_ __ _____ __ _ __ ___ ____ _ __ ___ ' ) / / ') / / ) ' ) ) / ) / ' ) ) / ) / / / / / / /--/ / / / ___ / / / / ___ (_(_/ (__/ ( / (_ / (_ (___/ '__/_ / (_ (___/ ' ____ _ , ___ _ , ___ / ' ) / / ) ' ) / / ' VOLUME 14, ISSUE 052 / /-< / /--/ /-- __/_ / ) (___/ / ( (___, WOTANGING IKCHE - Lakota - Common News Wotanging Ikche and Native American News Copyright c. 1996-2006 nanews.org Aboriginal/AmerIndian Perspective about the First Nations of Turtle Island December 30, 2006 Passmamquoddy punam/frost fish moon Mvskogee rvfo-rakko/big winter moon Eastern Cherokee nvda gutiha/snow moon +-------------------------------------------------------+ | Much more happens in Indian Country than is reported | | in this weekly newsletter. For daily updates & events | | go to http://www.owlstar.com/dailyheadlines.htm | +-------------------------------------------------------+ Otapi'sin Atsinikiisinaakssin -- Blackfeet -- News for All the People Ni-mah-mi-kwa-zoo-min -- Ojibwe -- We Are Talking About Ourselves Aunchemokauhettittea -- Naragansett -- Let Us Share News Kanoheda Aniyvwiya -- Cherokee -- Journal of the People O Es'te Opunvk'vmucvse -- Creek -- People's New News O o O Acimowin -- Plains Cree -- Story or Account O o O Tlaixmatiliztli -- Nahuatl -- News O o o o o O Agnutmaqan -- Listuguj Mi'kmaq -- News O o O Sho-da-ku-ye -- Teehahnahmah -- Talking Birchbark O o O Un Chota -- Susquehannic Seneca -- The People Speak O Ha-Sah-Sliltha -- Ditidaht Nation -- News of the People Ximopanolti tehuatzin, inin Mexika tlahtolli -- Nahuatl -- For you we offer these words It-hah-pe-hah Ah-num pah-le -- Chickasaw -- Together We Are Talking Dineh jii' adah' ho'nil'e'gii ba' ha' neh -- Navajo Nation -- What's Happening among The People News Okla Humma Holisso Nowat Anya -- Choctaw -- People(s) Red Newspaper Hi'a chu ah gaa -- Pima -- The stories or the talk of the People s ch mA mL tL squee Lux -- Okanogan -- News from the People Native American News -- Language of the Occupation Forces ++>If you speak a Native American language not listed above, please send us your words for "News of the People." We'd rather take up this whole page saving these few words of our hundreds of nations than present a nice clean banner in the language of the occupation forces who came here determined to replace our words with their own. email gars@nanews.org with the equivalent of "News of the People" in your tribal language along with the english translation <================<<<< >>>>================> This newsletter is produced in straight ASCII text for greatest portability across platforms. Read it with a fixed-pitch font, such as Courier, Monaco, FixedSys or CG Times. Proportional fonts will be difficult to read. <================<<<< >>>>================> This issue contains articles from www.owlstar.com; www.indianz.com; www.pechanga.net; www.indiancountrytoday.com; Mailing Lists: Frostys AmerIndian, Chiapas95-En and Native American Poetry; 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 Quote: + -- -- -- -- -- -- -- -- -- -- -- + =================== "We have sat and watched them pass here to get gold out and have said nothing... My friends, when I went to Washington I went into your money-house and I had some young men with me, but none of them took any money out of that house while I was with them. At the same time, when your Great Father's people come into my country, they go into my money-house (the Black Hills) and take money out." __ Mawatani Hanska - Long Mandan +- -- -- -- -- -- -- -- -- -- -- -+ | Indian Pledge of Allegiance | The Indian Pledge of Alleg- | | iance was first presented | I pledge allegiance to my Tribe,| on 2 December '93 during the | to the democratic principles | opening address of the Nat- | of the Republic | ional Congress of American | and to the individual freedoms | Indian Tribal-States Relat- | borrowed from the Iroquois and | ions Panel in Reno, NV. NCAI | Choctaw Confederacies, | plans distribution of the | as incorporated in the United | Indian Pledge to all Indian | States Constitution, | Nations. | so that my forefathers | | shall not have died in vain | Walk in Beauty! Night Owl +- -- -- -- -- -- -- -- -- -- -- -+ +- -- -- -- -- -- -- -- -- -- -- -- -- -+ | Journey | In the summer and early fall | The Bloodline | of 1998 the Treaty Unity Riders | | rode a thousand miles on horse- | For all that live and live by law | back, carrying a staff and | We Stand, we Call, We Ride | praying each step of the way. | For All that fear and fear by sight | | We Hear, we Listen, we Ride | These prayers were offered for | For all that pray and pray by strength| each of us, and that the Unity | We Feel, we Move, we Ride | of all Peoples might happen. | For all that die and die by greed | | We Hurt, we Cry, we Ride | Tatanka Cante forwarded this | For all that birth and birth by right | poem on behalf of all the Unity | We Smile, we Hold, we Ride | Riders that we might stop and | For all that need and need by heart | ask if the next words we say, the | We Came, we Went, we Rode. | next act we make is for the good | | of the People or is it from ego | Treaty Unity Riders | for self. +- -- -- -- -- -- -- -- -- -- -- -- -- -+ O'siyo Brothers and Sisters For any form of care giving or care oversight to function, the first criteria that must be met is a clear understanding of those entrusted to that care and oversight. Indian child welfare is no exception to this simple requirement, but since inception of the Indian Child Welfare Act, the system has been rife with mismanagement stemming in a large part from a lack of understanding of the needs of Indian children. The lead and second articles in this issue provide a view of just how inept the system is. In the first, a child may have taken the suicide route after being shuffled through multiple homes and cultures. He never got a chance to be an Indian child. This is not the first such child; he is only the most recent of thousands. Sadly, he will likely not be the last. Throughout our many nations, sending loved ones on their Spirit Journey is as embedded in our way of being as is singing, dancing and praying. There is a wake, a dressing ceremony or some other way to honor these relatives who have shed their earthly robes and prepare them for their next place of being. This honoring also provides needed closure for those who mourn their passing. Yet, in the second article we learn a judge has denied the two brothers of this child the right to attend the funeral. This tells me the judge is either ignorant of our ways or arrogant or both. This is just one scene being played out in Indian country where the dominant culture presumes to determine the best way to care for children who are not of their culture. The picture is no prettier at the state level - at least not in Georgia. A few years back a welfare worker, who is herself of native blood, showed up at a festival and literally begged Indian families to make themselves available to provide foster care for Indian children the state was farming out to homes without any regard to the path followed in those homes. My wife and I were delighted such an opportunity had presented itself. We, along with several others, signed up and were assured the state welfare office would follow-up soon. In fact, we received a screening call shortly thereafter to determine if we were truly interested. There was a second, ostensibly to set up a visit. We never got another call. Further, when we called we were brushed off with first one excuse, then another. We were beyond frustration and finally quit calling about a month or six weeks later. We never got a chance to provide a needed Indian home to an Indian child that has probably joined the ranks of "lost birds." Nor were children ever sent to any of the other homes who had eagerly volunteered. A recent search for Indian children needing homes in Georgia turned up the curious finding that there seemed to be no Indian child in need. We'd like to think this is because all the Indian children in Georgia enjoy healthy, happy and intact homes. It seems unlikely, though, that Indians would escape the problems and perils that endanger families in all the other cultures in the country. Of course this is the same state where NPR deems it unnecessary to air Native broadcasting because "there are no Indians in Georgia." It is the same state where, until the Indians who unquestionably DO live in Georgia stood up and demanded a voice, that pow wows were regarded as "inappropriate" activities in state parks. My guess is that Indian children are simply identified as white, black or hispanic, just as we all were in Georgia after the removal, and those needing fostering are sent to families that at best are ignorant of their Native traditions, and at worst may be ashamed or hostile to them. Indian Child Welfare is doomed to failure and the children entrusted to it are doomed to lost lives as long as such disregard continues. All the hand-wringing in the world cannot hope to replace simple understanding and compassion borne from knowledge. 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 ----------- Editorial Section: - JODI RAVE: Tournament shines light . Indian Child Welfare on Native Athletes - Washington Teen's Death - YELLOW BIRD: Solstice brings called a failure of ICWA to mind wonder of Creation - Indian Siblings - GIAGO: can't go to Funeral Christmas and Lakota traditions - Assessing the Supreme Court - HARJO: 2006 Mantle of Shame Awards - Parties in Klallam Landfill - The Sober Racism Lawsuit Settle of Mel Gibson's Apocalypto - Cherokee Freedmen win round - JOHN ROSS: Year End Article - Navajo Soldier loses Arm - Zapatistas denounce in explosion in Iraq repression in Oaxaxa - National Bison Range, - B.C. Natives win right Ranchers defend Tribe to hunt at Night - Oneidas, U.S. say - Native leader asks PM don't let claim die not to shuffle Minister - Voting Rights Case settled - Troubled Waters in South Dakota - Historic Settlement - Ariz Attorney General: for School Abuse Victims Tobacco taxes off-rez only - Judge urges PM to apologize - Katrina Evacuees to First Nations in Danger of losing Homes - Siksika, A4 Bar Farm Operations - Navajo Nation: Joint Venture Shirley to Dayish: Butt out - Native Prisoner - Domestic Violence -- Jail shortfalls continues to be a problem anger Tribal Leaders - Lumbee Tribe must restart - Rustywire: push for Recognition Tazhii', the Turkey and Chee - Tribal review period shortened - Verse: Hawaiian Book of Days - Cobell honored for work - Del "Abe" Jones Poem: on Indian Trust Fund Case The Warrior's Holiday - Runner inspires others - Lee Goins Poem: to 'Honor our Ancestors' Christmas Eve They Took Jesus Away - Native tourney seeks NCAA's OK --------- "RE: Washington Teen's Death called a failure of ICWA" --------- Date: Mon, 18 Dec 2006 08:29:08 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ANOTHER LOST CHILD" http://www.indianz.com/News/ http://www.spokesmanreview.com/tools/story_pf.asp?ID=164773 Indian youth's death ends a troubled life Service today Benjamin Shors and Kevin Graman Staff writers December 16, 2006 VALLEY, Wash. - Even in death, the fate of Robley "Bobby" Carr Jr., remains unclear. This afternoon, in a small memorial at an evangelical church near this Stevens County town, Bobby's friends and family will gather to remember a teenage foster child and his traumatic life. After that, it's uncertain where the body of the 15-year-old will be interred. Bobby's foster father, Steve Horton, said he is unsure whether the boy will be buried near his hometown, or hundreds of miles away on an Indian reservation in Western Washington. The death last weekend of the teenager was a tragic coda to a child dependency case that dragged on for more than a decade as the state's Division of Child and Family Services and two small Native American tribes struggled to resolve where and with whom Bobby and his siblings should live. A descendant of the Nooksack Tribe in Western Washington, as well as Alaska's Hoonah Indians, the Carr children fell under a 1978 federal law designed to safeguard native children and keep intact their tribal heritage. But that law and its interpretation by social workers led to confusion, a string of court hearings, and tragedy, critics say. In 2003, the state and federal governments agreed to pay the Carr children $5 million after they were repeatedly beaten at a foster home on the Nooksack Indian reservation near Bellingham, Wash. Under the terms of the settlement, the children's money is managed by a professional trustee, with yearly payments. For Bobby, those payments would have continued until 2044 in case his abuse prevented him from holding employment, according to Allen Ressler, a Seattle attorney who represented the children. "To some extent, the Indian Child Welfare Act was used as an excuse for the failures on the part of the state to supervise the placements," said Ressler. "You had essentially two different entities saying, 'You're responsible.' 