The Native American Press (Bemidji, Minnesota), 1992-11-06

              Chippewa Spear Fishing Rights Upheld at Mille Lacs Lake
By Mel Rasmussen
The Mille Lacs band of Chippewa
will be keep limited spearing and
netting of Mille Lacs Lake game fish
as part of a treaty rights lawsuit
settlement that will be announced at
2:00 p.m. today by the band and the
Minnesota Department of Natural
Resources.
The agreement also allows the Tribe
to be given land by the state and will
be allowed to fish and hunt on other
land in parts of Minnesota under a
tribal conservation code, and will
receive an annual cash payment,
according to sources familiar with the
negotiations.
In return the Tribe will not press
the lawsuit it filed against the state in
August seeking off-reservation
hunting and fishing rights the band
says it reserved under an 1837 treaty
with the federal government.
The band also will not be allowed to
sell any fish taken from Mille Lacs.
The suit was scheduled to be heard
in federal court in St. Paul early next
year.
DNR officials have scheduled a 2
p.m. press briefing today at the state
Capitol to detail the agreement. The
pact must be approved by the Legislature as well as Mille Lacs band
members.
Under the 1837 treaty, the Mille
Lacs band ceded a large portion of
east-central Minnesota to the federal
government. But, the band believes it
retained the right to hunt and fish in
the ceded territory.
In the middle of the controversy
were the walleye's of Mille Lacs Lake,
which is one of Minnesota's favorite
and best fishing lakes. Many sport anglers felt that nets and spears should be
kept out of Mille Lacs, and some have
urged the DNR to take the band's lawsuit to court
But Chippewa band's have speared
walleye and other game fish in recent
years under court rulings, as seen during the "Fish Wars" in Wisconsin,, that
allow the band's to take a "safe allowable harvest"
The Minnesota DNR stated that the
rulings governing the Wisconsin Chippewa hunting and fishing rights don't
necessarily apply to the Mille Lacs law-
suitbecausethetwostatesarein different
federal judicial districts.Native legal
scholars disagree with this point
In Minnesota, similar controversies
between Indians and the state historically have been resolved through
negotiations, not in court An example
of this was the Tri-Band Agreement, in
which Fond du Lac Tribe later pulled
out of, have agreements with the DNR
that governs band members' hunting
and fishing rights. The pacts included
annual cash payments that amount to
millions of dollars.
By negotiating rather than forcing
the lawsuits into court, the DNR has
avoided the violent confrontations that
occurred in Wisconsin during the
spring spearing seasons and will not
have to face a setback in the courts..
Minnesota Historical Society
Faces Discrimination Charge
By and For the Native American Community
By Mel Rasmussen
The Minnesota Historical Society
in Morton, Minnesota, has had a
charge of discrimination brought
against it by the spouse of a Lower
Sioux Agency Band member.
The woman who filed the charge
was employed by the Historical Society
as a Tour Guide Interpreter at the
Lower Sioux Agency History Center
in Morton, Minnesota, for the last
five years.
According to the Human Rights
charge the Charging Party had been
sent an invitation to a staff party given
by the Southern District Director, Tom
Ellig of the Minnesota Historical
Society. According to sources, the
DistrictDirector, Ellig, had authorized
two white staff, also tour guides, to
send out invitations for a staff party.
Invitations were sent out under the
auspices of Ellig's office and the
following statement was made on the
invitation. "Ourfavoritedoghasbeen
killed in your honor."
The impact ofthe quote was that it
was meant as a joke for staff members
and their families. However, its
content was seen and understood as a
derogatory statement and comment
towards the Lakota Sioux who live in
this state. The Charging Party and
her husband were very offended by
the invitation and then complained to
Ellig and the State Director Nina
Archabal.
Sources at the central office of
the Historical Society expressed
regret over this incident and are
planning some type of sensitivity
training for their employees on a
statewide basis.
The Minnesota Historical
Society had recently come under
fire from the Indian community
because of their initial intention
of displaying sacred pipes in their
A to Z exhibit during their grand
opening of their new home. These
sacred items were pulled from the
exhibit and are being held back
pending further discussion with the
community and its spiritual leaders
and elders.
This charge is currently under
investigation by the Minnesota
Department of Human Rights. It is
unfortunate to note that an innocuous
statement such as this continues to
reflect the social mores of todays
society. However, by investigating and
bringing these issues to light we can
provide a basis of understanding for
people and institutions to follow.
ill Native
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American
Press
We support Equal Opportunity For All People
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Volume 2 Issue 26 November 6, t992
Copyright, The Native American Press, 1992
. WMin_____pi_k_l,.
