days of Indian gambling in Arizona, there was a three-week standoff between Fort McDowell residents and FBI agents who had seized the tribe's slot machines. It ended with the state agreeing to gambling compacts with the tribe. They have a holiday on May 12 to celebrate that victory. Reach Thompson at clay.thompson@arizonarepublic .com or (602) 444-8612. Copyright c. 2005, azcentral.com. All rights reserved. --------- "RE: A Test of Tribes' Legal Immunity" --------- Date: Mon, 14 Nov 2005 08:36:14 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="MOHEGAN PLANT STAFF" http://www.owlstar.com/dailyheadlines.htm http://www.courant.com/hc-indianimmunity.artnov13,0,4170586.story A Test Of Tribes' Legal Immunity High Court Reviews Sovereignty Issue November 13, 2005 By RICK GREEN, Courant Staff Writer Jumping into one of the hottest disputes between Indians and the outside world, the state Supreme Court has agreed to review sovereign immunity, the long-standing doctrine that protects tribes from lawsuits. In essence, the court has been asked to review a question that many in the non-Indian world struggle with: Why can't you sue an Indian tribe if the tribe sues you? Wealthy, casino-owning tribes are "pushing the boundaries. Indian tribes have become so hugely commercial, they are acting like a business. For that reason the courts are increasingly wondering what they are," said John Williams, lawyer for Bradley W. Beecher, who has sought to sue the Mohegan Tribe. "This is a pure clash between the traditional basis for tribal immunity and the commercial reality." But the economic success of a tribe has nothing to do with tribal sovereignty, said a Massachusetts lawyer who represents tribes throughout New England. "The framers of the Constitution acknowledged back in 1787 that Indian tribes were the same as a foreign country," said Douglas Luckerman, who works with the Narragansetts of Rhode Island and the Wampanoags of Massachusetts. Later, Chief Justice John Marshall in the 1830s found that as "domestic dependent nations" tribes enjoy a limited sovereignty. "To understand sovereign immunity is no different than to understand what happens when a diplomat comes to the United States and racks up a bunch of parking tickets," Luckerman said. "The state can't haul that diplomat into court." The state Supreme Court will examine five cases from state court in which the central question rests on sovereign immunity - four involving investors and the Eastern Pequots, a state-recognized tribe in North Stonington that says it cannot be sued. The investors include Donald Trump and J.D. DeMatteo, of Burlington. The other is the dispute between Beecher, a former state police lieutenant, and the Mohegans, a federally recognized tribe. The tribe last year successfully sued Beecher, blocking him from publicly disclosing information he learned about tribal business when he worked as an investigator for the tribe's gaming commission. A Superior Court judge has dismissed a countersuit by Beecher. "The tribe did not want me to talk. They came up with a fabricated lawsuit and got a restraining order against me. I was silenced for two months. I tried to sue them back to try to clear my name and try to pay for damages," Beecher said. "They can sue me, but I have no recourse? And that's OK?" When it comes to federally recognized tribes, the answer from Congress and the courts has been clear: Indian tribes, like state government, cannot be sued, said Attorney General Richard Blumenthal. "Tribal sovereignty has sweeping implications for individuals and communities near Indian reservations," Blumenthal said. "The courts must respect legitimate Native American sovereignty rights and balance them with the rights of individuals and local communities." He said his office had not yet decided whether to become involved in these cases. Charles Bunnell, a spokesman for the Mohegans, said both the tribe and Beecher want the case before the Supreme Court. "We both agreed that it was the appropriate court because of the issue of sovereignty," Bunnell said. "We are confident we will prevail." A lawyer for the Eastern Pequots, Robert Tobin, said the question of sovereign immunity is not one of equal rights, but of respecting a government's independence. "It is not just for Indians. It is [protection] for governments," Tobin said. "They are entitled to not be interfered with. That's the concept of sovereignty, to not have another entity interfere with your internal affairs." But with increasing conflicts between tribes and non-Indians and questions about limits to sovereignty increasing, the Beecher case is one that may move quickly to the U.S. Supreme Court, said James Lynch, a consultant who frequently does research into legal and historical issues concerning New England tribes. "The Mohegans have thrown down the gauntlet in terms of their sovereign immunity - `We can do something to you that may be detrimental to you, but you cannot come back at us,'" Lynch said. "Sovereignty is one of these things that everybody talks about and nobody stops and thinks what it really is." Copyright c. 2005 by The Hartford Courant. --------- "RE: Tribes Honor their Veterans" --------- Date: Fri, 11 Nov 2005 08:37:39 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="VETERANS HONORED" http://www.owlstar.com/dailyheadlines.htm http://www.nativetimes.com/index.asp?action=displayarticle&article_id=7227 Tribes honor their veterans Ceremonies span Indian Country OKMULGEE OK Sam Lewin November 10, 2005 Hundreds of veterans and their families gathered in Okmulgee as the Muscogee (Creek) Nation held its annual event honoring Native Americans who served. Vets converged at the Mound Building on the Capitol Complex to meet up with old friends, exchange war stories and enjoy a hot lunch. "My family alone served in every conflict since the Civil War," Army vet John Yahola tells the Native American Times. "We had people fighting for the North and the South. I'm proud to say that everyone in my family is a warrior and when it came my time I knew I had no choice." For some the observance brings back sad memories. "I was thinking of all the guys that didn't make it back. We were just in high school and we didn't know anything. When we came back we were different people," said Army vet Mike Coon. Coon's father Phillip also attended the ceremony. Now 86, the elder Coon survived the infamous Bataan Death March and spent time in a POW camp. He said that every year around Veterans Day he finds himself