'No, you're responsible.' We felt, 'Hey, you're both responsible.' " The teenager's death remains under investigation. The Stevens County coroner is awaiting the results of a toxicology report. Horton, a 65-year-old divorced foster father, lives on Social Security disability income because he hurt his back in an on-the-job accident. Horton said his painkillers, which include the narcotic methadone, were kept in a locked case, as is required of foster parents. "I don't know if he got into my pills somehow or got something from somebody else," Horton said during an interview at his small cabin in rural Stevens County. "It is the worst thing I've ever been through." One child, many cultures Within a year of his birth in 1991, Bobby was removed from his parents' care amid concerns of substance abuse and domestic violence. In the next five years, Bobby and his three siblings - now 16, 13 and 11 - shuttled through more than a dozen foster homes. At each step, state social workers were required to consider the Indian Child Welfare Act. Designed to give tribes jurisdiction over their own children, the federal law attempts to meet two crucial hurdles: Remove children from dangerous families yet help them maintain cultural ties. Because of a dearth of Indian foster homes, state social workers must frequently place Native American children with non-Indian families. Those placements can result in a loss of Native American culture and a profound sense of isolation, according to a 1998 study. "There's a lost sense of identity (with the Indian foster children), not knowing where they fit," said Nancy Dufraine, Indian Child Welfare Manager for the state's Children's Administration. While Native Americans constitute only 2 percent of the state's population, they accounted for 17 percent of all child fatalities in Washington last year, according to a report by the state's ombudsman for children and families. Even top state officials don't know how many native children are in tribal placements. Under the federal law, tribes can choose to take jurisdiction over a dependent child or allow the state's child welfare system to care for them. But individual tribes are not required to tell the state how many children are in their foster care programs. "Some tribes will share the data, and some tribes will not," Dufraine said. "They want to be able to protect their constituents and their members." The Carr children's travails highlighted a litany of troubles plaguing native children in Washington's child welfare system. "This case is an example of any problem you care to name that DCFS has," said Rebecca Coufal, an attorney for the children's father. "Let's just say that if it could go wrong, it did go wrong. Over and over again." Bureaucratic battles In 2000, under a joint decision by the Nooksacks and the state agency, the children were placed in the home of a tribal councilwoman near Bellingham. According to court documents filed in the 2003 lawsuit, the state failed to review the safety of the home or conduct a criminal background check on the home's residents - one of whom had a previous assault conviction. Communication between the state and the Nooksack tribe broke down. School officials were accused of ignoring bruises on the children. The children "were beaten and tortured on an almost daily basis," according to the lawsuit. "No child should have to go through what they have gone through," Horton said. The youngest of the children, then 5 years old, lost three-quarters of his intestine after a teenager in the home repeatedly kicked him in the stomach. One of the girls had to be admitted to a psychiatric hospital. "I'm just crazed about the kind of foster homes they had these kids in," said a government employee, who asked not to be identified because supervisors had not approved the conversation. In the winter of 2000, the children moved into the home of Sharon and Vance Peterson, a Spokane County District Court judge. At the Petersons, the children had advocates and caring foster parents, said Ressler, the children's attorney. The Petersons "hold a special place in my heart," Ressler said. "I hold them in high esteem." But Bobby Carr continued to struggle. His "extreme sibling aggression and defiant behavior" led to a brief psychiatric stay and more foster homes, according to records obtained by The Spokesman-Review. In September 2001, Bobby moved in with foster parents Steve and Carol Horton, who lived in a log cabin near Waitts Lake in Stevens County. The couple was granted guardianship of the boy. "When we took him, we didn't know anything about what went on across the mountains," Horton said. Life in Stevens County From the start, the boy was a challenge. Sometimes he would spend hours crying for his mother, and at other times he would fly into violent rage. Horton wondered what could have happened to make him so angry. "I know Steve loved Bobby," said Sandy Peterson, Bobby's former foster mother. "Steve did miracles with Bobby, but Bobby was unhappy because he wanted a mom." In 2004, the Hortons' marriage ended in divorce. "Bobby took it bad," Horton said. "He called Carol 'mom' - except to her face. After she left, he was a wreck." Even after the settlement, disputes continued. Last spring, the Hoonah Indian Association filed a motion to modify the children's guardianship, arguing that the "minimal contact" between the children and their tribe had "adversely affected" them. In 2005, Bobby visited his tribal relatives in Alaska, where his sister lived in foster care. A state social worker accompanied Bobby. "When he came back from Alaska, he knew everything," Horton said. But in recent months, Bobby's attitude gradually improved, Horton said. The teenager was earning better grades and participating in football at Valley Elementary and Middle School. Even so, Horton remained concerned. Horton said Bobby took anti-depressants to help his mood. "He was depressed without question," Horton said. "He never talked about committing suicide." On the day before he died, Bobby and his foster father worked together making improvements on Horton's property. They worked until dark and then ate, and the teenager played video games, Horton said. Then they watched a movie and went to bed about 1 a.m. "We had a good day," Horton said Bobby told him. In the morning, Horton went into the boy's room to ask him to go to town. He found the boy dead with his German shepherd-Rottweiler mix puppy by his side. "He was a good kid," Horton said. "He was on the honor roll. He was coming around. But he still had anger deep inside and a lot of pain." Copyright c. 2006 Idaho Spokesman-Review. --------- "RE: Indian Siblings can't go to Funeral" --------- Date: Thu, 21 Dec 2006 08:49:15 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="INDIAN BROTHERS CANNOT ATTEND FUNERAL" http://www.indianz.com/News/ http://www.spokesmanreview.com/tools/story_pf.asp?ID=165260 Indian siblings can't go to funeral Judge won't allow foster kids to go unprepared to Alaska Kevin Graman Staff writer December 20, 2006 A Spokane County Juvenile Court judge denied a tribe's motion to allow two Native American foster children in Spokane to attend the funeral in Alaska of their brother, who died this month in foster care. The ruling is the latest chapter in a child dependency case that began in 1992, involving four siblings of Indian ancestry who were abused while in foster care on the Nooksack Reservation in northwestern Washington. The children are descended from the Nooksack Tribe and the Hoonah Tribe in Alaska, where the body of 15-year-old Robley "Bobby" Carr Jr. will be buried. Bobby Carr died Dec. 9 in his rural Stevens County home. The Stevens County coroner is awaiting a toxicology report before determining what caused the boy's death. In ruling against the Hoonah Tribe on Tuesday, court Commissioner Paul Bastine expressed dismay that after more than a decade, the parties in the Carr case remain at odds. "You're asking the court to make a decision that you all should have made a long time ago," said Bastine. In 2003, the state and federal governments agreed to pay the Carr children $5 million after they were repeatedly abused at a foster home on the Nooksack Reservation in 2000. The money is held for the children in trust. Although the children have lived in foster homes in the Spokane area for the past six years, the Indian Child Welfare Act of 1978 entitles the tribes to maintain a relationship with them. After the death of their brother, the children's Hoonah relatives asked the court to allow the two Carr children in the foster care of Vance and Sandy Peterson, of Spokane, to be allowed to travel to the Hoonah island, where their 16-year-old sister lives in the care of her great uncle. The Petersons opposed the trip, citing a therapist's declaration that it would be detrimental to the mental health of the 13-year-old girl and 11- year-old boy. They said, however, that the relatives were welcome to visit the children in Spokane. Though the tribe is entitled to have a relationship with the children, "this is not the time" to send them to Alaska, said Bastine, a retired judge who heard the case Tuesday after other county judges recused themselves because of their acquaintance with Vance Peterson, who is a Spokane County District Court judge. "I'm not prepared to allow these children to go to Alaska without appropriate preparation," Bastine said in denying the motion. Present at Tuesday's hearing were the children's maternal grandmother and great uncle from Alaska; their biological father; a caseworker from the state Division of Child and Family Services; a representative of the Hoonah Tribe; and various attorneys. "You got to get your act together," Bastine told them all, citing the Division of Child and Family Services in particular. Copyright c. 2006, The Spokesman-Review. --------- "RE: Assessing the Supreme Court" --------- Date: Fri, 22 Dec 2006 08:33:39 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="REVIEW OF SUPREME COURT" http://www.indiancountry.com/content.cfm?id=1096414215 Assessing the Supreme Court by: Jerry Reynolds / Indian Country Today December 22, 2006 WASHINGTON - A U.S. Supreme Court considered anti-Indian by the balance of opinion in Indian country didn't improve its standing with these critics in 2006, but worth noting is that it didn't render decisions against Indian interests so much as it allowed lower court decisions to stand. And it took on one case, to be argued in January, concerning federal impact aid funding to schools that serve Indian students. It can't be considered a true surprise when the Supreme Court refuses to consider lower court decisions, because it seldom revisits such cases on so-called certiorari review (the Latin refers to making a decision more certain through a final look from a higher court). But given the high stakes for Indian country, feelings toward the court were bitter indeed last May, when it returned the dreaded words "cert denied" on Seneca land claims, and then on a Cayuga land claims case that had approached a third decade in litigation. By its inaction, the Supreme Court sealed the defeat of Cayuga land claims in upstate New York, primarily by reason of the tribe's purported long inaction on its claims. In effect, the high court found nothing to argue with in the finding that favoring the Cayuga claims now would disrupt other interests, despite the strong view of Indian country at large that the Cayuga claim was undermined and complicated by breaches of federal and treaty law. A number of prominent Indian attorneys took the view that a towering injustice had been committed in the lower courts; and Cayuga leader Clint Halftown issued a statement contending the tribe never should have trusted the U.S. legal system. Some foes of the hard-fought Cayuga claim took the decision as precedent for the termination of all land claims among the reviving Haudenosaunee (Iroquois) Confederacy tribes, a cause taken up by some among New York state's congressional delegation and filed for lower court action, though not acted upon by Congress. Come what may, the Supreme Court appeared to be settling on the view of its conservative wing that the Constitution, as well as offering legal rights, also raises certain thresholds to citizens with damages and takings claims against state governments - and then extending that view to tribes. No less an authority than Kevin Gover, former assistant secretary for Indian Affairs at the Interior Department, has advised tribes against turning to the Supreme Court as a protector as they have in times past. Another decision of "cert denied" left intact a lower court ruling that all Rhode Island laws can be enforced on Narragansett Tribe dominions, based on a "unique relationship" between the state and the tribe. At stake was the tribe's authority to operate a smoke shop without license (that is, tax-free) from the state. Likewise on a "cert denied" appeal, the Delaware of Oklahoma were not heard by the court on a claim to Pennsylvania land for casino purposes; the Pechanga in California were permitted to police their own enrollment; tribal authority over Indians who are not citizens of a tribe was left intact; and the BIA retained its ability to take land into trust for tribes. A handful of other cases with consequence for Indian country are "cert pending," meaning they may or may not be accepted by the Supreme Court for review. The impact aid case, slated for January, is that rare example of "cert granted" - in Zuni Public School District, et al. v. Department of Education, et al., the high court could clear up an issue that has aggravated tribes for years. Federal impact aid funds are paid to school districts based on the presence of federal lands; it makes up for the lack of tax income from those lands. The funds are pooled and doled out again for all school uses within the district; tribes have long argued that because the funds are available due to the presence of their trust lands within school districts, they should receive the federal impact aid funds. That is at least one difficult issue the court is prepared to tackle. The lengthy detail on these and other cases can be found at the Native American Rights Fund Tribal Supreme Court Project Web site, www.narf.org/cases/supctproj.html. Copyright c. 1998 - 2006 Indian Country Today. All Rights Reserved. --------- "RE: Parties in Klallam Landfill Lawsuit Settle" --------- Date: Fri, 22 Dec 2006 08:33:39 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="TRIBE TO RECEIVE $2.75M" http://www.indianz.com/News/ http://www.kitsapsun.com/bsun/local/article/ 0%2C2403%2CBSUN_19088_5226446%2C00.html Parties in Klallam Landfill Lawsuit Settle for $2.75M The county and Waste Management were sued over claims that the tribe's land was contaminated. By TRAVIS BAKER, tbaker@kitsapsun.com December 20, 2006 Kitsap County on Monday announced the settlement of a lawsuit brought against the county and Waste Management of Washington Inc. by the Port Gamble S'Klallam Tribe over claims that contamination has migrated from the old Hansville dump onto adjacent tribal land. It will cost the two defendants $2.75 million, which will be put in a trust account "for the benefit of the tribe." The agreement still needs the approval of the Bureau of Indian Affairs and of Waste Management, the county said in a news release. It said the county and the company are expected to share in providing the money, but it did not say in what proportion. In its own news release, the tribe said the money compensates it "for loss of use of over 300 acres of land that has been sampled and documented as contaminated by the landfill ... and will be subject to restrictions on use and occupancy for at least a generation and probably much longer. "According to Kitsap County's Hazardous Sites listing, the landfill is teeming with high levels of halogenated organic compounds, metals and solvents," the tribal release said. The eastern boundary of the tribe's reservation abuts the old landfill, which is located on 72 acres of county land 4 1/2 miles south of Hansville. The landfill is on 17.3 of those acres. The landfill operated from 1962 to 1990. Since then, the county said in a news release, "the county has been working with (the state Department of Ecology), the health district, the tribe and other parties to clean up the landfill." The county and Waste Management dispute the tribe's claims that the land has been contaminated by pollutants from the landfill, but "they have agreed to resolve the dispute and address their respective concerns and obligations so a Cleanup Action Plan can be developed," the county news release said. The remedy agreed upon is to lessen the contamination "at or migrating from" the dump, while controls will be imposed on the reservation to keep people away from the surface and groundwater in the area in question. According to the county, Tribal Chairman Ron Charles said, "Based on (six years of) studies, we have concluded that the settlement agreement provides for a reasonable resolution of the issues involved with the landfill. We look forward to continuing to work with the county, Waste Management and our neighbors to make sure that the landfill does not threaten human health or the natural environment." The money will be used by the tribe to pay down loans relating to 390 acres of land purchased from the Department