_ __ _____ __ _ __ ___ ____ _ __ ___ ' ) / / ') / / ) ' ) ) / ) / ' ) ) / ) / / / / / / /--/ / / / ___ / / / / ___ (_(_/ (__/ ( / (_ / (_ (___/ '__/_ / (_ (___/ ' ____ _ , ___ _ , ___ / ' ) / / ) ' ) / / ' VOLUME 13, ISSUE 048 / /-< / /--/ /-- __/_ / ) (___/ / ( (___, 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 26, 2005 Western Cherokee Nvdadegwa/Trading Moon Passamaquoddy Kelotonuhket/Freezing Moon Mohawk Kentenhko:wa/Moon of Much Poverty Lakota waniyeto wi/Moon when Winter Begins +-------------------------------------------------------+ | 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: + -- -- -- -- -- -- -- -- -- -- -- + ======================== "Lewis and Clark were the beginning of our end. After them it was disease and famine and death." "Our ancestors opened our homeland to them; they went into their winter stores at risk to their own people to help these people who were here at a very bad time, in winter, too late to gather any foods. They would have died." __ Peggy Disney, Member of the Chinook Tribal Council +- -- -- -- -- -- -- -- -- -- -- -+ | 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! We will be going to the home of my wife's parents over the holidays to give thanks for all the good things our lives have been blessed with, but we will not be celebrating the lie that has become "Thanksgiving". http://www.eatel.net/~wahya/thksgvg.html The Story of "Thanksgiving" From chapter 17 of the book Where White Men Fear to Tread, by Russell Means "When we met with the Wampanoag people, they told us that in researching the history of Thanksgiving, they had confirmed the oral history passed down through their generations. Most Americans know that Massasoit, chief of the Wampanoag had welcomed the so-called Pilgrim Fathers - and the seldom mentioned Pilgrim Mothers - to the shores where his people had lived for millennia. The Wampanoag taught the European colonists how to live in our hemisphere by showing them what wild foods they could gather, how, where, and what crops to plant, and how to harvest, dry, and preserve them. The Wampanoag now wanted to remind white America of what had happened after Massasoit's death. He was succeeded by his son, Metacomet, whom the colonist called "King" Philip. In 1617-1676, to show "gratitude" for what Massasoit's people had done for their fathers and grandfathers, the Pilgrims manufactured an incident as a pretext to justify disarming the Wampanoags. The whites went after the Wampanoag with guns, swords, cannons, and torches. Most, including Metacomet, were butchered. His wife and son were sold into slavery in the West Indies. His body was hideously drawn and quartered. For twenty-five years afterward Matacomet's skull was displayed on a pike above the whites' village. The real legacy of the Pilgrim Fathers is treachery. Americans today believe that Thanksgiving celebrates a bountiful harvest, but that is not so. By 1970, the Wampanoag had turned up a copy of a Thanksgiving proclamation made by the governor to the colony. The text revealed the ugly truth: After a colonial militia had returned from murdering the men, women, and children of an Indian village, the governor proclaimed a holiday and feast to give thanks for the massacre. He also encouraged other colonies to do likewise - in other words, every autumn after the crops are in, go kill Indians and celebrate your murders with a feast. In November 1970, their decendants returned to Plymouth to publisize the true story of Thanksgiving and, along with about two hundred other Indians from around the country, to observe a national day of Indian mourning." ---- Let me add that every year since 1970, the Wampanoag, along with many hundreds of Indians and Indian supporters from across the country, gather at Plymouth on Thanksgiving day to protest the lies and teach the American people the truth about our National "Christian" holiday. And it will continue every year until the truth about the colonies at Plymouth become common knowledge. -------------------------------------------------------------- http://www.nativecircle.com/mlm.html Mistakes, Lies & Misconceptions about American Indian people The Thanksgiving Myth Let me begin by stating that thousands of years before the 'official' Thanksgiving Day was proclaimed by Governor Winthrop of the Massachussetts Bay Colony in 1637, North American Indigenous people across the continent had celebrated seasons of Thanksgiving. 'Thanksgiving' is a very ancient concept to American Indian nations. The big problem with the American Thanksgiving holiday is its false association with American Indian people. The infamous 'Indians and pilgrims' myth. It is good to celebrate Thanksgiving, to be thankful for your blessings. It is not good to distort history, to falsely portray the origin of this holiday and lie about the truth of its actual inception. Here are some accurate historical facts about the true origin of this American holiday that may interest you ......................................... 'Thanksgiving' did not begin as a great loving relationship between the pilgrims and the Wampanoag, Pequot and Narragansett people. In fact, in October of 1621 when the pilgrim survivors of their first winter in Turtle Island sat down to share the first unofficial 'Thanksgiving' meal, the Indians who were there were not even invited! There was no turkey, squash, cranberry sauce or pumpkin pie. A few days before this alleged feast took place, a company of 'pilgrims' led by Miles Standish actively sought the head of a local Indian chief, and an 11 foot high wall was erected around the entire Plymouth settlement for the very purpose of keeping Indians out! Officially, the holiday we know as 'Thanksgiving' actually came into existence in the year 1637. Governor Winthrop of the Massachussetts Bay Colony proclaimed this first official day of Thanksgiving and feasting to celebrate the return of the colony's men who had arrived safely from what is now Mystic, Connecticut. They had gone there to participate in the massacre of over 700 Pequot men, women and children, and Mr. Winthrop decided to dedicate an official day of thanksgiving complete with a feast to 'give thanks' for their great 'victory'.... As hard as it may be to conceive, this is the actual origin of our current Thanksgiving Day holiday. Many American Indian people these days do not observe this holiday, for obvious reasons. I see nothing wrong with gathering with family to give thanks to our Creator for our blessings and sharing a meal. I do, however, hope that Americans as a whole will one day acknowledge the true origin of this holiday, and remember the pain, loss, and agony of the Indigenous people who suffered at the hands of the so-called 'pilgrims'. It is my hope that children's plays about 'the first Thanksgiving', complete with Indians and pilgrims chumming at the dinner table, will someday be a thing of the past. Why perpetuate a lie? Let us face the truths of the past, and give thanks that we are learning to love one another for the rich human diversity we share. (Written by John Two-Hawks) ********************** 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. Please get contact names, addresses, phone numbers and other information (especially target help group) to me as soon as possible. =========== THE FOLLOWING NEED YOUR ASSISTANCE PROVIDING =========== =========== WINTER AND HOLIDAY RELIEF FOR OUR REALATIVES =========== Subject: Minnesotan Relief Trip to New Orleans Dear Friends, As some of you know, I have family in New Orleans who lost their homes and one of our family members perished during hurricane Katrina. I've been working on hurricane relief in coalition with some very fine people since the hurricane hit. These folks, Mission from Minnesota, have planned a trip to take a group of folks down to work during Thanksgiving week with a progressive Black church to help folks down there clean up salvageable homes and do heirloom recovery in those homes that cannot be saved (so at least the families will recover photos and other important items). In light of FEMA's announcement today that they will no longer pay for hotels for something like 53,000 families starting December 1st, leaving these families to fend for themselves for housing, this trip becomes all the more important. About 30 people have signed up to take all or a portion of this 10 day trip. However, some of them are evacuees from New Orleans who are living here now. They are low on funds. We also have a 26 foot panel truck making the trip and we need to fill it up. Believe it or not, the thing people need most is FOOD, especially fresh produce. Toiletries and baby supplies are also needed. If you can help with funds or goods or think you might be interested in going on the trip yourself, please go to http://www.missionfromminnesota.org to get a list of goods needed and drop off sites, to donate online or to learn about the trip. The need is great and anything you can do is very appreciated. My sincere thanks, Michelle Gross -=-=-=-=-=-=-=-=-=-=-=-=- Date: Tue, 22 Nov 2005 09:13:37 -0600 From: "Karen Cooper" Subj: Holiday Assistance For those that do not know, for the past few years our NAGS Troop 389 has helped Hawks in the Wind Family, CNEAL and Walk of Faith Ministy collect clothing, household items, and toys for those in need especially within the native communities. The items help those in other native communities as well as our own here in AL. Last year we expanded outside of the AL, GA, TN areas to include communities in OK and SD. A trucking company and driver helped in the project. We do not have that option this December so we are hunting another company/driver to help with this project. Additionally we are projecting needing some 2900 + holiday presents for children of all ages for this December 2005. Last year we collected some 900+ items which were delivered locally as well as OK/SD. Toys, items for teens, blankets for elderly, bibles (New Standard), coats and sweaters are strongly recommended. We ask that clothing--especially children's be placed into boxes and labeled on outside. If clothing is used, please only send that which is gently used and make sure that it has been washed, dryed and folded before placing into the labeled boxes. Additionally this year, we are collecting sleeping bags, tents, bedding (blankets/pillows /sheets), and baby formula. Good working used or even new appliances are also needed (stoves, washers, dryers, microwaves, televisions, VCR, freezers, and refrigerators). We are looking for two commerical trucks w/ drivers that will volunteer time/transportation to this effort as well as the two trailers we currently have to go with items to go to MOWA Choctaws in AL, Houma Nation and Lower Choctaws in LA, and the group in Marble City (CNO). Our first focus will be in the southern states and we can always pick up these the northern areas next year. If you know a trucker that would like to volunteer to help, let us know, we are saying that we will be able to use them. Projected delivery dates are December 17th for MOWA Choctaw (AL) and Gulfport/Hattisburg/Bay St Louis areas; , December 10th for the Houma nations/Lower Choctaw (LA), and December 10th and 17th for CNO/Marble City. We had hoped for a December 3rd delivery date to MOWA/Choctaw and Alabamas in Livingston, but time is running short so going for the December 10 and 17th dates only. Monetary donations can be made to either troop, NATIVE, or Hawks in the Wind Food Pantry who has also been very supportive with food items. The checks/MO can be sent to my address and I will get to appropriate treasurer for that group. My mailing address is 30 Scurlock Road, Dora AL 35062. All are non-profit organizations, just make sure that you place Holiday Drive 2005 or service project in the memo space. If you want the money to go for something specific like repair materials, let us know. Lowe's, Home Depot, Walmart, and other department store gift cards will be accepted this year to help with the relief effort. Monies collected so far have purchased baby care items primarily--formula that does not not need water is very expensive to purchase. Nuppa Ku has decided to taking on his own holiday effort as a special project. He is asking his neices and nephews to consider buying a present for a child for the holidays as a way to help Santa and the elves not have to work so hard. Additionally Nuppa has talked TJ and I into giving coats to those in need instead of purchasing presents for the teenagers in our lives this year. He says that the older ones will understand. I sure hope so. If you would like to donate items for this service project, please contact one of us. Nuppa Ku's phone line is 205-648-7670. Our home number is 205-648-8975. My cell is 205-527-4234. Or you can email me directly at kcooper@uabmc.edu 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 ----------- - Reinstate Contempt Order - YELLOW BIRD: Against Norton Indian Humor makes me smile - Appeals court leaves - GIAGO: Ignore History Trust accounting to Interior and risk repeating it - Plaintiff in Indian Trust Case - JODI RAVE: Author vows to fight on embodied the Human Adventure - JODI RAVE: - MILLOY: 'Redskins' Both sides agree on latest ruling Mascot of Indian Genocide - Norton Pleads Ignorance - Maya Indians near Cancun need Aid Again and Again - Colombian Police clashed - US against Cultural Diversity Treaty with Indigenous People - U.S. getting a taste - Mapuche fights to Remove Benetton of its own Medicine from Homeland - Judicial activism - `Seizure' suffered raised on Oneida Nation Case at `Haudenosaunee Conference' - Fight over development - Yellowknives Dene threatens Canyon's Past reach Snap Lake deal - Uintas' Ute status debated - Lawyer Blasts mine Firm - Help for Hungry Explorers bid to extend Injunction now a Painful Irony - Disappeared Aboriginal Women - Raising consciousness not forgotten of Indigenous Issues - Native Prisoner - Connecticut Supreme Court -- Help needed with NAPN eyes Sovereign Immunity - History: Carlisle Indian School - Native American Health Care - Verse: Hawaiian Book of Days seen as Lacking - Rustywire: First Thanksgiving - Uranium Screenings - Del "Abe" Jones Poem: required for Compensation Semper Fidelis - Suquamish hope to find - American Indian Young Adult Novel Science in Healing Methods - San Francisco's - Virginia Tribes American Indian Film Festival may boycott '07 Events - Program enhances - Group fights violence Cultural and Academic Learning against Tribal Women - Raising