with the memory of John Cornsilk of North Carolina. "I had a friend that I met in California the day we shipped out," Phillip Coon recalls. "John was this big full-blood Cherokee. He was over six feet and I was a midget next to him. He didn't come back. He died in a POW camp in the Philippines. "I think back on the day that we left to get on the ship. He always called me `Buddy.' He said, `Buddy, let's go back to the ship.' The Golden Gate Bridge was there and he said, `If we come back I want to look at this bridge again.' It happened but I was by myself. I kept the promise." Phillip stands proudly with Mike as assorted well-wishers take pictures of the two men. The chain is not about to break: The young man that is Mike's son and Phillip's grandson is going to enlist in several weeks. One vet jokes that he came to the Creek ceremony only for the "free food." But ask about the legacy of Native Americans serving in the armed forces and the smiles fade to grim pride. "I joined the Army when everyone was against the Army," said Ken Bunner. "Indians are warriors and this was my chance to prove I was one too." "A long time ago, if you wanted to be on the [tribal] council you had to be a warrior," said Mike Coon. "We always have people ready to serve." The Creek event was one of many held throughout Indian Country. In the nation's capitol a group of Native veterans and others attended a ceremony at Arlington National Cemetery. "I am honored to be involved in recognizing the sacrifices our Native American Veterans have made so that we can continue to live free," said Omer Begay Jr., a member of the Navajo Nation. "I hope all of Native Nations will join me in thanking and supporting our native men and women currently fighting the war on terrorism," said fellow Navajo Woody Lee. "They represent a long history of service by our people." You can reach Sam Lewin at sam@okit.com Native American Times. Copyright c. 2005 All Rights Reserved. --------- "RE: The Links between Desert Plants, People" --------- Date: Tue, 8 Nov 2005 08:39:58 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="DESERT PLANTS" http://www.owlstar.com/dailyheadlines.htm http://www.azcentral.com/arizonarepublic/lifemoments07.html The links between desert plants, people Thomas Ropp The Arizona Republic November 7, 2005 Celebrating the crucial connection between native desert people and desert plants, the Desert Botanical Garden held its eighth-annual Native American Recognition Days over the weekend, attracting more than 3,000 visitors. "This event becomes more popular every year," said Miriam Beach the garden's special events coordinator. Kirti Mathura, garden horticulturist, said people usually come away from the event with a better understanding of the traditional importance of plants among Arizona's Native Americans. advertisement "Our visitors see that plants aren't just ornamental things stuck in our yards," Mathura said. Native American artists demonstrated how plants are used for everything from weaving rugs to making masks. One of the most popular demonstrations was the traditional agave pit bake. Agaves put into a ground pit last Tuesday were pulled out Saturday for visitors to sample. Native American entertainers also performed traditional dances, flute solos and told stories handed down from generation to generation. Lena Williams, 47, has been weaving rugs since age 7. A Navajo who now lives in the community of Leupp near Flagstaff, Williams said such native plants as rabbit brush and walnut trees are used for dyes. "Unfortunately, we don't have much vegetation left in some areas so we are having to buy wool that is already dyed or we must use natural colors," Williams said. Her handmade Navajo rugs sell for about $200 a square foot. She had a fairly small one on display at the garden that depicted a storm within a storm. The rug was priced at $3,700. Albert Abril of Phoenix was in charge of roasting the agave plant and handing out the edible parts - leaves and core - to curious passers-by. "Everyone thinks agave tastes a little different," Abril said. The taste can vary among agave species and even the same species can taste different from year to year, depending on rainfall. Abril kept a guest book where visitors wrote down what agave tasted like to them. The impressions ranged from chicken to licorice. Most said it tasted like molasses or candied yams. Abril said agave was an important plant for Native Americans because it is loaded with "a healthful kind of sugar" that helps fight diabetes. David Morris pays attention to what rocks tell him. The Choctaw Indian, who now lives in Arizona City, applies petroglyphs to certain rocks, using a traditional method of stone-on-stone etching. "The archaeologists tell me this is how it was done thousands of years ago," Morris said. According to Morris, the rock tells him what kind of animal or character to etch on it. "If they don't talk to me, they stay in the desert," Morris said. It should come as no surprise that Morris' Native American name is "Rocks talk to him." Yaqui mask maker Merced Maldonado of Guadalupe relies heavily on his plants to complete his creations. Three trees - cottonwood, elephant trunk and red coral - are used for the body of the mask. Horse, cow or goat hair is then attached to the mask character. Maldonado is also a storyteller, and uses the masks to help explain Yaqui history and origins. "I see the stories as teaching many things, from life sciences to morals," Maldonado said. Copyright c. 2005, azcentral.com. All rights reserved. --------- "RE: IBM aims Technology Initiative at NAs" --------- Date: Wed, 9 Nov 2005 08:35:02 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="TECH BOOST FROM IBM" http://www.owlstar.com/dailyheadlines.htm http://www.techweb.com/showArticle.jhtml?articleId=173600500 IBM Aims Technology Initiative at Native Americans By K.C. Jones, TechWeb News November 8, 2005 IBM and Career Communications Group are offering to help Native Americans preserve indigenous languages and cultures while providing demonstrations and training to narrow the digital divide. IBM announced the effort, called Native American Family Technology Journey, last week. The companies will host classes and interactive demonstrations to show the full potential of computers and the Internet. IBM is donating computer labs to the Abenaki, a tribe in Swanton, Vt. Training and software will be offered to them as well as Native Americans in other rural areas, on tribal lands and in