of Natural Resources to help replace the land contaminated by the Hansville dump, Charles said. That land will be used for forestry and replanted as necessary, he said. Copyright c. 2006 Kitsap Sun, Bremerton, WA. --------- "RE: Cherokee Freedmen win round" --------- Date: Thu, 21 Dec 2006 08:49:15 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CNO MOTION TO DISMISS DENIED" http://www.pechanga.net/ http://www.newsok.com/article/2988297/ Cherokee freedmen win round December 20, 2006 TAHLEQUAH - A Cherokee Nation motion to dismiss a lawsuit filed by freedmen was denied by a U.S. District Court. Cherokee freedmen filed a lawsuit against the United States claiming U.S. officials breached their fiduciary duty by failing to endorse a treaty and the 13th Amendment, which outlawed slavery. They said this happened when the they were denied the right to vote in the Cherokee Nation's 2003 election for principal chief and an amendment to the Cherokee Constitution. Cherokee officials filed a motion to dismiss the suit and that action was dismissed Tuesday in the District of Columbia. Jon Velie, an attorney for the freedmen, said the ruling also permits the freedmen, who are descendants of slaves who were adopted into the tribe, to add the Cherokee Nation and Principal Chief Chad Smith to the lawsuit. Copyright c. 2006 News 9/The Oklahoman - Produced by NewsOK.com. --------- "RE: Navajo Soldier loses Arm in explosion in Iraq" --------- Date: Mon, 18 Dec 2006 08:29:08 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NAVAJO SOLDIER LOSES ARN, NOT HEART" http://www.indianz.com/News/ http://www.daily-times.com/news/ci_4858630 Army specialist loses his arm, but not his spirit By Cory Frolik The Daily Times December 18, 2006 WINDOW ROCK, Ariz. - Alroy Billiman and his family are adjusting to his loss of an arm. It won't be easy for the 27-year-old Billiman, his wife and their 1-year-old daughter, but all three are taking it in stride, say family members. The average person, said Alroy's sister, Lorencita Billiman, 30, might be devastated after losing a limb. She reasoned that depression from the loss of certain functions and the incessant pain could be too much for some. But Alroy is different, she said. He refuses to concede to adversity. Alroy, an Army specialist with the Army Reserve First Battalion 133 Infantry, was helping the Iowa National Guard transport supplies from Jordan to Iraq on Nov. 9, when a bomb exploded beneath his Humvee. Alroy's account of the explosion is a chilling one. "I felt the pain the minute the explosion hit. The Humvee lifted off the ground and then fell back down. It was all black smoke," Alroy said. Alroy, who was driving, says he crawled into the back where the gunner and other passengers were. A large amount of blood inside the vehicle alarmed passengers and everyone wanted out. Alroy says he tried to open the door only to realize he didn't have an arm to open it. The explosion nearly killed the young man, according to a release from the Navajo Nation. He survived but his right arm from the elbow down had to be amputated and his right leg was badly injured. Alroy was treated at Landstuhl Regional Medical Center near Ramstein, Germany. About a month ago, he was taken to Walter Reed Army Medical Center in Washington, D.C., where he underwent two operations. After spending about two weeks receiving treatment, he was moved to the Naval Medical Center in San Diego, Calif., where he will receive rehabilitation in coming months. Depending on how quickly he heals, Alroy could spend some six or more months in rehabilitation, Lorencita said. He still has much physical therapy, counseling and adjusting ahead of him. Alroy will get a prosthetic arm and learn how to use it. The prosthetic arm works when muscles in the shoulder are tensed. On Tuesday morning, Alroy underwent more surgery to combat an infection that resulted from his wounds. Family members who flew to California to be at his side and saw him during this period say he was in no way down on himself despite needing so much medical attention. Facing a life without one arm, Alroy remains upbeat. He says he sees nothing to be gained from a negative attitude. From his wife's temporary home at the Fisher House, a "home away for home" for military families whose loved ones are in the hospital, Alroy gave every reassurance that things will be fine. "I'm still the same. This is just another challenge for me," he said. A recent conversation he had with his brother persuaded Alroy that this incident was all part of God's plan and that he wasn't so unfortunate after all. "Maybe God saw a baby being born that needed an arm. He knew I was strong enough to go without it so he took it," he said. His positive attitude has not gone unnoticed. "He surprised and reassured the whole family by being strong and not wallowing in self-pity," said Lorie Lee, Alroy's niece and media production specialist for the Navajo Nation's Office of Broadcast Services. "From the very (moment) he was stabilized, he has been really positive about what's ahead of him in terms of rehabilitation and therapy." A photograph taken just minutes after the explosion shows Alroy giving the camera a one-armed thumbs up. Alroy, an excited speaker on the phone, has an upbeat manner that even his injury could not darken. He is experiencing the most difficulty in making the minor modifications "He gets frustrated," Lorencita said, "when he can't hold his daughter in a loving way." Alroy says he looks forward to moving back to the Four Corners area and ranching again, but he wonders whether he will be able to fish, hunt and do everything he did before. He also wishes to return to college and perhaps work in oil field construction, as he did previously. Lorencita worries the stress may be taking its toll on Alroy's wife, Katara, 23. "She was already trying to raise the baby on her own and now this. It is going to be a long haul," Lorencita said in a phone interview from her father's home in Window Rock, Ariz. Katara was a student at San Juan College majoring in medical administrative assistance. She was in her microcomputer application class when she the call came informing her of Alroy's injuries. But she says that life will return to normal after a few setbacks. She says, "I have to make a few adjustments. I'm now trying to take care of an infant and my husband, two people who depend on me the most." Alroy was expected to be discharged from the hospital Friday. He will live in a two-bedroom home on the Naval base as he undergoes therapy and treatment. He says he looks forward to getting out and seeing San Diego. He will be happy to say farewell to the hospital beds, he added. Cory Frolik: cfrolik@daily-times.com Copyright c, 2006 Farmington Daily Times, MediaNews Group, Inc. --------- "RE: National Bison Range, Ranchers defend Tribe" --------- Date: Fri, 22 Dec 2006 08:33:39 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="POLITICS NOT MISMANAGEMENT BEHIND FISH AND WILDLIFE ACTIONS" http://www.pechanga.net/ http://www.missoulian.com/articles/2006/12/22/news/local/news02.txt National Bison Range / Ranchers defend tribe By VINCE DEVLIN of the Missoulian December 22, 2006 RONAN - From a Jeep, and out of about 50 head of bison in one pasture, rancher Bernard Hakes points out the 3-year-old heifer and three yearlings he purchased from the National Bison Range a week ago - bison that an opponent of tribal involvement at the refuge claimed had not been fed for a number of days. "When I got them, they were fat and sassy," Hakes says. "That story that the tribes were not feeding them was B.S." Hakes and another longtime volunteer at the annual bison roundup, Polson architect Paul Bishop, have come forward the week after the U.S. Fish and Wildlife Service abruptly ended its agreement with the Confederated Salish and Kootenai Tribes for shared management of the National Bison Range. Neither Hakes nor Bishop are tribal members, but they don't think CSKT was given a fair shake at the refuge. "I quite frankly don't give a damn who runs the Bison Range, but if Fish and Wildlife is going to take it over for a reason, let's let it be the truth," Hakes says. "I could bitch about the tribes over other things and spend a couple of hours. But when it comes to the Bison Range, there's been no neglect, and the proof is in the animal." Bishop says he feels National Bison Range project manager Steve Kallin "has purposefully created an environment of distrust, animosity and misinformation. The FWS, under his direction, has sought to try the tribes in the court of public opinion, while doing everything in their power to sabotage the co-management relationship behind the scenes." Kallin was not available for comment Thursday, but deputy project leader Bill West vigorously defended him. "He's one of the finest humans, and administrators, I've ever seen," West says of Kallin. "In 26 years, I've never worked for anyone more honorable. I'd follow Steve Kallin anywhere." Bishop, meantime, called for Kallin to be reassigned and another administrator to be brought in "who can oversee a fair and balanced assessment of the tribes' capabilities." Bishop says that while his exposure to the Bison Range is limited to two to three days a year when he volunteers at the roundup, he thinks it provides a good window into the work the tribes have done there since the co-management plan went into effect in the fall of 2005. "I have, from the beginning, felt that the way FWS conducted the roundup had serious problems," Bishop wrote in a letter published Thursday in the weekly Valley Journal. "It was always heavy on the 'cowboy' and it seemed the welfare of the bison extended only to their most basic physical needs." Bishop, whose family has volunteered at the roundup for more than 20 years and who himself has been involved for more than 10, says that over time the bison became more savvy to the methods of FWS riders. "The only FWS response was to run the animals harder, getting them even more stressed and worn out," Bishop says. "The common method, once all the 'easy' animals had been chased in by riders, was to retire the horses and bring out a FWS Jeep. The driver would then chase the remaining stubborn bison, horn blaring, until they submitted." It sometimes involved ramming the bison with the front bumper, Bishop says, and in 2004 - the last year FWS had sole control of the roundup - an adult bison was rammed from behind, its leg was broken, and it had to be killed. But when the tribes came on board, that changed, Bishop says. "The tribes' first roundup was a huge success, which was completed in two days with time to spare," Bishops says. "I know it sounds odd, but I believe the animals noticed a difference, too," he says. "They were clearly much calmer and less stressed. The riders did a fantastic job of handling the animals with care and everyone else followed suit. The bison were processed through with a level of compassion and patience that was definitely lacking in the old FWS cowboy days." Bishop says his jaw dropped when Kallin glossed over the success of the roundup afterward. "I am not sure why he won't tell you this," Bishop says he told the roundup staff after Kallin left, "but that was the best roundup in the last 10 years, maybe ever." West says the Fish and Wildlife Service has always praised the tribes' work at the annual roundup, and it was other areas over the course of the past year where work was done less than satisfactorily or not performed - much of which was documented in a critical (and controversial) performance report. "The big elephant on the table that never gets talked about is that the tribes want the land back," West says. "But whether the tribes can run a national wildlife refuge the right way is the only thing on the negotiating table." He credited FWS biologist Lee Jones with discontinuing use of a Jeep to herd bison into corrals, as well as developing the system that allows roundup workers to pass a wand over implanted computer chips in the scale area to get information on each animal, without driving them into a squeeze chute. And, he says, she's also responsible for the use of hydraulic squeeze chutes at the roundup that are easier on the animals that are directed there than the old chutes were. "That's who Lee Jones is," West says. "The best thing to happen to bison here in a while. Paul gives credit to the tribes for things that had more to do with Lee." But Bishop says the biologist was "particularly agitated" at the roundup. "She snapped at several tribal staff members and I heard her say several times, 'That's not my job' or 'Talk to the tribes,' " Bishop says. "I don't want to over-dramatize the events, but I do need to clearly stress that the level of condescending and insulting behavior by several FWS staff toward the tribal staff was very obvious." West says the tribes made it clear from the beginning that "they wanted credit for the jobs they did, and didn't want us to do their jobs." The tribes, he adds, do deserve credit in other areas at the roundup. "They added a new dimension, showing how if you're patient with the most stubborn critters, you can actually walk them into the corrals," West says. "We tried their method, and it took an hour, but it worked. It was a positive thing that had never been tried before." Hakes says he employs similar tactics on his ranch, using what he calls "Judas cows" to move the bison where he needs to. "I've got three pet cows I feed out of a bucket, and I'll use them to lead in the other buffalo," Hakes says. "Buffalo lead better than they drive." The Fish and Wildlife Service, he says, is simply protecting its turf from the tribes, who had been in negotiations with the Department of Interior to take over full control of management at the Bison Range when the plug was pulled on the Annual Funding Agreement that allowed for the co-management plan. "There's no reason (CSKT) can't run it as good as anybody else," Hakes says. "I realize I'm endangering my working relationship with the Bison Range, but fair is fair." "To me, they can run it better," Bishop says. "Just the last two years at the roundup, how things have changed, proves that. If the tribes are as bad as the Fish and Wildlife Service says they are, why don't they stand back and let them fail on their own?" Copyright c. 2006 Missoulian, a division of Lee Enterprises. --------- "RE: Oneidas, U.S. say don't let claim die" --------- Date: Mon, 18 Dec 2006 08:29:08 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ONEIDA LAND CLAIM" http://www.pechanga.net/ http://www.syracuse.com/news/poststandard/index.ssf?