The Ojibwe News (Bemidji, Minnesota), 1994-06-17

              Unofficial results for MCT general tribal elections I ,    ^ ^ ,
jMCT complete election results/ pg 1
Mille Lacs treaty trial begins/ pg 1
By J. Rainbird
The six Minnesota Chippewa Tribal
Bands held their general elections on
Tuesday, June 14, 1994. There were
67 candidates from Leech Lake, Bois
Forte, Grand Portage, Fond du Lac,
White Earth and Mille Lacs who ran
for the offices of Secretary/Treasurer
and District Representative. The
unofficial results are on page 3.
The school referendum at Fond du
Lac was turned down by a vote of 474
no votes to 173 yes votes.
The question is what should or could
be done with the gaming profits?
There has been suggestions of per
capita payments and funding of jobs
in the private sector. Whatever the
decision, it appears from the polls
that the profits won't be used to build
a school on the reservation.
Elections/ cont'd pg 3
Mille Lacs treaty trial begins
Woman sues Winnebago tribe/ pg 1
Wub-e-ke-neiw's column/ pg 5
Two Schools lament loss of revenue/ pg 8
MINNEAPOLIS (AP) _ Historians,
anthropologists and a linguist are
among those who will testify at a
federal trial to determine whether the
Mille Lacs Band of Chippewa signed
away hunting and fishing rights in
east-central Minnesota, attorneys said
Monday.
"The evidence will show that they
didn'tdosoand the government didn't
ask them to do so," Marc Slonim, an
attorney for the band, told Chief U.S.
District Judge Diana Murphy as the
trial opened.
But William Szotkowski, an
assistant attorney general, warned
Murphy against being swayed by
"revisionist hindsight" regarding
what band and federal officials
intended when they negotiated treaties
in the federal government in the
1800s.
The trial, which was prompted by a
lawsuit filed by the band against the
state of Minnesota nearly four years
ago, is expected to last about two
weeks. It is intended to resolve the
band's claims of rights to hunt, fish
and gather wild rice without state
regulation in territory ceded to the
federal government under an 1837
treaty.
The ceded territory now
encompasses all or parts of 12 counties
in east-central Minnesota, and it
includes Lake Mille Lacs, the state's
most popular walleye-fishing lake.
The state contends that the band's
rights under the 1837 treaty were
extinguished by an 1850 presidential
order and by an 1855 treaty with the
federal government. The 1837 treaty
guarantees the rights "during the
pleasure of the president."
The band on Monday called the
first of its six expert witnesses, Charles
Cleland, an anthropology professor
at Michigan State University in East
Lansing.
Cleland testified that the band would
not have given the president authority
over the hunting, fishing and
gathering rights members needed to
survive.
"The term, 'pleasure of the
president,' was never explained to
the Chippewa," Cleland said. "That
language was simply inserted in the
treaty." *
Cleland said he did not think the
Chippewa, who made all decisions by
consensus, could understand what it
meant to delegate authority to the
president.
The federal government's purpose
in the 1855 treaty, which created the
Mille Lacs resen'ation, was to acquire
additional land, Cleland said.
"In my view, they had no
understanding the 1855 treaty had
anything to do with hunting, fishing
and gathering anywhere," he said.
Among other witnesses for the band,
Slonim said, will be a language scholar
who will testify that the words "right,
title and interest" used in the 1855
treaty had no equivalent in the
Chippewa language.
Szotkowski said the judge should
be "guided by the plain meaning of
the language."
"Claiming they just didn't
understand what the language seems
to mean isn't enough," he told
Murphy.
Historians and other experts also
will be called by the state.
Szotkowski said the state's
witnesses will show that the
"Chippewa chose to give up one way
of life and survive with another way
of life."
Also participating in the trial are
attorneys for nine counties and six
landowners affected by the band's
claims, who have joined the case on
the state's side. The federal
government has joined the case on
the band's side.
An attempt last year to settle the
case out of court failed in the
Minnesota Legislature.
