::Native.Strength::

April 12, 2012

Begging for Scraps at the Table of Justice

Filed under: Politics — Tags: , , , , , , — Gyasi Ross @ 9:20 pm

Native people have the greatest interest of anybody in making sure that all poor people and all people of color receive justice when they are wronged. Many times in history American justice has given Native people the shaft, and so that might make a few of us impatient, angry and not wanting to share the spotlight when an “injustice” discussion comes up.

There are a couple of Native people who don’t want to share that spotlight.

Those Natives feel that they should have a monopoly on that injustice discussion; nobody knows American injustice like Native people. How dare the media talk about injustice toward other people until they address the injustice toward us?

To wit, when I first posted about the Trayvon Martin tragedy here, it received a huge response, both agreeing and disagreeing. Thank you. Although some perspectives are better thought out than others, I appreciate you all reading my words and giving thought to my thoughts. And even though I definitely love it when someone agrees with my perspectives, I’m Blackfeet—I also love confrontation and opposition. Fighting is fun, and The Thing About Skins is specifically intended to be a forum for fearless Indigenous writers (Cetan Wanbli, Rob Chanate, Ray, me) to push ideas, think outside of the box and to say the unpopular thing that a WHOLE bunch of Native people are thinking. The Thing About Skins was designed for precisely that. Therefore I was thankful that some people disagreed with my perspective so we could fight a little bit.

Most of the Native people that responded to the piece agreed that we need to push for justice of all people in this country. Most Native people “get” justice—we know that it sucks to be on the outside looking in and we don’t want others to feel that pain.

Still, there was one small group of dissenters about the Trayvon Martin piece that troubled me, and it wasn’t because they disagreed with me. People disagree with me all the time—I cannot tell my son to go brush his teeth without him giving me 30 reasons why he shouldn’t brush his teeth at that moment. And sometimes, as a result of his reasoning skills, he gets out of brushing his teeth. So I don’t mind disagreement—I actually encourage it.

That small but very vocal group of dissenters only wanted to contextualize the tragedy around Native injustice and therefore pushed the position toward Native issues. Those readers pushed forward a laundry list of Native injustice topics that Indian Country Today Media Network should be talking about instead of this dead child who was racially profiled and then killed by a person that shot first and asked questions later. One dolt actually hinted that we should be talking about, instead of the death of this child, Native mascots, as if the undeniable disrespect of Native mascots is more horrible than (alleged) second-degree murder. Another group offered the position that “There have been Native American children killed and there was never any prosecution. Why are we talking about this NON-NATIVE child, when it happens to our children all the time?”

That’s a fair point. We certainly should be talking about any Native children that had their lives taken early. We should be screaming from the rooftops for justice for those beautiful Native children, men and women that have been waylaid by the justice system; we need to be more proactive about protecting our own. No question.

Still, that love and demand for justice that we show to our own people doesn’t need to come at the expense of other people. In fact, it shows a profound spiritual poverty if Native people believe that the only way that we will get justice is by trying to compete with other ethnicities for justice, as if justice was a plate of our favorite food that everybody else will eat if we don’t eat all that we can right now. That is a lie that we’ve been sold, and we bought it hook, line and sinker—“there is only a little bit of justice, and so you better make sure that you cut everybody else’s throat to make sure that you get it.”

Ugly. Desperate. Spiritually impoverished.

We need to be more than a bunch of people begging for the tiniest scraps of justice at the great white father’s table, competing for those scraps.

Instead, we must realize that Native people have a vested interest in making sure that everybody in this country’s rights are respected. The more that all people of color are able to enforce their rights in this country, the more likely that justice will eventually make its way to Native people. We are all inextricably linked and need each other—therefore, Indian people should be screaming for justice for Trayvon Martin specifically because we’ve seen many instances of Native people being killed by rednecks under the theory that the Native people were “threatening” before. We should be screaming for the racial profiling of Mexicans in Arizona to stop specifically because we know what it feels like to be racially profiled and to thus be robbed of our rights. When redneck legislators attempt to limit the ability of homosexuals to decide whether they want to marry or not, we should stand beside them understanding how demeaning it is to have outsiders dictate what you can and cannot do as a group. We should stand with poor and voiceless people of all colors, including poor white people. We should stand up for them, because we would want them to stand up for us when our human and civil rights are threatened. No more begging for scraps—let’s demand full justice for all of our people.

