The Ojibwe News (Bemidji, Minnesota), 1991-09-11

              Jourdain presents plan on BIA reorganization
In order to understand the problems
in Indian Country and focus on the
issue of solving the problems in
Indian Country, one must first briefly
review some history and pinpoint the
real problems.
What are the real problems? In the
simplest possible terms they are:
1. The lack of Self-governance, that
is determining the right thing to do
for Indian people and tribes as a
whole, and
2. The lack of a continuous and
consistent paycheck in each Indian
family unit.
Problem number two can be solved
by adequately addressing problem
number one.
The Bureau of Indian Affairs (BIA)
was established as a separate entity in
1849. It was taken out of the War
Department and placed in the Interior
Department. In those fateful 142
years since the BIA was created, it
has served each successive
administration of the United States of
America as its focal point for Indian
affairs. The nation's attitude and the
BIA's attitude toward Indian affairs
has vacillated from one extreme to
the other, with frequent pauses for
self-examination.
Why was the BIA created and for
what reason? It was created by the
United States government to serve
the purposes of that government and
not to directly serve the purposes of
Indian people.
The BIA emanated from the
recognition by the early founders of
the United States that there was, and
is, a unique political relationship
between Indian tribes and the United
States. To be clear, that relationship
does not exist with the BIA, but with
the United States government. The
fact of recognition is further
confirmed by the United States
Constitution and by the commerce
and treaty clauses contained therein.
The idea of recognition is based in
Internation law; it has a legal and
historical basis, rooted in mutual
respect.
Since its birth, the BIA has been
taken to task by external organizations
such as the Indian Rights Association,
the American Friends Committee, and
the Association of American Indian
Affairs. More recently, tribal leaders
have also joined in the attack. The
response to this, not infrequent,
criticism by each successive
administration has been to reorganize
the BIA.
What is it about the BIA that draws
such criticism, animosity, and the
love-hate relationship that exists
between the BIA and the tribal
nations it is intended to serve? What
is the fundamental flaw in the BIA
and its severed child IHS. For years,
we thought it was because non-Indians
were primarily the people in charge -
the individuals who gave the orders
and headed up each division. Well, we
were successful in getting Indian
preference in the BIA and IHS, and
we were successful in getting some
highly educated Indians into positions
of authority in the BIA. But the
problems were not solved; it was only
another twist on the dial, another
adjustment
I'd like to address some of the
fundamental problems inherent in the
system and then make some
recommendations that would truly
make a difference if the U.S.
government is willing to make the
same commitment to the Indian
nations as it has made to the foreign
nations.
First, we have to look at how the
U.S. government fulfills its
responsibility to the tribal nations.
The power and authority is vested in
the U.S. Congress. Congress passes
the laws, establishes policy, and
authorizes appropriations. The
executive branch implements
whatever the Congress passes or, in
some cases, vetoes it altogether. The
BIA is just another bureaucratic
organization within the Department
of Interior.
The President exercises full
authority over the management of
those Departments. He selects the
secretary and the top management
team to run the BIA. The primary
criteria for selection of personnel is
this:
1. Will the person selected be in
agreement with the President's
policies?
2. Will the person give the
President his complete loyalty?
3. Is the person of the same
political mind set?
Oftentimes, the President is
completely ignorant of tribal Nations
and just tries to manage the BIA as if
it were designed for socio-
economically depressed people. His
thinking is, "Once the problems are
solved, there won't be a need for
the BIA". Look at the appalling
ignorance exhibited by Ronald
Reagan and his Interior Secretary,
James Watt, and then look at the
position of Assistant Secretary for
Indian Affairs. No matter who
filled that position, with two
ill-informed persons at a higher
level of management - and the fact
that the Assistant Secretary was
hired on the basis of his loyalty to
them - what can he be expected to
do?
In order to keep his job, he had to
follow the party line, which at that
time was to cut government services
in all areas. Other key BIA and
Interior personnel were replaced by
individuals who supported the
administration's conservative
viewpoint.
In Reagan's first budget in 1982, it
was clear that Indian programs were
to be drastically cut. Human services
and education were the primary
targets. Some writers called the
Reagan Indian policy, "termination
by accountants." This idea is clearly
demonstrated in other Reagan
policies designed to make his rich
friends richer at the expense of the
poor people, which included Indian
Nations.
His scheme to use the Indian Trust
Fund Accounts to bail out failing
banks around the country is a prime
example.