The proposed settlement included a
$ 10 million payment to the band and
created an exclusive band fishing zone
comprising less than 5 percent of
Lake Mille Lacs. It was adamantly
opposed by representatives of hunting
and fishing organizations, some Mille
Lacs area landowners and some
counties in the ceded territon\
By and For the Native American Community
The
Interior changes self-governance bill
By Bunty Anquoe
Indian Country Today
WASHINGTON ~ The Interior
Department has forced several key-
changes in a bill to make self-
governance a permanent program for
tribes.
The legislation, which passed the
full House Committee on Natural
Resources on May 25, differs
significantly from the version
approved earlier by the Senate and
the House Subcommittee on Native
American Affairs.
Tribal leaders have expressed dismay
that any changes would be proposed
by the department without tribal
consultation.
Marge Anderson, chief executive
of the Mille Lacs Band of Ojibwe,
said some changes to the measure
may have merit, but she can't comment
on them because she has yet to see
them.
"In fact, I am extremely disturbed
that the department is proposing
amendments at all, without the benefit
of tribal input," she said. "We were
never notified by the department that
amendments were pending and only
learned about the department's
negotiations with other congressional
offices through rumor.1"
According to congressional staff,
the department forced the changes
through intense, 1 lth-hour lobbying
just before the bill was to be considered
by the full committee. The measure is
now headed for a vote on the House
floor.
Ms. Anderson said the changes
made to the bill are especially
troubling given President Clinton's
recent commitment to deal with
'Indian tribes on a government-to-
government basis. She also speculated
whether the administration w ould deal
with states in the same manner.
"I seriously doubt that deals would
be cut in back rooms without active
state participation," she said.
Over the last two years, the Clinton
administration has repeatedly
supported the self-governance concept
as "the future" for tribes.
To date, 28 "self-governance" tribes
have agreements with the Interior
Department to assume control over
the programs and senices usually
administered by the BIA.
At press time, John Duffy, counsel
to Interior Secretary Bruce Babbitt,
could not be reached. Mr. Duffy was
a primary player in changing the bill.
There is a similar initiative for the
Indian Health Senice, but the bill
does not include the agency in
authorizing permanence. A separate
bill for the IHS is expected in the
future.
Some changes to the bill by the
Interior Department:  ,
* Shift power to the BIA in negotiating
whether and how a tribe could
redesign its programs and senices by
subjecting them to the agency's own
terms
* Authorize the Interior secretary to
"prescribe corrective actions to rectify
gross mismanagement of a trust asset"
by a tribe, but does not let the tribes do
the same
* Expand the definition of "residual
funds" to allow the secretary to retain
funds "which are. necessary to the
discharge of his trust resonsibility to
tribes and Indians not covered under
a funding agreement." This could
allow the bureaucracy to withhold all
trust resource-related management
funds from the negotiation table, tribal
leaders say, and could also be
interpreted to define a residual trust
responsibility for non-self-governance
tribes
* Limit the funds a tribe can negotiate
for vy authorizing a tribe to compact
for "amounts for those activities that
are related to, but not a part of, the
senice delivery program." Current
law is broader in scope to include
functions that are simply "related" to
federal senices and benefits to tribes.
Joseph Raphael, chairman of the
Grand Traverse Band of Ottawa and
Chippewa, said there is a "serious
backlash" within both the Interior
Department and the IHS since
President Clinton's recent directive
to all federal agencies to work with
tribes.
"Staff within both agencies are
attempting to show that (neither) the
president, the Congress, nor the courts
make the decisions involving Indians,
but they make those decisions," he
said. "They are so ingrained in their
paternalism that they convince
themselves that they are looking out
for the best interests of Indians."
Sen. John McCain, R-Ariz., vice
chairman of the Senate Indian
AffairsCommittee, expressed
indivnation at the lack of tribal
ocnsultaiton in changing the bill. He
said the Senate worked directly with
tribes to forma consensus in crafting
the legislation. "The same cannot be
said forthe department," he remarked.
