The Ojibwe News (Bemidji, Minnesota), 1994-07-22

              Hearing conducted in Red Lake election suit
By Bill Lawrence
Special Red Lake Nation Tribal
Court Judge Eugene L. DeLorme conducted a hearing on Monday in the
election contest suit for the purpose
of allowing the parties to present oral
arguments on certain threshold issues
raised in a motion filed by the tribal
council defendants. According to
Judge DeLorme, the hearing was necessary because the defendants had
filed a motion to dismiss the suit on
the basis that the plaintiffs had failed
to exhaust all administrative remedies
before filing the suit and that the court
lack jurisdiction because the council
and its officers were immune (sovereign immunity) from suit in Red Lake
Nation Court.
Tom Westbrook made a statement
for the plaintiffs and tribal chairman
Bobby Whitefeather did likewise for
the defendants. The plaintiffs argument was somewhat limited because
several of them had made arrangements with tribal member Bill
Lawrence to represent them*but the
Red Lake Tribal Council failed to act
on his application to become a lay
counselor at the July 13, meeting.
Plaintiffs in the suit are Eugene
Stillday, Sr., Thomas Westbrook,
Julius Thunder, Clarence Stately and
Bety Schoenborn. Named as defendants are the entire Red Lake Tribal
Council, in their official capacity and
individually. All plaintiffs except
Clarence Stately was at the hearing
and only tribal chairman
Whitefeather, tribal treasurer Gus
Strong and Red Lake Representative
Fabian Cook appeared for the defendants.
The Plaintiffs filed the suit alleging that several candidates for the
May 25th Red Lake Tribal election
were allowed to run who had felony
conviction records which is in violation of the Red Lake tribal Constitution.
The plaintiffs are seeking a new
election for the offices of secretary and
both Redby council seats. Judge
DeLorme took the matter under advisement and said that he would issue a decision in about two weeks.
fearing held in Red Lake election suit/ pg 1
Sheehan named Mpls. A.I.C. Advocate/ pg
Congress takes aim on Indian gaming/ pg 1
Nath Tekawitha Conf. in Bemidji Aug. 3-6/ pg 8
Pine Point Perspective/pg 8
Voice ofthe Anishinabeg (The People)
1
Lawrence sues to compel RLTC to act on
4
counselor license and join election suit
By John Rainbird
Red Lake tribal member Bill
Lawrence filed two lawsuits in Red
Lake Nation Court to compel The Red
Lake Tribal Council to act on his application for license as a lay counselor. Lawrence had submitted an application to the tribal council for the
license on July 8, 1994. The council
at a meeting on July 13th failed to
act on the license at the same meeting that two other licenses were ap
proved. According to sources at the
meeting the council had Lawrence's
licensing application under consideration for nearly 45 minutes.
Lawrence's complaint states "that
defendants' failure to act on
plaintiffs application has resulted
in & violation of his rights under the
Indian Civil Rights Act and the Red
Lake Constitution." The complaint
also goes on to state that the defendants' failure to act-also resulted in
"denying several Red Lake tribal
members the right to counsel of
their choice in violation of the Indian Civil Rights Act and the Red
Lake Constitution.
Lawrence asks the court to order the
Red Lake Tribal Council to act and
approve his license or in the alternative for the Court to approve the license itself.
In addition, in the second suit
Lawrence asked the court to join him
as a party plaintiff in the election suit.
No date has been set for either suit.
Fifty Cents
Founded in 1388
Ojibwe
News
We Support Equal Opportunity Far All People
1
Volume G   Issue 4
July 22, 1994
A weekly publication.
Copyright, The Ojibwe News.  1 994
Senator defends bid to change Indian gaming law  1        c
By Jennifer Corbett
Staff Correspondent
Minneapolis Star Tribune
Washington, D.C.
The chairman of the Senate Committee on Indian Affairs opened hearings on proposed changes in federal
Indian gaming law Tuesday by attempting to calm the fears of tribal
leaders and state officials that the federal government would take over
regulation of Indian gambling.
"Some have attacked this measure
as being outrageous and an abominable destruction of Indian sovereignty," Sen. Daniel Inouye, D-Ha-
waii, said at the start of a two-day
hearing. "Those who make these
charges apparently have not read the
measure.
A few Minnesota officials have said
the proposed amendments would give
the federal government too much control.
But Minnesota Assistant Attorney
General Alan Gilbert, who oversees
the office's commerce and gambling
division, said, "We don't know what
the specific regulations will be."
Inouye's proposal would give more
power to the National Indian Gaming Commission and allow it to establish federal standards for Indian
gambling. If a state's gambling laws
and compacts with Indian tribes meet
the to-be-determined standards, the
state would be left alone.
Sen. Paul Wellstone, D-Minn., who
sits on the Indian affairs committee,
said after the hearing that the 'pro
posed amendments are "going to.
change significantly."
Inouye said during the hearing that
"this committee bill does not seek to
impose more regulation on the tribal
and state governments." Most ofthe
testimony concerned the Narragansett
Indian Tribe in Rhode Island, which
has been blocked by state officials
from building a casino.
Testimony by Rhode Island's governor and some of its congressional
delegation faulted Inouye's proposal
for undermining the state's authority
to regulate gambling activities within
its borders.