What are George Bush's
qualifications to manage Indian
affairs? When he was a U.S.
Congressman, he had a plan on the
table that would have corrected the
"Indian problem" by making each
Indian a farmer. How far back into
this country's Indian policies does
that solution go? Jimmy Carter was
so afraid of the "Indian backlash"
that he wouldn't even come up with
a policy statement on Indian affairs.
Now, what about those highly
qualified Indians that have been
filling the ranks of the BIA, based
on Indian preference? In my
opinion, many of them are good
qualified people -at least at the time
they went in. But what happend to
them? One of the things that
happens is that they become a part of
the civil service. If they want to get
ahead in the bureaucracy, they have
to follow orders. Many of them start
Reorganization/see page 2
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Fifty Cents
Founded in 1988
Volume 4 Issue 5
September 11, 1991 |
• Copyright, the Ojibwe News, 1991
A Bi-Monthly Publication
Bemidji, Minnesota 56601
Corruption at the NIEA «Ma-«.
Wellstone grapples with issues concerning Indian affairs
By Dean Chavers
Window Rock, Ariz. - Following
a year-long investigation, the
National Indian Education
Association (NIEA) is about to lose
its tax exemption with the Internal
Revenue Service. The loss of tax
exemption is tantamount to the loss
of a charter, and will effectively put
the NIEA out of business.
For ten years, charges of
corruption, loss of effectiveness, and
failure of leadership have dogged
the NIEA. Now, with the recent
revelations of criminal indictments
of 11 persons at the Window Rock
Unified School District (WRUSD)
for bribery and fraudulent schemes,
charges of bribery against NIEA
board members in 1984-85 have
been made public.
The IRS investigation centers
around charges that the NIEA took
part in partisan political campaigns
in 1986 and 1990. The first instance
was raising money at the NIEA 1986
annual banquet for Ben Nighthorse
Campbell, congressman from
Colorado. The second instance, in
1990, was centered around a letter to
NIEA members sent by Dr. Bob
Swan, NIEA president in 1990,
asking for donations for Rep. Pat
Williams from Montana.
The third instance was a
fund-raiser at the 1990 annual
banquet for Larry Echohawk, whp
was running for attorney general of
Idaho. According to John R. Arbach
of the Washington IRS office, the
actual investigation has been
assigned to the Baltimore office. The
Baltimore office refused to comment
on an ongoing investigation.
Mel Polunsky, leading bribery
suspect in the WRUSD case, has
testified under oath that he made
$15,000 worth of bribes to NIEA
board members in 1984 and 1985 to
try to get Anselm Davis elected
president of NIEA. There were
fancy dinners, cases of whiskey, and
other goodies delivered to NIEA
board members to influence their
votes. No names of actual board
members have been released yet.
A third set of charges against the
NEEA has been overspending. Davis
and Rose Robinson, who ran the
1986 NIEA conference in Reno,
allegedly overspent the $67,000
budget by some $64,000. This gave
an actual total of $130,000, or
almost 100 percent over the budget.
The total included $4,500 in room
charges for Robinson.
The same year, Davis, as NIEA
president, overspent the board travel
budget by $65,000. The budgeted
amount for board travel was
$15,000; the audited total at year
end was $80,300, or an
overexpenditure of 535 percent.
Davis allegedly charged travel to
Reno (nine trips) to both NIEA and
to WRUSD, double dipping on
travel. NIEA funds were also
allegedly spent on prostitutes for
Davis, Bruce Swanson, and Joe
Tomlinson at infamous Mustang
Ranch, a legal brothel outside Reno.
The year before, Karen Fenton
overspent the NIEA board travel
budget by 100 percent. The $15,000
budgeted was exceeded by the
$30,000 actually spent by her. She
made 23 trips that year on NIEA
Corruption/see page 8
Native people discuss
Arts and Tourism
By Jim Ortiz
Native people from throughout the
United States gathered in
Albuquerque, N.M., from August
19-23, for the first annual National
Symposium on Arts Promotion and
Cultural Tourism. The week long
symposium met to address issues
concerning arts and tourism in
"Indian Country." Various small
workshops and panels discussed
specifics of each day's large group
presentation. Issues such as: art
authenticity, both by artists claiming to
be Native American and by sellers
who market products. Echoed
throughout the conference was sacred
site protection and a cautious overall
approach to tourism within
reservations.