cities. According to the U.S. Department of Commerce's National Telecommunications and Information Administration, Native Americans are among those "falling through the digital divide." Terry Braun, Seneca and national co-chair of Native American Family Technology, said in a prepared statement that Native American households lag behind the national average for computer access by about 15 percent. They lag behind on Internet access by nearly 20 percent, she said. "It's clear that more has to be done to make Native American families aware of the advantages and opportunities that are associated with bringing technology into their lives," said Braun.. Through "The Journey" IBM will offer Native Keyboard Input Method Editor, which allows users to switch from English to another language with a hotkey or command. An online forum will supplement the editing tool by showing how technology can help pass on stories, customs and languages. IBM is also partnering with the Indigenous Language Institute to create a Language Materials Development Center. The program will also host educational and career seminars encouraging students to pursue careers in technology and business. Marcella Perrano, director of Title VII Indian Education and member of the Ramapough-Lenape nation, the program will help increase technical education and computer literacy among Native Americans as they incorporate technology into their daily lives. At least 15 events will be held from Arizona to Alaska this month. November has been federally designated National American Indian and Alaska Native Heritage Month. Career Communications Groupis a minority-owned media services company based in Baltimore Copyright c. 2005 CMP Media LLC. --------- "RE: Shadow Wolves combat flow of Drugs into US" --------- Date: Wed, 9 Nov 2005 08:35:02 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="VOICE OF AMERICA: SHADOW WOLVES" http://www.indianz.com/News/ http://www.voanews.com/specialenglish/2005-11-08-voa1.cfm Shadow Wolves Find and Arrest People Trying to Bring Illegal Drugs Into the U.S. Written by Paul Thompson 8 November 2005 (MUSIC) VOICE ONE: I'm Steve Ember. VOICE TWO: And I'm Faith Lapidus with EXPLORATIONS in VOA Special English. Today we visit the desert of the American southwest to learn about a group of people called the Shadow Wolves. (MUSIC) VOICE ONE: Shadow Wolves can see a lot of information in markings on the sand A Shadow Wolf is hunting. He is not looking for animals. He is hunting people. The Shadow Wolf walks slowly across the hot desert sand. His eyes move slowly over the ground. Most people would only see sand, dirt, rocks and some small plants. The Shadow Wolf sees a story. He looks closely at the ground. He can tell that five men passed this way. Four of them carried heavy loads. He can also tell they are moving quickly. They are not yet running, but they are moving as fast as their heavy loads permit. One man is not carrying a heavy load. The Shadow Wolf knows this person is the group's leader. The Shadow Wolf increases his own speed across the dry, hot desert. Soon, he can tell that the five men are running. They know he is following them. Minutes later, in the far distance, a group of birds suddenly flies away from the ground. The five men have frightened the birds. The Shadow Wolf slowly pulls out his radio and calls for help. The five men are captured within an hour. They are arrested for trying to bring illegal drugs into the United States. Once again, the Shadow Wolf hunters have been successful. VOICE TWO: For thousands of years, people were hunter-gatherers. They survived by hunting wild animals and gathering food that was not easily found. Their hunting skills were extremely important. The ancient hunter-gatherers of the world learned to follow the signs or marks left on the ground as animals moved along a path. This skill is called tracking. A good tracker would often spend days following the signs of a group of animals until he could make a successful kill for food. VOICE ONE: These skills have disappeared in most of the modern world. Yet, the Shadow Wolves use them to find and arrest people who try to sell illegal drugs. The Shadow Wolves are all Native Americans. They are special employees of the United States Customs and Border Protection, which is part of the Department of Homeland Security. There are about twenty Shadow Wolves. They belong to the Tohono O'odham Tribe and more than ten other Native American tribes. The Shadow Wolves live by a saying that tells a lot about them and their work. The saying is: "In brightest day, in darkest night, no evil shall escape my sight, for I am the Shadow Wolf." (MUSIC) VOICE TWO: The Shadow Wolves have been doing their special work since nineteen seventy-two when they worked for what was then called the Customs Service. They work on the Tohono O'odham Reservation. It is the second largest area of American Indian land in the United States. It is a few kilometers west of the city of Tucson, in the southwestern state of Arizona. The huge reservation shares a one hundred twenty kilometer border with Mexico. People who want to sell illegal drugs in the United States carry the drugs on their backs across the desert land of the Tohono O'odham Reservation. They try to move from the border to the nearest road, about forty kilometers away. Usually about three or four people carry the drugs through the reservation at night. Their shoes leave marks in the dirt. The Shadow Wolves follow these shoe marks to find the drug dealers and arrest them. The Shadow Wolves have been very successful in their work. VOICE ONE: The Congress of the United States approved the idea of the Shadow Wolves for several reasons. Police agencies in Arizona and the United States Customs Service had all the modern technology needed to help catch people who tried to sell illegal drugs. But they lacked the skills of the ancient hunter-gatherers who could follow the signs left by people as they passed through the desert. Customs Service officials knew drug dealers were coming across the border and into the Tohono O'odham Reservation. The government asked Indians who lived on the reservation to help in the fight against the drug dealers. The first members of the Shadow Wolves were members of the Tohono O'odham tribe. A few years ago, the first members of this unusual group began to retire. The group asked if skilled trackers from other tribes wanted to become Shadow Wolves. The answer was yes. VOICE TWO: The Shadow Wolves do not use only their