consciousness - Home loans for American Indian Vets of Indigenous Issues - GIAGO: Is one Religion - Quiet Life ideal really superior to another for nine People, one Dog --------- "RE: Reinstate Contempt Order Against Norton" --------- Date: Tuesday, November 15, 2005 11:59 pm From: Bill McAllister Subj: Reinstate Contempt Order Against Norton FOR IMMEDIATE RELEASE: INDIAN PLAINTIFFS: REINSTATE CONTEMPT ORDER AGAINST NORTON WASHINGTON -- Today, the U.S. Court of Appeals for the District of Columbia vacated an accounting injunction entered by U.S. District Court Judge Royce C. Lamberth, principally because it found that the injunction was a product of the contempt proceeding that resulted in citations against Interior Secretary Gale Norton for, among other things, failing to initiate the accounting ordered on December 21, 1999. The civil contempt order was vacated because the Court of Appeals previously had concluded that it did not provide civil sanctions, coercive or compensatory. Now that the Court of Appeals has found that the accounting injunction was issued as a product of the contempt proceeding, plaintiffs plan to ask the Court of Appeals to reinstate the contempt order because the accounting injunction meets the standard of a coercive remedy. "Specifically, the decision today recognizes that the accounting injunction was entered as a direct result of the civil contempt proceeding held by Judge Lamberth and it suggests that the accounting injunction was fashioned as a coercive remedy for Interior's failure to discharge its accounting duties declared by the District Court on December 21, 1999 and affirmed by the Court of Appeals on February 23, 2001," said Dennis M. Gingold, lead counsel for the Indian plaintiffs. Accordingly, plaintiffs believe that the order that cites Secretary Norton for civil contempt should be reinstated forthwith and that the accounting injunction is a valid exercise of the District Court's authority to enforce its orders under U.S. Supreme Court rulings. Bill McAllister Spokesman for Cobell Litigation Team --------- "RE: Appeals court leaves Trust accounting to Interior" --------- Date: Wed, 16 Nov 2005 09:02:14 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="FOX WILL GUARD HENHOUSE" http://www.indianz.com/News/2005/011309.asp Appeals court leaves trust accounting to Interior November 16, 2005 A federal appeals court blocked a broad historical accounting of the Indian trust on Tuesday, citing the failure of Congress to spell out the federal government's fiduciary obligations. In a unanimous decision, the D.C. Circuit Court of Appeals threw out the accounting that had ordered by U.S. District Judge Royce Lamberth. A three-judge panel said the effort would have cost too much money and taken too much time given the current state of appropriations in which Indian programs aren't fully funded. "If the appropriations pattern should continue and the government's current $12-$13 billion estimate proves correct, an accounting of the sort ordered by the district court would not be finished for about two hundred years, generations beyond the lifetimes of all now living beneficiaries," Judge Stephen F. Williams wrote in the 16-page opinion. The court noted that both the plaintiffs in the Cobell v. Norton lawsuit and attorneys for Interior Secretary Gale Norton agreed the broad accounting would be impossible -- albeit for different reasons. The plaintiffs believe the lack of accurate records means the accounting won't ever be complete while the government cites limited resources and has adopted a restrictive view of its trust responsibilities. But since Congress failed to speak to the issue, the court said the Interior Department can proceed with its $335 million accounting project. "Thus neither congressional language nor common law trust principles (once translated to this context) establish a definitive balance between exactitude and cost," Williams wrote. "This being so, the district court owed substantial deference to Interior's plan." The Bush administration claimed the ruling as a victory for its trust reform efforts. "It is gratifying that our detailed and comprehensive plan to conduct a statutorily-mandated historical accounting has been underscored by today's decision," Secretary Norton said in a statement. The plaintiffs, in their own statement, said they would seek to reinstate a contempt citation against Norton. Dennis Gingold, the lead attorney, said yesterday's decision "recognizes that the accounting injunction was entered as a direct result of the civil contempt proceeding" that Lamberth held after Interior failed to start the accounting nearly two years after being ordered to do so. The decision came as key members of Congress introduced legislation aimed at settling the nine-year-old case. Rep. Richard Pombo (R- California) and Rep. Nick Rahall (D-West Virginia) of the House Resources Committee said the Cobell lawsuit has proven that trust records haven't been handled properly and that a full accounting hasn't been provided. "My intent in this process is to craft a bipartisan settlement that is full, fair and final," said Pombo, the chairman of the committee. "I will continue to work with Chairman Pombo and Indian account holders to bring fair compensation to those individuals wronged in the past and to ensure the integrity of the system for the future," said Rahall, the top Democrat. Sen. John McCain (R-Arizona) and Sen. Byron Dorgan (D-North Dakota) of the Senate Indian Affairs Committee previously introduced similar legislation to resolve the dispute. They held a hearing in July but ran into opposition to certain provisions by the plaintiffs, tribal leaders and the Bush administration. McCain, the committee's chairman, has subsequently said the administration has failed to detail its concerns with the bill, suggesting that official were waiting on favorable rulings from the appeals court. He also said the plaintiffs were objecting to the settlement provisions. The House and Senate versions leave out the settlement amount. The plaintiffs have called for a $27.5 billion settlement but Interior claims the amount owed is far, far less, possibly in the low millions. When the accounting project is completed, it would presumably show any mistakes in Indian trust fund. The D.C. Circuit yesterday said the plaintiffs could "challenges to the correctness of specific account balances" sometime in the future. Copyright c. 2000-2005 Indianz.Com. --------- "RE: Plaintiff in Indian Trust Case vows to fight on" --------- Date: Mon, 21 Nov 2005 08:38:05 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="COBELL WILL CONTINUE THE FIGHT FOR RIGHT" http://www.casperstartribune.net//ed36e7228ef0b8f9872570bf00269986.txt Plaintiff in Indian trust case vows to fight on By JENNIFER TALHELM Associated Press writer November 21, 2005 WASHINGTON - An appellate court decision last week that slapped down an order for a detailed tally of money owed to American Indians will not stop the Indian effort to recover billions in lost money, the lead plaintiff in the case says. "The government is not off the hook," said Elouise Cobell, a Blackfeet Indian who accuses the government of cheating Indians out of billions of dollars in royalties owed them for resources taken from their lands since 1887. The Interior Department still has to account for the money - just not in the way the District Court ordered, Cobell said in an interview with The Associated Press. "We'll fight on until we get that," Cobell said. "Or, if they admit the truth, that they can't do an accounting, then we'll take it from there." On Tuesday, a panel of the U.S. Court of Appeals for the District of Columbia ruled that U.S. District Judge Royce Lamberth's order to do a detailed historical accounting was unreasonable and an abuse of discretion. Such an accounting could cost up to $13 billion and take two centuries, the court said. Interior Secretary Gale Norton declared victory, saying the appeals court validated the government's less-detailed plan to account for the estimated $13 billion it has handled in trust for the Indians for more than 100 years. Lawyers for the plaintiffs say the case now returns to District Court over the question of how - or whether - to do the accounting. But exasperation with the case is growing in Congress. Some lawmakers said this week's decision underscores the need to end the court fight, which has dragged on for nearly a decade. "I think it's incumbent on Congress to come up with a fair settlement that is not only fair to the individual Indians involved but the taxpayer," said House Resources Committee Chairman Richard Pombo, R-Calif. Pombo and Rep. Nick Rahall of West Virginia, the committee's senior Democrat, filed a bill Tuesday to settle the case. Their bill is a companion to one in the Senate sponsored by Sens. John McCain, R-Ariz., and Byron Dorgan, D-N.D., Neither bill specifies a settlement amount. "It's in everyone's best interest to get this settled as quickly as we can," Pombo said. Although Cobell and her attorneys say they plan to keep fighting, the plaintiffs offered to settle earlier this year for $27.5 billion. McCain has said that amount is too high. The Indian plaintiffs say the government has mismanaged oil, gas, grazing and other royalties it has held in trust for individual Indians under an 1887 law. In 1994, Congress agreed and ordered the Interior Department to account for the money. But the plaintiffs now argue the government has so badly mishandled the trust and the records that an accurate accounting would be impossible. A spokesman for the Justice Department said he wouldn't speculate what is going to happen next in the case. Interior Department spokesman Dan DuBray also declined comment. Cobell blamed the government for dragging out the case. "Shame on Gale Norton," Cobell said. "She's a trustee to over 500,000 who need this accounting desperately. If the government can't do the accounting, she should tell the truth. That's what this is all about." Copyright c. 1995-2005 Lee Enterprises, a subsidiary of Lee Enterprises, Incorporated --------- "RE: JODI RAVE: Both sides agree on latest ruling" --------- Date: Mon, 21 Nov 2005 08:38:05 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="TRUST RULING" http://www.owlstar.com/dailyheadlines.htm http://www.helenair.com/articles/2005/11/21/montana/a07112105_02.txt Both sides agree on latest ruling in Indian landowner case By JODI RAVE - The Missoulian November 21, 2005 Interior Secretary pleased with order giving government more leverage to square accounts A federal appeals court last week gave the Interior Department greater leverage to complete an historical accounting a record of the account balances for tens of thousands American Indian landowners. Interior Secretary Gale Norton said she was "pleased" with the D.C. Circuit Court of Appeals decision. "It is gratifying that our detailed and comprehensive plan to conduct a statutorily-managed historical accounting had been underscored," she said in a written statement. The ruling comes in the wake of several previous court orders and congressional mandates requiring the Interior Department to get more than a half-million Indian landowner accounts in order. It also reverses a lower court's "reissued injunction" from February, in which a judge told the Interior Department how to do an historical accounting. (U.S. District Judge Royce Lamberth's original order was made in September 2003.) The appeals court said Lamberth shouldn't have relied on the old record because too much had changed in 17 months. "Instead of deferring to Interior's judgment about how best to execute the historical accounting, the district court set out in great detail how Interior must go about its job," wrote Judge Stephen Williams. "Under these circumstances, the district court abused its discretion by reissuing the injunction." This was one of the few court rulings in which both sides agreed. "We weren't surprised," said Dennis Gingold, attorney for Indian landowners. "But we weren't particularly worried either. We never wanted the injunction in the first place." The Nov. 18 appeals court ruling still requires an historical accounting. But it also gives the Interior Department approval to use accounting methods previously discredited by Indian landowners. "We all know they can't do an historical accounting from 1887 forward," said Elouise Cobell of Browning, Mont. "But they're telling judges they can do other types of accounting." The department has been engaged in statistical sampling to prove it can account for billions of dollars said to be missing from a half-million land-based money accounts belonging to Indian people. The sampling method is being used because the department can't do transaction-by-transaction accounting because of missing records and corrupted computer data. "Interior's decision to use statistical sampling seems especially reasonable in light of information submitted to the district court after it issued the injunction," wrote Williams. Interior officials have been under fire since 1994, when Congress passed legislation requiring the department to live up to its financial responsibility in managing the trust funds, or Individual Indian Money accounts. When the department failed to act, Cobell filed suit in 1996. Today Norton stands as the defendant in the largest class-action lawsuit ever filed against the U.S. government. The case is nearing its 10th year of litigation. It has since become a battle of numbers spanning 118 years. That's when the federal government appointed itself to oversee all money transactions from land-based accounts belonging to Indian landowners. Indians earned cash from grazing leases and mineral payments; the department estimates $13 billion has passed through the accounts since 1887. But Cobell's attorneys have said the government has done such a poor job managing the accounts that an historical accounting is now impossible. "It is not disputed that the government failed to be a diligent trustee," wrote Williams in last Tuesday's ruling. "In the two decades leading up to plaintiffs' ... lawsuit, report after report excoriated the government's management of the IIM (Individual Indian Monies) trust funds." Meanwhile, the Interior Department has been trying to convince the courts that it has the accounting fiasco under control. One of the reasons the appeals court reversed the lower court's accounting order last week had to do with cost. Before Lamberth issued his detailed accounting order, the