::Native.Strength::

April 30, 2010

State recognition of Indian tribes runs into trouble

Filed under: Uncategorized — GreyMalkin @ 5:02 am

NASHVILLE — Attempts by several groups to get official state recognition as American Indian tribes or nations ran into trouble Monday.

In a joint meeting of the House and Senate Government Operations Committees, the Tennessee Commission on Indian Affairs, which is scheduled to go out of existence July 1, was seeking the committees’ approval of rules regulating recognition. The rules were to have gone into effect May 17.

House Democratic Caucus Chairman Mike Turner, of Nashville, said the Legislature in the past has refused to recognize tribes, and he contended the proposed rule runs counter to the “wishes of the Legislature.”

Noting that the commission soon will cease, Rep. Turner told Indian Affairs Commission Chairman Tamara Hicks, of Chattanooga, “I don’t think we’ve ever had a commission go against what the Legislature wanted … and then go out of existence not having anyone there to govern what they have recognized.”

He moved to delay consideration of the rules for 60 days, which the House and Senate panels approved on separate votes.

The date is beyond the time the commission could act before going its demise. But Rep. Turner said it should provide time to see if the Legislature will extend the life of the commission.

Commission member Christine Goddard earlier objected, telling lawmakers, “I really cannot believe you’re going to sit here and pass a stay that will allow the rules to cease because the commission is no longer going to be around. That is just incomprehensible.

“The Native Americans in Tennessee have been here forever,” she said. “How many minorities out there have to have proof to be a minority?”

The Cherokee Nation of Oklahoma opposes the rules. Chattanoogan Tom Kunesh, a former commissio chairman and a member of the federally recognized Standing Rock Sioux Tribe in the Dakotas, joined 33 others in a petition opposing the proposed rules.

Members of federally recognized tribes for years have opposed state recognition, contending Tennessee-based groups seeking recognition are members of “culture clubs” who fancy themselves American Indians but cannot prove their heritage.

Groups seeking state recognition counter that they are the legitimate descendants of American Indians who escaped the 19th century expulsion from the Southeastern United States known as the Trail of Tears. They charge that federally recognized tribes and their members want to continue monopolizing government and other benefits.

Mark Greene, who lobbies for the Cherokee Nation of Oklahoma, told Tennessee lawmakers that the commission is pushing “eleventh hour recognition” and “has a built-in bias because four of the seven commissioners are members of the actual tribes which are seeking recognition.”

Ho-Chunk gives thousands to Shawano County

Filed under: Uncategorized — GreyMalkin @ 5:02 am

http://www.shawanoleader.com/articles/2010/04/27/news/news3.txt

Shawano County is one of 11 Wisconsin counties receiving money from the Ho-Chunk Nation.

Shawano County last Thursday received $82,500 — and will potentially get that same sum for up to 25 years, under the agreement with the tribe.

The Ho-Chunk Nation’s gaming compact with Wisconsin requires that the Nation make annual payments to the state, with the amount partially based on the earnings from its gambling facilities.

An amendment to that compact, however, allows the Nation to give $1,000 per acre to each Wisconsin county that has tribal trust land.

“The Ho-Chunk Nation always strives to support local communities throughout Wisconsin,” said Ho-Chunk vice president Dan Brown. “During these tough economic times, we hope these payments will help spur economic development, ignite success for many local businesses, and improve neighborhoods.”

The Ho-Chunk Nation potentially will give nearly $2.2 million annually to the 11 counties for at least the next 25 years, which would result in over $55 million to Wisconsin counties.

Three-fourths of the money is going to two counties — Vernon and Jackson — which have by far the most land in tribal trust. Together, those counties received nearly $1.5 million.

Each of the 11 counties have individualized plans on how they will use the additional funds, some projects include: maintenance of roads, highways, parks and bridges, law enforcement patrol, improving electronic communications, funding for human services programs, funding economic development centers, and economic growth.

The money was wired to the counties last Thursday. The Shawano County Board accepted the contribution at its meeting a week ago.

County administrative coordinator Frank Pascarella said the money would be used for capital improvements at Wilson Lake-Voelz Park, which is located two miles west of Wittenberg on Nightingale Road.