ancient tracking skills. They also use modern devices that help them see in the dark. They use modern radios to communicate. They use airplanes, helicopters and other methods of transportation in their work. And they carry weapons as well as water, survival devices and flashlights. The Shadow Wolves have a very good record. In one recent year they seized forty-six thousand kilograms of illegal drugs. This was almost half of all the drugs seized by the Customs Service in the state of Arizona. In one day alone they seized more than three hundred fifty kilograms of the illegal drug marijuana. (MUSIC) VOICE ONE: The Shadow Wolves' main task is finding and stopping illegal drug dealers. However, sometimes they are asked to help rescue people who become lost in the desert. For example, in two thousand one, three Shadow Wolves saved the life of a little boy who had become lost in the desert. The child and his dog left their home and walked into the desert. No one could find them. Special search aircraft were used. Experts with dogs were called on to help. The aircraft and the dog experts searched but could not find the little boy. Three Shadow Wolves then joined the search. They found very little evidence of the boy in the desert. But they found just enough for them to begin tracking the child. They continued to follow the marks left by the little boy until they found him and his dog. They returned them safely to their home. VOICE TWO: The Shadow Wolves also share their skills with law enforcement agencies in other countries. They have traveled to Kazakhstan, Uzbekistan, Latvia, Lithuania and Estonia. They have helped train police, border guards and customs officials. They have taught them skills to help them find people who may be transporting chemical, biological or nuclear weapons. The police and border guards in those countries were often surprised when the Shadow Wolves began teaching them ancient methods of tracking. The Shadow Wolves say the police and guards expected to learn how to use some kind of modern electronic equipment. Instead they were taught ancient hunting skills. VOICE ONE: Bryan Nez is from the Navajo tribe. He has worked with the Shadow Wolves group for Brain Nez of the Shadow Wolves. Picture by Scott S. Warren about fifteen years. He learned to track as a child. Mister Nez says he learned more by finding lost children and people on holiday who became lost in the desert. Other Customs and Border Protection officers say it is interesting to watch him work. Most people would not see anything unusual in an area. Yet, Mister Nez sees a lot of evidence of people passing through. He says anyone can be followed because they leave signs on the ground. He says he can follow them even at night, or over rocks. Sometimes, he says, the evidence he needs is something that he sees. Other times the evidence is something that he does not see. Sometimes it is just a feeling that he has. VOICE TWO: The work of the Shadow Wolves is dangerous. Sometimes the illegal drug dealers carry weapons. Shots have been fired more than once. One of the Shadow Wolves, Glen Miles, was shot and killed by an illegal drug dealer in nineteen eighty-six. Two other Shadow Wolves tracked the killer all the way to the Mexican border. The signs he left on the ground crossed the Mexican border nine kilometers from where the shooting took place. VOICE ONE: Each month, the Shadow Wolves find hundreds of kilograms of illegal drugs and arrest those carrying the drugs. The group knows it will never catch all the criminals who try to move illegal drugs through their area. However, the Shadow Wolves will continue to prove that ancient skills can be used to solve modern crimes. (MUSIC) VOICE TWO: This program was written by Paul Thompson. It was produced by Mario Ritter. I'm Faith Lapidus. VOICE ONE: And I'm Steve Ember. Join us again next week for EXPLORATIONS in VOA Special English. Copyright Statement 1. You are welcome to use any material that is published by voanews.com, or you may link to any of the web pages that Voice of America has published on the internet. There is no need to request further permission. Should you wish to establish a link to any VOA web pages, please send your request to pubaff@ibb.gov. We would appreciate that credit for any use of VOA material be given to voanews.com, Voice of America, or VOA, and we ask that you not abridge or edit any VOA material which you may use. --------- "RE: YELLOW BIRD: Troll and Trickster build a Bridge" --------- Date: Tue, 8 Nov 2005 08:39:58 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="YELLOW BIRD: TROLL AND TRICKSTER" http://www.grandforks.com//dorreen_yellow_bird/13108952.htm DORREEN YELLOW BIRD COLUMN: Troll and trickster build a bridge November 8, 2005 Faythe Thureen, a UND author and Norwegian instructor, recently presented to Grand Forks a story of Norwegians and American Indians. Saturday at the Chester Fritz auditorium, a performance reading of her book showed how these two very different cultures share some very basic traits - including supernatural "myth figures," the trickster and the troll. The truth and wisdom in such a theme can, I think, help bring a polarized community closer together. Thureen's book, "Troll meets Trickster on the Dakota Prairie," says that troll and trickster are two of a kind. As important, however, is the theme that all of us are more alike than we are different. In order to enjoy the play, you must know who troll and trickster are. Trolls, Thureen describes, are portrayed in Norwegian folklore as dimwitted, unpredictable and harmful supernatural creatures. In recent years, Norwegians in both Norway and the United States have given trolls a gentler nature as elves. Elves are cuter, more mischievous and more helpful than are traditional trolls. The Native American trickster is the lead character in many stories told to Indian children at the feet of their grandmother. The stories teach the child the right and wrong way in life. The stories taught morals and showed us how we should live. In my case, my grandmother's stories taught me that tricksters did magic things and could shift their shape and change their character. The trickster, most of the time, was foolish and usually ended up in trouble. Trolls were somewhat familiar to me also because I'd interviewed Norwegian historians and read some books about trolls. But I was surprised to learn that "The Three Billy Goats Gruff" was a Norwegian story. I heard it as a child growing up. This sharing of stories