Leading BIA contractor
controlled by non-Indians
By Bunty Anquoe
Indian Country Today
WASHINGTON - An Arizona
federal judge ruled last Friday that a
wealthy non-Indian contractor is the
"alter ego" of Blaze Construction,
Inc., the Bureau of Indian Affairs' top
Indian contractor.
Federal District Court Judge Paul
Rosenblatt, ruling in patent
infringement case in Phoenix, found
that Albert DeAtley, a non-Indian
who owns several construction firms
in the state of Washington, is the
force in the day-to-day control of
Blaze Construction, Inc., an Indian-
owned firm also based in Washington
state, said Elizabeth Gardner, Judge
Rosenblatt's clerk.
Blaze has been awarded almost $29
million in BIA Indian preference
contracts in the last two years and $8
million so far this year, said Carl
Shaw, BIA spokesman. The next
largest contractor received just $4
million in BIA contracts.
The bureau has received numerous
complaints from other contractors,
Mr. Shaw said, questioning whether
Blaze is really an Indian-owned firm.
The BIA has turned this information
over to the Interior Department
Inspector General's office for review.
The bureau has received numerous
complaints from other contractors,
Mr. Shaw said, questioning whether
Blaze is really an Indian-owned firm.
The BIA has turned this information
over to the Interior Department
Inspector General's office for review.
The Inspector General's office did
not confirm the existence of an
active investigation.
Blaze specializes in the
construction of roads and single-
family homes and is owned by
William Aubrey, a member of the
Blackfeet Tribe.
The legal term "alter ego" is used to
define the relationship of
shareholders and other parties in the
day-to-day control and overall
management of a company, said
Taffie Hanna, an attorney with the
Washington-based law firm of
Sonosky, Chambers, Saschse and
Endreson.
Although Mr. Aubrey could not be
reached at press time, his secretary,
Ruth Caldwell, said his response to
the judge's ruling was, "It's all bull
ii
In 1989, the U.S. Senate Select
Committee on Indian Affairs Special
Committee on Investigations found
that Blaze received bonding services
from Mr. DeAtley and secretly
agreed to pay Mr. DeAdey 50 percent
of Blaze's net.
The report, describing Blaze as the
"largest Indian contractor in the
country," also said Mr. Aubrey owed
Mr. DeAtley profits $1 million for
bonding fees and "additional millions
for loans made by DeAdey to finance
Blaze's tremendous growth."
"DeAtley also holds a hidden
security interest in all of Blaze's
assets," according to the report. "For
years Aubrey and DeAtley
successfully concealed their
relationship from the contracting
agencies, both federal and tribal,"
Halverson Construction, a non-
Indian firm, originally provided
bonding to the blaze comnpany and
collected a $200,000 "management"
fee plus 49 percent of the net profits
for each job, as well as an option to
take total control of any job obtained
by Blaze, the committee found, and
that Blaze has since depended on
bonding secured by Mr. DeAdey.
In 1987, the BIA discovered that
Mr. DeAdey might be assisting Blaze
in securing bonding and sent a letter
to Seaboard Surety Co., Blaze
Construction's bonding company,
asking for clarification of the
relationship between Mr. DeAtley
and Blaze.
"Seaboard,responded cleverly,
specifically answering the BIA's
clumsily worded questions, but never
revealing the true nature of the
relationship," the committee found.
The BIA has an Indian preference
policy in awarding contracts,
pursuant to the requirements of the
Buy Indian Act and the Indian Self-
Determination and Assistance Act.
The purpose of Indian preference in
contracting is to provide Indian-
owned businesses with an advantage
over non-Indian businesses in bidding
for government contracts, such as
housing and road construction, to
economically benefit Indian tribes.
The special committee investigating
the status of federal programs found
that the Indian preference program
"has merely fostered the growth of
established non-Indian creatures."
The committee found that 19 of the
largest "Indian" contractors were
controlled by non-Indians "who
drained the Indian businesses of their
profits."
Department of Veteran Affairs
Celebrates American Indian Month
Fond du Lac leader asked to leave
By Susan Stanich
News-Tribune
Some Fond du Lac voters have
petitioned their band officials to
remove a band councilor from
office, and to hold referendums on
setting up urban voting precincts and
a judicial branch that's independent
of tribal government.
Three petitions delivered Friday
came in the wake of an election
protest that never made it into court
because Fond du Lac officials fired
the judge after she agreed to hear the
case. The protest, lodged by losing
challenger Sandi Savage, alleged
that incumbent Rep. Clifton
Rabideaux had misused the absentee
vote system and had bribed several
voters.