He also said the Senate has three
options: first, to pass the House bill
without any changes; second, to
resolve differences in a Senate-House
conference; and thired, to pass a
Senate bill without the House
amendments.
States get boost in effort to reduce lost cigarette taxes
WASHINGTON (AP) _ The
Supreme Court gave states a boost
Monday in their effort to keep people
from avoiding cigarette taxes by-
shopping on Indian resenations.
The court unanimously reinstated
New York regulations that allow
wholesalers to provide Indian retailers
with only enough untaxed cigarettes
to supply a resenation's residents.
"The states have a valid interest in
ensuring compliance with lawfiil taxes
that might easily be evaded through
purchases of tax-exempt cigarettes
on resenations," Justice John Paul
Stevens wrote for the court.
Federal Indian trader laws allow
states to enforce tax laws by imposing
"reasonable regulatory burdens" on
\vholesalers who supply Indian
retailers, Stevens said.
"Indian traders remain free to sell
Indian tribes and retailers as many
cigarettes as they wish," he added.
Indians are exempt from paying
state taxes on cigarettes they buy in
resenation stores. Many non-Indians
buy cigarettes in resenation stores,
too, and New York officials estimate
the state loses about $65 million in
taxes each year on such sales.
Fourteen other states said in a friend-
of-the-court brief that the growing
market for on-resenation gambling
makes it likely that more non-Indians
will be buying untaxed cigarettes,
gasoline and liquor on resenations.
Washington state loses $8.9 million
ayearinsales of untaxed cigarettes to
non-Indians, the brief said. Montana
tax officials have estimated the state's
loss at about $700,000 a year.
Jeff Miller, head of Montana's
Income and Miscellaneous Tax
Division, said the state has a quota
system for cigarette sales on
reservations similar to that in New
York. The amount of untaxed
cigarettes allowed on a resen'ation is
limited to 50 percent more than the
national per-person consumption of
94.8 packs.
For example, a resenation with
5,000 residents could sell 711,000
packs tax-free.
Still, Miller said, the state cannot
prevent non-Indians from buying
untaxed cigarettes. That must be
controlled by tribal ordinances, he
said.
The quota system was passed by the
1993 Legislature and took effect last
October. But even before then, the
state had agreements with five of
seven tribes to limit the amount of
tax-free cigarettes available on their
resenations.
Those agreements, plus a sting
operation that broke up a major
cigarette smuggling operation in
western Montana last year, dropped
sales of untaxed cigarettes from 27
million packs in 1991 to 2.5 million
this year, Miller said.
Native
American
We Support Equal Opportunity Par All Peopli
Founded in 1991        Volume fll   Issue JB^)\ June 17, 1994
I
A Weekly Publication
Copyright. The Motive American Press,  1994
White Earth members want second pow wow
By Gary Blair
Although rain curtailed some fo the
White Earth pow-wow held last
weekend, it may have also spurred
comments that a second celebration
is needed for the resenation.
According to the Elders that the
PRESS spoke with, they would like to
see another get-together in August of
each year. Whether that happens this
year or next remains to be seen.
On Saturday evening, over three
hundred dancers and singers filled
the performance ring for the grand
entry, just before periodic showers
eventually stopped the pow-wow at
about 9:30 p. m. However, the Sunday
activities came off without a hitch in
the weather. This yea's "Fourteenth
of June" celebration once again
marked the signing of the 1867 Treaty
that established the White Earth
Resen'ation by an act of the U.S.
Government on March 19, 1867.
Even though there were fewer
performers this year than last, the
pow-wow grounds was filled with
more vendors and just as many
spectators as past years. Some of the
dancers came from as far away as
Canada, Kentucky and West Coast.
"Hopefully, we can have another
pow wow in August. We don't get
enough with just one a year," an elder
was overheard saying during the
Sunday supper break.