is what begins the meeting of new cultures. "Troll meets Trickster on the Dakota Prairie" is a wonderful experience - too short, in my mind, but executed with charm and skill. During the Norwegian half of the performance, the Hardanger fiddle played by Karen Torkelson Solgard had a magic about it. I could hear the fiddle talking to me. It was the voice of the troll, "sung" in a way only this high-pitched, 12-stringed instrument could do. At the end of the troll's tirade, the trickster answers. The trickster comes to life in the sound of Alan Demaray's Indian flute. The Indian flute has a strange, haunting quality; it leaves a trail of sound you don't forget. That sound fits as the voice of the trickster. As the play progressed, children dressed in Norwegian red-and-white outfits danced. Some of the boys were a little shy, and some of the girls giggled, but as they danced, my foot tapped to the tune. Also, as the Hardanger fiddle played, the drum of the Spirit Lake Dakota people at times would join in. Wayne Fox, a UND graduate, and his son, Cameron, came into the spotlight and with spins and twirls told their own story of Native people. Their spinning bodies were halos of red, yellow, white and black lights, drawing pictures of eagles, the world and life. The Seven Feathers dancers, whom Demaray guides, came next. Jingles and bells sounded as they walked toward the stage. Then, as the drums began their ancient music - a beat as old as the tales of the tricksters - grass, traditional, jingle dress and fancy dancers filled the stage in bright- colored outfits and sacred eagle feathers. While the dancers - Norwegian as well as American Indian - performed, Thureen's story unfolded through the voice of an unseen reader off stage. Finally, as if to say "We are one like the hoops; all colors and races spinning together in harmony," Norwegian and Indian dancers danced together in friendship. When it was over, the children exchanged gifts - nation to nation. In our community in which we are polarized over the UND logo and mascot issue, the play seemed to suggest that if troll and trickster can come together, the community should be able to find commonalties in each other's cultures, too. It's hard to snub something that you understand and respect. ---- Dorreen Yellow Bird's column appears Tuesday and Saturday. Reach her at (701) 780-1228 or dyellowbird@gfherald.com Copyright c. 2005 Grand Forks Herald/Grand Forks, ND. --------- "RE: GIAGO: Exposing the Fake Medicine Men and Women" --------- Date: Tue, 8 Nov 2005 08:39:58 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="GIAGO: FAKE MEDICINE MEN AND WOMEN" http://www.nativetimes.com/index.asp?action=displayarticle&article_id=7206 Notes from Indian Country Exposing the fake medicine men and women Tim Giago (Nanwica Kciji Copyright c. 2005, Native American Journalists Foundation, Inc. November 7, 2005 In the early 1990's I asked my staff writer at Indian Country Today, Avis Little Eagle, to write an investigative series on fake medicine men and women. She tackled what turned out to be a 10-part series with trepidation. It seemed that everywhere we turned in those days, there was another catalog or news story featuring medicine men and women of dubious distinction. An eerie similarity arose in the backgrounds of many of these would be healers and spiritualists. So many of these new age shaman made similar claims. They had been adopted by a medicine man (it was always a man and he was usually Lakota or Cherokee). They had learned all of the centuries old methods of healing and ministering by these traditional teachers and when they felt they were ready, they set out on their own to spread the good news of Indian medicine and healing. In the many catalogs where their ads were placed most had assumed names they presumed to be Native American (Blue Dove, Swift Deer, etc.) and set up shop. They developed a system of monetary charges for sweat lodge ceremonies, vision quests and so on. Of course, every true Lakota and Cherokee knows that there are no charges for the services of the medicine people. Most of the new age shaman were not Indian at all. When questioned about their roots by Little Eagle they became angry and defensive. Many proclaimed their rights to practice Indian medicine by virtue of their adoption by Lakota holy men. Many would not, or could not, reveal the names of their so-called mentors. Others said, usually quite vehemently, that they never enrolled with an Indian tribe and never would because it was the government's way of keeping them down. They would say, "I don't need a Bureau of Indian Affairs number to know who I am." Most didn't understand or realize that it was an Indian tribe that considered who or who is not a tribal member not the BIA. Little Eagle, who last month was elected vice president of the Standing Rock Sioux Tribe and who is the editor and publisher of the McLaughlin, SD, based Teton Times, a weekly newspaper that serves her tribe, began to grow more apprehensive as her weekly series progressed because she was now receiving outright threats. One fake shaman, Harley Swift Deer Regan, became very vocal in his threats. He had just been featured in an HBO Special called "Real Sex" in which he allegedly revealed the sex secrets of the Cherokee people. Then Principle Chief of the Cherokee Nation, Wilma Mankiller, protested the lack of authenticity of this show to HBO executives demanding a retraction of the shows contents. Of course, that never happened. Regan's phone calls to Little Eagle became more ominous. But he wasn't the only one. Some of the women shaman exposed in the investigative series by Little Eagle also went from a defensive position to an extremely offensive stance. They also threatened Avis with lawsuits and worse. Of course, as the editor of Indian Country Today, Avis came to me with all of the threats and I had to really encourage her not to give up on the series but instead to let me handle the threatened lawsuits. You have to understand that some of the false shaman professed to have extraordinary powers. They attacked Avis with threats of a curse or they told her that they would put bad medicine on her and her family. A series of personal bad happenings to Avis totally unrelated to the series or to the shaman only served to increase the fear that was developing in her mind. At last Avis started to write Part 10, the final issue of the series. It was a summation of all the nine other parts of the series and her conclusions. As I