Gyasi Ross is a member of the Blackfeet Nation and his family also belongs to the Suquamish Nation. He wrote a book called “Don’t Know Much About Indians (but i wrote a book about us anyways)” which you can get at www.dkmai.com. He is also co-authoring a new book with Robert Chanate coming out in the Summer of 2012 appropriately called “The Thing About Skins,” and the website and publishing company for that handy, dandy book is www.cutbankcreekpress.com (coming soon). He also semi-does the twitter thing at twitter.com/BigIndianGyasi

Read more @ Indian Country Today Media Network.comBegging for Scraps at the Table of Justice - ICTMN.com.

Beaver Lake Cree Nation Allowed to Continue Lawsuit Against Province and Feds

In a modern-day proverbial David-versus-Goliath victory, tiny Beaver Lake Cree Nation has persevered in its attempt to sue both the Alberta and Canadian governments for damages stemming from 15 years of oil sands development that it was never consulted on.

The Court of the Queen’s Bench has upheld the First Nation’s 2008 lawsuit despite the provincial and federal governments’ attempts to throw it out amid claims that it is frivolous. In her decision Justice Beverley Browne said that the case is worth pursuing because it raises issues and questions about aboriginal consultation overall that need to be addressed.

Winning the case would not entail revoking the 19,000 development permits that have been issued during that time, Browne said. Rather, it would allow both parties to “sit down and negotiate the application of the duty to consult and how ongoing aboriginal and treaty rights will be protected and managed,” the decision said. Browne implied that the court might even play a mediatory role.

“We have always been ready to talk, and we are pleased that the Court may even go so far as to supervise those talks,” Beaver Lake Chief Henry Gladue said in a statement. “The treaty is a sacred document for my people and we are very happy that the courts are prepared to back us up to ensure treaty rights are protected.”

The 900-population Cree First Nation claims in its lawsuit that it has lost its treaty-guaranteed ability to hunt, trap and fish on its traditional lands as a result of development in the oil sands region of Alberta. The First Nation is a signatory of Treaty 6.

The crude extracted from this development, which is carved out of the boreal forest, is sold mainly to the U.S. It would also be the source for oil sent to Asia through the contested Northern Gateway pipeline, as well as to the Gulf of Mexico should the Keystone XL pipeline ever get approved.

Here, Donald and Christine Twin describe the effects on their way of life, their health and their land. The Beaver Lake Cree Nation’s website has more info on their ongoing struggle to survive.

Click here to view the embedded video.

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Oil and Gas Boom in Indian Country! Tribal Leaders and EPA Meet in Denver

On April 3, tribal leaders met with the Environmental Protection Agency (EPA) in Denver to discuss a number of pertinent issues, including those related to booming oil and gas exploration on tribal lands and some of the accompanying problems.

Members of a six-state EPA tribal regional operations committee (ROC) analyzed recent oil exploration successes and drawbacks, hydraulic fracturing, or “fracking,” and the difficulty of environmental protection when big money is at stake.

Boom Times

Indian country is poised for substantial new oil and gas activity, the revenue from which may equal or exceed the riches currently being extracted from the Bakken Formation, which lies beneath a 200,000 square-mile area in North Dakota and Montana that includes Fort Berthold Indian Reservation, home of the Three Affiliated Tribes.

Oil and gas production in North Dakota has yielded more than $1.3 billion annually and Bureau of Land Management (BLM) inspections on federal mineral operations on the Bakken Formation rose from 200 to 718 in a four-year period, according to that agency.

Jim Stockbridge, BLM trust liaison officer, said that on Fort Berthold the revenue from oil and gas is “huge,” but it may pale in comparison to projected extraction on Ute Indian Tribe lands on the Uintah and Ouray Reservation in Utah, where oil resources exist that may be “at least as big as the Bakken Formation.”