In 1990 the New Mexico
Department of Tourism initated a
meeting with the twenty-two Native
American tribes who reside in the
state. The Commission on Indian
Affairs in cooperation with tribes and
die state Economic Development and
Tourism office formed the N.M.
Indian Tourism Association. A
legislative strategy was developed to
pursue funding to develop the
infrastructure within the state
department to cooperatively develop
tourism, a $2.2 billion industry, in
N.M. ensuring tribal participation
and cultural sensitivity. The end
result was an appropriation of
$100,000 for the first N.M. Indian
Tourism office. A primary issue is
that Native Americans are used in
the promotion of tourism with litde
or no economic benefit to the tribes,
a common problem nationally for
Native people. Even though N.M.
was in the first stage of development
they wanted to share their success
with other tribes. There is excellent
potential for partnership with tribes
in other states to develop a national
"Indian Country Tour," however the
need to protect the quality of life on
the reservations remains a challenge.
Allen V. Pinkham, Sr., (Nez
Perce) tribal coordinator and former
tribal chairman stated, "Being that
Native people have sacred sites in
national parks it is important that
federal agencies be cognizant of
tourists or others visiting sacred
areas so they show respect and don't
desecrate or abuse those sites."
Native nations are often put into
categories which makes them look
identical, but each nation is unique
in that they have distinct traditons,
religions, governments and
lifestyles. All nations hold their
customs in high regard and have
intergrated them into their way of
life, passing them on generation to
generation. Proper behavior is
critical to the respect of Native
American culture.
John E. Cook of the National Park
Service stated, "Sacred sites are
places of spirit which are preserved
within the national park system is one
thing, but when you're talking about
ground that is still in use by
conducting ancient ceremonies, then
that might not be compatible. You
must decide how much you wish to
share because when you open up
TOUriSiTl/seepage2
Finding ways to strengthen
accountability in American Indian
gambling operations may prove
beneficial, says U. S. Sen. Paul
Wellstone, D-Minn.
He agrees with Minnesota
Attorney General Hubert H.
Humphrey III that, because of an
explosive growth in gambling
opportunities, the state needs to
study the direction of gambling in
Minnesota. But Wellstone adds that
compacts the state has with Indian
reservations have served to protect
both the state and tribal members.
Humphrey last week called for a
moratorium on any new forms of
gambling in the state because of the
explosive growth of legalize
gambling in Minnesota. He also
urged an expansion of the state's
Racketeer Influenced, Corrupt
Organizations Act to cover gambling
offenses.
However, Humphrey said he
knows of no evidence that organized
crime has made inroads into
reservation gambling conducted
under 11 compacts with the state.
"I think it has some real merit,"
Wellstone said about Humphrey's
proposals in an interview with The
Pioneer. "I think Minnesota has
done pretty well with the compacts
— we've done quite well. I think it's
a pretty interesting model."
Still, Wellstone believes that
Humphrey "has a point. There's been
such an explosion of all this activity
that it may make sense to take a close
look... I think it's a good idea."
Wellstone was interviewed on a
wide range of Indian issues as the
freshman lawmaker assumes a more
active role as member of the Senate
Select Committee on Indian Affairs.
"I don't feel like yet I've begun to
learn what I need to learn," he said.
"There's a lot I have to leam."
Humphrey also said he'll ask
Congress to amend the national
Indian Gaming Regulatory Act to
require prior approval of all
financing arrangements by the
National Indian Gaming
Commission. The move would
provide oversight for an industry
that has increased fourfold in one
year on reservations. Both the White
Earth and Leech Lake reservations
recently announced major gaming
expansions and the Red Lake
Reservation is looking to operate a
major casino in Thief River Falls.
"I'll take a close look at it,"
Wellstone said of Humphrey's
proposal on Indian gaming
financing. "I need to go back and
talk to people ... I like the idea. It's
pretty consistent with what I'm
Upper photo: State Senator Harold "Skip Finn, Senator Paul Wellstone, Seventh District Representative
Collin Peterson, and State Senator Bob Johnson recently met with Chaber of Commerce memberss in
Bemidjii at the Holiday Inn during a special Wellstone visit to the area. Lower photo: Tom Welle, Paul
Wellstone, and Collin Peterson at the Chamber of Commerce breakfast last week.
saying about the need for a full
accounting."
Wellstone, in order to seek "a full
accounting," has asked the U.S.