/ base/news-0/1166436032139290.xml&coll=1 Oneidas, U.S. say don't let claim die By Glenn Coin Staff writer December 18, 2006 The Oneida Indian land claim should not be dismissed, and the Oneidas should be paid at least $500,000 for land illegally taken from them 200 years ago, the Oneidas and federal government argue in new court papers. The U.S. government and the three tribes of Oneidas filed papers last week in federal court seeking to keep alive the Oneida Indian land claim, filed in 1974. A federal appeals court last year tossed out a similar claim by the Cayuga Indians, saying the two Cayuga tribes had waited too long. The U.S. Supreme Court upheld that ruling. After the Cayuga case, the state and Madison and Oneida counties asked a judge to dismiss the Oneida claim for the same reasons that doomed the Cayuga claim. The Oneida tribes and the federal Department of Justice argue in last week's filings, however, that the Cayuga decision was wrong. They also argue that the Oneida claim is different from the Cayuga case and should not be dismissed. The lawyer for the counties, David Schraver, disagrees. "We think the Cayuga case should be dispositive of the Oneida land claim as well, and that there are not legally significant differences," Schraver said. Justice department lawyers also backtracked from their position earlier this year that the Cayuga appeals court decision spelled an end to all New York Indian claims. Federal lawyers last week put forth a new argument: Even if the claims are denied because of the passage of time, the Oneidas still deserve compensation for the low prices they were paid at the time of the land sales in the 18th and 19th centuries. That would be about $500,000 from 1795 to 1827, when the state bought the bulk of Oneida land, according to the tribes' lawyers. The value of the land claim, which sprawls across 250,000 acres in Madison and Oneida counties, had been estimated at $1 billion. Tribes and the federal government argue that the Oneida claim has important differences from the Cayuga claim. For example, lawyers argue that the Oneidas tried for at least 130 years to persuade the government that their land had been illegally sold to the state of New York. The 1790 Trade and Intercourse Act prohibited states from buying Indian land without the consent of the federal government. Even if a judge dismisses the Oneida claim on the same grounds as the Cayuga claim, the federal government argues, the Oneidas should at least be reimbursed for the deflated prices the state paid for the land. According to the tribes, the state paid between one-twelfth and one- third of the actual market value of Oneida land. "The state intentionally violated federal law when it bought Oneida land . . . for only a fraction of its value by using threats, lies, liquor and other exploitation," lawyers for the tribes say. There are three Oneida tribes: one each in New York, Wisconsin and Ontario. Lawyers for the tribes say the state helped balance its budget by purchasing land from the Oneidas at cut-rate prices and selling it at a large profit. In any event, lawyers argue, the case should not be dismissed until more evidence is presented that the Oneidas had fought since at least 1840 to get their land back. The state and counties have until Jan. 23 to reply. A hearing on the case is scheduled for Feb. 2 in Albany before U.S. District Judge Lawrence Kahn. Copyright c. 2006 The Post-Standard. Used with permission. Copyright c. 2006 Syracuse Online, LLC. All Rights Reserved. --------- "RE: Voting Rights Case settled in South Dakota" --------- Date: Tue, 19 Dec 2006 08:44:58 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="MARTIN ORDERED TO REDRAW LINES" http://www.pechanga.net/ http://www.indiancountry.com/content.cfm?id=1096414203 Voting rights case settled in South Dakota by: David Melmer / Indian Country Today December 18, 2006 PIERRE, S.D. - Martin city officials have orders from the U.S. District Court to redraw city council lines that will correct voting rights violations against the American Indian voting population. American Indians make up 45 percent of the city's population but, because of the current redistricting plan, are allegedly unable to elect candidates of their choice to city offices. A lawsuit, Cottier v. City of Martin, was originally filed in 2002 against the town of Martin with the intent of correcting the redistricting plan adopted that year. The plan, according to the plaintiffs, diluted the American Indian voting strength. "This ruling will enable Indian voters to enjoy the right that many other South Dakotas take for granted: the right to have a say in their local government. The decision also benefits everyone by promoting fairness and a more democratic city government," said Bryan Sells, staff attorney with the American Civil Liberties Union's Voting Rights Project. District Judge Karen Schreier ruled in her original decision that the city of Martin did not violate one of the three factors, known as "Gingles" factors after a U.S. Supreme Court decision, needed to prove a voting rights violation. These factors are the baseline indicators of voter discrimination. The ruling was appealed to the 8th Circuit Court of Appeals, which remanded the case back to the lower court after concluding that the district court erred in its findings about the three Gingles factors. In 2002, the city of Martin passed an ordinance to redraw the district boundaries that was challenged by the ACLU, which claimed the ordinance was malapportioned and that it fragmented the American Indian vote. The city admitted the error and a new ordinance was drawn that improved the malapportionment but continued to violate paragraph two, which deals with dilution or fragmentation. Schreier, in her opinion, wrote that the city council was informed by the state's attorney general's office that the ordinance diluted the American Indian vote and, as stated during the trial, the council's comment was: "We don't know what we are going to do about it." Therefore, Schreier ruled that the city was aware of the violation when it adopted the ordinance. Schreier relied heavily on a recent case that was ruled in favor of the plaintiffs, Boneshirt v. Nelson. Schreier also heard that case and ruled for the plaintiffs, which was affirmed by the 8th Circuit Court of Appeals. The state of South Dakota asked that the case be reviewed. Boneshirt dealt with a state redistricting plan that packed one district with American Indian voters, instead of splitting two districts to give the American Indian voters a chance to elect preferred candidates in two districts. The 8th Circuit Court of Appeals relied on and quoted from Cottier as well. Cottier was sent down to the district court in 2005 and the final ruling was released on Dec. 6. Schreier agreed with the appellate judges in their conclusion that South Dakota was a state that perpetrated racial discrimination, especially in voting rights. "The court finds that Indians continue to suffer the effects of discrimination, including lower levels of income and education. Additionally, the court finds that Indians in Martin suffer from depressed levels of political activity," Schreier wrote. The defendants claimed that because some American Indians had been elected to city office in the past it did not practice racial discrimination. Schreier found that since 1981 only seven American Indian candidates were elected to office, and one or two of those were not a preferred candidate. "As a result, the court finds that Indians are rarely elected to the Martin City Council," Schreier wrote. The courts have to rely on Senate factors that determine whether discrimination occurred during political campaigns. Schreier noted that in the state of South Dakota, overt racial appeals or comments have occurred. During the 1998 gubernatorial race, the state's largest newspaper, the Sioux Falls Argus Leader, printed the headline: "Hunhoff picks Indian woman as running mate." Bernie Hunhoff, candidate for governor, chose Elsie Meeks, Oglala, to run for the office of lieutenant governor. In 2002 the local Martin newspaper ran advertisements suggesting voter fraud by American Indians, even though there was no evidence of fraud. In the 2002 primary and general elections in Bennett County, in which Martin is located, rumors were spread that if an American Indian were elected to the county commission land would be placed into trust status and taken off the tax rolls. Bennett County is located next to the Pine Ridge Reservation and is considered part of the reservation. One of the nine tribal districts is partially located in Bennett County and the city of Martin. A 2003 exit poll found that 100 percent of the American Indians who voted in Ward 1 voted for their preferred candidate, who lost the election. In Ward 3, the American Indian-preferred candidate also lost despite an 86 percent vote from American Indians. The court found, as a result of this poll, that racially polarized voting occurs in the city of Martin. Schreier wrote that the American Indian population in Martin suffers from the effects of past discrimination, which includes lower levels of income, education, home ownership, automobile ownership and standard of living. The court has given the city of Martin the chance to redraw the districts, which will then be reviewed by the court. The city has until Jan. 5, 2007, to file the remedial proposals. The entire review process is to take no longer than 30 days. The American Civil Liberties Union submitted, in 2002, three possible proposals for redistricting the city; the city rejected all of them. At trial it was not determined if the city council ever reviewed the proposals with any degree of detail. The case is Cottier v. Nelson 02-5021-KES, filed in U.S. District Court, District of South Dakota Western Division. It can be found online at www.aclu.org/votingrights/minority/27624lgl20061206.html. Copyright c. 1998 - 2006 Indian Country Today. All Rights Reserved. --------- "RE: Ariz Attorney General: Tobacco taxes off-rez only" --------- Date: Sun, 24 Dec 2006 10:45:20 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="STATE CAN'T COLLECT NEW ON-REZ SALES TAXES" http://www.pechanga.net/ http://www.azstarnet.com/sn/related/161682.php attorney general's shocker Tobacco taxes off-reservation only By Howard Fischer Capitol Media Services Tucson, Arizona December 23, 2006 PHOENIX - Arizona can't collect two new taxes on cigarettes totaling 82 cents a pack if the purchases are made at reservation stores, Attorney General Terry Goddard said Friday. In a formal legal opinion, Goddard said Proposition 203, approved by voters last month, was worded in a way that means only off-reservation sales are subject to the new 80-cent tax designed to raise money for early childhood development programs. Similarly, Goddard said a separate 2-cent tax, approved as part of Proposition 201 to police new restrictions on smoking in public places, also is written to apply solely to off-reservation sales. He said there is a legal way to apply both levies to sales made at Indian smoke shops, just as was done in 1994 when the tax was hiked by 40 cents, and again in 2002 when an additional 60 cents was tacked on. But that wasn't done here in either case, he said. Friday's opinion does more than undermine the $150 million a year that backers of Proposition 203 hoped to raise each year for early childhood development programs and the $5 million for smoking enforcement. It also creates an $8.20-a-carton disparity between on-reservation and off-reservation prices that may be enough to convince some smokers who now get their smokes locally to instead make the drive and stock up. Goddard's decision surprised Nadine Mathis Basha, the Chandler resident who put Proposition 203 together. She said it was always assumed that the new tax, approved by voters last month, would apply to all sales throughout the state. Basha, the former president of the state Board of Education, said she hopes tribes will "voluntarily add tax" and then turn the proceeds over to the state - and eventually over to a new board created to award grants for various programs around the state. She said that makes sense because Proposition 203 is written so that tribal members can benefit from the health and education programs the tax is supposed to fund. Tribes are free to impose their own sales taxes where state levies do not apply. They purchase special red-colored tax stamps through tobacco distributors to mark products sold on reservations to non-Indians. But in the past they have earmarked the proceeds for their own programs rather than giving them to the state. Goddard said there is no requirement for tribes to levy a new tax or, if they do, there's no restriction on how to spend the money. At the heart of the issue is the language of the ballot measures. Dan Zemke, spokesman for the state Department of Revenue, said the 1994 and 2002 tax hikes were written as "a tax on the consumer that was pre- collected through the purchase of the tax stamp by the distributor." And the distributors have to purchase those stamps when the cigarettes first come into the state. But Goddard said both Proposition 203 and 201 impose what in essence is a transaction-privilege tax - one that is the obligation of the retailer to pay. And he said federal law generally precludes the state from taxing reservation transactions, even if the buyers are not Indians. Most of the proceeds from the 1994 tax pay for health care programs for those who earned too much money to qualify for free health care but earned less than the federal poverty level. The 2002 levy was designed to help fund emergency health services. Both those tax increases, while written to apply to reservation sales, also included an opt-out provision: Tribes could impose their own taxes to offset the new state tax. Most tribes adopted that provision, keeping the revenues for themselves. local angle The Tohono O'odham Nation raised taxes to match the 82-cent increase imposed by Propositions 201 and 203. Copyright c. 2006 Arizona Daily Star. --------- "RE: Katrina Evacuees in Danger of losing Homes" --------- Date: Sun, 24 Dec 2006 10:45:20 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="JUDGE DEMANDS ANSWERS" http://www.katv.com/news/stories/1206/382211.html Hurricane Katrina Evacuees in Danger of Losing Their Arkansas Homes Posted By: Talisa Austin December 21, 2006 9:45pm Hurricane Katrina Relief Agencies Met at State Capitol Judge Demands Answers on Katrina Housing Nationwide Appeals Decision In Landmark Katrina Insurance Land Grab After Katrina Leaves Out Many Property Owners Little Rock - Members of a Native American Tribe, who were among the first Hurricane Katrina evacuees to arrive in Little Rock, are about to see their Arkansas homes demolished if something isn't done soon to stop it. The tribe of about 30 from Slidell, Louisiana says it's as if they've been hit by a second hurricane all over again. They worked in Arkansas for a year to pool together money to buy six buildings to be moved to their new land in Little Rock. Now they found out the city is about to bulldoze their dreams away. (Elwin Warhorse, Tribal Chief)"Sigh this is the house we had already picked out to put the handicap and one of our senior citizens in." The boarded up buildings may not look like much, but for Chief Warhorse and her tribe say they are a new beginning. They bought the homes with the understanding they would be moved. His week the Katrina evacuees found out the Little Rock housing authority plans to turn their homes into rubble to make way for a federal revitalization project. (Elwin Warhorse, Tribal Chief) "All we've had survive the storm is each other. We all knew we lost our