Pascarella said the funds will help pay for a new shelter, bathrooms and other improvements at the park, which is near the tracts of land owned by the Ho-Chunk Nation.

“We want to use those funds in an area of visibility, rather than a general purpose,” Pascarella said.

Other counties receiving money are: Adams, Clark, Crawford, Dane, Jackson, Juneau, Monroe, Sauk, Vernon and Wood Counties.

Dan Brown says many community leaders have expressed their excitement about the unexpected funds.

“We’re excited to see how the payments will help improve our local communities,” said Anne Thundercloud, Ho-Chunk public relations officer. “Since the payments will continue for the next 25 years, we expect that everyone in these 11 counties and surrounding communities will benefit in the long run.”

Chippewa leaders delay talk on treaty rights

Filed under: Uncategorized — GreyMalkin @ 5:01 am

A meeting planned for Tuesday was canceled so Leech Lake and White Earth bands can coordinate their stand on a 1855 treaty.

Chippewa tribal leaders have canceled a Tuesday meeting planned to discuss hunting, fishing and gathering rights that the Leech Lake band and other bands are seeking over a large swath of northern Minnesota.

In a letter to Department of Natural Resources Commissioner Mark Holsten, Leech Lake Chippewa Chairman Arthur (Archie) LaRose said the scheduled 10 a.m. meeting would be “premature.”

LaRose said he first wants to develop a common approach with the White Earth band of Chippewa to seek an affirmation of rights that the bands believe were reserved in an 1855 treaty.

Holsten could not be reached for a comment Monday.

The canceled meeting is the latest in a week’s worth of announcements over treaty rights that the two bands hadn’t actively pursued until last week — not even through the raucous Wisconsin treaty rights struggle in the 1980s, or the nine-year legal saga that ended with the Mille Lacs band winning fishing rights on Lake Mille Lacs.

A 1999 U.S. Supreme Court ruling affirmed that the Mille Lacs band had broad hunting, fishing and gathering rights in 12 east-central counties included in an 1837 treaty.

Last week, the Leech Lake band appeared to sanction an off-reservation treaty rights fishing demonstration scheduled for May 14, the day before the state’s walleye and northern pike season openers.

Later, both LaRose and White Earth Chairwoman Erma Vizenor said that the protest would serve no purpose and that they and their respective band leaders had not approved it. They urged a diplomatic solution between the state and the bands.

LaRose, in a prepared statement issued on April 22, asked Leech Lake band members who might be planning to protest to stay home instead.

In his letter Monday to Holsten, LaRose said tribal members are very interested in co-management of ceded territory resources.

“An off-reservation fishing code has been drafted and nearly ready for presentation to Leech Lake and White Earth reservations to consider adopting,” LaRose wrote.

The region covered by the 1855 treaty and another in 1854 approximately covers that part of Minnesota that’s north of Interstate 94, except for the counties covered by the Mille Lacs decision.

The Arrowhead region of the state’s northeast, as well as the Red Lake country in the far northwest, also might be excluded.

Shannon County to provide Lakota election materials, bilingual officials at polls

Filed under: Uncategorized — GreyMalkin @ 4:58 am

The federal Justice Department says it has reached an agreement with South Dakota’s Shannon County to help American Indian voters.

The agreement requires the county to provide election materials and information in Lakota for voters who speak that language, and to have trained bilingual election officials at polling sites.

The agreement also ensures compliance with various other provisions of the Help America Vote Act, which is aimed at helping minority voters in jurisdictions determined by the Census Bureau to have a substantial population of minority-language residents.

Shannon County includes much of the Pine Ridge Sioux Indian Reservation. Four of the five county commissioners are members of the Oglala Sioux Tribe.