walked by to pat her on the back as she labored at that last part she had a look of great relief on her face. Her lunch hour came right in the middle of it so she cheerfully headed home to eat. Not five minutes had passed since her departure when her computer monitor suddenly exploded in smoke and flames. Wow! All of the staff still in the office reacted in horror. I immediately told the crew to get her monitor out of there and replace it with an exact duplicate. Of course all of the memory was in the hard drive so nothing was lost and her computer was just sitting there ready for her to resume the article when she returned from lunch. I swore my staff to secrecy and no one ever told Avis about the mysterious fire that erupted in her monitor. In fact, this is the first time I am revealing this because Avis did finish the 10-part series that day and breathed a sigh of relief. I'm afraid she would have reacted quite differently if she knew what had happened while she was at lunch. A coincidence? One would suppose so, but no doubt those who delve into the dark regions of illicit shamanism do so for a reason. Evil can be manifested in many ways and in this day and age of modern technology; many of us do not understand the depths of spiritualism, real and imagined. The series by Avis exposed many false shamans and she believes to this day that the new owners of Indian Country Today should retrieve her series from the dustbins of the newspaper morgue and re-publish them because there are still many false shamans out there. --- Tim Giago is the president of the Native American Journalists Foundation, Inc., and the publisher of Indian Education Today Magazine. He can be reached at najournalists@rushmore.com or by writing him at 2050 W. Main St., Suite 5, Rapid City, SD. Native American Times. Copyright c. 2005 All Rights Reserved. --------- "RE: Unity achieved, say Numbered Treaty Groups" --------- Date: Wed, 9 Nov 2005 08:35:02 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NUMBER TREATY GROUPS UNIFY" http://www.ammsa.com/windspeaker/articles/2005/wind-nov-05-1.html Unity achieved, say numbered treaty groups By Paul Barnsley, Windspeaker Staff Writer, Edmonton November - 2005 The First Nation communities that are party to the numbered treaties have voted to unify and speak with one voice, and they intend that voice to be heard at the First Ministers' Meeting (FMM) in Kelowna this month. The "Gathering of Treaties 1 to 11" occurred in Edmonton on Sept. 28 and 29. During that meeting a half-dozen resolutions were passed by an estimated 120 chiefs. Two of those resolutions will have a direct effect on the ongoing discussions involving the Assembly of First Nations, the department of Indian and Northern Affairs and the Aboriginal Affairs Secretariat of the Privy Council Office that will culminate at the FMM. Tsuu T'ina First Nation (Alberta) Chief Sandford Big Plume was the mover of the "Declaration of unity between the treaty nations of treaties number one to 11" resolution. Rolling River First Nation (Manitoba) Chief Morris Shannacappo seconded the resolution. Shannacappo told Windspeaker on Oct. 24 that the treaty nations will demand a seat at the table at the FMM. "If we can't get a seat at the First Ministers' Meeting, we're going to run a parallel meeting at the same time with press conferences outside," he said. The numbered treaties cover an area stretching from around Sault Ste. Marie, Ont. to the top of the Rocky Mountains, south of the 60th parallel. The declaration of unity created the position of national treaty spokesman, and Big Plume was appointed. The resolution also called for the creation of an "interim treaty council of chiefs" and a "treaty chiefs secretariat." The secretariat will require a staff and office. Shannacappo said the "living rolling draft" plan for the establishment of these entities is not complete. He didn't know where the treaty office would be located. "I'm not certain. It may be smack dab in the heart of Treaty 1 to 11 country or it might be in Ottawa," he said. Those First Nation leaders who believe a hard line interpretation of the historical treaties is the only way to negotiate with the federal Crown appear to be saying through this declaration that the AFN is not pushing the treaty rights agenda far enough. Shannacappo was asked if that was a fair interpretation of the resolution. "That's exactly what it is. We have treaties that have to be looked at and worked at," he said. But setting up a national office with a national spokesman should not be interpreted as an attempt to reject the leadership of the national chief, he added. "It's going too far to say rejection. I'll say that we want to make sure that we have our treaty status conveyed to the national chief and to make sure that we're not throwing the treaties away," Shannacappo said. "We're trying to make sure that we're working with our national chief. We're not ousting him. We're not doing anything damaging, hopefully, not damaging to him. But we just want to alert him on some of the treaty issues and we want to work with him." The chiefs held a press conference during the two days of meetings in Edmonton to announce the unity declaration. "In the past there's been alliances, organizations put together to speak on behalf of our treaty people. But it's never gone nowhere, through funding, through budgets, through internal problems of our treaty areas," said Big Plume. "But now we have set all our issues aside and we want to come forward collectively. There's representation from every treaty area that has concerns with the national organization and the way our message is not being taken forward," he said. He was asked what it would take to satisfy his group during the FMM. "We have to be recognized as treaty people. We signed the documents to allow the sharing of the land. We have never been heard. We allow organizations to talk on our behalf, talk program. We don't want to talk program. We want to talk political process," he said. Back in March, at a special assembly in Vancouver, the AFN presented a draft political accord that was to be presented at a Cabinet retreat a few weeks later. The Alberta chiefs asked for time to review it and were essentially told there was none. Sources say there was great anger in the Alberta caucus after that. Big Plume hinted that that anger played a role in getting chiefs motivated to start work on unifying the numbered treaty groups. "The national organization that we now have representing us