Interior Department estimated its cost for a five-year period at $335 million. They said Lamberth's plan would raise their costs upwards of $13 billion, making accounting costs higher than the value of the accounts. Also, Congress had set spending limits on the historical accounting. At the current rate of appropriations, noted Williams, the accounting "would not be finished for about 200 years." Lamberth previously had spurned the department's call for statistical sampling. "Because the district court's ban on statistical sampling reflected no deference to defendant's expertise or to their judgment regarding the allocation of scarce resources, the district court abused its discretion by including that provision in the injunction," wrote Williams. Cobell said the lawsuit against the department "could be over tomorrow," if only Norton would admit her accounting experts can't do an historical accounting. Their next legal motion will argue that point. Within the next 45 days, they will ask the court to rule that an historical accounting is legally impossible because of the department's faulty information technology systems. On Sept. 19, the Interior Department released a "progress" report lauding its efforts to provide an historical accounting and for protecting computer account information. "Interior's accounting experts have uncovered no evidence of fraud or widespread systematic error in the U.S. government's handling of the Individual Indian Monies accounts, and the few errors that have been found are generally small in monetary value," wrote Norton in the report. Additionally, no evidence exists to show that "historical records have been altered or that hackers have tampered with electronic records." Yet a government test of the computer security systems proved otherwise. On Oct. 20, Lamberth ordered an Internet shutdown of the Interior Department's computer systems used for trust fund transactions. Interior officials asked the appeals court to hold off on the order and were granted the request. Additionally, a Sept. 6 memo from the Interior Office of Inspector General, said a testing of department information technology systems, including the Bureau of Indian Affairs, Office of Surface Mining, Minerals Management Service, Office of Special Trustee and the Bureau of Land Management departments that handle Indian trust fund transactions showed significant problems. Inspector General Earl Devaney said internal computer systems checks allowed hackers "to masquerade as authorized users, roam around in the internal networks of some of the most sensitive of DOI systems, and most recently actually manipulate data." But Interior officials have failed to acknowledge the findings. "The department and bureaus have, to date, expended considerable time and energy debating our findings, challenging our methodology, and impugning the credentials and integrity of our staff and contractors," wrote Devaney. Similar complaints have been consistently made, but "no one's ever listened to us," said Gingold. The recent appeals court ruling will allow the Cobell lawyers to pursue enforcement of a federal regulation that states federal agencies and department's information technology systems must be proven secure. "Unless systems are deemed to be trustworthy, none of the information in those systems and none of the reports based on the information can be used in a federal court," said Gingold. Copyright c. 2003 Associated Press. All rights reserved. Copyright c. Helena Independent Record; a division of Lee Enterprises. --------- "RE: Norton Pleads Ignorance Again and Again" --------- Date: Monday, November 21, 2005 04:35 pm From: Indian Trust ListServ Subj: Cobell v. Norton - Norton Pleads Ignorance Again and Again Ducks Responsibility For Poor Computer Security Mailing List: Indian Trust ListServ WASHINGTON, Nov. 21 - Faced with yet another scathing report giving her a failing grading for Interior Department computer security, Interior Secretary Gale Norton has informed the White House that she does not understand what is adequate security and continues to evade her fiduciary responsibility to 500,000 individual Indians. In a new filing in the long-running Cobell v. Norton lawsuit over the government's admitted malfeasance in its management of the Individual Indian Trust, Norton disclosed that she is fighting the Inspector General of her own department over the "poor" grade he gave her because of her refusal to protect critical trust data from malicious hackers. The Indian Trust consists of 11 million acres of land, oil & gas, timber, coal, precious metals and other minerals and natural resources valued in the hundreds of billions of dollars. The government's failure to safeguard computer files containing individual trust data of 500,000 Native Americans is a focus of the Cobell lawsuit. In an annual report dated Oct. 6, Interior Inspector General Earl E. Devaney warned Norton that she and her department are in violation of the Federal Information Security Management Act. FISMA requires Norton to ensure that computer systems are trustworthy and to protect critical data, including electronic trust records from unauthorized manipulation and misappropriation. The absence of trustworthy computer systems and the degrading integrity of trust data are major issues in the 10-year old Indian trust lawsuit. Despite knowing misrepresentations and false testimony to the U.S. District Court and the U.S. Court of Appeals by Norton, Associate Deputy Secretary James Cason and Chief Information Officer W. Hord Tipton that trust data is adequately protected, the Inspector General has confirmed anew the accuracy of Judge Royce C. Lamberth's findings that the Secretary has failed to protect the electronic trust records. "This is just the most recent report that proves Secretary Norton is unfit to be a trustee for Individual Indians and that she is utterly incapable of discharging the trust duties that the government owes to Indian people," Elouise Cobell of Browning, Montana, the lead plaintiff in the lawsuit, said with disgust today. In an Oct. 14 letter to Bush Budget Director Joshua B. Bolton, Norton confessed that the Inspector General's findings are "supported" by federal law and administration policies, yet she refused to commit to fixing the broken systems because she has already wasted $100 million dollars on the computer fixes. She has nothing to show for the computer expenditures except that this task is beyond her capabilities, the plaintiffs say. The IG's report comes after Devaney testified in the Cobell case that Interior's computer security is so bad that it gets failing grades. Citing Devaney's findings and recommendation to disconnect insecure computer systems from the Internet, Judge Lamberth recently entered an order directing Norton to cut her insecure computer systems from the Internet. The department has obtained a temporary stay from the Court of Appeals until these issues are briefed on the merits. A public version of the IG's report and Secretary Norton's appeal to the Office of Management and Budget are available at www.indiantrust.com ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ To view the latest information concerning this case, go to www.indiantrust.com --------- "RE: US against Cultural Diversity Treaty" --------- Date: Tuesday, November 15, 2005 11:19 pm From: Peter Webster Subj: US against Cultural Diversity Treaty Mailing List: Rez_Life Mailing List: CERTAIN Home Mailing List: CERTAIN Talk CONDI RICE TO UNESCO: KILL THE CULTURAL DIVERSITY TREATY The battle between culture and commerce is about to go public in a new confrontation pitting the Bush Administration and governments throughout the world. This blog has been slipped documents that show how U.S. Secretary of State Condoleezza Rice is working aggresively behind the scenes to undermine and scuttle a new UNESCO convention on the protection and promotion of the diversity of cultural expression. Hammered out by governments with input from artists and cultural delegations worldwide over years of discussion and negotiation, the agreement seeks, in the words of British Foreign Secretary Jack Straw, "to increase the range of cultural choices available to people and promote the free flow of ideas and information." To the Busheviks, that is a bad thing. A letter by Rice, circulated to Ministers by the US Ambassador in Denmark is seeking to "postpone action on this convention until we have had more time to address its serious flaws." And why? The rationale is blatant: to protect US economic interests, to secure the hegemony of the entertainment industry. Condi writes in black and white: "Due to its extraordinary reach and and the ambiguity of of its language, the convention, IF adopted, COULD (emphasis mine) be misread to impair rights under existing trade agreements and derail progress towards global trade liberalization at the WTO." In short, global trade - read US economic domination - must be allowed to trump measures protecting the world's cultural diversity. There is also a veiled threat by the US to leave UNESCO again if Washington doesn't get its way (after only rejoining the organization two years ago.) Rice concludes in a letter to the ministers involved with the new convention: "I urge you to get involved and work with us to assure that the convention does not undo all the good work we have done together at UNESCO." Translation from the diplomateese: 'Our way or the highway--do as we say or else!' "Rushing the convention through this year's General Assembly will hurt UNESCO's image," says a statement accompaning her "Dear Mr. Minister" letter filled with euphemisms and evasive language . This is hardball masquerading as softball. There are threats lurking behind all the convoluted language. A cultural activist who is privy to all the internal discussion writes: "They even threatened Iceland that the States would reconsider the American Keflavik Air-Base if Iceland voted for the Convention. Now they threaten to leave UNESCO again after only 2 years." JACK STRAW TO CONDI: EUROPE BACKS UNESCO Significantly, the British Foreign Secretary Jack Straw, often an American toady, wrote back November 1 in his capacity as President of the Council of the European Union "and on behalf of the Member States" rejecting the fears raised by Secretary of State Rice. His "Dear secretary" letter says boldly he "does not agree." "The convention does not authorize any action contravening internationally recognized human rights and cannot be used to justify such actions," he writes to contradict one of the worries the Secretary of States's raises. This conflict represents a serious split between the US and European positions. The US stance is outraging artists organizations and all the people who have worked so hard, and so long to come up with a draft document to strenghen cultural protections that all of Europe and other countries could support. They painsakingly did it--and now the US wants to kill it. I asked the Danish singer and cultural leader Pia Raug to explain what's going on here. WHAT IS AT STAKE "As far as Condi's letter and argument is concerned - in my view it is a very feeble attempt to circumvent the real reason: that the US government would fight hard to keep its global monopoly of the entertainment industry in the hands of the few US Majors. "In the connection with the UNESCO Convention it is an empty euphemism. The real reason why they pleaded for more time for discussion was that it would leave the administration time to force more countries into bi- lateral trade agreements (like they have done with some nations during the last year). To wait until the next UNESCO General Conference would mean that many more countries would not be able to sign it - because it would violate the bi-lateral trade agreements. Notice that WTO and trade is constantly mentioned alongside the human rights. "(UNESCO chief) Matsua's initial starting point 2 years ago was that a possible convention should be based upon the article 19 of the Human Rights Declaration - stating that freedom of speech is not only to have the freedom to say and express whatever you want - but also to have an equal public access to express your views - religious, political and artistic alike. "This Convention - if ratified by at least 30 countries out of the 151 who voted for the text - would be at least some kind of a safeguard against big American companies bringing countries (like Denmark for instance) to WTO-trials, TRIPS-tribunals etc. for being uncompetitive because we have very effective regulations and provide state subsidies for film making. It is am way to keep competition away from a global market starving for REAL film- making - feature as well as documentary. "Hunger for knowledge of REAL things goes hand in hand with your quest to get REAL news to the American people. As long as Administration, corporate business and trade ideology can succeed in keeping people ignorant of what happens in the real world they may be able to keep their world monopoly and control the world market. Does it sound disturbingly close to the reasons for waging a war in Iraq? Control over the global oil-market? "Condi writes that UNESCO will lose credibility if the Convention was adopted. What happened in actual fact was a humiliation of dimensions, when US insisted on having all their 28 proposals for alteration of the final text voted upon - one by one. "All 28 were voted down. One by one! True diplomacy would have understood this beforehand and not insisted. The rest of the world gave the States a serious blow to ITS credibility." Peter Webster peterweb@bendnet.com http://disturbingthecomfortable.blogspot.com/ --------- "RE: U.S. getting a taste of its own Medicine" --------- Date: Fri, 18 Nov 2005 08:18:34 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ANDEAN TRIBES RESPOND TO TRADE NEGOTIATIONS" http://www.owlstar.com/dailyheadlines.htm http://www.chron.com/cs/CDA/rssstory.mpl/business/3469052 U.S. getting a taste of its own medicine Andean states bargain to protect traditional therapy By MARK DRAJEM Bloomberg News November 17, 2005 Colombia, Ecuador and Peru are turning the tables on U.S. trade negotiators accustomed to winning tough safeguards for drug patents by demanding similar protection for traditional therapies made from roots and leaves. The rules against what these nations call the piracy of traditional knowledge will be one of the most contentious issues during trade talks this week and next in Washington, Ecuadorian trade minister