Tulsa Arrest Prompts Prison Alert

Filed under: Uncategorized — GreyMalkin @ 4:57 am

Inmate May Have Ties To OKC Slaying Case

Oklahoma prison wardens are on alert after the arrest of a convicted felon with connections to an Oklahoma City slaying. Tulsa police shot and critically wounded Denny Phillips on Monday in a shootout. They said they believe he had broken into a police officer’s home. Police said he is also a person of interest in the November slayings of four people and two unborn babies in southwest Oklahoma City. One of the six victims, Casey Barrientos, was Hispanic. The only person who was previously charged in the case, David Tyner, is Native American. After the slayings, fights broke out between members of some Native American and Hispanic prison gangs. After Phillips’ arrest, wardens were notified to pay close attention to those gangs. Oklahoma County district attorney David Prater said that he had warned his staff that Phillips might have police uniforms, guns and badges and that he may want to target people in Oklahoma City. He said Phillips’ MySpace page contains references to the Indian Brotherhood, a prison gang. Oklahoma City University criminology professor Dr. Howard Kurtz said events on the outside of the prison can affect how gangs interact on the inside. “I think today there is such a connection and the gangs are so large, I think it’s much more common that things on the outside will spill over to the inside and it can happen the other way, as well,” he said. Kurtz said that Native American prison gangs have doubled in the past decade. “Even if they are not being counted in our prisons, they are growing in our prisons, as well as Spanish-American and Mexican-American gangs as well,” he said. “They are both growing and that seems to be what people thing the problem is right now.” Eyewitness News 5 attempted to obtain a copy of Prater’s e-mail warning to staff members, but the request was denied on the grounds that it concerns an ongoing investigation.

Duwamish dream of recognition may hinge on pro bono assistance

Filed under: Uncategorized — GreyMalkin @ 4:56 am

http://www.realchangenews.org/index.php/site/archives/4140/

Tribe continues fight for federal status

Cecile Hansen, chairwoman of the Duwamish Tribe, has been fighting for tribal recognition since the 80s and has no intention of giving up yet. However, the tribe’s pro bono lawyers may be.

“The lawyers who were supposed to represent us on our appeal think they can dump us,” Hansen says. Without legal representation, Hansen fears the tribe’s long-standing tribal recognition case could die.

The case is an appeal to a decision by the administration of George W. Bush to repeal the tribe’s federally recognized status, which was granted in the waning days of Clinton’s presidency. Hansen says she and the tribe’s council have been left mostly in the dark with regards to the progress of their case. “As chair, I should be able to know what’s going on with the tribe,” she says.

She recently received a letter from the lawyers stating their intention to end representation of the tribe by the end of April, and Hansen has been scrambling to find someone to replace them.
Crowell Law Office — whose attorneys Scott Crowell and Scott Wheat have been representing the Duwamish Nation free of charge — refused to speak about the case or its representation of the tribe.

The Duwamish have been trapped in legal battles practically since Chief Sealth, who, representing the Duwamish and Suquamish tribes and other area tribal leaders, signed the Treaty of Point Elliott in 1855. Sealth, the namesake of Seattle, was the son of a Duwamish woman, and Hansen is his great-great-grandniece.

Almost immediately, the treaty with the Duwamish was broken. The Duwamish never received a reservation, and some members joined other tribes that had reservations.

In 1979, a federal court ruled the tribe could not prove tribal leadership existed between 1915 and 1925, and therefore could not have treaty fishing rights. The Bureau of Indian Affairs used this same reason to deny the Duwamish status in 1996. The tribe gathered evidence proving continuing leadership, prompting the last-minute Clinton administration decision to grant tribal status. The Duwamish tribe were a federally recognized tribe for fewer than 48 hours in January of 2001.

When the Duwamish heard their status was revoked, “We were blown away,” said Hansen.

Aside from the pending legal case, the Duwamish also have a chance to gain recognition through a bill sponsored by Rep. Jim McDermott, H.R. 2678, held up in committee since July 15, 2009.

Even still Hansen presses on, making fry-bread to raise money for the tribe and searching for someone new to take their case. “That’s all I’m thinking, 24/7: this tribe.”

April 27, 2010

Native American activists protest at Eagle Rock

Filed under: Uncategorized — GreyMalkin @ 3:05 pm

http://www.miningjournal.net/page/content.detail/id/543341.html

MARQUETTE – Native American activists were setting up a tent camp at Eagle Rock Saturday, expecting to stay indefinitely peacefully protesting the Kennecott Eagle Minerals Company nickel and copper mine on the Yellow Dog Plains.

“I’m here because this is a sacred spot to our people,” said Charlotte Loonsfoot, 37, a Keweenaw Bay Indian Community member from Baraga who organized the stand at the rock. “They’re going to drill underneath that rock. I’ve seen the spot, it’s like feet from the rock and it’s huge – the hole is huge.”