had an opportunity to listen to the concerns, especially of Alberta. When they went ahead and did not take Alberta's concerns ... and this has gone on in the past, we made very clear we did not like the process," he said. Sandford Big Plume denied, however, there was a rift growing between the Alberta chiefs and the Assembly of First Nations (AFN). "No, I have my brother with me, [AFN regional vice-chief for Alberta Jason Goodstriker] who is representative of the AFN. If there was, we would not allow him in the room," he said. Shortly after the Edmonton meeting, the Quebec chiefs met and discussed their dissatisfaction with the way information about the many initiatives being pursued by the national chief and his staff is distributed to the communities. The Quebec chiefs debated, but did not vote on a resolution that would have stated they would not be bound by any decisions made at the First Ministers' Meeting without their explicit approval. The resolution was sent to committee for more work and may resurface. First Nation officials in several other regions also expressed concern that the national chief's office has been slow to include the regions in decision-making and planning. Morris Shanacappo, the spokesman for the Treaty 4 nations in Manitoba, said his fellow chiefs are also feeling out of the loop. "We're feeling a little bit of that. In fact, we had discussions last Friday as to some of the goings-on with the AFN and the FMM and there's a lot of things in the air," he said. "The AFN didn't sign treaty on our behalf and they can't represent us at the treaty table because our ancestors here signed the treaties." Shannacappo said the treaty chiefs believe the federal government is trying to extinguish the numbered treaties and replace them with an arrangement that is more favorable to the Crown. "That's where they want to go, I do believe," he said. He points out that while there is an immense amount of work being done on what Prime Minister Paul Martin calls the "transformative change agenda, " there is no work being done in Ottawa on implementing the historic treaties. "There's no treaty policy," he said. "We still have to do a treaty audit to see what actually is owing to treaty Indians." Attempts to reach National Chief Phil Fontaine for comment on this development were not successful. AFN spokesman Don Kelly said the national chief travelled to Alberta to meet with Treaty 8 chiefs on Oct. 24. 'The national chief has stated many times that treaty issues are of key importance to the AFN," Kelly said when asked about the numbered treaty groups' resolution. "Treaties are central to much of what we do. And the national chief has also often stated that the AFN is not party to any treaty. Facilitating a way for a First Nation to get to the table is our role." Another resolution that came out of the numbered treaties meeting in Edmonton seeks to stop the off-loading of federal responsibility to provincial governments. The "Sovereignty, treaty relations and treaty implementation" resolution is three pages long and lists a variety of areas that fall under provincial jurisdiction that the officials working at the federal-AFN roundtable discussions are looking at. The resolution then calls for the creation of federal government processes for First Nations dealing with education, social services, health and other areas that are considered provincial areas of responsibility. The resolution reminds all the parties that the federal Crown has the fiduciary responsibility for treaty First Nations and goes on to call on the federal government to spell out clearly where its legal obligations begin and end. Analysts of intergovernmental affairs say the federal government continually looks for ways to force provincial governments to take responsibility for things the feds have been responsible for in the past. They say the federal government has quite intentionally resisted clearly defining its responsibilities because off-loading would then have to cease. Copyright c. 2005 Windspeaker - AMMSA - Aboriginal Multi-Media Socirty. --------- "RE: Ol' Pataki wants a casino! Ee-ya! Ee-ya-yo!" --------- Date: Sunday, November 06, 2005 06:36 pm From: frostyca2000 Subj: Ol' Pataki wants a casino! Ee-ya! Ee-ya-yo! Mailing List: Frostys AmerIndian Ol' Pataki wants a casino! Ee-ya! Ee-ya-yo! MNN. Nov. 4, 2005. Let's figure this out. A casino here. A casino there. Everywhere a casino. Nowhere a casino. New York State Governor Pataki and the St. Regis Mohawk Tribe Inc., that NYS set up, have put their shovels away. Instead, the casino junkies are digging out horse buns to put one in at Monticello Raceway in Sullivan Country of New York State. The tribe abandoned that site in 2000, but revived its interest in September. Monticello Raceway in the Catskills got Bureau of Indian Affairs (BIA) approval way back in 2000. There was no referendum in Akwesasne or in Sullivan on this project. One representative can't sign away constitutional rights. A constitution can only be changed with the consent of the majority of all the people, in a free vote and with a clear question. The constitution sets out the structure of how people are organized. No doubt about it, they broke the law. The Tribe is in the hole about $18 to $20 million to Park Place, Caesars and now Harrah's. They change their names like they change their shorts! Who's paying off this bill? New York State should pay it off because St. Regis Mohawk Tribe Inc. is their creation. All of New York State is Indigenous unsurrendered land. Pataki was waving a land claim settlement in front of the greedy tribal council in exchange for a casino. They were planning to turn a piece of land somewhere in New York State into a `reservation' which they would put in trust with the BIA. The scheme was all illegal. What did them in was the opposition by the Mohawk Great Law Longhouse in Akwesasne who are the real Kanion'ke:haka Nation. They filed a "constitutional jurisdiction question" in all the fraudulent Indian land claims settlements that got filed in NYS. The question the Mohawk Nation Longhouse filed is: How did you ever get jurisdiction to deal with Indigenous sovereignty and lands? They know they don't have it so they didn't answer. All the New York State claims to our lands folded like, shall we say, a "deck of cards". Pataki is still trying to get out from under the mess. New York State has no business putting anything that's not theirs into trust. The casino is unconstitutional! According to the law of