Another area expected to see “a phenomenal amount of activity” in oil and gas exploration is around Farmington, N.M., which may add 1,000 new wells this year, he said.

Social Costs

Along with the minerals boom, however, are social problems. For instance, with so much money coming into the area, real estate values tend to spike dramatically, pushing housing costs too high for low- to mid-level employees; this just one issue of many on “the entire spectrum of what you’ll have to deal with,” Stockbridge said.

Alfreda Mitre, Las Vegas Paiute Tribe, director of EPA’s regional Tribal Assistance Program, in an introduction to the discussion noted potential effects on roads, transportation, infrastructure, housing, air and water.

For every restaurant on Fort Berthold, there’s a least a one-hour wait 24 hours per day, Stockbridge said, while at an intersection without a traffic light a pedestrian had to wait a half-hour to cross because of the constant stream of semi-trucks going through non-stop.

Describing huge per-acre payments to individuals by exploration companies, Stockbridge said “these kinds of revenue will become the norm.”

Dean Goggles, of the Northern Arapaho/Eastern Shoshone Wind River Reservation’s environmental quality commission, said 99 percent of tribal land has minerals belonging to the tribe and oil companies “have jumped on this—it’s a land grab.”

Hydraulic Fracturing: Pros and Cons

EPA scientist Nathan Wiser noted that fracking can “increase production dramatically” in the oil and gas shale that occurs across the U.S.

Fracking drills and injects water and chemicals into the ground at high pressure to fracture the rock beneath so that it releases oil and gas. As oil prices rise, production using fracking has become economically viable.

Both the Ute Indian Tribe of Utah and the Southern Ute Indian Tribe of Colorado wrote to the government early this year expressing concern about pending BLM rules on fracking as it could affect economic development.

After years of hardship, “new BLM rules on hydraulic fracturing would disproportionately impact the Tribe due to our greater reliance on oil and gas development for economic growth and sustainability,” the Ute Indian Tribe wrote.

Fracking “makes the extraction of oil and gas economically feasible,” said the Southern Utes, noting there are “significant recoverable resources” in shale formations on their reservation.

Wiser said some fracking issues include the acquisition of fracking water and its competition with drinking water, the disposal of flowback from the wells, the adequacy of treatment of the flowback, spills that could enter streams, and others. “The seismicity issue is definitely of interest,” he said, explaining that if there is existing tectonic strain, fracking could “lubricate” the process.

Protecting the Environment

With so much money pouring onto tribal lands, “it’s like trying to stop a freight train,” Stockbridge said, and “the environment may be steamrolled” without early planning. At Fort Berthold, they can’t get enough rigs in to drill rapidly enough, and the operations require “a phenomenal amount of water,” he said.

Environmental concerns will have to “get ahead of the game” because of the “astronomical” amounts of money involved, he said.

EPAROCWagner 270x311 Oil and Gas Boom in Indian Country! Tribal Leaders and EPA Meet in Denver

Gerald Wagner, photo by Carol Berry

Gerald Wagner, Blackfeet Nation environmental service director and vice-chairperson of the ROC, said his tribe is looking for the “environmental protection component” although the tribe does have protection ordinance. Nevertheless, the tribe is looking for the “best protection of our resource” and said he is concerned about effects to the aquifer, which may be only 10 feet from drilling activity.

Exploratory wells that use fracking have been drilled on the Blackfeet Nation’s reservation, where tracts adjoin Glacier National Park and have been a concern to some tribal members. The region may contain some 109 million barrels of oil as part of the Bakken Formation, according to tribal officials.

Tribal leaders in Denver were also told about an EPA investigation of drinking water problems in a small Wyoming community surrounded by gas production wells on the Wind River Reservation. Monitoring wells near gas wells where fracking occurred from 1998 to 2006 showed that contaminants present at high levels in the monitoring wells were “likely a result of hydraulic fracturing,” said Ayn Schmit, unit chief, EcoSystems Protection.