More than 130 people signed the
petitions, which were delivered to
Fond du Lac Secretary-Treasurer
Peter Defoe. 'If he determines this
week that the petitions are valid ~
verifies that least 106 of the signers
are resident Fond du Lac voters ~
the band council is required under
the tribal constitution to take these
steps:
On the recall petition, the council
must hold a hearing, open to
reservation members, at which
Rabideaux can present witnesses and
evidence. The council determines
whether the council has the option of
removing Rabideaux or holding a
recall election.
On the two petitions for
referendums, the council must put
the matters to votes, the results of
which are final and binding on the
council.
Although separation of powers are
not identified in the Minnesota
Chippewa Tribe constitution, a sister
band of Fond du Lac — the Mille
Lacs Reservation — implemented
distinct executive, legislative and
judicial branches several years ago.
The Fond du Lac petitions asks for
the same, and for voting precincts in
the Twin Ports and the Twin Cities.
In another election, Defoe was
re-elected last week as secretary of
the Minnesota Chippewa Tribe, the
umbrella organization for six
reservations, including Fond du Lac.
Longtime president Darrell "Chip"
Wadena of White Earth and
incumbent vice president Norman
Deschampe of Grand Portage also
were re-elected. The three had no
opponents and were approved by
acclamation, said tribal Executive
Director Gary Frazer. David Morrison
of Boise Forte defeated incumbent
James Michaud of Leech Lake 7-4 for
the position of treasurer.
[Printed with permission of Star
Tribune.]
ByGaiyBlair
On November 2nd the Minneapolis
VA Medical Center was the scene of a
POW-WOW that was held to kick off
the fourth annual American Indian
Month activities sponsored by the
Department of Veteran Affairs and
hospital staff. Ed Godfry, who isa Sioux
Indian, served as Master of Ceremonies
for the two hour cultural exchange
demonstration which was held in the
canteen atrium during the noon hour
lunch break.
As staff and visitors watched, nine
dancers and six singers from the Twin
Cities performed various styles of
dancing and types of songs. One ofthe
dances performed involved audience
members being chosen as partners for
the Rabbit Dance, which drew laughter
from those who watched, An explanation
ofthedifferentsongssuchas the Veterans
song and the Grand Entry song were
also given. The dancers and singers
were introduced along with the different
types of regalia worn by each individual
performer.
The POW-WOW was then followed
by a feast that was held in the hospital
auditorium, which included some
favorite foods of Indian people. Wild
rice, corn soup, fried bread andfriedfish
were just some ofthe dishes that were
prepared.
Harlan Whipple, also a Sioux Indian
and employee ofthe Vets Center in St.
Paul, told the PRESS November was set
aside as American Indian month by
Anthony Principi, Secretary of Veterans
Affairs, Washington, D.C. Whipple said
the first American Indian month
celebration was organized by Haimy
Christenson, an American Indian
woman then employed at the VA
hospital. "When she left they didn't
have anybody else to help them, so I got
involved," he said.
At present there are fourteen staff at
the hospital involved in supporting the
month long event. Some are American
Indian employees. Others are staff from
the cifferent departments within the
hospital and some are volunteer staff
that have chosen to get involved
The following is a schedule of remaining
American Indian Month activities:
November 13th, Grand Rounds - Native
American Indian History, speaker Dotlie
Whipple, to be held in the center's
auditorium from 8:30 -10:30 am
November 16th, Speech and
Demonstration of Drum and Singing by
Fred Benjamin - Mille Lacs Band of
Ojibway, to be held in the center's
auditorium, 12:00 -1:00 p.m.
November 23rd, lecture on the
Sweadodge, - the use and meaning in
native spirituality and healing, by Edward
Godfrey of Juels Fairbanks Outoatients'
Treatment Center, Auditorium, 12:00 -
1:00 p.m
All bets now off for Fond-du-Luth's bingo jack game
New health act may tell Rhoades to hit the trail
By Avis Little Eagle
WASHINGTON -- The Indian
Health Care Improvement Act that
Congress recendy passed could put
Indian Health Service Director
Everett Rhoades out of a job.
According to Michael Mahsetky,
chief of legislation for the office of
program evaluation and legislation,
the Indian Health Care Improvement
Act authorizes a number of health
programs of the Indian Health
Service, such as direct and primary
health care, mental health services,
alcohol and substance abuse
programs, facilities, as well as water
and sanitation programs.
Altogether the act covers eight
titles. It does not have a budgeted
figure. "What they did is an
authorization through the year 2000,
which is a long-term of time for
Congress to authorize. It says "such
sums as may be necessary," Mr.