Jorge Illingworth and other officials say. The demands threaten to create problems for drug makers, such as Merck Co. and Pfizer, as they seek to patent new medicines, and to derail President Bush's two-year effort to reach a trade agreement with the Andean nations. "It's the law of unintended consequences," said Michael Gollin, founder of Public Interest Intellectual Property Advisors, which provides free legal counsel to poor countries. For years the U.S. has pushed these nations to strengthen their patent rules, he said, "and now the countries are learning to use these to their own advantage." The Andean nations want "minor" protections for their native plants and the ways they are used, such as a rule requiring companies to inform indigenous tribes of any patent applications based on traditional knowledge and negotiate payment, according to Carlos Correa, a Buenos Aires-based consultant to those nations. U.S. and Andean negotiators began talks in Washington Monday and are seeking to wrap up before Thanksgiving Day. "Existing rules protect things that are made in labs, not things taken from the wild or cultivated over generations," said Renee Marlin-Bennett, chairwoman of the Global Intellectual Property Project at American University in Washington. The proposed changes would "redirect the rules to rectify some of the embedded imbalance" between rich and poor, she said. Copyright c. 2005 Houston Chronicle. --------- "RE: Judicial activism raised on Oneida Nation Case" --------- Date: Wed, 16 Nov 2005 09:02:14 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NEW JUSTICES=NEW JUST US" http://www.indianz.com/News/ http://www.syracuse.com//news-1/1132134319242141.xml Rulings change with justices Oneida nation lawyer points out differences in land claim decisions by Supreme Court. November 16, 2005 By Glenn Coin Staff writer The Oneida Indian Nation won a landmark land claim victory before the U.S. Supreme Court in 1985. The nation lost a major land case this year at the Supreme Court. The key difference: four new justices. "Whether or not you agree with decisions in the Oneida land claim, you have to acknowledge that the results of the two cases are very difficult, if not impossible, to harmonize," one of the Oneidas' lawyers, William Taylor, said Tuesday night at Hamilton College. "The only thing that has really changed in 20 years is the composition of the court." Taylor noted that only one of the five justices who supported the 5-4 Oneida land claim decision in 1985 is still on the court Sandra Day O'Connor. The court said then that the Oneidas had a right to pursue their claim, and upheld damages against Madison and Oneida counties for rent due the Oneidas. In March, however, the Supreme Court ruled 8-1 that the Oneidas had waited too long to try to regain land in Sherrill and could not claim sovereignty over it. Taylor gave a lecture titled "Legal Issues in the Native-American Land Claim Cases" to about 70 people Tuesday night. His was the last lecture of the semester in the college's "The Responsibilities of a Superpower" series. Taylor, whose wife graduated from Kirkland College in the late 1970s before it merged with Hamilton, was introduced by philosophy professor Bob Simon. Simon said the two Oneida Indian cases illustrate one of the important points in his Philosophy of Law class. "One of the issues we talk about is whether there is such a thing as the law," Simon said, "or whether judges simply find material in the law that supports their own politics." Judges involved in both Oneida decisions hinted at the latter conclusion, Taylor said. In the Sherrill case decided this year, Justice John Paul Stevens criticized his colleagues for overstepping their bounds and making decisions that should be left to Congress. In the 1985 case, notes taken by Justice Harry Blackmun show that fellow Justice William Rehnquist wanted to render a decision against the Oneidas "by hook or by crook," Taylor said. Taylor noted the majority in 1985 said the long passage of time since the Oneidas lost their land did not bar them from pursuing their claim. In the March decision, the court said the opposite: the Oneidas had waited too long. Taylor said Sherrill didn't even argue the passage of time argument in its legal papers filed with the Supreme Court. "Who is the judicial activist here?" Taylor asked. "Is it five justices (in 1985) who ruled that the Oneidas have the right to seek rent? Is it the eight justices in the Sherrill case who decided a case based on arguments not even briefed by the lawyers? Or is it Justice Stevens?" Copyright c. 2005 The Post-Standard. Used with permission. --------- "RE: Fight over development threatens Canyon's Past" --------- Date: Mon, 21 Nov 2005 08:38:05 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ANCIENT TREASURES THREATENED http://www.owlstar.com/dailyheadlines.htm http://www.tucsoncitizen.com/breakingnews/112105utah Fight over development, public access could threaten canyon's ancient treasures PAUL FOY The Associated Press November 21, 2005 SALT LAKE CITY - A remote Utah canyon that long concealed a string of ancient Indian settlements holds another surprise: The rancher who sold it kept the mineral rights and says he may use them. Waldo Wilcox, who for nearly 50 years kept the ancient Fremont Indian sites remarkably well preserved, said he kept the mineral rights because Utah wouldn't pay what he thought his 4,200-acre ranch was worth. Wilcox wanted $4 million but got $2.5 million for the ranch in remote Range Creek Canyon. The 75-year-old rancher said that before he opens the canyon to any oil- and-gas development, he would offer the mineral rights to the state - for a price. In the documentary "Secrets of the Lost Canyon," which airs locally Monday, Wilcox bitterly recalled negotiating with the state. "If Range Creek don't mean that much to them, I'm going to get every dime I can," he said. Competing interests have fought over Wilcox's family ranch since word got out that he planned to sell. Hunters want Utah to unlock the gates of Range Creek Canyon to unrestricted public access, opening an area described as controlling access to 75,000 acres of prime hunting ground on government land. University of Utah archaeologists worry about looting in a pristine canyon that holds everything from arrow shafts to half-buried village sites. Scientific American magazine described it as one of the most important discoveries of 2004. Fremont Indians lived in the region as hunters and farmers until about 800 years ago, when they largely disappeared from the area. But they left signs of their lives there, including detailed art and symbols on the canyon walls and stores of grains high in the cliffs. Tribes including the Utes, the Skull Valley band of Goshute and the Pauite have claimed to be descended from the Fremont. Archeologists at the University of Utah have been surveying some 2,000 sites in the canyon area and want them protected. Wilcox also fears public access would ruin Range Creek Canyon. But he says he's not above letting an oil company set up a drill rig in the canyon, in compensation for the state's lowball offer. State officials, meanwhile, are keeping Range Creek patrolled while the debate over broader public access goes on. Visitors are currently allowed in by government permit, but snowbound mountain passes keep the ranch inaccessible for up to seven months each year. On the Net: http://www.kued.org/productions/secretsofthelostcanyon Copyright c. 2005 Tucson Citizen. --------- "RE: Uintas' Ute status debated" --------- Date: Mon, 21 Nov 2005 08:38:05 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="REMOVED MEMBERS SUE" http://www.owlstar.com/dailyheadlines.htm http://deseretnews.com/dn/view/0,1249,635162932,00.html Uintas' Ute status debated Descendants suing to have court restore their place within tribe By Deborah Bulkeley Deseret Morning News November 21, 2005 FORT DUCHESNE - Maxine Natchees looks out over an open field where the tribal council used to meet outdoors under the willow trees. Today, the Ute tribal chairwoman remembers a vote she witnessed as a child. At the time, Natchees had no idea that legal wrangling over that vote would continue for more than half a century. The vote was one in which Natchees says the so-called mixed-blood Uintas terminated their Ute tribal status. Congress approved the 1954 Ute Partition Act, which disenfranchised some 490 tribal members. Today, some 665 plaintiffs are suing to regain their tribal status - in some cases relinquished while they were children or before they were born. The lawsuit, filed, Nov. 4, 2002, in U.S. District Court in Washington, D.C., claims the terminated Uintas were cheated out of their allotted share of tribal assets and claims the vote Natchees remembers wasn't legitimate. The U.S. Justice Department has filed a motion to dismiss the suit, which has been under advisement for more than two years. The motion claims the suit is a repeat of previous failed litigation, and that the statute of limitations expired more than 40 years ago. "They are trying to rehash decisions made years ago. . . . There have been over 24 federal suits filed on the Ute Partition Act," said William R. McConkie, attorney for the Office of the Solicitor. "I think every argument raised (in the suit) has already been raised." Plaintiffs' attorney Dennis Chappabitty claims the suit raises new questions about events leading up to the termination, and that the statute of limitations doesn't apply. He says he has proof of a conspiracy "to strip the Uintas of their identity and valuable lands, water and minerals." The partition created two classes of Utes - the terminated "mixed-blood," who were defined as less than one-half Native American, and the "full-blood" Utes who kept their tribal status. The lawsuit calls the termination a "grotesque experimental and genocidal federal policy," which plaintiffs claim was orchestrated by the Bureau of Indian Affairs and two other bands of Utes, the Uncompahgre and White River. Oranna Felter, a lead plaintiff and a terminated Uinta, claims that, despite the act's language, there is only one class of Uinta Utes. "We are part of the Uintas that wasn't terminated," she said. "When this case is won, we will take the "mixed-blood" off, and be who we are . . . 'Uinta Band of Ute Indians.' " But Natchees says the suit isn't any different from others that have been filed in the past. "The ideal would be for them to accept the fact that they were terminated," Natchees said. "It was their choice . . . the federal government went along." She added that the repeated litigation is draining funds from the tribe that would be better spent elsewhere. "Every time we have to appear in court, it costs money," Natchees said. "That money could be spent on other purposes - education, housing." Chappabitty, however, contends the federal government is presenting a false picture of what really happened. He claims the government violated a federally approved tribal constitution, which he says gave legal assurances that no one band could affect, negate or diminish the rights of any of the other bands. "We haven't found any clear and convincing evidence that the Uinta band voted to terminate themselves," he said. "That's been a fiction." As a result of the termination, the Ute Distribution Corp. (UDC) was formed to manage the nontangible assets allocated to the mixed-blood Uintas. Each person was given 10 shares. Many of the plaintiffs were children at the time. They say they were swindled out of their shares during tough economic times. The shares, they say, weren't supposed to be negotiable. Today, the shares' value is spurred by oil and gas revenue, said Pala Nelson, a member of the UDC board of directors. Nelson declined to release the value of a UDC share today, saying only that "it changes so dramatically as you watch the price of oil and gas." Chappabitty said the lawsuit is asking for either $10,000 or $3 million per plaintiff, depending on how the court characterizes the claims, and reinstatement of tribal status. Plaintiff Oranna Felter was 11 years old at the time of the partition, along with about one-third of all terminated Utes who were children, according to the plaintiffs. Felter says she was a young adult when her mother died, leaving five shares of her late younger sister's UDC stock. Felter said a local judge ordered that the shares be auctioned off. "My little sister's UDC stock should have never had to be 'sold' to pay 'bills.' " Felter said. "I didn't know what the laws were . . . they did." But to Felter, the issue is more than just money. It's about her identity as a Native American. "When they terminated us, they said, 'You're no longer Indian, you're white,' " she said. "They don't recognize our kids as being able to be enrolled (as Utes) or recognized. "Our own tribe treated us really bad, shunning us," she said. "Whenever we would go to sun dances they'd say you're terminated and you don't belong here." Chappabitty claims that 850 of the shares are owned by the Ute tribe, and that just under half the shareholders are non-Indian, something he claims goes against the intent of Congress. Nelson says including original mixed-blood shareholders, their heirs and the Ute tribe, the corporation is an "over 50 percent Indian company." She says she understands the frustration of those who sold their stocks early on, but said the the stocks included a warning not to sell them. "People have a right to sell their shares," she said. "At the time when they first started to sell, there was no oil and gas revenue." Copies of the shares provided by both plaintiffs and UDC stated that until Aug. 27, 1964, members of the Ute Indian Tribe had to be given "a prior and proper offer" before a sale to a non-Ute could be valid. It also warned that the stock should not be sold because its future value couldn't be determined. Chappabitty said the shares were never meant to be sold, and said the earliest version included "a stamped black and white notice that any sale, transfer, etc. is null and void. . . . "They very well knew they could come in and take advantage of poverty- stricken, uneducated . . . Indians," he said. Plaintiff Alvin Denver, 66, was terminated, and says he's not surprised the case has been pending for so long, even as the number of terminated Utes declines. He says only about one-fourth of the terminated Uintas are still alive. "Our issue is what is called a back-burner issue, according to the government," he said. "They divided families