There is concern that the contaminants “could migrate to drinking water wells” though further study is needed, she said.

At the end of the session on oil and gas development, Wagner recalled the phrase, “Water, water everywhere and not a drop to drink” — unless, he added, you include drinking water “with gas bubbling up out of it.”

Read more @ Indian Country Today Media Network.comBegging for Scraps at the Table of Justice - ICTMN.com.

Trayvon Martin Case Another Example of Black and Native Communities Sharing Unfortunate Effects of Racial Profiling

On February 26, 2012, 17-year-old Trayvon Martin was shot and killed by George Zimmerman, a self-proclaimed neighborhood watch leader, as he returned from a nearby store where he had bought some snacks. Zimmerman, who says he shot Martin in self-defense, was arraigned on second-degree murder charges on April 12 in Sanford, Florida, after weeks of protest, leaks and speculation.

Because Martin was a young, unarmed black male, many people believe he was the tragic victim of racial profiling by an over-zealous Zimmerman.

LO RES george zimmerman AP120330041720 115x63 Trayvon Martin Case Another Example of Black and Native Communities Sharing Unfortunate Effects of Racial Profiling

George Zimmerman

Racial profiling is a scourge for all minority communities, and this tragedy calls to mind the fatal altercation between a Seattle police officer and a Native woodcarver John T. Williams in 2010. In both cases, the victim was confronted and killed by a man with a gun who thought he was protecting his community.

LO RES FEA Photo John T Williams Memorial Pole Totem if You Got Em courtesy John T WIlliams Family copy 270x266 Trayvon Martin Case Another Example of Black and Native Communities Sharing Unfortunate Effects of Racial Profiling

John T. Williams

Dr. Arica Coleman, a professor of African American studies at the University of Delaware, is of both Native American and African American descent and knows well the constant threat posed by racial profiling. “Just being a woman of color makes me a target,” says Dr. Coleman, who then recounts a recent incident that—although it had a peaceful resolution—reinforces her point. “I was dressed in athletic wear, taking a walk through my nice, white suburban neighborhood with an exercise weight in each hand—I was not the only one walking with exercise weights—pumping my arms vigorously so as to get an optimal workout,” she says. “I turned my head and spotted a police cruiser slowly trailing me. When the officer flashed his lights I immediately stopped.”

After Coleman gave the police officer the hand weights and her address, she says he expressed surprise that she was a resident of the community. “He blurted out, ‘Oh, you live in this neighborhood,’” she recalls. “With a wide smile I informed him that I had lived here for almost 20 years. His eyes widened when he heard that. I cracked a couple of jokes. We laughed, wished each other good day and I continued my walk, but I knew better than to believe that this was simply a case of curiosity; this was a case of Walking While Being a Person of Color in a pristine white neighborhood,” she says.

Dr. Arica Coleman e1334245619616 270x234 Trayvon Martin Case Another Example of Black and Native Communities Sharing Unfortunate Effects of Racial Profiling

Dr. Arica Coleman, a professor of African American studies at the University of Delaware, is of both Native American and African American descent. (Vincent Schilling)

Dr. Coleman says racial profiling is something she and all people of color must live with and negotiate around nearly every day to avoid becoming a victim. “I am a woman of color and as such my very existence and value are defined in this society based on where I fit in the American racial hierarchy. Consequently, I am never viewed as a professor, but rather a black professor who thinks she’s Native American. As a female colleague from Trinidad once told me, ‘I did not know I was a Black woman until I came to the U.S.’”

Walter Lamar knows racial profiling from both sides of the lens. He is the President and CEO of Lamar Associates, a company specializing in law enforcement, security and emergency preparedness. He is also a former FBI agent and served as the Deputy Director of the Indian Affairs Office of Law Enforcement.