Loonsfoot and Chalsea Smith, 20, another KBIC member from Baraga, arrived Friday as the sun was setting, driving a small car packed with provisions up a dusty Marquette County Road AAA to Eagle Rock.

“We’re going to try to sit here and protect it for as long as possible until maybe we can do something like stop them,” Smith said, referring to Kennecott. “They don’t care about the land or anything that happens. They just want the money. As long as they get the money, who cares? ‘Cuz they don’t live here. They won’t be living here all the time. So they’ll just pack up and leave and go to the next project because they get paid. Money drives people.”

Kennecott officials said they were open to talks with the KBIC.

“The invitation for a cooperative relationship for discussion of issues and working together to address both parties’ interests – that is an open invitation that we hope the tribe will accept,” Deb Muchmore, a Kennecott spokeswoman in Lansing , said Saturday. “We’re looking for solutions.”

Kennecott recently sent a letter to the KBIC informing them construction at the mine site was to begin and stating they wanted to talk with tribal officials about access to Eagle Rock. According to Muchmore, the primary goal for Kennecott is to ensure safety for tribal members while at the site.

Red-lettered signs saying “No Trespassing” had been put up by Kennecott this week after anti-mine activist Cynthia Pryor of Big Bay was arrested Tuesday for trespassing. Pryor, who was freed from jail Thursday on a personal recognizance bond, allegedly stood in the path of a bulldozer, hoping to stop its work. Pryor is scheduled to appear in Marquette County District Court May 6.

Loonsfoot and Smith had been to the site the day after Pryor was arrested.

“We were here before and there was no signs here,” Loonsfoot said.

The bulldozer was preparing the site for erecting a fence and Kennecott beginning to construct surface facilities for the mine this summer. Kennecott is leasing 120 acres from the state. Long swaths had been cleared through the jack pine and stumps.

Loonsfoot and Smith slept in their car near the base of Eagle Rock Friday night. They climbed the tree-covered outcropping Saturday morning to pray. Loonsfoot leading the ceremony, Smith learning the traditional ways of her elders.

Many more people were expected to gather at the site over the weekend. Loonsfoot said she sent e-mail invitations to all tribal members and the tribal council. She also posted word of the gathering on her Facebook page.

“Everybody that I know knows that I’m coming out here,” Loonsfoot said.

Smith said she knew of others who were packing up food or other items and were en route to the rock, which is located within 10 miles southwest of Big Bay.

Loonsfoot said those coming to the site plan to camp and hold ceremonies. A sacred fire is expected to be lit and a tribal medicine man is set to visit the gathering Sunday from Minnesota, offering advice.

“Something will happen,” Loonsfoot said. “I trust the creator’s going to help us because we feel like we’re doing the right thing.”

Kennecott is apparently not planning to try to prevent the gathering.

“They have an interest in expressing their viewpoint on the project,” Muchmore said, “And we’re not going to interfere with that.”

National and Upper Peninsula members of the American Indian Movement in Republic, Trout Creek, Baraga and other places were also invited.

“Most of the big ones are in Arizona and word is out to them and hopefully they’ll be coming up,” Loonsfoot said. “We want people to come and help us if they believe in this and are strong with it.”

In her invitation, Loonsfoot told her fellow Native Americans, “The time is now. We have to go protect what is right and true to our people and our future.”

In addition to tribal rights to visit the site, those Indians gathering are also concerned about potential damage to the environment from the mine, including the Salmon Trout River.

Loonsfoot sighed deeply and turned away from the winds gusting into her face as the sun sank Friday.

“That’s such a beautiful spot and they’re blocking it from us to go and do our fasts, our spiritual ceremonies and everything else that we do up there,” Loonsfoot said. “And I don’t believe that they should be doing that to us because we are connected to the earth. The whole water thing, you know. Women are protectors of the water – and this is our main reason why we’re here.”

Stephen Hawking compares evil space aliens to American colonists

Filed under: Uncategorized — GreyMalkin @ 3:05 pm

Stephen Hawking says humanity should beware of space aliens because they could be just as dangerous as colonists were to American Indians.