by doing this . . . now you've got haves and have nots. You've got a lot of jealousy. "We don't got long to go." E-mail: dbulkeley@desnews.com Copyright c. 2005 Deseret News Publishing Company. --------- "RE: Help for Hungry Explorers now a Painful Irony" --------- Date: Fri, 18 Nov 2005 08:18:34 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CHINOOK" http://www.owlstar.com/dailyheadlines.htm http://seattletimes.nwsource.com/chinook18m.html?syndication=rss Help for hungry explorers now a painful irony November 18, 2005 By Lynda V. Mapes Seattle Times staff reporter STATION CAMP, Pacific County - They were the kings of the Lower Columbia River, controlling a vast network of intertribal trade since before the time of the pyramids. When the Lewis and Clark expedition arrived in November 1805, it was the Chinook tribes that greeted them. The Indians were sharp traders, disgusted with the expedition's meager offerings, and quite comfortable commanding the terms of any deal. Some 200 years later, it was a construction crew that encountered the Chinook once more. Crews were rerouting a section of Highway 101 last January to make room for a park commemorating Station Camp - the explorers' westernmost encampment - when they inadvertently dug up remains of the Chinooks' middle village. The Chinooks' oral tradition told them the village was there, but archaeologists had assured them the river had washed it away long ago. Not true. Unearthed since have been remains of plank houses and some 10,000 artifacts, including a trove of trade goods documenting some of the earliest contact with non-Indians. In September, the intact remains of 10 ancestors of the Chinook people were disturbed. Most construction work has stopped while the Chinooks and government consider what to do next, including a redesign of the project. For some Chinooks, commemoration of the Lewis and Clark expedition and construction of the park are painful. "Lewis and Clark were the beginning of our end. After them it was disease and famine and death," said Peggy Disney, a member of the Chinook Tribal Council. "Our ancestors opened our homeland to them; they went into their winter stores at risk to their own people to help these people who were here at a very bad time, in winter, too late to gather any foods. They would have died." Gary Johnson, chairman of the Chinook Nation, can point to places at the construction site where he believes many more burials lie. "It was one, then two, then six, and now it's 10, and very clearly there are more. So we are just not sure what the tribe is going to do at this point," Johnson said. Park Superintendent Chip Jenkins says he seeks not a quick solution, but the right one. Station Camp is part of the newest national park, 12 sites along 40 miles of the coast, including the mouth of the Columbia. The finds at Station Camp enable what was once a Lewis and Clark park to be a one-of-a-kind interpretive center, showcasing the culture of the Chinooks and documenting the early fur trade they commanded, Jenkins said. Among the artifacts found are trade beads manufactured in Hungary and Czechoslovakia. Gunflints from flint-lock muskets, and musket balls. Metal objects that were probably nails traded off of ships, and iron projectile points. Fragments of mirror glass, Chinese exports and European porcelain. A fragment of coral from the Hawaiian Islands. To David Nicandri, the Station Camp story is full of irony. Nicandri, director of the Washington State Historical Society, is negotiating for completion of the park with a group that has been pushed to near invisibility. The Chinooks still are not recognized as a tribe by the federal government. The Clinton administration granted them tribal recognition in January 2001. But as the Bush administration took office, it immediately reversed the decision. It argued the Chinooks had too long a gap in their history, beginning in about 1880, in which they did not act as a tribe. It was a decision that, to the Chinooks, added insult to the injury of contact with the early explorers. That first contact marked the beginning of a period of devastating disease and diaspora, conditions that created the gap for which the Bush administration found fault with the Chinooks. The Chinooks, who number some 2,400 members worldwide, hope for federal recognition either by presidential proclamation or through an act of Congress. For now, the Chinook Nation is headquartered in a dilapidated former schoolhouse in Chinook, a command center for its fight with a government that dispatched the Lewis and Clark expedition, the explorers rescued by the tribe 200 years ago. Lynda V. Mapes: 206-464-2736 or lmapes@seattletimes.com Copyright c. 2005 The Seattle Times Company. --------- "RE: Raising consciousness of Indigenous Issues" --------- Date: Mon, 21 Nov 2005 08:38:05 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="INDIAN AWARENESS" http://www.owlstar.com/dailyheadlines.htm http://www.dailylobo.com//Consciousness.Of.Indigenous.Issues-1111735.shtml Raising consciousness of indigenous issues By Sunnie Redhouse Daily Lobo November 21, 2005 Native American Studies at UNM recognized issues facing indigenous people throughout the world Friday. "It was a chance to bring in indigenous people to share issues such as the struggle for land, education and the struggle against globalization," said Gregory Cajete, director of Native American Studies. "This is a rise of indigenous consciousness." The talk was part of a three-day event that took place on campus. The last event, Peacemaking in a World of Conflict, summed up key topics in previous panels and discussed resolutions that would eventually be presented to the United Nations. David Lujan, director of American Friends Service Committee-New Mexico, said the symposium is an opportunity for indigenous people to share issues facing their communities. "It's a time to look forward to the next decade of indigenous people," he said. "We wanted to stress the importance of relations to each other and creating relationships with each other." No students attended the symposium, but participants came from all over the world, including Colombia, Peru, Panama, Hawaii, Alaska, South America and Central America. Issues concerning many indigenous people in the United States included rights to land and water. Shannon Rivers, of the Akimel O'otham people from Arizona, said the issues discussed are essential to the declaration presented to the United Nations. The U.N. General Assembly declared Jan. 1 the beginning of the Second International Decade of the World's Indigenous Peoples. The focus of the declaration is to strengthen international cooperation for solving problems indigenous people have within their communities, according to a U. N. General Assembly report. Problems and possible solutions were made by participants and panelists at the symposium. They will be compiled and presented to the United Nations. A specific date was not given for the presentation. The document will be forwarded to participants in the symposium, communities affected and other national governments and international institutions. "One of the biggest issues we have is with our land rights and our water rights," Rivers said. "Now that we know we have these issues in our communities, we have to take it to an international and national level." With the help of translators, many panelists who spoke only Spanish were able to share issues about their communities. One visitor included Mino Eusebio Castro of Peru. He said communication with peers and the government is an important aspect in getting indigenous people's concerns heard. "We have to be able to communicate equal to equal," he said. "We shouldn't have to ask for the right of the earth. It is ours. We inherited it." Eusebio Castro spoke about the difference in governments he called horizontal government and vertical government. The horizontal government, he said, is one that includes civilians in its talks. The vertical government excludes and alienates civilians. "We still have a lot of work to do," he said. "We are visualizing what the future will look like. Our spirituality is where our culture comes from and where we get the strength to move on." Cajete gave credit to the American Friends Service Committee and other organizations in putting together the event. Copyright c. 2004 Daily Lobo, University of New Mexico. --------- "RE: Connecticut Supreme Court eyes Sovereign Immunity" --------- Date: Tue, 15 Nov 2005 08:49:27 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ANOTHER ATTACK ON TRIBAL SOVEREIGNTY" http://www.owlstar.com/dailyheadlines.htm http://www.thewesterlysun.com/articles/2005/11/14/news/news3.txt CONN. SUPREME COURT EYES SOVEREIGNTY; WITH REVIEW FOCUSING ON EASTERN PEQUOTS By The Associated Press - and Sun Staff November 14, 2005 HARTFORD - The Connecticut Supreme Court has agreed to review sovereign immunity, the longstanding doctrine that protects Indian tribes from lawsuits and provides other forms of independence from state and federal statutes. John Williams, a lawyer for Bradley W. Beecher, who has sought to sue the Mohegan Tribe, says the time is right to review the issue because some tribes, such as the Mohegans, are operating enormously profitable casinos. The Mohegans own and operate the Mohegan Sun casino in Uncasville. "Indian tribes have become so hugely commercial, they are acting like a business," Williams said. "For that reason the courts are increasingly wondering what they are." But a lawyer who represents tribes in New England says a tribe's finances have nothing to do with sovereignty. "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 Narragansett Indian Tribe based in Charlestown, and the Wampanoag tribe, which is based in Massachusetts but also has a number of Rhode Island members. Chief Justice John Marshall in the 1830s found that tribes have limited sovereignty as "domestic dependent nations," he said. "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." Charles Bunnell, a spokesman for the Mohegans, said the tribe welcomes the Supreme Court case. "We are confident we will prevail," he said. The state Supreme Court will review five cases involving sovereign immunity. Four involve investors and the Historic Eastern Pequots, a state-recognized tribe in North Stonington that insists it cannot be sued because federal and state statutes do not apply on sovereign land. The tribe's investors include Donald Trump and J.D. DeMatteo of Burlington. The Easterns - merged from the Eastern Pequots and Paucatuck Eastern Peequots into one tribe by the federal Bureau of Indian Affairs when it granted the group recognition - have also had their federal recognition denied by the BIA after the state, backed by the towns of North Stonington, Preston and Ledyard, filed an appeal The other case central to the Supreme Court review is the dispute between Beecher, a former state police lieutenant, and the Mohegans, who are also 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 counter lawsuit filed by Beecher earlier this year. Copyright c. 2005 The Westerly Sun. --------- "RE: Native American Health Care seen as Lacking" --------- Date: Wed, 16 Nov 2005 09:02:14 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HEALTH CARE LACKING" http://www.owlstar.com/dailyheadlines.htm http://www.baltimoresun.com/nov16,1,2430715.story?track=rss Native American health care seen as lacking By Kim Hart November 16, 2005 Getting sick is risky business for American Indians living in Maryland. At least, that's the way it seems to Theodore Lindamood, a Cherokee living in Somerset County, which the descendents of half a dozen tribes still call home. He sees no signs of the prosperous American Indian communities that once dotted Maryland's rural landscape. Instead, he sees people who are too poor, sick or uninformed to find the health care they need. "If you're native, doctors don't know you exist," said Lindamood, 49. "When you go to a clinic, it's like they don't even see you. You're invisible." He's never been to a dentist, and until this year he thought a complete physical meant taking his temperature and blood pressure. His injured back sends painful spasms down his legs, dizzy spells knock him off his feet, and he sometimes can't remember what happened only days ago. Recently he discovered a lump in his testicle that he's afraid might be a sign of cancer. State officials and community health experts agree that many of the 40, 000 American Indians in Maryland have a hard time finding adequate health care. There's not enough data about American Indian health issues or funds to address them. Many American Indians are intimidated by the paperwork required to get help, and those who do seek health attention often feel unwelcome in doctor's offices. "Because they are such a small group, Indians are often overlooked when it comes to addressing minority health issues," said Carlessia Hussein, who directs the Office of Minority Health and Health Disparities, which the General Assembly established last year. Their numbers may be small, making up only 0.7 percent of Maryland's population in 2003 according to the U.S. Census, but studies show that American Indians have more health problems than many other minority groups. According to the Centers for Disease Control and Prevention, Native American adults are more likely than their white and black counterparts to be overweight, diabetic, smokers and moderate to heavy drinkers. They are also more likely to have dental problems, heart disease and hearing loss. Their mortality rates from tuberculosis, chronic liver disease and suicide are higher than those of other minority groups. The lack of preventive care available in Maryland's American Indian communities is perhaps the largest problem, said Claudia R. Baquet, director of the Center for Health Disparities at the University of Maryland School of Medicine. Because there is such little data on American Indians in Maryland, she's found that many local health care professionals don't know what to look for when treating them. That makes many patients feel misunderstood by providers, she said. Since Maryland does not officially recognize any of the state's tribes, they are not eligible for direct federal funding. Native Americans with Maryland roots, such as the Susquehannock, Cherokee and Piscataway-Conoy, have settled in pockets on the Eastern Shore, but more than half of the state's American Indian population lives near Baltimore and Washington. Many have moved from other