the land, they have to ask the constitutional Longhouse people for permission through the U.S. President. Thursday the tribe sent a letter to their colonial masters at the BIA. The BIA's unconstitutional job is to take the land into "trust" for any native gaming operation not on a reservation. A reservation is something that is "reserved" or "held back". They're supposed to be lands that retain the original Indigenous jurisdiction. Since none of New York State and beyond was ever surrendered, there is nothing to reserve or put into trust. The BIA decided not to take the land into trust for a casino. Because they can't. "Just gimme that paper and I'll sign it!" said two of the three tribal chiefs, Lorraine White and Barbara Lazore. They'll sign anything! This is an old tradition. The colonizers have always looked for people to sign anything so long as it's not theirs. They jumped ship and signed with Empire Resorts. All the so called chiefs are being pulled by different casino companies. The former chiefs, Paul Thompson, Hilda Smoke and Alma Ransom, got $3 million from Park Place. Where did that go? They all get "sell-out" fees called "finder's fees". Another racket! What happened to the other chief, James Ransom? He was the head cheese on all these big land and rights giveaways. Where was he? In the bathroom? Out to lunch? Said Ransom, "Aw! Geez! I must have come back to the office late, or something" (or words to that effect). Or he may have already signed something with someone else. Signing and lining his pockets. Mr. Ransom has divided loyalties. He told Indian Times, on September 15, that his heart belongs to Harrah's. He said something like, "I took their money. I can't back off now". Not only that, but "We owe them $23 million for [non]development costs". It gets murkier. Sounds like someone's on the run. Where can he go? Ransom, in what seemed like a small wimpering voice, said, "Harrah's has already spent $40 million of its own money". This is money "honestly" earned by catering to people's gambling addictions. (Well, Jim, you'd better start paying it back soon, or your true love will make sure you lose your knees or more ? and you better keep your hands out of the pockets of the people of Akwesasne.) Ransom went on, "Kutscher's is better for the tribe". It gives more land and control over businesses like a hotel. (Well, Akwes', get ready to start mopping floors and changing sheets!) He seems to have blind faith in the higher and wiser Kurtscer's. He believes them when they tell him, "We'll give you more control, Boy!" Yes, he can deal blackjack at minimum wage. The Kutscher project was awaiting approval by the New York State legislature as part of Gov. Pataki's Mohawk Land Theft Bill. He even got the Assembly to back it in June. Senator Majority Leader Joseph Bruno, wants the Mohawk deal to be combined with other tribes. They want all the tribes to sail together and go down together. Kill more birds with one tomahawk. The government wants to have a casino. It has to be on Indian land. It's all illegal! All parties know that. They're still trying to figure out how to get federal, state and local laws to override the constitutional Indian sovereignty and jurisdiction on NYS land. So they've put on this big show that it's a casino for the Indians. Really it's a Las Vegas-NYS casino. They'll make `all' the money. A few sell-out Indians will get rich. Gov. Pataki just got a copy of Thurday's letter. His spokesman Saleem Cheeks said "We're reviewing the letter and its implications at this time." This means, "I know what those smoke signals really say. We've been spammed enough by those Mohawk Longhouse people. They're just waiting to zap us again with one of their constitutional jurisdiction arrows. I can't stand it anymore." Mr. Ransom said. "Even with the Governor's approval, the Monticello project may still have to undergo an environmental review by the U.S. Department of the Interior". There you go. Another tin cup. All these people have to be paid off somehow. Tribal spokesman Brendan White said, "The decision to drop plans for Kutscher's was recent". With all the scandals among the tribal chiefs, and the scandals in Washington, they'd better think hard and long about their few meager options. Come clean, get out or go to jail. White is crying, "Pretty please, Governor, say yes. Look at all we tried to do for you." Pataki's alleged retort, "Almost is not good enough". He knows it's not legal and it's dangerous for him to sign. Now the House of Representatives has a bill that won't let a `tribe" build a casino off its reservation. Eeek! Another one right next to Akwesasne Mohawk Casino! More jobs for non-Indians. Mrs. White, Mrs. Lazore, Harrah's and Kutscher's did not return calls. No wonder! This reeks of greed, scandal and lawlessness. Brendan White said the tribe plans to officially announce at a noon press conference on Monday, November 7th, in Albany (Why not at Akwesasne?) what Mrs. White's been secretly doing without getting the consent of the people. Could it be her own personal casino? We hope we aren't painted with the same brush as White and Lazore who seem to be close to Gov. Pataki. They're wheeling and dealing with him. They could convince him to get up in the middle of the night while he's half asleep and sign the darn thing. This would only be a personal contract between two parties. If it is used as an agreement to exchange our land and assets for a casino, is it fraud? Fraud is based on a misrepresentation. Is it legal for someone to give our assets for something we've never agreed to? Can anybody use my credit card to buy something without my knowledge or consent? All we're hearing is, "She said", "He said", "They said", "I said". They're all corrupt, the BIA, the Department of the Interior, New York State, all the lawyers and judges that aid and abet them and the sell-out Indian trustee puppets. They're all sleeping in the same big dirty bed. The sheets have never been changed. They all have the same disease ? "casino-itis!" They've got slot machines, routlette wheels and poker tables on the brain. Now they want to put them at a race track. It's a stampede. They're being herded by greed. Don't they notice they're all heading over a cliff? It's a mess. Everybody's suing everybody. Everything's coming out in the open and the bluffs have been called. We must all keep our eyes open. It's a few crooked Indian and white politicians and business people, not the Indian nation. These crooks are trying