Whitefeather inaugurated as new Red Lake tribal
Chairman   Injunctions filed challenging tribe's election process
By BRAD SWENSON
Managing Editor
Reprinted W/ permission
of the Bemidji Pioneer
RED LAKE ~ The Red Lake Band
of Chippewa inaugurated its third
tribal chairman Tuesday amid
uncertainty over legal challenges to
the tribe's election process.
"There are some issues we have to
deal with in the next couple of
weeks," Bobby Whitefeather said in
brief remarks after he took the oath
of office from Red Lake Chief Judge
Wanda Lyons as Red Lake's new
tribal chairman, succeeded Gerald
"Butch" Brun.
"With the guidance of the council,
we will go ahead and deliberate in a
fair and equitable manner for the
benefit of the general membership,"
Whitefeather said.
Several injunctions were filed in
Red Lake's elections, with a major
contest in the race for tribal
secretary. Judy Roy, who was also
sworn into office Tuesday, won that
race with 774 votes to Eugene
Stillday Sr.'s 605 votes in a six
candidate field. Also three
candidates filed a class action suit
challenging the tribe's constitution
and election process itself.
While the lawsuits make their way
through Tribal Court, the Tribal
Council decided Tuesday morning
to go ahead with swearing in the
may 25 winners ~ and had the
unanimous consent of the tribe's
hereditary chiefs.
"We've got to keep our
government going," Whitefeather
said in an inteniew. "It is the
sentiment of the council. It remains
to be seen what may happen."
The tribe has 20 days to respond
to the class action suit, said
Whitefeather, who was tribal
secretary. "In trying to run the
election, we feel we went above and
beyond what is required for a good
election."
The ceremony before about 150
people at the Red Lake Humanities
Center opened with a pipe ceremony
by Ponemah District Rep. Tom
Stillday Jr. As Lyons administered
the oath to each election winner, the
new officer was presented the lit
pipe and was given an election
certificate.
Whitefeather said a formal
inauguration address, will be held
June 30. He succeeds Brun, who in
1990 defeated the band's first and
only chairman at that time -- Roger
Jourdain.
"I want to do some reorganization
and assess the situation -- what's
going on in tribal government,"
Whitefeather said of his first acts as
chairman. "I want to get the Tribal
Council more involved on a day-to-
Red Lake/cont'd pg 3
Woman sues Winnebago Tribe
OMAHA, Neb. (AP) _ A woman
who was fired from the Winnebago
Tribe of Nebraska's WinnaVegas
casino filed suit Friday, the first step
in a legal battle that her lawyer said
could change the way Indian tribes do
business.
Regina Smith, of Salix, Iowa, the
casino's acting controller, was among
several employees who said they were
fired unjustly after the Winnebago
Tribe dismissed the company that
was running the casino and took over
day-to-day operations in April.
Her lawyer, Edouardo Zendejas of
Omaha, said the issue is whether the
doctrine of sovereign immunity
which protects tribes from being sued
should cover tribes like the
Winnebago when they are operating
big businesses.
The Winnebago Tribe is chartered
under Section 16 of the Indian
Reorganization Act of 1934, which
allows tribes to organize as
government entities. Section 17
established corporate charters so the
tribes can run businesses.
If the tribe were chartered under
Section 17, it could be sued by Ms.
Smith for breach of her employment
agreement, discrimination or
something else, Zendejas said.
In the lawsuit, Zendejas argues that
the tribe has been conducting business
as a corporate entity, not a
governmental entity, since the day it
took over the operation of Winn Vegas,
near Sloan, Iowa.
The suit asks the court to enjoin the
tribe from holding itself out as a Section
16 governmental entity when
performing managerial functions at the
casino or to enjoin the tribe from
claiming sovereign immunity when
operating in a proprietary capacity.
Zendejas, who teaches at the
University of Nebraska at Omaha, was
the chief judge for the Omaha Tribe of
Nebraska until he was forced out in a
dispute with the tribal council last year.