states and belong to tribes that already receive federal funding, such as the Sioux and Creek tribes. But Indian Health Services, the federal agency charged with providing health care to recognized tribes, only operates clinics near reservations that are hundreds of miles west of Maryland. "About 90 percent of the people who come here have never even seen a reservation," said Crystal Godwin, a case worker at Lifelines Foundation, a nonprofit clinic that provides referral services to American Indians. About a third of the 17,000 Native Americans living in the Baltimore area are Lumbees, who migrated from North Carolina several decades ago. Helen Heckwolf is one of them, and she is trying to reinvigorate the Baltimore American Indian Center. She remembers when it was a thriving organization that provided support to Baltimore's American Indian population, but the center has lost funds in recent years. "We are just barely keeping the lights on," she said. "My dream is to have a center here to make sure that when people come to our doors they feel comfortable instead of powerless." Kim Hart writes for the Capital News Service. Copyright c. 2005 by The Baltimore Sun. --------- "RE: Uranium Screenings required for Compensation" --------- Date: Mon, 20 Nov 2005 08:42:04 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ONE MORE WAY TO SCREW THE MINERS" http://www.owlstar.com/dailyheadlines.htm http://www.daily-times.com//511190307/1001/NEWS01 Uranium screenings required for compensation to miners By Ryan Hall The Daily Times November 19, 2005 SHIPROCK - Vernon Henderson, 62, of Shiprock, recently sat in one of the rooms in the Indian Health Services Hospital here and waited while Dr. Bruce Struminger instructed him to breathe deeply while he listened to Henderson's lungs through a stethoscope. Henderson was a uranium miner from 1959-1962 in Colorado, he told Struminger. Uranium miners and millers, many of whom were Native Americans, were often exposed to radiation while working in mines in Utah, New Mexico, Colorado and Arizona between 1942-1971. Recently, Henderson has had some health problems, most noticeably weakness in his arms. "I can't lift," he said. Struminger told Henderson it was unlikely that exposure to radiation was causing the difficulties, but advised the former miner he should be checked out for respiratory problems, a common health issue for those exposed to uranium. Like many miners, Henderson took a job in the underground mines when he was young. The workers wore little protective clothing because they did not know the health risks associated with uranium and radiation exposure. "No (the miners) never knew (the dangers of uranium). That was when I was young. I just started working," Henderson said. After the doctor fnished listening to his lungs, Henderson was taken to a downstairs room in the hospital where his finger was pricked and his blood was checked in an arterial blood gas test, which shows the amount of oxygen in Henderson's blood. "It's phenomenally painful," Struminger said of the test. "But, it does give us a very accurate reading of how much oxygen and carbon dioxide is in the blood. It tells you whether someone's lungs are working." The test was originally developed for coal miners to diagnose a disease known as Black Lung, according to Struminger. Once his blood was tested, Henderson was moved to a pulmonary breath- test station. A machine was set up to read how much air Henderson could expel from his lungs, and how quickly he could do it. Henderson was placed in front of the machine and given a tube to breath in. At the same time she was explaining how to do the test, Shirley Wilson a respiratory therapist, was placing a pinching device on Henderson's nostril so that all of the air would enter and leave through his mouth. After several attempts, Henderson gave a long breath that satisfied the conditions set by the machine for a valid test. Struminger said the results showed Henderson had an obstruction of some kind in his respiratory system. "It's just hard for these guys to do (the test)," Struminger said, noting the patients' ages and degree of respiratory illness can make it difficult to give a valid reading. The final test was an X-ray of Henderson's chest, which may help doctors determine the obstruction. Henderson was at the hospital in hopes of qualifying for a United States Department of Justice compensation program for former uranium miners and millers. If his results meet or exceed the standards set by Congress, Henderson could receive a payment of up to $150,000. Struminger said he sees between 8 and 12 patients hoping to qualify for compensation every Tuesday during the hospital's uranium clinic. "Most of the people who come here are looking to get compensated," Struminger said, noting that in some cases, a CAT Scan is also performed in order to detect silicosis, which is a scarring of the inside of the lungs as a result of breathing in quartz during mining. Copyright c. 2005 Farmington Daily Times, a Gannett Co., Inc. newspaper. --------- "RE: Suquamish hope to find Science in Healing Methods" --------- Date: Sat, 19 Nov 2005 08:24:19 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SUQUAMISH HEALING" http://www.owlstar.com/dailyheadlines.htm http://www.northkitsapherald.com/id=537621&more= Tribe, UW hope to find science in healing methods - North Kitsap Herald By Tiffany Royal November 19, 2005 SUQUAMISH - For thousands of years, Native Americans have believed that their culturally-based traditional methods of healing have helped them live healthier lifestyles. While the Suquamish Tribe practices this belief by participating in an annual canoe journey, such remedies have yet to be scientifically proven. But, in partnership with the University of Washington, the tribe hopes to show, through clinical studies, that its ancestral ways can help troubled Native Americans. For the next three years, the tribe and UW will sponsor a project called "Healing of the Canoe," in which the two groups will work together to gather information from the tribe about its culturally-based traditions. Instead of university research staff shouldering all the studies, both parties will work together under the guidance and oversight of the tribe. Earlier this year, the National Institute of Health awarded the University of Washington a $1.4 million grant for the project, with the Suquamish Tribe as a subcontractor of the funding. The goals of the three-year project are to plan a community-based intervention or prevention program rooted in tribal values and traditions; put the plan into action within the Suquamish community; and evaluate the program to see if it is helpful in promoting wellness while reducing health problems for the Suquamish people. The first year will be primarily be spent gathering information from the community through interviews, focus groups and meetings, as well as allowing UW staff to establish a relationship with the tribe, identify community health issues, strengths, resources and traditions and values. Years two and three will be spent testing, evaluating and documenting the developed curriculum. The tribal canoe journey is the metaphor for the project, as it is an event that some Suquamish members have participated in and found to be helpful in getting their lives back on track after certain life struggles. It teaches members traditional protocol and helps members learn about themselves physically and spiritually and how to lead a clean and sober lifestyle. "It's been very healing for our people," said Chuck Wagner, the tribe's lead administrator for the behavioral health portion of the tribe's wellness program. The tribe uses the canoe journey as a part of its cultural teachings, particularly educating the youth how to respect themselves, their elders and their ancestry. However, these practices and their results have never been proven to scientifically work. "It's worked for tens of thousands of years but no one ever wrote it down," he said. A similar curriculum has been developed already with the Seattle Indian Health Board, working with Natives Americans from different tribes and in an urban setting. But the Suquamish project is a first of its kind as it will focus solely on the people within Port Madison Reservation and the canoe journey lifestyle, plus allow tribal members to have a strong voice in the project. It's also introducing a new way of how academia studies tribal culture. Historically, when academic institutions have tried gathering researching from tribes, the relationships between the two parties were not been positive. In some cases, conventional research methods have not respected the native way of doing things, said Lisa Thomas, the project's co- investigator and a research scientist with UW's Alcohol and Drug Abuse Institute. With the Suquamish Tribe, the relationship is expected to be different and much more positive, as the tribe will have just as much input on the project as the research staff. In fact, most of the project's staff will be hired from within the tribe. Thomas will be working with Suquamish tribal member Robin Sigo and Coast Salish and Kanaka Maoli member C. Truth Griffeth. The staff is currently seeking a youth tribal member, age 16-23, to fill the youth peer educator position. In the end, Thomas hopes the research from the Port Madison Reservation project will be able to be applied to other tribal groups around the country. "(We hope to develop) a model of a project and a process that other tribal communities can use to partner with universities to do research that is community-based and culturally grounded and is respectful of the community's values and traditions," she said. The project's principal investigator, Dennis Donovan, said the entire process will be a learning experience for all parties involved. "We hope (it will) be a two-way process of learning and sharing," he said. Copyright c. 2005 North Kitsap Herald. --------- "RE: Virginia Tribes may boycott '07 Events" --------- Date: Fri, 18 Nov 2005 08:18:34 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="JAMESTOWN ANNIVERSARY WITHOUT TRIBES" http://www.owlstar.com/dailyheadlines.htm http://www.dailypress.com/nov18,0,6878891.story?coll=dp-widget-business Tribes may boycott '07 events Indians seek federal recognition of their role in Jamestown's history. BY VICTOR REKLAITIS 223-5682 November 18, 2005 WILLIAMSBURG - Several Virginia Indian tribes could pull out from the Jamestown 2007 commemoration, if they aren't given federal recognition. Reggie Tupponce Jr., president of a group of six tribes called the Virginia Indian Tribal Alliance for Life, said he hopes that no tribes will refuse to participate, but it's "a distinct possibility." "It's irony in that we're being asked to be a part of (Jamestown 2007) as the first contact tribes, but we haven't gotten that acknowledgement of being the first contact tribes," he said Thursday in Williamsburg. Virginia tribes were the first to greet the settlers at Jamestown in 1607 and are credited with helping them survive. Hundreds of Indian tribes are recognized by the federal government, but none are in Virginia. Federal recognition opens the door to benefits such as health care, education and housing money. However, Virginia Indians have said they are more interested in simply being officially recognized by the culture that has changed and overshadowed theirs for four centuries. Tupponce's group represents the Upper Mattaponi, Chickahominy, Eastern Chickahominy, Rappahannock, Monacan and Nansemond. It will hold a news conference Wednesday about federal recognition and Jamestown 2007. The conference will take place in Richmond after an annual Indian tax tribute ceremony. In the ceremony marking a 1677 treaty, two tribes that are not part of the Virginia Indian Tribal Alliance for Life - the Mattaponi and Pamunkey - typically present deer, turkey or fish to the governor as payment for their reservations. Tupponce said there are a range of opinions within his group about boycotting the 2007 commemoration; some Virginia Indians want to participate no matter what. Officials at Jamestown 2007 had little comment on the matter Thursday. "We haven't seen the release, and we haven't heard anything that would cause us to think that plans for Indian participation might be disrupted," said Kevin Crossett, a Jamestown 2007 spokesman. Copyright c. Hampton Roads Daily Press. --------- "RE: Group fights violence against Tribal Women" --------- Date: Tue, 15 Nov 2005 08:49:27 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="VICTIM FIGHTS BACK" http://www.owlstar.com/dailyheadlines.htm http://www.newsok.com/xml/rss/1676995/ Group fights violence against tribal women By Judy Gibbs Robinson The Oklahoman November 14, 2005 Pauline Musgrove will never forget the night her first husband beat her and choked her for more than an hour before police arrived -- and carted her off to jail in handcuffs. Teenager tackles root of violence Charged with assault and battery because she fought back, Musgrove sat in a Tulsa County jail cell overnight with a broken pelvis and fractured vertebra while her uninjured husband, still in a rage back at the house, destroyed all her belongings. Although the charge was later dropped by a judge who apologized to Musgrove and scolded her former husband, she will never forget. The memory keeps her passionate about her work as director of Spirits of Hope, a statewide coalition of groups fighting domestic violence, sexual assault and stalking in Oklahoma Indian Country. With violence against Indian women approaching epidemic levels, their work keeps growing. "People don't want to know these things are happening, but a lot of women out there are being abused," said Musgrove, who is Cherokee. The statistics are daunting: Indian woman are 2.5 times more likely to be victims of domestic violence than any other race or ethnic group; 3.5 times more likely to be victims of sexual assault; twice as likely to be stalked, according to the National Task Force to End Sexual and Domestic Violence Against Women. "Violence against women has reached epidemic proportions in many Indian communities," said Tex Hall, outgoing president of the National Congress of American Indians in an Oct. 31 speech in Tulsa. Oklahoma-specific numbers are not available but probably are comparable, said Sarah Deer, a staff attorney for the Tribal Law and Policy Institute in West Hollywood, Calif. She was instrumental in organizing Spirits of Hope while employed by the Office of Violence