Mahsetky said.
The act does not abolish the Indian
Health Service director's position as
was rumored in Indian country.
"It doesn't abolish his position. It
requires the advice and consent of
the Senate when the president
appoints and or selects a director to
head up the Indian Health Service.
"In the past, the president would
make a selection on his own. Now
he has to have the confirmation of
the Senate," the chief legislator said.
The Senate Select Committee on
Indian   Affairs   would   hold
confirmation hearings for the
Senate. They would hold hearings to
ascertain if the person the president
selects is qualified. The committee
will question the president's
nominee about policies related to
Indian health care.
On Jan. 1, 1993, the president will
appoint an interim director of the
Indian Health Service until the
Senate Select Committe on Indian
Affairs can schedule confirmation
hearings.
A vote will be held on the
President's selection, and if the
committee does not vote favorably
on the president's nomination, the
president will continue to work with
Congress to find someone suitable,
Mr. Mahsetky concluded.
By Susan Stanich
News Tribune staff writer
The Fond-du-Luth Casino, which
because of political squabbles between
its owners is the only casino in the state
not offering blackjack, has shut down
its poor-relation substitute, bingo jack.
U.S. Attorney Tom Heffelfinger
ordered Fond du Lac Reservation
officials earlier this month to stop
offering the game at the downtown
Duluth casino, according to a
reservation press release Monday.
The game brings in an estimated 10
percent of the net profits at the casino —
which last month were an
unprecedented $700,000 — and
employs 38 part- and full-time workers,
who will be laid off. The workers also
are trained for the preferred game of
blackjack, but the casino has been
unable to get licensing from Fond du
Lac.
Under federal law, casinos can offer
casino-style games only if the tribe
licenses them as described in
state-tribal agreements.
The game hasn't been licensed yet
because the band's partner in the casino
— the city of Duluth — doesn't
recognize the federal law under which
Fond du Lac would issue the license,
said Fond du Lac Chairman Robert
"Sonny" Peacock.
The city disputes that the 1988 law,
which requires tribes to be in control of
gambling enterprises and reap most of
the profits, applies to the six-year-old
partnership. The city says the
partnership, in which city and band split
profits about evenly and turn control
over to a joint commission, takes
precedence.
"Why would we want to license a
place that's not in compliance with the
federal law?" Peacock asked. "It's a
convenient lever, but it's still a reality.
Why hand the store away without
resolving these issues? But I've been
rebuffed at any meeting I've tried to
establish with the mayor."
Mayor Gary Doty was in Japan
Monday and couldn't be reached for
comment nor could the attorney
handling the issue for the city.
For the past two years, Fond-du-Luth
has limped along on bingo jack, treating
it as a non-casino game because it uses
bingo balls instead of cards. Other tribes
throughout the country also have used
bingo jack when they couldn't legally
offer blackjack.
But the National Indian Gaming
Commission in May ruled that
bingojack is a casino game, said state
Assistant Attorney General Mary
Magnuson. There's nothing to stop
Fond-du-Luth from having blackjack -
except the lack of tribal license, she
said.
Fond du Lac has licensed
Fond-du-Luth for video gambling
devised, which are considered casino
games under federal law.
Fond-du-Luth Commission President
Fred Bumes said he's asked Peacock
to meet with him about licensing
blackjack and Peacock seemed
receptive, but the two were unable to
arrange a meeting this week.
"We'd like to have peace all the way
around," Burnes said. "We'd like to
make as much money as possible as
long as it's open."
Former commissioner Edward "Skip"
Pelerin, a Fond du Lac appointee, said
Fond du Lac hasn't treated the casino
fairly. More than a year ago, Pelerin
said, the band's former attorney told him
in the presence of Band
Secretary-treasurer Peter Defoe that if
the commission agreed to pay off a $1.5
million loan on Fond-du-Luth, the
license would be made available
immediately.
Pelerin said he later went to Defoe and
asked for assurance that the license
would be approved, because the
commission wanted to train dealers and
buy tables. Pelerin said that Defoe called
in fellow band councilor George Dupuis,
who said "Start training them," and
Defoe said, "There, you've got your
direction."
The $1.5 million was paid, the dealers
were tained, and the license never came
trhough, Pelerin said. Dedoe couldn't be
reached for comment
Dupuis said he wasn't aware the
commission had ever applied for a
blackjack license, but added that the
situation won't be remedied until the city
and commission recognize Fond du
Lac's proprietary interest in the casino.
Meanwhile, Fond-du-Luth is
undergoing a $2 million renovation
with the approval of both partners.