home. Nothing we could do about that. So it was find a new start and new beginning and new home and we thought we did. So it's heart breaking. It really is because we did everything you're supposed to do. We worked hard." The man they bought the homes from was awarded a city contract to salvage what he could, but the city says he didn't follow the rules. (David Woessner, Little Rock Housing Authority)"The timeline was exceeded. Monies were not paid. We have to move forward. So we issued a cease and desist. We tells him his contract is done. We no longer need him on our property. We have to move forward." The demolition is expected to begin next week and all the tribe is asking for is more time. Time to move these houses they paid for to the property they've purchased. (Warhorse)"We are caught between somebody need this property to do some new development and the time it takes to removed the houses from here." Chief warhorse is now pleading for someone to step forward to help her tribe salvage the homes before it's too late. (Warhorse)"Somewhere people are going to have to understand the Katrina thing didn't just stop a year later. It's still there. We're not home. We don't want nothing for nothing. But someone has to cooperate with us. These homes could be our home." The contractor who sold the homes to the tribes says he is still working on finding them a place to live. Copyright c. 2006 KATV, LLC. --------- "RE: Navajo Nation: Shirley to Dayish: Butt out" --------- Date: Sun, 24 Dec 2006 10:45:20 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NAVAJO PRESIDENT TELLS VP TO QUIT INTERFERING IN DESERT ROCK" http://www.gallupindependent.com/2006/dec/122306kh_dayishbuttout.html Shirley to Dayish: Butt out President orders his VP to quit interfering in Desert Rock affair By Kathy Helms Dine' Bureau December 23, 2006 WINDOW ROCK - Navajo Nation President Joe Shirley Jr. has directed Vice President Frank Dayish Jr. to "curtail any and all efforts to intervene" in the Desert Rock resistance movement. "By the authority vested in me as President of the Navajo Nation and pursuant to 1 N.N.C. (Section) 203(C) and 2 N.N.C. (Section) 1005(B), I write to inform you that I am personally addressing matters related to the Desert Rock Energy Project situation. "I am working closely with the Navajo Department of Justice and representatives of Din Power Authority," Shirley said in a Dec. 19 memorandum to Dayish and copied to Attorney General Louis Denetsosie. "To avoid conflicting and inconsistent messages from the Office of the President/Vice President, I hereby direct that you curtail any and all efforts to intervene on this matter," Shirley told Dayish. Citing Section 1005(D), Shirley said that only in the absence of the President shall the Vice President exercise the powers and execute the duties of the President and the Navajo Nation. "Because I am personally addressing this issue, your intervention on this matter is unnecessary and contrary to the laws of the Navajo Nation." Shirley spent two-and-a-half hours Monday at the Desert Rock base camp listening to resisters' concerns and trying to explain the Navajo Nation's position in support of the now-$3 billion project. The president said the Desert Rock project has been discussed for years and was supported by the Navajo Nation Council last summer with a 66-7 vote to grant a lease and sub-lease. The project will provide three years of temporary construction jobs for an estimated 1,000 Navajo construction workers. "I will continue to work on this to try to help my people. I have a heart for my people," Shirley said. Dayish backers Following the Dec. 18 meeting, Elouise Brown, president of the Dooda Desert Rock Committee, faxed a letter Dec. 21 to Steven Begay, general manager of Din Power Authority, asking that Dayish be allowed to remain the DPA liaison to work with the committee. "Our elders are respectfully requesting that Vice President Frank Dayish be appointed the Din Power Authority liaison to work with the Dooda Desert Rock Committee on behalf of DPA board and staff," Brown said. "We realize that Mr. Dayish's term as Vice President of the Navajo Nation will end in a few weeks, but since he is from this area and is still an elected official, we prefer to work with him at this time and until further notice. "We request DPA assign Mr. Dayish to work with us and have him assigned to this position indefinitely, and that could go beyond Jan 9 (the day after inauguration)." Brown thanked Begay on behalf of the Din elders "who are exercising their freedom of speech and their rights in this free country to stand up for what they think and feel is the right thing to do." The Northern Navajo Agency met Friday morning before the council special session to discuss the Desert Rock resistance movement and forced relocation of resisters' base camp by Navajo Nation Police. Poorly handled Upper Fruitland Delegate LoRenzo Bates, who is a member of the Northern Agency, said Friday, "My first and foremost concern is the fact that the Navajo Nation took the action that it did. As far as I'm concerned, it was not entirely necessary in the manner that they handled it. "I understand that the president was out there and he basically said that because the council approved this, their concerns were of no importance. That's the perception I got from his address to the people out there." Bates said two things really disturbed him. "One is, yes, the council did pass. Right now, the way he's passing it on to the people, the blame is now on the council for what's going on out there ... because the council approved it, it's going forward. "But the President has got to realize, he also has some responsibility. He signed the legislation. "So if we're going to point fingers at who did what, then he's got to stand up and take some responsibility for his actions," Bate said. "I take issue with the statements that are being made toward the 20th Council on their actions." Bates second concern, he said, is "folks have to remember that that coal that is underground is going to be mined, no matter what. Whether it's to DPA/Sithe, APS or XYZ coal company, it's going to get mined because BHP has a lease on that area." "Their interest is in just selling that coal to whoever." Bates said people also need to remember that the primary purpose of the proposed power plant was to create jobs, and for the Navajo Nation to own a percentage of the power plant. "I am still of the position that 25 percent still is not near enough," he said. Thursday's relocation could have been handled in a more diplomatic manner, on both sides, Bates said. "The folks out there have a right to do what they're doing. The Nation has a responsibility to its own people. "I told Sithe when they came to my committee (Ethics & Rules), that if things were not handled accordingly, in a diplomatic manner, that when itgets into the arena of the environmental folks, they have more money, more power." He said Sithe has crossed that line at this point. "Right now, with what has happened, it would not surprise me one bit if all those special interest groups will come in and support what is going on." He said all parties need to sit down, talk it out, and get those issues resolved, rather than what's taking place now. "If it had gotten any worse than what did happen out there, it would look like a Third World tactic. Fortunately for all parties, it didn't get to that point," Bates said. Copyright c. 2006 the Gallup Independent. --------- "RE: Domestic Violence continues to be a problem" --------- Date: Fri, 22 Dec 2006 08:33:39 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="DOMESTIC VIOLENCE IN INDIAN COUNTRY" http://www.indiancountry.com/content.cfm?id=1096414221 Domestic violence continues to be a problem for Native communities by: David Melmer / Indian Country Today December 22, 2006 RAPID CITY, S.D. - There are no accurate statistics that could punctuate the impact domestic violence creates in Indian country, and many programs that fight domestic violence shy away from citing statistics because they can be misleading. Information used by the National Task Force to End Sexual and Domestic Violence Against Women claims that one out of every three American Indian women will be raped; that six out of 10 will be physically assaulted; and that nine out of 10 rapes or assaults against American Indian women are committed by non-Indian assailants. No statistics are in available for 2006. In the past, the U.S. Justice Department has been the prosecuting agency domestic violence cases ; but prosecution would not always occur. Tribal courts were restricted in sentencing guidelines; therefore, if the perpetrator was prosecuted in tribal court, he may not have received an appropriate sentence. On Jan. 5, 2006, President Bush signed the reauthorization of the Violence Against Women Act of 2005 into law. This latest reauthorization strengthened the position of American Indian women by allowing tribes to exercise their sovereign authority in response to violent crimes. The reauthorization was the result of hard work by anti-domestic violence programs from across the nation, and when passed and signed became cause for celebration. When prosecuted and convicted in tribal courts, the sentencing of batterers has been extended beyond a term of one year and a $5,000 fine. The original act, written in 1994, included American Indian nations but did not address many of the complicated issues involved with tribal governments. The 2005 reauthorization covers many such issues. The Oglala Sioux Tribe on the Pine Ridge Reservation has one of the strongest criminal codes for violent crimes in Indian country. That code was the result of years of work by the organizers of the Rapid City-based Sacred Circle, a domestic violence shelter and program that is a project of Cangleska Inc. on Pine Ridge. The code is now being used as a basis for other tribal codes across the nation. The year 2006 saw the growth of programs, workshops and legal services from Sacred Circle and Cangleska. The effects can be seen in the awareness and change in men's attitudes toward violence, and is most noticeable in families where women and men have dedicated themselves to learning about violence through workshops and court-ordered treatment programs. This past year on Pine Ridge, Indian country's role model program, operated by Cangleska, moved a few steps forward to better serve women and families. A new shelter, scheduled for completion in early spring, will house more than twice the number as the old shelter. Karen Artichoker, co-manager of Cangleska, said she believed that domestic violence on the reservation can be eliminated, because cultural values are at the heart of the education programs offered by Cangleska and other programs around the country. In 2006, Artichoker received the national 21st Century Women's Award, given by the organization eWomen. Artichoker was among 21 women across the nation who received the award, which touts the accomplishments of women who make a difference in society and in people's lives. The Cangleska programs count men as integral to the elimination of violence against women. In these weekly re-education programs, men discuss their feelings about violence and what personal issues they need to work on to prevent them from committing acts of violence. The men in the workshops either grew up with violence, or at some time in their lives witnessed violence against a relative or an acquaintance. While they say that violence surrounds them in their daily lives, they are working to acquire a mindset that does not allow them to participate in violence. The men's program at Cangleska is facilitated by Foster Cournoyer, Yankton Nakota, who has a history of committing domestic abuse. He listens to the men and uses traditional, cultural beliefs to help the men work through their problems and understand that violence is not traditional. The program is designed to allow the men to attend on their own, even after they have completed the required 24 weeks of re-education. For 10 days in the late summer, men attend a camp in which they work hard, interact with horses and the natural surroundings, and have time to talk about their issues with violence. This program is growing, and in 2006 had one of the largest groups. This past year was a banner year for people and organizations who work to eradicate violence against women, and in Indian country the growth of programs and shelters is increasing. But, as Artichoker said, someday it will be eliminated. The opening of the Stronghold legal services office in Rapid City added an important dimension to the anti-violence movement. Any woman who declares herself to be a victim of domestic violence is offered assistance. Stronghold's staff attorney will work with women to fill out any legal papers necessary and will appear with them in court. Many times the women have issues with housing, income and the custody of her children; the legal service will assist with those issues. This service is funded in part by a grant from the U.S. Department of Justice. Grants and donations are essential to continue the work performed by anti-domestic violence programs and each year there is a struggle for financing. In 2006, Cangleska received federal and foundation grants and low-interest loans that allowed them to construct the new facility. Artichoker is dedicated to the statement: ''Children have a right to grow up here. All we are trying to do is help rebuild a nation.'' Copyright c. 1998 - 2006 Indian Country Today. All Rights Reserved. --------- "RE: Lumbee Tribe must restart push for Recognition" --------- Date: Mon, 18 Dec 2006 08:29:08 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="LUMBEE RECOGNITION" http://www.robesonian.com/articles/2006/12/18/news/news/story07.txt Lumbee Tribe must restart push for tribal recognition By Mark Locklear - Staff writer December 18, 2006 PEMBROKE - Lumbee leaders say they will have to redouble efforts to get passage of the federal recognition bill now that the legislation is stalled yet again in Congress. But the sudden illness of Democratic Sen. Tim Johnson of South Dakota could further complicate the process when the bill is reintroduced next year. Councilman Garth Locklear, chairman of the tribe's Federal Recognition Committee, told the Tribal Council on Thursday that the possible loss of Johnson, who is in critical condition after suffering a brain hemorrhage Wednesday, could cost the Democrats control in the Senate. If Johnson were to die or resign, a Republican governor would name his replacement. Getting the Senate to approve recognition has been a problem, even though North Carolina's two Republican senators, Elizabeth Dole and Richard Burr, support it. The bill did make it out of a Senate committee last month, but never made it to the floor for a vote. The bill is expected to move along faster in the House. "Johnson makes a lot difference with our federal recognition," Locklear said. "If the Senate switches back to Republican, the one that is scheduled to be the leader will not - we don't think - allow our bill out of committee." The Lumbees have sought recognition for more than 