Against Women in the U.S. Justice Department. "Those statistics seem accurate to people who are manning the hot lines, opening the shelter doors and talking to women who need legal counsel," Deer said. In September alone, Spirits of Hope processed 32 applications from battered Oklahoma women seeking legal assistance -- in most cases, a court order forbidding the batterer to have any contact with the victim, said Gail Jelinek, Musgrove's assistant. While drugs, alcohol, mental illness and other social problems contribute to those grim statistics, advocates say a checkerboard of police and court systems in Indian Country makes things worse. First comes the question of jurisdiction. In criminal cases on Indian land, race of the criminal, race of the victim, nature of the crime and status of the land where the crime occurred all can affect who investigates and prosecutes. "The tribes have no jurisdiction over non-natives. Therefore, if you are non-native, you can batter in Indian Country and if the federal government won't take the case, the batterer will go free," said Kelly Stoner, director of the Native American Legal Research Center at Oklahoma City University School of Law. Unless a tribe has its own law enforcement, investigating crime in Indian Country falls to the FBI, which is not organized as a first-line responder, said Edward Snow, assistant U.S. attorney for Oklahoma's Northern District. And tribal law enforcement -- including that provided by the federal Bureau of Indian Affairs -- is simply inadequate given the scale of the domestic violence problem, Snow said. "Their budget is stretched so thin, they can't enforce everything like we expect our local police to," he said. Sometimes cases fall through the cracks as prosecutors and law enforcement hash out jurisdiction questions, Deer said. More often, Indian women feel hopeless and helpless and simply fail to report, Snow said. "I don't think they feel the programs do much for them. They've really been treated rather poorly and this distrust is rather high, especially in a rural community," Snow said. Of the 300 or so criminal cases on Indian land filed last year by his office, no more than 15 were cases of violence against women, said Snow, who serves as a liaison between his office and northern Oklahoma tribes. Even when tribes have clear jurisdiction, investigate and prosecute a batterer or rapist in their own courts, current law ties their hands. Their sentencing authority is limited to one year imprisonment and a fine of $5,000. Indian advocates wanted to change that this year in legislation extending the Violence Against Women Act of 1994. The version now before a congressional conference committee includes, for the first time, a section recognizing the magnitude of the problem in Indian Country and earmarking for tribes 10 percent of all federal funding for domestic violence programs. It does not give tribal courts greater sentencing authority, Deer said. Copyright c. 2005 The Oklahoman/News 9, Produced by NewsOK.com. --------- "RE: Home loans for American Indian Vets" --------- Date: Mon, 20 Nov 2005 08:42:04 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HERSETH BILL PASSED" http://www.owlstar.com/dailyheadlines.htm http://www.aberdeennews.com/mld/aberdeennews/news/13212378.htm House adopts Herseth bill on home loans for American Indian vets Associated Press November 19, 2005 SIOUX FALLS, S.D. - A bill that has passed the U.S. House contains a provision from Rep. Stephanie Herseth, D-S.D., to make permanent a program that increases home loan opportunities for American Indian veterans, Herseth said in a release. The Department of Veterans Affairs' Native American Home Loan program directs home loans to eligible Indian veterans who want to buy, build or improve a home on tribal trust lands, she said. Herseth's bill, which has 17 co-sponsors, was folded into a larger measure. It passed the House unanimously on Nov. 10 and was sent to the Senate Committee on Veterans Affairs. Herseth said her bill to extend the pilot program until 2008 passed last year and that this year's bill would make it permanent. "Native Americans are proud and patriotic Americans who serve their country in high numbers, and once they return from their service, they should have every opportunity to purchase and own a home," she said. "Now, at a time in our nation's history when we are asking men and women in our Armed Forces for greater sacrifices, we must make sure we keep our promises to veterans, and honor their service." Rep. John Boozman, R-Ariz., and chairman of the House Veterans' Affairs subcommittee on economic opportunity, said he is grateful to Herseth "for her hard work on this bill and willingness to cooperate in a bipartisan manner on behalf of Native American veterans." The pilot program started in 1992. Since then, the VA has made 443 direct loans to Indian veterans, including 20 from South Dakota, Herseth said. The VA direct loans are generally limited to either the cost of the home or $80,000, depending on which is less. Copyright c. 2005 Associated Press. All Rights Reserved. Copyright c. 2005 Aberdeen American News. All Rights Reserved. --------- "RE: GIAGO: Is one Religion really superior to another" --------- Date: Tue, 15 Nov 2005 08:49:27 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="GIAGO: FORCED PATH" http://www.nativetimes.com/index.asp?action=displayarticle&article_id=7237 Notes from Indian Country Is one religion really superior to another? Tim Giago (Nanwica Kciji) Copyright c. 2005, Native American Journalists Foundation, Inc. November 14, 2005 I sometimes wonder if this Nation is moving forward or stumbling backward. The actions of the Kansas Board of Education would suggest the latter. By a vote of 6 to 4 the board chose to adopt new science standards that are the most far-reaching in this country challenging Darwin's theory of evolution in the classroom. According to an article in the New York Times, "The standards move beyond the broad mandate for critical analysis of evolution that four other states have established in recent years, by recommending that schools teach specific points that doubters of evolution use to undermine its primacy in science education." Among the most controversial changes was a redefinition of science itself, so that it would not be explicitly limited to natural explanations. Conversely, all eight members up for re-election to the Pennsylvania school board, a board that had been sued for introducing the teaching of intelligent design as an alternative to evolution in biology class, were kicked out of office by a slate of challengers opposed to the ID policy. The verdict on the Pennsylvania school board should be handed down in early January. If the ID policy is defeated in court the new school board could refuse to pursue an appeal. Many believe the challengers will simply withdraw the policy. Suppose the decision of the Kansas Board of Education becomes a reality? I would think that this would open the door on both ends of the spectrum. For instance, if creationism is to be taken literally there should be many questions asked of this theory also. As an example, when God created Adam and Eve were they created white, black, red, brown or yellow? If they were created white then how did they evolve into the different colors? Isn't that evolution? Several months ago I wrote on this same subject. I asked at that time to identify which creation theory would be accepted. There are many major religions in the world, some with much larger numbers than those calling themselves Christians, and they also have their theories of creation. Which theory of creationism should be accepted or should students study all of the different points of view? News commentator Bill O'Reilly says that 85 percent of Americans are Christians and therefore majority rules. There was a time not so long ago when the American Indian was in the majority. The difference was that the Indian people did not try to force their religious beliefs upon the new comers. The immigrants from Europe believed that since the Indians were not Christians, they were therefore heathens to be converted to Christianity. As the new settlers grew in numbers that soon overwhelmed the indigenous population, they not only forced their religion upon the Indians, they outlawed the religious practices of the indigenous people. Shaman and holy men were oftentimes imprisoned and more often than not, executed. I attended a Catholic Indian mission on the Pine Ridge Indian Reservation in South Dakota. We did not have a choice of whether we could study Darwin's theory of evolution or the creationism theory of the Holy Bible. We were indoctrinated into the creationism theory without question. For me at least, it killed any interest I would have had in studying science. Not because I was totally converted to Catholicism, but because I was never given the opportunity to seek out a different perspective from a scientific point of view. As the color of America changes and the different hues become predominant, this growth will also bring about a new face to the religious beliefs of those other than Christians. If things change so drastically that the races of color then become the majority and their religious beliefs are not those of the Christians, would the Christian minority allow them to push their religious theories into their classrooms? Frankly, in the old days when saying Merry Christmas to someone went unnoticed, I never really thought of it as a religious expression. In fact, excuse my ignorance, but I never really thought of "Christ" in Christmas. To me it was just an expression of the season. It wasn't until several years ago when I heard a clamor to "put Christ back into Christmas" that I ever gave it any serious thought. To me, if a Muslim greeted me in a manner traditional to them, or a Buddhist or Hindu or Jew, I would not take offense. If the greetings were in keeping with one of their religious holidays I would accept that greeting without question or offense. America is evolving into a nation of many races and many religions. There are indigenous religions dating back tens of thousands of years that are still alive and practiced amongst the indigenous people. The people of the Muslim faith are rapidly growing in numbers, as are those who practice a faith other than Christianity. So if we, as Americans, are to be held to a strict code of do's and don't by a faith that is now in the majority, what happens when it is in the minority? And you should not doubt for a single minute that this is not a possibility. Americans cannot continue to force institutions of public education to promote any single faith because if and when that situation is reversed they certainly would not want to become the victims of a more powerful and numerically superior religion. Now is the time to start looking 50 years down the road not when it is too late to do otherwise. In order to move forward America must go back to the beginning and look at what it says in the U. S. Constitution about separation of Church and State. But it must also confess and admit its suppression of the religious beliefs of those who did not practice Christianity. In other words, America must become all-inclusive and knock down this ideology of superiority that seems once more to be rearing its ugly head. --- 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: YELLOW BIRD: Indian Humor makes me smile" --------- Date: Tue, 15 Nov 2005 08:49:27 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="YELLOW BIRD: INDIAN HUMOR" http://www.grandforks.com/mld/grandforks/news/columnists/13169100.htm DORREEN YELLOW BIRD COLUMN: Indian humor makes me smile November 15, 2005 Storytelling on reservations comes from tales specially flavored with a different kind of humor. It is called Indian humor because it is culturally different in many ways.I thought about this Monday as big, white snowflakes drifted down across the black slats that cover the Herald's second-story windows. The first snowfall meant the beginning of story time for us. I used to ask my grandmother (I'm sure in a whiny voice, too), "Why can't you tell us stories any time?" "Because," she would say in a firm voice, "summer is the time to work in the garden, hunt or tend to chores." Folks on the reservation lived a difficult culture and way. In our lives today, we get fresh vegetables from farmers' markets. Some Indian people have lost their taste for gamy venison, and when we sew clothes or make blankets, we do it as a hobby and craft, not a necessity. Storytelling has an advantage over television and computers because it provides for a special kind of interpersonal relationship. Children's tales were different than adult stories in those days. My grandmother repeated tales about the coyote, ducks, crows, creatures with special powers, spirits and so on. We knew the stories by heart and listened to them over and over again. Those stories that my grandmother told us were about how we should live our lives. When you cheat or lie (like the coyote in the tale), you end up on the wrong end of the stick, so to speak, she would tell us. She was a good storyteller among the adults, too. It was a popular entertainment during her time. When I was a child, I remember hiding under the table (at least, I thought I was hiding) to listen to the adult stories. I didn't understand some of the Sahnish (Arikara) words or,for that matter, the meaning of some of the English words either. But from under the table, "us kids" would laugh when the adults laughed, even though we sometimes didn't know why the story was funny. In addition to my grandmother, I had two other grandparents, Rueben Ducket and Mary Little Sioux, who were exceptional storytellers, too. When they came to visit, people gathered, and they would talk and tell stories late into the night. Even though some of the stories were graphic or even off-color, there was different way about the telling. It certainly wasn't the tactics of television comedians. Human nature is funny and these storytellers made good use of it. As I grew, "us kids" learned this kind of humor. Many summer evenings, we would gather around on the porch steps or sit on the ground by the ball field and tell funny stories, and laugh until we couldn't laugh any more. Teasing was part of those times. In age, I was in the middle of my brothers and cousin-brothers and was teased mercilessly. Forever after that, teasing was funny, even if I was the butt of the tease. I remember