Lamar says that although shooting deaths of both Martin and Williams were tragic, they were very different scenarios. He says Williams may have been killed because the officer was doing racial profiling, but it’s also plausible that the officer would have shot anybody—black, white or Native—holding a knife on a city street that day.

lamar walter Trayvon Martin Case Another Example of Black and Native Communities Sharing Unfortunate Effects of Racial Profiling

Walter Lamar

He says the Trayvon Martin case, however, is a completely different situation, and racial profiling was clearly a factor. He hastens to point out, though, that Zimmerman was not a trained law-enforcement officer, nor even a registered Neighborhood Watch volunteer. “He was just a yahoo with a 9mm pistol,” Lamar says. “The most dangerous person out there is a fool with a gun who has a hero complex.”

He adds that racial-profiling is a serious problem on border towns near reservations. “There are going to be border-town police who don’t like Indians and they are going to say ‘There is a carload of Indians—I bet somebody in that car is drunk and I’m going to pull them over.’”

Lamar says that even though racial profiling is against the law, many people—cops and civilians—have prejudices, and those prejudices come into play every day. “What you have to do is have cultural awareness training and you have to acquaint officers with the Native way of life,” he says.

Guilty for Being Brown 270x211 Trayvon Martin Case Another Example of Black and Native Communities Sharing Unfortunate Effects of Racial ProfilingColeman says that in light of recent events, comparisons of racial profiling in African American and Native American communities can—and should—be drawn. “When it comes to people of color, we must justify our presence in the public arena when we are within our so-called designated spaces, i.e., segregated urban communities and reservations—which are over-policed. When African Americans and Native Americans dare venture outside of those spaces and into communities deemed to be off-limits, we are suspicious simply by virtue of our race and declared guilty of the crime of ‘Walking While Black’—Trayvon Martin—or ‘Holding a Knife While Indian’—Jonathan T. Williams.

“While African Americans have always experienced forced exclusion from the American mainstream and been denied equality with whites, Native Americans have always experienced forced inclusion, wherein mainstream America demands that Indians give up their race and culture to become honorary white people. African Americans are profiled based on the assumption that they do not belong; Native Americans are profiled based on their refusal to go along.”

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Entrepreneurs, Meet Warriors

RMICCWolf 270x314 Entrepreneurs, Meet Warriors

Josh Running Wolf (L), Blackfeet Nation, president of the Rocky Mountain Indian Chamber of Commerce, arranged an exhibit at the RMICC 8th annual Business Expo. (By Carol Berry)

When French explorers met D. J. Eagle Bear Vanas’ tribe, they asked, “Who are you?” The tribe replied, “Odawa,” which meant “to trade,” and that became the tribe’s name “for all time,” Vanas said.

Vanas, a noted motivational speaker, said, “I’m honoring my tribe by doing business.” He is an enrolled member of the Little River Band of Ottawa (Odawa) Indians, “the original successful business owners in the state of Michigan,” he said.

In the keynote speech April 11 to the Rocky Mountain Indian Chamber of Commerce’s 8th annual Business Expo in Denver, he drew on Native culture and tradition to make some points about the work people do to fulfill “a need to be valued” and the way to do so successfully.

Native warriors were not what we customarily think of from depictions in film and in books, he said, contending they were “rooted in service” and were concerned with “who we could take care of.”

Among characteristics of warriors he described as applicable to business today were clarity of goals, commitment, courage and “a war cry,” that could in fact be a prayer, a mantra, a quotation, necklace or other means to basic reassurance.

Warriors of old were “clear what they were fighting for” and, similarly, business owners should “be clear in what we do” and “what we have to offer.” It’s important to pick and choose what is important and to have clarity in order to achieve power, he said.

Because people are limited by time and human energy, they must choose the “things that really matter” and know when to say “yes” and “no,” he said.

He said Native elders talked about the characteristics of water as a way of explaining commitment when they said that “water finds a way to flow” and will flow one way or another around or through obstacles to continue down its path.

Courage, another characteristic of warriors in combat, “didn’t mean they weren’t scared—of course they were scared, but they did it anyway.” Rather than following emotion, “you have to trust the process,” he said.