100 years. "It's all politics," Locklear said after the meeting. "But if we can keep the Senate - because we've got enough support in the House - we will be in great shape." The federal government recognized the Lumbees in 1956 but withheld the benefits given to other federally recognized tribes. Recognition could bring the tribe between $77 million and $100 million a year. In other business, the council approved an across-the-board $250 Christmas bonus for all tribal staff. Council members balked at an earlier request to give the tribe's 55 employees bonuses that ranged from $250 to $750. Several people attending Thursday's meeting said employees were well paid and didn't need the extra money. "You need to go into the rest homes and help the sick," Retha Freeman said during the public comment period. "You need to start thinking about the elderly. They are the ones that worked hard to get us where we are." The council voted unanimously against a Finance Committee recommendation that each council member get a $715 Christmas bonus. In other business, the council approved the Finance Committee's plan to spend $2.7 million in carry-over funds. The breakdown shows $400,000 being used for community centers; $700,000 for Arrow Point subdivision infrastructure; $100,000 for the In-house Section 184 program; $1 million for new home construction; $200,000 for air-condition units at Red Hill and Hawkeye Sands apartments; $200,000 for a new Boys and Girls Club in Hoke County; and $100,000 for a community building in District 2. In other action, the council: - Welcomed new council member Laura Sampson, who was sworn in Thursday night. Sampson won the special election race in District 3 and replaces the late David Carter. - Tabled a decision to recall the tribe's three representatives who serve on the N.C. Commission of Indian Affairs. - Agreed to reopen the search for a site housing manager at Hawkeye Sands Apartments in Hoke County because the position was not advertised. Tony Hunt, former Supreme Court justice, has held the position since mid- November. Councilman Danita Locklear reminded the council that the tribe requires former appointees to wait two years before seeking employment with the tribe. Copyright c. 2006 The Robesonian. --------- "RE: Tribal review period shortened" --------- Date: Wed, 20 Dec 2006 08:52:19 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ARCHAEOLOGICAL REVIEW PERIOD CHANGED TO 30 DAYS" http://www.pechanga.net/ http://www.heraldnet.com/stories/06/12/19/100loc_b1tribes001.cfm Tribal review period shortened Tribes now have 30 days to respond to the county when archaeological features are discovered during construction. By Krista J. Kapralos Herald Writer December 19, 2006 EVERETT - A change in a county code that Snohomish County officials say is a "housekeeping amendment" could be a harbinger of a future shift in the county's policies toward Indian tribes, county planners said. The Snohomish County Council voted last week to create a 30-day deadline for the tribes to respond when archaeological features are found in the course of development. The county was once home to countless Indian villages and encampments. Many of those villages, and the bones of the people who inhabited them, are now buried in the ground. Tribal leaders have sparred with the state and developers in the past to preserve ancient remains discovered in the course of construction. Under the county's old code, the tribes were allowed to take as long as they wished to advise the county when remains or artifacts were found. "We used to just send them a report and then wait for them to respond," said Karen Watkins, principal planner for Snohomish County's planning department. "It would hold permits up." Stillaguamish tribal chairman Shawn Yannity said he's concerned that 30 days isn't enough for his tribe to review the permits. "For a small tribe like us, we only have one person reviewing permits," he said. "Those permits are coming from state agencies, county, city agencies. That's a lot of permits that come across our desk, and with just having one person reviewing them, 30 days is kind of short." He said he would have preferred 60 days, but is optimistic that the county will work with the tribes. "It's going to be a working process, so it might take some time," he said. "That's the nice thing about codes: they can always be amended." Stillaguamish, Sauk-Suiattle and Tulalip tribal leaders wrote letters to the county and appeared before the council to argue for more influence over artifacts, burial grounds and other and sacred spots that are sprinkled throughout the region. The Sauk Suiattle tribe asked that the county expand the code that regulates what is currently termed "archaeological and historic resources" to include "native Indian burial grounds and culturally significant sites, " Watkins said. The county didn't add the terms the tribe requested because county officials wanted input from all the local tribes, Watkins said. The county is undergoing a development code update that could take several years. "This is one piece of that," she said. "We don't have a schedule for when different pieces will go forward." Spokesmen for the Sauk Suiattle and Tulalip tribes could not be reached for comment. The Sauk Suiattle, Stillaguamish and Tulalip tribes were among those that were party to the Treaty of Point Elliott in 1855, which surrendered land that makes up about a fifth of what is now Washington to the federal government. Those tribes are now working together in a legal suit known as the Habitat Claim to assert sovereignty over land and resources they say are integral to their culture. The request from Sauk Suiattle to expand the definition of "archaeological and historic resources" is part of a tribal concern that is bigger than the "housekeeping" the council hoped to conduct in last week's vote, Watkins said. Reporter Krista J. Kapralos: 425-339-3422 or kkapralos@heraldnet.com. Copyright c. 2006 Everette, WA Herald. --------- "RE: Cobell honored for work on Indian Trust Fund Case" --------- Date: Wed, 20 Dec 2006 08:52:19 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="COBELL RECEIVES AARP IMPACT AWARD" http://www.indianz.com/News/2006/017454.asp Cobell honored for work on Indian trust fund case December 19, 2006 Amid stars in the entertainment, media and political world, Elouise Cobell was honored on Monday for her efforts to bring accountability to the Indian trust. At a ceremony in New York City, Cobell was hailed by AARP Magazine as one the 10 people who make the world a better place. She is the first Native American to win the Impact Award from the largest circulation magazine in the world. "I'm representing so many people that have been fighting for justice," Cobell, a member of the Blackfeet Nation of Montana, said in an interview. "I'll never forget that." As the lead plaintiff in the Indian trust fund lawsuit, Cobell secured an accounting for billions of dollars and uncovered federal mismanagement dating back more than a century. "In light of the wrongs of the past, the passion of Elouise helps ensure the bright future and restored dignity of Native Americans," said Paula Zahn, the CNN anchor who hosted the event. Coming 10 years into the case, Cobell hopes the accolades bring more public awareness to the struggles faced by Indian account holders across the nation. Many have gone without knowing how much their land is worth or what their natural resources are producing. "I think it's accomplishing the task of spreading the word to many people that have never heard of our class action lawsuit," she said. Cobell also hopes the heightened interest will lead to a speedy resolution. She's headed to Washington, D.C., for a hearing on Wednesday before Judge James Robertson, who was just assigned to the case. "I'm looking forward that he will be ruling expeditiously, and that he understands that the government has consistently stalled our case," Cobell said of the judge. Dennis Gingold, one of the lead attorneys, said Robertson called the hearing on his own accord, not on any request by the plaintiffs or the government. Gingold cited language in a recent court ruling that called on both parties to "work with the new judge to resolve this case expeditiously and fairly." The 2:30pm hearing will be the first since Judge Royce Lamberth was removed from the case after 10 years on the job. The Bush administration attacked his rulings as overly biased against the Interior Department, which was labeled "the last pathetic outpost of the indifference and anglocentrism we thought we had left behind" in one pivotal opinion. At the ceremony in New York, Gingold expressed confidence that Robertson, a Clinton appointee, will be a fair judge. But he noted that the plaintiffs filed a petition with the U.S. Supreme Court yesterday to seek the reinstatement of Lamberth, a Reagan nominee. Beyond the courtroom, Cobell met with Sen. Byron Dorgan (D-North Dakota), the new chairman of the Senate Indian Affairs Committee, and said he has pledged to introduce legislation to settle the case once Congress goes back to work in January. "I just hope we can get the other senators on board with us," she said. Cobell hasn't had a chance to meet with Rep. Nick Rahall (D-West Virginia), the new chairman of the House Resources Committee, but said she has spoken with staff members. Rahall co-sponsored settlement legislation but didn't include the case on his recently-released agenda for the 110th Congress. Besides Cobell, the other Impact Award winners included actor/director Robert DeNiro, actress Marlo Thomas and Shirley Ann Jackson, the president of Rensselaer Polytechnic Institute who was the first African American woman to earn a doctorate at the Massachusetts Institute of Technology. Copyright c. 2000-2006 Indianz.Com. --------- "RE: Runner inspires others to 'Honor our Ancestors'" --------- Date: Thu, 21 Dec 2006 08:49:15 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="RUNNER LEADS BY EXAMPLE" http://nativetimes.com/index.asp?action=displayarticle&article_id=8466 Marathon Runner inspires others to "Honor our Ancestors" by getting in shape for 2007! Liz Gray December 20, 2006 Michelle Conroy is not one to let opposition get in her way. She has taught aerobics, kickboxing and self-defense with a little personal training on the side. Her first marathon was a 10K (6.2 mile), her recent ones have been 51K (31 miles). Most of us get tired just sitting in the car on a 31-mile trip - She runs it even though she has scoliosis and the orthopedic surgeon recommends she stop running all together. But her opinion is different. "Instead, I prefer to approach it as, `I think I'll do a marathon today!'" said Conroy Conroy was born and raised in Oklahoma. She's Arapaho, Sioux & Wichita. Her mom is Joyce (Warden) Martinez (Arapaho) and her dad is Walter J Conroy, (Sioux & Wichita tribes). She has one daughter, Jennifer who graduated from El Reno High School this past May. As of today, she has completed eight marathons, and 2 ultramarathons, most recently the Dallas White Rock marathon on Dec 10, 2006. She has often said "I'm running from diabetes because of the prevalence of the disease among the native populations." Seminole Chief Kelly Haney has even asked to quote her on that. She started writing stories about her running adventures because she said she wanted to share with all her friends the funny and trying experiences she has had and how she always ends up laughing about it. "Most importantly, I just want people to know that anything is possible with determination, and that we need to start honoring our ancestors by taking better care of our health and wellbeing," said Conroy. "They shouldn't have suffered the Battles of Sand Creek, Wounded Knee, Little Big Horn or Trail of Tears so that this Native population would be so consumed by ill health." Below Is an account of Michelle Conroy's Ultra-Marathon in Hot Springs, South Dakota. By Michelle Conroy Hi all, I'd just like to share with you the details of my special weekend. The 2nd Annual Lean Horse Hundred/Half Hundred and 50K Ultra-Marathon was held in Hot Springs, South Dakota, along the scenic George S. Mickelson Trail, in the glorious Black Hills. I guess I'll start from the moment of my obsession about this whole thing... In July, my daughter and I took a quick mini vacation to South Dakota for a family gathering. While there, we stayed a night in Hot Springs, SD and upon collapsing in our hotel room after much sightseeing, I was looking through the visitor guide and came across an article on the 2005 inaugural lean horse ultra-marathon. It mentioned that there were other distances of 50 miles and a 50K (31 miles) if 100 miles isn't one's cup of tea, so to speak. I finished the article thinking how awesome it must be to say, I ran 100 miles, or 50 miles, or even some other mega-marathon distance! After that, my thoughts became fixated on an ultra-marathon, I figured when we got back to Oklahoma, the daily grind would replace the visions of ultra-marathon runs dancing in my head. That didn't happen... I'd wake up in the middle of the night thinking, I can do 31 miles! I even found myself searching for ultra-marathon information online. I've done six marathons already, and the thought of adding five more miles on to that kinda seemed overwhelming, but then I started looking at the extra five miles as a warm up to 26.2 miles.... So, on the last day to register, I signed up to torture myself in another state, 14 hours away, to do my first ultra-marathon run. I honestly had no clue what I was getting into. Armed with curiosity and the determination that I can do this; I took off Thursday evening for the long drive to South Dakota, with running shoes, clothes and ballcap in hand. Upon arrival, just in time to attend a mandatory meeting for participants, on Friday afternoon @ 3 p.m. at the Hot Springs Chamber office, I go in and pick up my registration number and info and go to the auditorium where the meeting was taking place, in time to raise my hand when one of the race coordinators asked if this was anyone's first ultra. There were about six of us, I think, who raised our hands, out of an estimated 150 people who had registered to run either a 50K, 50 miles or 100 miles. I sat there as they talked about the course, starting times, shuttle rides back into town, etc., thinking, I'm totally out of my element... this whole crowd is extreme and I'm like a baby taking my first steps to a 50K. We met at five a.m Saturday morning for roll call and load onto buses to be taken to the starting point on the George S Mickelson Trail. It's rainy, cold, foggy and about 50 degrees. Loading onto the bus, I see that others have fanny packs with extra water bottles, food supplements, sunglasses, gloves, light jackets, etc., Unprepared for this weather, I was expecting 70's and 80's, I get on the bus with just one water bottle and an extra t- shirt... hahaha!! I'm sitting there eating my granola bar listening to the chit chat going on around me by these extreme athletes talking about doing iron man triathlons, other 100 mile runs in Maine, Texas, California, Wisconsin, etc. It hadn't dawned on