fondly those days when my humor was budding. As I was thinking about Indian humor, I realized it is different than the humor of our non-Native peers. At times when I've been in a non-Native group, something a little risque' or "slapstick" would be funny to me and nobody else would laugh. My laughter grew from the sense of humor I learned those early days. When I attended Indian boarding school in South Dakota and Kansas, there was a little different flavor to our humor there, too. We developed our own words and expressions that we found extremely funny, while our dorm matrons would look at us with deadpan faces. Friends from those days will remember some of the terms, but when they say them out loud today, they seem awkward in conversation. At the time, it was our special language and our way of expressing humor. After marriage, I moved into the young adult circles in Oklahoma, Arizona, Oregon and Washington, D.C. Some of that humor carried over. When I look back on those days, I remember how much humor and laughter was incorporated into our daily lives. I lived in a time before "political correctness," so I certainly appreciate the importance of sensitivity in humor. When you are on the receiving end of bigotry or racism, seeing the humor in it takes the edge off. Indian humor is a subject of articles because it is somewhat different from mainstream humor. That difference is something I enjoy. So, participating in ceremonies or Native gatherings - especially where there are adults who remember this kind of humor - helps bring balance and harmony to my life and relieves stress. For Native people, those stories were a way to cope, to feel a part of the people. And, as my uncle Wesley Plenty Chief told us in ceremony, laughing is a gift from the Creator. ---- 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: Ignore History and risk repeating it" --------- Date: Fri, 18 Nov 2005 08:18:34 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="GIAGO: RISK REPEATING HISTORY" http://www.owlstar.com/dailyheadlines.htm http://www.billingsgazette.com//build/opinion/40-guest-op.inc Guest opinion: Ignore history and run risk of repeating it By TIM GIAGO November 18, 2005 The suicide rate for American Indians and Alaska Natives ages 15 to 24 is three times the nation's average, according to federal health officials. An Associated Press story quotes "experts" that see "poverty, alcohol abuse and domestic violence as factors in the high suicide rate. But the article adds, rather lamely, "but the problem has not been studied extensively." Has not been studied extensively? Why not? Suicide among teenage Indian boys and girls has been three times the national average for many years. One reservation in the Southwest had eight teenage suicides in one year. Another Indian reservation on the Northern Plains had a near epidemic of teenage suicides just a few years ago. Look beyond 'usual suspects' One can look at all of the usual suspects, such as "poverty, alcohol abuse and domestic violence," and study them to death, but these are only a small factor in the cause of suicide among young Indian men and women. A recent action by a Senate committee to increase resources for suicide prevention on Indian reservations is an action that should have happened 20 years ago. Sen. Byron Dorgan, D-N.D., who authored the bill said, "What's happening out there is devastating." Sen. Dorgan said that in an ideal world every reservation would have a mental-health professional, but Congress has so far been reluctant to provide a significant increase in funds for Indian health care. Not only has Congress been reluctant to increase funds for Indian health, it has been arbitrarily decreasing them. Indian Health Service hospitals across America have been cutting back on health care nearly every budget year. The saying, "don't get sick after June," is well known to the Indian people of America. Since the annual health care budget runs from January to December, it is common knowledge among health care workers that their budgets hardly ever stretch past June. And so for the final six months of any budget year, funding to the Indian hospitals is at best tenuous, but most often precarious. Losing in Congress Incidentally, Sen. Dorgan offered an amendment on the Senate floor to add $1 billion to Indian health care this June, but the Republican Senate voted it down. I hope all of those sudden Indian Republicans are taking notes. And yet this same Senate can authorize nearly $1 billion per week for Iraq. Hardly seems fair. The average life expectancy of a modern American Indian is nearly half that of a non-Indian. Infancy deaths are twice as high as for the rest of America's population. Diabetes has turned into the major killer of American Indians. And heart disease is fast becoming one of the major threats to the life of the Indian people. One-hundred years ago, neither of these killer diseases was prevalent amongst American Indians. In fact, they were practically unknown. Federal health experts say that for every completed suicide amongst Indian teenagers there are 13 attempts. And I am sure that most Indian health officials truly appreciate any extra funds that can be added to the Indian Health Service, but like all problems, money alone will not solve them. Tribal involvement Tribal governments must get more involved with the welfare of their children. During every election on every reservation in America the candidates always bring up the children and the elderly. "The children are our greatest resource for the future," they bellow, and "our elders are the fountain of our wisdom," they muse, and yet when they get elected to office, these are the first of their people that they shove to the back of the budget. The more than 100 years of boarding schools that attempted to destroy the culture, traditions, economy and spirituality of a people are just as much to blame for the condition of the Indian people today as slavery was to the black people of America. The scars run deep and too often the modern Indian educators and health-care givers totally overlook these more than 100 years of near destruction. We are often much too prone to forget that history plays an important role in who we are today. History ignored is history that will be repeated, and if the manifestations of the mental anguish that causes so many of our Indian teenagers to commit suicide can be traced to the bleak history of their ancestors, it must become a part of the solution. ----- Tim Giago, an Oglala Lakota, is president of the Native American Journalists Foundation Inc. Reach him via e-mail at najournalists@rushmore.com Copyright c. The Billings Gazette, a division of Lee Enterprises. --------- "RE: JODI RAVE: Author embodied the Human Adventure" --------- Date: Mon, 20 Nov 2005 08:42:04 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="JODI RAVE: VINE DELORIA" http://www.owlstar.com/dailyheadlines.htm http://www.billingsgazette.com//build/state/70-ntbk.inc Reporter's Notebook: Author, Indian activist embodied the human adventure Jodi Rave REPORTER'S NOTEBOOK November 20, 2005 A traditional healer on the Pine Ridge Reservation in South Dakota reminded my family that death can inspire both sorrow and hope. Our family would lose a loved one, the medicine man said. But he reminded us: We are not humans on a spiritual adventure but spirits on a human adventure. No spirit lived that human adventure more fully than Vine Deloria Jr., who died at 6:30 a.m. Nov. 13 in a Colorado hospital. Phones began to ring and e-mails started circulating that Sunday: A warrior of the Northern Plains had fallen, a warrior whose deeds have resonated far beyond the Great Lakota Nation. The 72-year-old Deloria - humorist, author, activist, philosopher, historian, theologian - was weakened by failing health during the last month of his life. Deloria's human adventure began in Martin, S.D., where he was born near the Pine Ridge Reservation. The Marine went on to earn theology and law degrees. His early work advocating for Indians began in 1964, when he agreed to lead the National Congress of American Indians as its executive director. His work at the helm of NCAI helped build the foundation for tribal self-determination, one of the most significant federal policies of the 20th century that continues to guide tribal self-governance. Deloria continued to establish himself as one of the leading voices for Indian people, writing more than 20 books of indigenous thought. His lifetime work has cast him as one of the 20th century's leading intellectuals. Additionally, he has played prominent roles in founding some of the most significant organizations in Indian Country, including the Native American Rights Fund and the National Museum of the American Indian. A citizen of the Standing Rock Sioux, who straddle North Dakota and South Dakota, Deloria established his genius with an uncanny ability to decipher complex issues relative to indigenous peoples, providing clarity and reason that allowed for a complete understanding of contemporary Indian America. The publication of his seminal first book, "Custer Died for Your Sins," in 1969 rooted him as the country's most influential voice for Indian peoples. His prolific range of writing covered expansive issues, including federal Indian policy, scientific discovery and traditional knowledge. While Deloria's books have been read around the world, the Creator blessed many of us with his presence in the classroom. Deloria spent more than two decades teaching at the University of Arizona and the University of Colorado in Boulder. While a journalism student in Colorado, I took every possible course Deloria taught. I ended up graduating from the journalism school with an emphasis in history. I've saved every note from his classes, carrying them from state to state. I've always known there would be a time to rediscover them. I've also saved recordings from several lectures. As a teacher, Deloria's wit and sardonic humor never waned. At least once during a course, he liked to tell students if he hadn't yet insulted their race, creed, religion or beliefs, give him time - he'd get to it. Despite an often gruff nature, a smile always surfaced. Several times throughout the course of his teachings, he would toss around ideas that intrigued him, encouraging us to explore them further, to question authority, to rock the world. I've heard him lament how books often failed to reflect reality, particularly science books. "You can't trust academia," he said. The award-winning author influenced my own writing career. He was steadfast in his belief that historical context be provided to explain the current political, social and economic fate of Indian peoples. Newspapers have become my venue to illuminate these topics. One of the last times I reported an event with Deloria, he was the guest speaker at the University of Nebraska at Omaha. He spoke of a book he was writing about traditional healers - our medicine men. A family friend said the book is complete and will be published. I expect it to be one of his most inspirational works. The title he picked at the time was "The World We Used To Live In." The book gave him the chance to explore how Indian people once commonly existed in both a physical and spiritual world. He told the story of a man who had a vision from the Elk Nation. In those days, you just couldn't say you had a vision, Deloria said. You had to prove it. The man proved his vision to his tribal community by singing an elk song. Then he walked across mud. Instead of footprints, the ground was imprinted with elk hooves. It's fitting that one of Deloria's last books will pay tribute to powerful medicine men. Indeed, his own life has been a testament to his connection between the physical and spiritual worlds. A family prophecy, beginning with the Yankton Sioux medicine man Saswe, marked four generations of the Deloria family as spiritual leaders. Vine Deloria represents the last generation of that human adventure. Jodi Rave covers American Indian issues for Lee Enterprises. She can be reached at (406) 523-5299 or jodi.rave@lee.net. Copyright c. The Billings Gazette, a division of Lee Enterprises. --------- "RE: MILLOY: 'Redskins' Mascot of Indian Genocide" --------- Date: Thu, 17 Nov 2005 08:54:16 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="MILLOY: MASCOTS DISRESPECT ALL" http://www.indianz.com/News/ http://www.washingtonpost.com/wp-dyn//2005/11/13/AR2005111301335.html Indian Mascots Disrespect Us All By Courtland Milloy November 14, 2005 Today's football game features the top-ranked Whiteys against the second- place Darkies, who got tarred and feathered the last time the two teams faced off. The Whiteys and the Darkies entered the imaginary league amid complaints that such names were inappropriate and offensive, but owners and fans alike insist the monikers are terms of endearment -- no different than, say, the Redskins. "Whitey means all-powerful, superior, masters of the game," one fan said. "It has nothing to do with racism, slavery or bilking American Indians out of Manhattan for $24 worth of beads." Fans for the opposing team are just as adamant. "Darkie means having melanin, which protects your skin from the sun and lets you work longer on the field," one said. "There is nothing derogatory about it. Back in the day, people would rub a darkie's head for good luck. They wouldn't do that unless they admired them for their magical powers." The most die-hard Redskins fans no doubt understand. To them, making a mascot out of a people that were nearly exterminated on their homeland is the ultimate show of respect. Makes all the schizophrenic sense in the world. Orin Starn, an anthropologist at Duke University and author of "Ishi's Brain: In Search of America's Last 'Wild' Indian," puts it this way: "From very early on, there is this dual desire to either kill or remove them [American Indians] to make way for the United States -- and, on the other hand, to romanticize them, to admire them, to be like them." The latter occurring only after the Indians die, of course. At the turn of the 20th century, Starn noted, when the demise of the Native American appeared all but imminent, the Indian began to be seen as "a noble, primitive man in touch with nature, a master of the arts of hunting and fishing." In 1933, George Preston Marshall coined the name "Redskins" for his football team "out of respect for American Indian heritage," as he put it at the time. And to this day, Dan Snyder, the current owner, maintains th