He described a poverty-stricken childhood that taught him it doesn’t matter what you have, “it matters what you do with what you have.” He described early successes selling lemonade and mowing lawns and, as an adolescent, learning to fly an airplane.

Vanas signed copies of his book The Tiny Warrior: A Path to Personal Discovery & Achievement.

Read more @ Indian Country Today Media Network.comBegging for Scraps at the Table of Justice - ICTMN.com.

As State of Oregon Considers Ban On American Indian Mascots, One School District Digs in for Fight

Filed under: News Alerts,Sports — Tags: , , — ICTMN Staff @ 2:13 pm

As the state of Oregon decides how to handle the proposal to phase out all American Indian-themed school mascots over the next five years, one school district has decided to offer their opinion early.

OPBNews.com reports that while the Oregon Board of Education could vote as soon as next month to do away with American Indian mascots state-wide, the Willamette Valley farm town of Lebanon is considering a resolution today to reject the ban. The School District has gone on record to state they’re simply not sure what the big dela is and are preemptively trying to ban the ban. Their  high school’s team name is the Warriors and the image they use is of an American Indian on a horse.

Athletic Director Rob Allen told OPBNews he doesn’t understand what the fuss is about.

“In the 31 years that I’ve been here at Lebanon, I’ve never had anyone come up and say that we’re dishonoring the Native Americans,” Allen told OPBnews. “And I have Native Americans that have played football for me and parents that don’t understand it either.”

Lebanon is one of 15 public school districts in Oregon that use American Indian related terms as nicknames for their sports teams.  Thus far, the State Board of Education has heard passionate testimony from many who feel the team names, mascots and logos are offensive to American Indians on many levels.

For more on this story, visit OPBNews.com here.

See what Indian Country Today Media Network’s Suzan Shown Harjo has to say about ending stereotypes in Oregon school sports.

You can visit these links compiled by OPBNews.com below that round out the full breadth of the mascot debate in Oregon:

Lebanon High School

Oregon Native American Mascot Report.

Native American mascots in Oregon.

Read more @ Indian Country Today Media Network.comBegging for Scraps at the Table of Justice - ICTMN.com.

Hispanic Foundation Names José Calderón President

On April 11, the Hispanic Federation Board of Directors unanimously voted to name José Calderón President of HF according to a Federation press release.

Calderón began immediately.

“We are very pleased with the final decision by the Board of Directors in the selection of José Calderón”, indicated Cristina Schwarz, Chair of the Board in the release. “HF is in a strong position with a great reputation and a broad platform from which to continue launching high impact initiatives and advocacy efforts in support of its nearly 100 Latino member agencies across the Northeast.

“We are confident in José’s ability to lead HF and continue our expansion. I also want to thank our board member Mario Baeza, who chaired the Search Committee and its members, for the level of integrity and due process in the consideration and selection process,” she continued.

Calderón becomes only the 4th president in the history of the Federation and was selected by a search committee appointed by the board and headed by Mario Baeza.

Calderón has been an integral part of the Federation for the past 11 years, most recently serving as the interim president for the last two months. He has also served as the Senior Vice President for Programs and Policy, second highest-ranking position. Among his accomplishments and programs he’s lead are the recently announced Lumina Foundation grant award, a four-year project focusing on Latino college retention; and the 2011 award-winning Latino anti-homophobia campaign.

“The Hispanic Federation has an amazing 22 year legacy of strengthening Latino nonprofits, developing innovative social programs and being a local and national leader on policy issues affecting our community,” Calderón said in the release. “I have been privileged to be able to contribute to our success over the past decade and look forward to working with our highly committed and gifted board and staff to lead and expand our community reach and impact.”

Calderón replaces Lillian Rodríguez López who joined the Coca Cola Company in January at the executive level after serving as Federation president for seven years and a sixteen-year history with the organization according to the release.

The Federation’s mission is “to empower and advance the Hispanic community” according to its website. HF works towards those goals by providing grants to a large network of Latino nonprofit agencies that serve the most vulnerable members of the Hispanic community, while advocating nationally with respect to vital issues like education, health, immigration, economic development, civic engagement and the environment.