me that I should feel out of place or intimidated, guess I wasn't fully awake yet! After a 20 minute ride, we arrive at the starting point. People are drinking coffee, getting prepared for the run by stretching, layering clothing, eating, packing extra food, saying goodbye to their families etc. It's still raining lightly and it's cold, and I almost think... what have I gotten myself into?! I'm starting to shiver at this point and almost start to have doubts, yet I'm still caught up in the awe of these people; these extreme runners. It's six o'clock, and starting time. Off we go!!! Right off I see a lone deer in a field eating grass. Along the way people are passing each other saying "good luck", "see you at the finish", "where are you from", or "is this your first ultra?" Soon, the clouds try to clear and let a little bit of early morning sun through, and I realize left my sunglasses at the motel room! Within a few minutes the clouds thicken up and continue with a heavier rain than when we started. After a while, the trail starts to get a little muddy but who cares - I'm in this elite group of runners!! As it turned out, I didn't need my sunglasses at all - it stayed cloudy and rainy all day. I certainly needed that other shirt though, as I was totally soaked and freezing by mile five! At this point, I'm still caught up in the excitement of running with these people; some were doing the 50K, others 50 miles and the rest were doing 100 miles...wow!!! I can't complain about the conditions of being wet and cold because all these other people feel the same way I do and they may be going on all day and even into Sunday! How dare I complain!! Next thing I know, I'm thinking about my Sioux ancestors who may have been traveling along the same area- in search of buffalo, food, a place to camp for the winter, or maybe even safety. I think about what it must've been like for them, and I thought, what must they think to look down on this generation and see how diabetes, obesity, heart disease and idleness have consumed so many Indian people. My thoughts turned to my Grandpa Conroy and how I missed him so much, and I hoped that I was doing something that would make him and those that have passed- on proud, and that they were smiling down on me. I catch myself just reveling in the awesome breathtaking scenic views along the way... It was just so awesomely spectacular - almost to the point of (sounding corny), being spiritual. It was at this point where you know there is a God and He is why! A serene, meditative mood came over me and I found myself running and praying; praying that no matter what, I'll always be able to run or walk, praying for those that will never challenge their limits and know the calmness, satisfaction and serenity I was feeling, praying for all things that have been created and the beauty around me. I almost started crying; I wondered if I was, but couldn't tell because of the rain and sweat running down my face... I was so thankful for the opportunity to be alive, accepting a challenge of my endurance and physical ability. I ran with some awesome people along the way, who congratulated me for my efforts at attempting my first ultra-marathon, and amazed some of them when I told them that according to a couple of doctors, I wasn't supposed to be running because of my scoliosis. I got invited to other ultra-marathons, and met one of the race coordinators. She invited me back next year, and even asked me for some input on a weekly show she's getting ready to do in South Dakota. At two o'clock in the afternoon, I was nearing the 50K finish, in all my exhausted, shivering, cold, wet, freezing, starving, thankful, proud glory!!! Unfortunately, I didn't have a camera and I don't think my descriptions can do the trail justice, but, I am going back next year... with a camera, and the determination to do the 50 mile, heck I might even try the hundred! The final results of the 50K, list 32 finishers: 21 men and 11 women, with times ranging from 4:19:20 to 8:48:08, I finished at 8:10:30. The 50 mile run results showed 40 finishers: 24 men and 16 women, with times ranging from 7:59:20 to 16:23:30 and lastly, the 100 mile run results show 51 finisher: 43 men and 8 women, with times of 17:38:30 to 29:31:00. Native American Times. Copyright c. 2005 All Rights Reserved. --------- "RE: Native tourney seeks NCAA's OK" --------- Date: Wed, 20 Dec 2006 08:52:19 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NCAA SANCTION WOULD ATTRACT SCOUTS" http://billingsgazette.net/articles/2006/12/20/news/state/65-basketball.txt Native tourney seeks NCAA's OK By JODI RAVE Missoulian December 20, 2006 MISSOULA - Only 51 American Indian athletes made top-tier college basketball teams in 2004-05, compared with 3,709 white players and 4,968 blacks, according to an NCAA race and ethnicity report. But Native American Basketball Invitational co-founders aim to change those figures by bringing NCAA recruiters to the fifth annual NABI high school basketball tournament. The 2007 tournament is July 8-14 in Phoenix. The NABI office will begin accepting registration applications on Jan. 2. "The NCAA certification would blow the glass ceiling off rez ball," said Gina Marie Mabry, director and co-founder of NABI. "The kids are going to be getting exposure to Division I and II scouts and coaches. There's no excuse now. We have all this talent." If the NCAA grants certification, it will make the Phoenix games the first all-American Indian tournament with such status. The barrier has been an NCAA rule that says teams competing in any summer NCAA event must be from the state in which they compete. The NCAA also doesn't allow more than three players on a team from another state. The NCAA is working with NABI to change the rules before the July tournament. The upcoming tournament will enable students to compete for athletic scholarships. In the past two years, the NABI Foundation has given out $25,000 to assist students in college. Thirty NABI players have been recruited and received scholarships to play college basketball. "We are using basketball as a tool to encourage Native youth to pursue higher education," said Mark West, a player program vice president for the Phoenix Suns and NABI co-founder. "Their exceptional talent and passion for the game makes them prime candidates for scholarship opportunities, but due to the demographics of most reservations, they do not always get to show off their talents to college recruiters." Each year, the tournament invites American Indian high school basketball players from across the United States to compete during nearly one week of scheduled games. The 2007 championship games will be at the U.S. Airways Center on July 14. Sixty-four teams competed this year. Eighty teams will compete in 2007. "We need more players at the NCAA Division I," said Jermaine Chee, a Haskell Indian Nations basketball player who played in his first NABI tournament at age 19. "It will be great to see all these Division I coaches going to NABI and looking at the Native American players." Copyright c. The Billings Gazette, a division of Lee Enterprises. --------- "RE: Tournament shines light on Native Athletes" --------- Date: Wed, 20 Dec 2006 08:52:19 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="JODI RAVE: NATIVE AMERICAN BASKETBALL INVITATIONAL" http://www.missoulian.com/articles/2006/12/20/jodirave/rave39.txt Basketball tournament shines light on Native athletes By JODI RAVE of the Missoulian December 20, 2006 Jermaine Chee, a Haskell Indian Nations basketball player, competed against Northern Arizona University in December during a rare game in which a tribal college basketball team played a Division I school. Chee wants to continue his hoops career when he graduates from Haskell, preferably scoring points for Arizona State University in Tempe. "Hopefully, I make the team," said the hoopster from Pinon, Ariz. The opportunities for Natives to play for a Division I school, however, are almost as rare as the chance to play against one. Only 51 Native male and female athletes made top-tier college basketball teams in 2004-05, compared with 3,709 white players and 4,968 blacks, according to an NCAA race and ethnicity report. But Native American Basketball Invitational co-founders aim to change those figures by bringing NCAA recruiters to the fifth annual NABI high school basketball tournament. This year's tournament is July 8-14 in Phoenix. The NABI office will begin accepting registration applications on Jan. 2. "The NCAA certification would blow the glass ceiling off rez ball," said Gina Marie Mabry, director and co-founder of NABI. "The kids are going to be getting exposure to Division I and II scouts and coaches. There's no excuse now. We have all this talent." If the NCAA grants certification, it will make the Phoenix games the first all-Native American tournament with such status. The barrier so far has been an NCAA demographic rule that says teams competing in any summer NCAA event must be from the state in which they compete. Also, the NCAA currently doesn't allow more than three players on a team from another state. "That rule alone was hindering our ability to ever become an NCAA tournament," Mabry said. The NCAA is working with NABI to change the rules before the July tournament. The tournament will enable students to compete for athletic scholarships. In the past two years, the NABI Foundation has given out $25,000 to assist students in college. And 30 NABI players have been recruited and received scholarships to play basketball at schools throughout the United States. "We are using basketball as a tool to encourage Native youth to pursue higher education," said Mark West, a player program vice president for the Phoenix Suns and NABI co-founder. "Their exceptional talent and passion for the game makes them prime candidates for scholarship opportunities, but due to the demographics of most reservations, they do not always get to show off their talents to college recruiters." Each year, the tournament invites Native high school basketball players from across the United States to compete during nearly one week of scheduled games. The 2007 championship games will be at the US Airways Center on July 14. Sixty-four teams competed in 2006. Eighty teams will be competing in 2007. "We need more players at the NCAA Division I," said Chee, who played in his first NABI tournament at age 19. "It will be great to see all these Division I coaches going to NABI and looking at the Native American players." Reporter Jodi Rave can be reached at 1-800-366-7186 or at jodi.rave@lee.net. Copyright c. 2006 Missoulian, a division of Lee Enterprises. --------- "RE: Solstice brings to mind wonder of Creation" --------- Date: Wed, 20 Dec 2006 08:52:19 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="YELLOW BIRD: SOLSTICE" http://www.grandforksherald.com/articles/index.cfm?id=21071& section=columnists&columnist=Dorreen%20Yellow%20Bird&freebie_check& CFID=11181014&CFTOKEN=81651846&jsessionid=883024e23b77681d7657 Solstice brings to mind wonder of creation Dorreen Yellow Bird Grand Forks Herald December 20, 2006 There are points in times that are gifts from the Creator. One of those times is Thursday, Dec. 21 - the longest night of the year. It's when we're covered with a blanket of darkness for healing and warmth. On the opposite side of the Earth's revolution is the longest day - June 22. It's a time when the heavens provide insight. On each of these points in the calendar, many American Indian people hold ceremonies that bring insight, teaching and healing. Perhaps it's these teachings that cause me never to cover my second- story bedroom window with curtains or blinds. In the winter, when it's still dark, my internal clock wakes me. In the summer, I'm awakened by dawn's touch on my face - like a mother wakening her sleeping child. Waking to the light of the sun has become habit for me and seems to set the pace of the day. It is a habit I developed some 10 years ago, when I made a journey through a fasting ceremony on the summer solstice. I relive that summer ceremony for my relatives and friends. My journey began with two spiritual leaders and my brother helping me. They chose a spot for the fast on an outcropping of rock with patches of prairie grass. The area lay above an arm of Lake Sakakawea - an isolated, quiet place. I have to smile myself when I think how afraid I was that first time. My cousin-brothers, who live in the area, said not to fast there alone. It's haunted by the spirits of men killed in battle, they told me. After preparation, the group left me several miles from where they camped. They would keep watch while I prayed those two days and night. The daytime was the easy part, with hunger and thirst my only discomfort. The sun sets the rules for this ceremony, and that day, it played games with small puffs of dark clouds - one minute there and the next minute behind a cloud dropping rain to tease my thirst. Beyond the scattered clouds, the sky was an endless blue. As my eyes moved back to the clouds for something to anchor, a large hand-like cloud moved across the sky, shifting and changing. Between the prayers and contemplating the heavens, I spent the day. I, however, became too comfortable with day because the sun stayed so long. It wasn't until it began to sink in the west, with streaks of fiery red and orange still on the horizon, that I realized it would soon be dark, and I was alone. The mosquitoes had no mercy. They hummed in my ears and landed on my eyelids. Finally, the moon began Her journey across the sky. I told my brother that I wasn't aware the moon crossed so evenly through the sky. He laughed at me, and I thought, "Well, who stays up all night and stares at the night sky?" Then when the moon left the night sky, it was so dark that I had to strain my eyes to see the prayer flags right next to me. I could hear strange rustling in the grass and felt the wind brush across my shoulders and toss my hair. At one time, perhaps the darkest part of the night, I heard drum songs. I sat there staring into the night - trying to concentrate, trying to open my mind - when the prairie grass caught my eye. The grass was silver and glowing. It was all around me. This strange glowing color was the first rays of dawn. From that first light, I could see the roundness of the Earth and feel Her slow roll. I realized I wasn't even a speck in this huge universe; the sun, stars and the planets were alive. The Earth, my Mother, was turning. I was insignificant and small among the creatures around me. My problems were nothing. Before the dawn broke the magic of the silver, glowing prairie grass, a bird - the first bird - started to sing quite loud. In a few minutes, another sang until the birds were a symphony of sound as the sun's golden glow moved into the sky. It was like an orchestra of light and bird sounds. When the birds stopped singing for a minute, I would call out, "sing to me, sing to me," and they would respond. As the sun came full into the sky, my group came for me, I felt a lightheartedness and awe as I made my way down to the camp. It was as though I stood above the Earth and saw the universe. It