“If aliens ever visit us, I think the outcome would be much as when Christopher Columbus first landed in America, which didn’t turn out very well for the Native Americans,” the leading scientist said in a recent interview promoting a new Discovery documentary.

The danger appears all the more real, since Hawking believes the odds of aliens existing are mathematically pretty good.

Most of those aliens would probably be simple creatures, he said, but some could come ready to raid, plunder, and destroy Earth.

So we should just be quiet, and not try to attract them, the scientist believes.

A problem with that plan: no recorded history suggests that Native Americans reached out to colonizers to attract them to the “New World.” Nope, Columbus and friends just stumbled upon it. And then did what they did.

Just like the aliens might do to Earth.

Tribe-county kerfuffle’s real victim is the public

Filed under: Uncategorized — GreyMalkin @ 3:05 pm

http://www.spokesman.com/stories/2010/apr/25/tribe-county-kerfuffles-real-victim-is-the-public/

A stubborn clash was reignited last week between the Coeur d’Alene Indian Tribe and Benewah County over tribal police authority. It may look like a routine he-said-she-said standoff, but the evidence convincingly favors the tribe.

The question is, who altered an agreement that was worked out in a short, tense negotiation intended to avoid legislative intervention?

The tribe says Benewah County officials made dozens of substantive changes before finally returning a signed agreement to the tribe, which had signed it right after it was presented a month earlier to the House Judiciary, Rules and Administration Committee. Benewah County Prosecutor Doug Payne contends the tribe made the changes.

Minutes of the committee’s March 17 meeting record that Idaho Sheriff’s Association lawyer Michael Kane told committee members an agreement on cross-deputization had been reached and “will be signed by all elected officials.”

Copies were distributed to the committee; tribal leaders signed within days and sent it to county commissioners, who had it roughly a month with no public complaint about any alterations.

A couple of credible, independent witnesses agree that the document signed by county commissioners was substantially revised. State Rep. Jim Clark, R-Hayden Lake, the committee chairman, is one. Executive Director Vaughn Killeen of the Sheriff’s Association is another.

We can see why the tribe is furious, but the real victim of the dispute is the public, which has the most to lose when law and order are undermined.

The tribal police force once had a cross-deputization agreement that allowed its state-certified, professional officers to enforce the law on that portion of the reservation within Benewah County, regardless of whether a suspect was Indian or non-Indian. (Such a pact is in force in Kootenai County and works fine.)

But Benewah County Sheriff Bob Kirts has canceled the agreement, gutting tribal officers’ authority in areas ranging from boating infractions to domestic violence on the reservation, where six out of seven residents are nonmembers.

It shouldn’t take the Legislature to solve this. It shouldn’t take mediators and arbitrators. It should take nothing more than the same kind of goodwill and respect for public safety that has worked well between the tribe and Kootenai County.

As the minutes from that March 17 legislative committee meeting so hopefully put it, “Bringing the parties together was in everyone’s interest.”

Someone tell that to the Benewah County commissioners.

The best of Cliff Kirkpatrick’s Oregon State football blog

Filed under: Uncategorized — GreyMalkin @ 3:03 pm

Oregon State football players started a trend in recent years of learning about local American Indian history and activism during spring break.

There were 12 Beavers who took an intense 3-day, 12-hour-a-day class in late March. Each day there were trips to various reservations around Newport, Siletz, Grand Ronde and to the Native American Youth and Family Center in Portland.

Lectures and tours were done by tribe elders so players could learn first-hand about them. Papers were written about what they learned that night.

“Their stories were so amazing,” senior defensive tackle Brennan Olander said.

Players started jumping on the course because it’s three credits during a time when they don’t have to practice, meet with coaches or lift weights.

Along the way, however, something happened. The athletes came away with a broader view of history. Players continually rave about their experience.

Olander is from Grants Pass near the Rogue River tribe, and what he learned there were things he heard for the first time. He didn’t know there was so much history around the Rouge River where he played growing up.

“It was definitely eye-opening,” Olander said. “It was an awesome experience. Doing 36 hours of work in three days was a lot of fun.”

So while these football players are driven to their competitive nature to be ready for fall Saturdays, learning and maturity does happen away from the field during their time at OSU, too.

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