Read more @ Indian Country Today Media Network.comBegging for Scraps at the Table of Justice - ICTMN.com.

Zimmerman Charged With Second-Degree Murder

Special prosecutor Angela Corey during a press conference held at 6 p.m. April 11, announced that George Zimmerman, 28, and the neighborhood watch volunteer who fatally shot 17-year-old Trayvon Martin in Sanford, Florida in February was arrested and charged with second-degree murder.

According to the Associated Press, via CBS News, second-degree murder is used brought in cases involving a fight or confrontation that results in a death that wasn’t premeditated.

Zimmerman could receive up to life in prison if convicted and he is expected to enter a not guilty plea.

Read more @ Indian Country Today Media Network.comZimmerman Charged With Second-Degree Murder - ICTMN.com.

April 11, 2012

Reports: Zimmerman to be Charged in Trayvon Martin Shooting

George Zimmerman, the neighborhood watch volunteer, who shot and killed Trayvon Martin, 17, an unarmed teenager in Sanford, Florida in February will be charged according to CBS News.

A press conference is scheduled for 6 p.m. ET, with State Attorney Angela Corey.

Zimmerman, who has claimed self defense has been free for the past 44 days and has sparked national outcries and protests for justice according to MSNBC.com. Critics have questions whether the shooting was racially motivated and raised concern with Florida’s self defense law – Stand Your Ground Law, according to CBS News.

“It’s 44 days later, and George Zimmerman is still walking free,” Tracy Martin, Trayvon’s father, said at a news conference during a meeting of the National Action Network in Washington and reported by MSNBC.com. “It’s 44 days later, and my son is in a mausoleum.”

Read more @ Indian Country Today Media Network.comZimmerman Charged With Second-Degree Murder - ICTMN.com.

Obama Moves to Settle 41 Tribal Trust Cases for $1 Billion

WASHINGTON – The Obama administration announced April 11 its intent to resolve 41 long-standing disputes with Indian tribal governments over the federal mismanagement of trust funds and resources.

Ignacia Moreno, assistant attorney general at the U.S. Department of Justice, said the settlements will amount to a combined total of $1.023 billion to the 41 tribes for past federal mismanagement.

Beyond money, the settlements also set forth a framework for promoting tribal sovereignty and improving nation-to-nation federal-tribal relations, while trying to avoid future litigation through improved communication, Moreno said.

Wyn Hornbuckle, a spokesman for the Justice Department, told Indian Country Today Media Network that the Obama administration is choosing not to announce a breakdown of monies to each tribe, “leaving it at discretion of the tribes.” He said that the decision was made “in deference to the tribes” out of “respect for their confidentiality.” Some of the settlements – about 35 – are available with the D.C. district court, Hornbuckle said, but the others are filed as “dismissed,” so they are not public record.

Hornbuckle said that the money for the settlements does not have to be approved by Congress; rather, it comes out of the United States’ Judgment Fund.

The announcement was made at a White House ceremony, with Attorney General Eric Holder, Secretary of the Interior Ken Salazar, Senior Advisor to the President Valerie Jarrett, and other senior members of the Obama administration joining tribal leaders in attendance.

“May we walk together toward a brighter future, built on trust, and not acrimony,” said Hilary Tompkins, Solicitor General of the Interior Department, at the event. “And when I say the word trust, I don’t mean the legal definition of that word, I mean the dictionary’s definition of that word—assured reliance on the integrity, veracity, justice, friendship, or other sound principle of a person or thing….”

Tompkins is a Navajo Nation citizen, and she personally helped sort out the legal parameters of the deals.

“I know it hasn’t been easy to get to this point,” Holder later added, thanking tribal leaders and agency officials for their negotiation efforts. He said the settlements represented “a model for fairness and success.” The negotiations took 22 months, according to the White House.

Salazar called the settlements a “deliverance” on the promise Obama made to Indians when campaigning for president in 2008. He added that some in his orbit had advocated continuing fighting lawsuits against the tribes, but advocates within the administration decided that settlement was the better and right route.