is this winter solstice that renews the feelings of awe and splendor each year. ---- Dorreen Yellow Bird is a reporter and columnist. Her columns appear Wednesdays and Saturdays on the opinion pages of the Herald. Reach her at (701) 780-1228 or dyellowbird@gfherald.com Copyright c. 2006 Grand Forks Herald, Forum Communications Co., Fargo ND. --------- "RE: GIAGO: Christmas and Lakota traditions" --------- Date: Tue, 26 Dec 2006 08:32:04 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="GIAGO: CHRISTMAS MEMORIES" http://www.indianz.com/News/2006/017471.asp Tim Giago: Christmas and Lakota traditions December 25, 2006 Lloyd Little Wolf and Aloysius Day Boy were sitting on the steps in front of Red Cloud Hall about two weeks before Christmas. Red Cloud Hall was the main building on the boys' side of Holy Rosary Indian Mission on the Pine Ridge Reservation in South Dakota. The front of Red Cloud Hall faced south so that even on those cold December days the freezing wind from the North was blocked and the winter sun still gave off enough heat to keep us warm. As I approached the two boys they stopped talking to see who it was and when they saw me they started to talk again. They were speaking in their Native Lakota language and the Catholic priests had outlawed the language at the mission school and anyone caught speaking Lakota would be severely beaten. One day Basil Brave Heart was caught speaking Lakota and Father Edwards, the school principal, made us all line up in company ranks and watch as he forced Basil to bite down on a large rubber band. He then stretched the rubber band as far as he could and then let it snap back into Basil's face. The mission school was a boarding school located out in the country four miles north of Pine Ridge Village. We lived, attended classes, worked, ate and slept at the school nine months out of the year. It was a part of the grand experimental proclamation to "Kill the Indian, Save the Child" that was so popular in America for nearly 100 years. I usually hung out with Little Wolf, Day Boy and the Garnette brothers, Frosty and Heavy. We were one of those mission cliques that formed around friends as a way to survive. We had others join our clique on and off over the years, but the original five of us formed the backbone of the group. Day Boy's nickname was "Chief" and he was discussing words he heard in church that morning in a song called "Away in the Manger." He was telling Little Wolf about the song and in Lakota he was saying "nata skuya," which means "sweet head." In the Lakota language everything is taken literally. If you ask a Lakota speaker to say "tree" in Lakota the speaker might have a difficult time of it because he would want to know what kind of tree you wanted him to describe. Every tree has its own description. And so Day Boy and Little Wolf were trying to figure out how a baby could have a "sweet head." It was a real puzzler to us. We knew all about Christmas and the baby Jesus from our Catechism classes. In fact, all of us were altar boys and learned much of the Catholic Mass in Latin. Yeah sure, they could try to pound Latin words into our young heads, but rap us on the head for speaking our own language. There were certain portions of the Christian teachings that were easy for the Lakota people (and the people of other Indian nations) to accept because they followed closely some of the traditional spiritual practices handed down through the ages to the Indian people. For example gift giving was an ancient practice of the Lakota. In the old days when one visited friends or relatives, they took along a small gift. The gift might be a pound of coffee (pejuta sapa or black medicine) or a bag of tobacco (canli). There were days of gift giving to celebrate an important event in the family or to signal the end of a time of mourning for the loss of a loved one. These occasions are still held amongst the Lakota and they are called "giveaways." A family will spend an entire year preparing gifts. The family handcrafts many of the gifts, but as the modern times dictate, good portions of the gifts are now purchased at the local Wal-Mart. But the tradition survives. When the day of the "giveaway" came friends, neighbors and relatives gathered at the home of the gift givers and had a meal and as their names were called they went to the gift givers, embraced them and accepted their gifts. It is a Lakota tradition that outdates Christmas by centuries. Not all of us accepted the religion of the settlers, but the special holidays that we perceived to be a continuation of our own traditions fit easily into our way of life. Many years ago (1975) I spent Christmas Eve with Agnes Yellow Boy and her family at the impoverished community of Calico on the Pine Ridge Reservation. When we were kids at the mission school we were as cruel as kids the world over and we called Calico "Dog Patch" from the Lil' Abner comic strip. These days we bite our tongues when we think of our cruelty. Agnes was near death that Christmas Eve. She had a small tree set up in the corner of her tiny cabin and her children surrounded her. She was very poor and she was dying, but before I left her that night she asked me to lean down so she could speak directly into my ear and she said, "Anpetu ke waste' (The day is good). And in English she said, "This is one of the happiest days for me and my family because Christmas is a day when we exchange gifts, put up pretty lights, and go way back to the traditions that still live in our hearts." My boyhood friends, Day Boy and Little Wolf have passed away (The average life span on the reservation is about 46). I spoke with "Heavy" Garnette today and we hope to get together with "Frosty" this Christmas Day. Maybe we will speak about the "sweet head" of baby Jesus. And so it really doesn't matter if one is Lakota or Irish; Christmas will always bring back special memories. -- McClatchy News Service in Washington, DC distributes Tim Giago's weekly column. He can be reached at P.O. Box 9244, Rapid City, SD 57709 or at najournalists@rushmore.com. Giago was also the founder and former editor and publisher of the Lakota Times and Indian Country Today newspapers and the founder and first president of the Native American Journalists Association. He was a Nieman Fellow at Harvard in the class of 1990 - 1991. Clear Light Books of Santa Fe, NM (harmon@clearlightbooks.com) published his latest book, "Children Left Behind." Copyright c. 2000-2006 Indianz.Com. --------- "RE: HARJO: 2006 Mantle of Shame Awards" --------- Date: Sun, 24 Dec 2006 10:45:20 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HARJO: SHAME AWARDS" http://www.indiancountry.com/content.cfm?id=1096414231 Harjo: 2006 Mantle of Shame Awards by: Suzan Shown Harjo / Indian Country Today December 22, 2006 It's time to review the year for the shameful and shameless, with a warning: there aren't a lot of yuks this year. The Mantle of Shame Awards are the written version of collections of stereotypical stuff I once kept on a fireplace mantle to represent the worst that society had to offer. With appreciation to all who nominated noxious things, persons, ideas and activities, here are the winners of the Mantle of Shame Awards for 2006 (not necessarily in order of shamefulness): You and me - For not doing all we can do to relieve poverty and suffering, reduce energy consumption and heal Mother Earth and all her children. U.S. and us - For not doing all we can do to assure the future of Native peoples and cultures. Meth carriers and other violent offenders - For infecting and enslaving Native peoples with this new plague. For jeopardizing Indian people, territory and rights with this invasion. For every Indian or non-Indian bully - pusher, profiteer, druggie, boozer or enabler - who causes the physical or emotional abuse of a child, elder or woman in Indian country or communities. Legal-fiction writers - Those judges, lawyers, politicians, reporters and others who invent laws, histories and loopholes to allow people, businesses and governments to take, keep or sell stolen Indian lands, waters, resources, ancestors, rights and reputations. Defilers - Those scientists, grave robbers, vandals, vacationers and others who defile, desecrate, commodify and disrespect sacred places and ancestors. The morons and money-grubbers who stole the Morongo Rock, defaced the petroglyphs, robbed Spirit Cave and are "developing" burial and ceremonial grounds at Bear Butte, Hickory Ground, Little Cedar Mountain, Medicine Lake, Mount Graham, Mount Shasta, Ocmulgee Old Fields, Quechan Indian Pass, San Francisco Peaks, Snoqualmie Falls, Wakarusa Wetlands and many others. And policy-makers who won't establish a cause of action to protect Native American sacred places. Deniers - All decadent gamers who deny the existence and effects of the following: Global warming and climate change that are threatening the world. Subjugation and inhumane treatment of any people. The Holocaust, during which the Nazis killed one-third of the Jewish people. Janjaweed militias who are systematically murdering and raping black people in Darfur, Sudan. The invasive nightmare that drove myriad Native peoples to extinction and left us to deal with today's open wounds, injustices and white-gloved racism. Department of Energy - For failing to complete the containment facility at the Hanford Nuclear Site in Washington and allowing radioactive waste to come within 12 miles of the Columbia River. The unfinished container is intended to hold two tanks of 53 million gallons of waste, which is seeping into land and groundwater, threatening people and resources of the entire Northwest. Congratulations to the Yakama Nation for utilizing the U. S. - Yakama Treaty of 1855 to force environmental protection and restoration of the entire site. Team Abramoff - For all the reasons they swept the 2005 Awards: taking Native nations' monies, undermining Indian rights, insulting their tribal clients and greasing their pals' palms. For the comedy stylings of responses by Jack Abramoff, Michael Scanlon and Ralph Reed to court complaints filed by the Tigua and Alabama and Coushatta tribes, wherein the three K Street stooges claim they did not conspire to injure Indians or take their money. This award also goes to their faithful Indian companions and scouts who cashed in on the Team's tribal "moolah." Ex-Reps. DeLay, Foley, Ney et al. - For their special contributions to the Republicans losing and Democrats winning the leadership of Congress. But, wait. They don't deserve all the credit. Vital roles were played by ex-Defense Secretary Donald Rumsfeld, ex-White House staffers, ex-Interior officials, ex-FEMA Director Michael Brown, ex-marksman Vice President Cheney and the excellent adventure in Iraq. Senate Republican leaders - For failing to act on most funding bills passed by the House, even though they had sufficient time before the midterm elections and in the lame-duck sessions. "Indian-fighters" - Those who fight Indians to avoid accounting for Indian trust monies; to undo Indian preference; to keep from hiring Indians; to diminish Indian programs; to cut Indian services; to wipe out Indian budgets; and to prevent the elevation of Indian jurisdiction, authority, structure, people or power in any branch of federal, tribal, state or local government. "Indigena-fighters" - For all those who are suppressing, disappearing and killing indigenous peoples in Oaxaca, Mexico, and targeting the communicators who are documenting it. Respect for Zapotec Filmmaker Damian Lopez-Castillo, who showed footage at the Native American Film and Video Festival in New York City on Nov. 30 and said, "We know there are murders - we've filmed them." He praised the indigenous women who took over a public station in Oaxaca, broadcast the first news from the communities and encouraged the indigenous communicators to document what was happening. "Indigenous-fighters" - The African Union, Australia, Canada, New Zealand, the United States and all others who had a hand in the late- November maneuver to delay the United Nations' adoption of the Declaration on the Rights of Indigenous Peoples, which is long overdue for passage. "Indian Fight Club" - Those who fight living Indian peoples over fictional "Indian" sports references - such as the University of North Dakota, University of Illinois at Urbana-Champaign and the Washington professional football club - and who fight Native peoples in courts and Congress in order to keep "honoring" us with their disparaging names, imagery and behaviors. "Indian giver" - The University of Utah, which begged the Ute peoples to let them keep their "Ute" sports references, then reneged on its promise of scholarships for Ute students. Retro Dartmouth Review - For its full front-page "cartoon" of a scalp- waving "Indian on warpath." For its relentless effort to bring back the good old days of Dartmouth College's "Indians" sports references, which it dropped over 30 years ago. Kudos to the Native Americans at Dartmouth (Go NADs) for withstanding indignities with dignity and to those administrators and faculty members who backed them. Director/actor Mel Gibson - For demeaning Mayans ("Apocalypto"), Jews ("Jews are responsible for all of the wars in the world") and women ("Sugar Tits"). For substituting stereotypes, fictions and his own alcoholic dementia for the known history, culture and reputation of past and present Mayan people. For Disney and "Mad Mel" using the Cabazon pow wow and Chickasaw casino as backdrops of support for this anti-Maya movie. Potty Mouth Hall of Famers - Sen. George ("Macaca") Allen (who also double-crossed Virginia tribes on federal recognition). Author Ann ("Godless") Coulter. Actor/comedian Michael ("I'm not a racist") Richards. Sen. Conrad (I heart DC) Burns. Comedians Larry the ("Skank") Cable Guy and Drew (I love "Chief Wahoo") Carey. One Nation United's anti-Indian lobbyists and supporters. For reminding us that bigotry isn't below the surface, but sometimes doesn't win enough votes, laughs or games to carry the day. Actor Russell Means - For going to the Supreme Court to undermine the jurisdiction of Navajo Nation, because it charged him with beating his wife and her Navajo father, a disabled World War II veteran (Means lost). And for mocking the sovereign prerogative of Cherokee Nation, Keetoowah Band and Muscogee (Creek) Nation to determine their citizenry when they disputed author Ward Churchill's claims that he was Cherokee and Creek. -- Suzan Shown Harjo, Cheyenne and Hodulgee Muscogee, is president of the Morning Star Institute in Washington, D.C., a nd a columnist for Indian Country Today. Copyright c. 1998 - 2006 Indian Country Today. All Rights Reserved. --------- "RE: The Sober Racism of Mel Gibson's Apocalypto" --------- Date: Wednesday, December 20, 2006 01:56 pm From: Chiapas95-english Subj: En;The Sober Racism of Mel Gibson's Apocalypto,Dec 17 Mailing List: Chiapas95-En This message is forwarded to you by the editors of the Chiapas95 newslists. To contact the editors or to submit material for posting send to: . Date: Tue, 19 Dec 2006 17:31:06 +1100 From: "Muller, Andrew" Published on Sunday, December 17, 2006 by CommonDre