Bureau of Indian Affairs, and
possibly the General Accounting
Office, to investigate allegations of
election fraud and unaccounted
funds at the White Earth
Reservation.
"You have all these allegations and
they're allowed to sit — a lot of
mistrust and distrust," he said of
tribal members coping with their
governments' major plunge into big
stakes gambling. "People are getting
into a lot of big money here."
There are differing views,
however. Former Red Lake Tribal
Chairman Roger Jourdain, at an
open forum Saturday in Bemidji,
asked Wellstone to amend or even
repeal the Indian Gaming Act. "It is
a political bonanza," Jourdain said.
"Many reservations are off the
mainstream and can't participate. It
should be made wide open so
everybody can participate."
"Gaming has become a major
source of revenue for Indian
people," Wellstone told him. "All
sorts of questions are being raised.
There should be an investigation for
accounting of the money."
Wellstone, who toured the Red
Lake Reservation earlier this year
and visited briefly this weekend
with Leech Lake Chairman Dan
Brown, knows he lacks much of the
knowledge necessary to make
major Indian policy decisions. But
he wants to learn. He requested a
seat on the Select Committee on
Indian Affairs even though a
vacancy wasn't available. He got
the seat.
"I asked to be on the committee —
I'm on four committees and that's a
lot, almost too much," Wellstone
said. "Indian people in Minnesota
were very supportive, people who
never voted before told me that and I
believed them. I would like to be on
this committee to see if I can be
helpful."
Wellstone said he looks to panel
chairman Sen. Daniel Inouye,
D-Hawaii, as a mentor. "He's been
very supportive," the freshman
senator said.
"I've just scratched the surface,"
Wellstone said. Indian affairs
consists of "really, really tough
questions and really complicated
issues. There's a lot for me to leam.
I'm not going to be arrogant."
[Reprinted with permission of The
Pioneer, Sept. 9, 1991. Mr. Swenson is
the Managing Editor of The Pioneer.]
Wellstone asks BIA to look into White Earth allegations
By Brad Swenson
U. S. Sen. Paul Wellstone will ask
the federal Bureau of Indian Affairs
to investigate allegations of election
fraud and unaccounted funds on the
White Earth Reservation.
"I will push the BIA to investigate
and come out with a report ... on
charges of election fraud and also the
question of uses of money," the
Democratic senator from Minnesota
said in an interview with The Pioneer.
"I think there should be an accounting,
but I'm not prejudging ... I'm not at all
prejudging as to what they would find."
White Earth this summer has been
the scene of several protests,
including a take-over of reservation
offices, by opponents to Tribal
Chairman Darrell "Chip" Wadena.
Among the many claims are
allegations of fraudulent elections
and that organized crime influences
tribal gaming operations. They also
ask for a full accounting of some
$12 million given by the BIA to
White Earth officials.
White Earth members joined
forces Aug. 27 with members of the
Wisconsin Winnebago tribe for a
sit-in at BIA offices in downtown
Minneapolis.
"Understanding full well tribal
sovereignty, I do think there needs
to be a full accounting and I would
ask the BIA to move forward to do
this," Wellstone said. If the BIA
can't or won't do it, he'll then
request the General Accounting
Office to conduct the investigation.
The proposal apparently meets the
approval of both Wadena and the
opposition. "I've stayed in very,
very close touch with (all) ... I
would never move forward on this
without all parties." Wellstone said.
"My hope is that Chip Wadena and
those who are opposed to him reach
some agreement on some way that
they can do this."
Wellstone on Thursday sent a
letter to Erma Vizenor, an
opposition and White Earth band
member.
"I am encouraged that both sides
agree fair election practices are
imperative to good government and
seem willing to work toward that
end," he wrote. "I am also
encouraged that both sides feel that
information pertinent to the dispute,
including   minutes   of  RBC
(Reservation Tribal Council)
meetings, WELSA (White Earth
Land Settlement Act) records and
tribal audits, are, in fact, public
records and should be made
available to tribal members.
"I will request that the Bureau of
Indian Affairs release all pertinent
information regarding allegations
made by tribal members, including
information regarding any federal
funds which may be unaccounted for
under established audit procedures,"
Wellstone wrote. "If any such funds
remain unaccounted for, I will
initiate proper procedures to
determine the cause and
whereabouts of such funds,
(including) a request of the General
WellStOne/see page 2