Charlie Galbraith, an associate director in the White House Office of Intergovernmental Affairs, called the development “a significant step forward in the resolution of tribal trust cases pending against the United States,” in a blog post on the White House website.

“Many of the cases include claims by the tribes that go back over 100 years,” Galbraith said, adding that the deal represented “good-faith cooperation and hard work of the administration and 41 American Indian tribes in working out fair and honorable resolutions of the tribes’ claims.”

The announcement is one of several settlements the Obama administration has announced with individual Indians and tribes since 2009.

In 2010, the administration settled the $760 million Keepseagle case brought by Native American farmers and ranchers against the U.S. Department of Agriculture. They alleged discrimination by the agency in its administration of loan programs.

President Barack Obama also signed into law the Claims Resolution Act in December 2010, which included the $3.4 billion Cobell settlement agreement that aims to resolve a lawsuit over the management and accounting of more than 300,000 individual American Indian trust accounts. That settlement is still on appeal in federal court. It was first announced by the administration in December 2009.

The Claims Resolution Act also included four water rights settlements, meant to benefit seven tribes in Arizona, Montana, and New Mexico.

In October 2011, the Obama administration reached a $380 million settlement with the Osage Nation over the tribe’s long-standing lawsuit involving the federal government’s mismanagement of trust funds and trust resources. That settlement featured measures designed to improve the trust relationship between the tribe and the United States.

Chief James Allan, Coeur d’Alene tribal chairman, said at the event that he believes Obama has done more for tribes than the last five presidents combined.

Gary Hayes, chairman of the Ute Mountain Tribe, thanked the U.S. agencies for moving to settle the lawsuits that have already proven costly to tribes as they have carried out their legal challenges for years. He also thanked the Native American Rights Fund for its role in assisting tribes on the deals.

“The seeds that we plant today will profit us in the future,” Hayes said. “These agreements mark a new beginning, one of just reconciliation, better communication…and strengthened management….”

The tribes affected by the settlements, as listed by the White House, are:

1. Assiniboine and Sioux Tribes of the Fort Peck Reservation

2. Bad River Band of Lake Superior Chippewa Indians

3. Blackfeet Tribe

4. Bois Forte Band of Chippewa Indians

5. Cachil Dehe Band of Wintun Indians of Colusa Rancheria

6. Coeur d’Alene Tribe

7. Chippewa Cree Tribe of the Rocky Boy’s Reservation

8. Confederated Tribes of the Colville Reservation

9. Confederated Salish and Kootenai Tribes

10. Confederated Tribes of the Siletz Reservation

11. Hualapai Tribe

12. Kaibab Band of Paiute Indians of Arizona

13. Kickapoo Tribe of Kansas

14. Lac du Flambeau Band of Lake Superior Chippewa Indians

15. Leech Lake Band of Ojibwe Indians

16. Makah Tribe of the Makah Reservation

17. Mescalero Apache Nation

18. Minnesota Chippewa Tribe

19. Nez Perce Tribe

20. Nooksack Tribe

21. Northern Cheyenne Tribe

22. Passamaquoddy Tribe of Maine

23. Pawnee Nation

24. Pueblo of Zia

25. Quechan Indian Tribe of the Fort Yuma Reservation

26. Rincon Luiseño Band of Indians

27. Round Valley Tribes

28. Salt River Pima-Maricopa Indian Community

29. Santee Sioux Tribe

30. Shoshone-Bannock Tribes of the Fort Hall Reservation

31. Soboba Band of Luiseño Indians

32. Spirit Lake Dakotah Nation

33. Spokane Tribe

34. Standing Rock Sioux Tribe of the Fort Yates Reservation

35. Swinomish Tribal Indian Community

36. Te-Moak Tribe of Western Shoshone Indians

37. Tohono O’odham Nation

38. Tulalip Tribe

39.Tule River Tribe

40. Ute Mountain Ute Tribe

41. Ute Tribe of the Uintah and Ouray Reservation

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