[This article was reprintedwith permission from the Minneapolis Star
Tribune, Wednesday, July 20, 1994,
edition.]
...       <£
Congress takes aim at tightening rules on
Indian gambling
Standing behind Dr. Franz on the left is Darelyn Lehto, V.P. Prairie Island Tribal Council, and two of Dr.
,;?r2?'3 associates on the right rvith blanket, .      photo by Qwy Bia)r ^
Prairie Island Dakota lead nation with
healthcare agreement
By Chris Ison
Staff Writer
Minneapolis Star Tribune
The first salvo has been launched in
Congress in the long-awaited charge
to tighten regulation of Indian gaming. And for American Indians, the
news is worse then expected.
Just as many Indians begin to capture the wealth afforded by the legalization of casino gambling six years
go, white American steps in. Congressional leaders—fearing corruption and sloppy management of the
multi-billion-dollar industry— have
proposed a long list of amendments to
the 1988 National Indian Gaming
Regulatory Act.
The amendments, heralded by some
but vigorously opposed by most Indian tribes, would give broad new
powers to a huge federal gaming commission—powers once left to the states
or to the tribes themselves.
Casino managers, contractors,
leasers and others would have to be
licensed and would have to submit to
background checks. The commission
would set standards for casino security and surveillance. If a casino did
not meet the standards, the commission would have the authority to assess fines and shut it down.
The amendments would increase
the fees that tribes must pay for that
regulation, costing some tribes several million dollars per year. And they
would reduce the proportion of Indian
membership on the commission.
Tribes from Minnesota would perhaps lose the most ground. The state
was the first in die nation to negotiate
compacts allowing tribes to open casinos," and the compacts are considered
among the most liberal. But under the
amendment, all existing compacts
would be reviewed to see if they meet
the new federal standards.
"There's very little in this bill for
us," said Frank Ducheneaux, a Washington lobbyist who represents numerous tribes around the country as
well as the Minnesota Indian Gaming
Association.
A separate issue, but one that has
added to the anxiety of Indians is a
proposal by the Clinton administration to withhold federal income taxes
from the checks of Indians who receive monthly payments from casino
profits. Currently, payments to individuals are taxed, though they are not
automatically withheld from paychecks. Some fear the administration
might go further and try to tax tribal
Rules/ cont'd on page 3
By Gary Blair
On July 20, 1994, members ofthe
Prairie Island Dakota Community
announced that they had entered
into an agreement with the Mayo
Clinic of Rochester, Minnesota to
provide family medical services to
their people. The agreement
is the first of its kind in Indian
county. The medical services will
cover the reservation's nearly 2,000
employees and over 500 tribal members, of which 230 live on or near
the reservation.
A community welcome reception
for Mayo Clinic phyisicians was
held at 11:00 a.m., on the pow-wow
grounds near the reservation's newly
expanded Treasure Island Casino.
The event included a flag raising, a
gift of traditional blankets to Mayo
doctors, followed by an honor song
sung by the community's drum
group and news conference.
At 11:45 a.m. the greeting ceremonies moved to a nearby field for
the fly in and inspection of the
clinic's Mayo One helicopter. A
luncheon was held at the casino
with clinic representatives, the
Tribal Council, reservation members, Public Relation council/lobbist
and tribal attorneys rounded out the
day's events.
What will medical services of this
type mean for this small community, located six miles north of Red
Wing, Minnesota along the
Mississppi River? According to information released at the event, it
marks a milestone for Indian gaming in both the United States and
Canada.
"This new relationship with the
Mayo Clinic brings the best
healthcare services in the world right
to our reservation, " said Curtis
Campbell, Sr., president ofthe Prairie Island Dakota Community.
"For the first time in our history
we will have access to all the re-
Health/ cont'd on pg 3
Red Lake education aid could be reduced
Officials lobby Senate for funding
Habitat project will barely dent housing need
EAGLE BUTTE, S.D. (AP) The
sound of hammers and saws resounded
Sunday through the soon-to-be
Okiciyapi community, the site of this
year's Jimmy Carter Work Project for
Habitat for Humanity.
By Friday afternoon, 30 families will
move into 30 brand new houses being
built from the ground up by former
President Carter and hordes of other
volunteers.
"It's going to be really hard work,"
Carter told the volunteers Sunday. "It
takes constant effort."
The Georgia-based Habitat for
Humanity, which builds homes that
low-income people buy, picked the
reservation forthisyear'sJimmy Carter
project. Estimates of the number of
volunteers range from 1,200 to 1,500.
The houses are being built a mile
southeast of this Cheyenne River Sioux
Resenation town.
Carter, his wife, Rosalynn, members
of the Cheyenne River Sioux tribal
council and NBC News anchor Tom
Brokaw, a native of South Dakota,
gathered for an evening meal Sunday.
Earlier this month, 23 of the
basements were dug and formed. A
last-minute corporate contribution
allowed for a change in plans _
basements for all the homes.
Also this week, Henry Cisneros,
secretary ofthe U.S. Department of
Housing and Urban Development is
scheduled to be in Eagle Butte for the
Habitat for Humanity project, said
Gregg Bourland, Cheyenne River
tribal chairman.
Bourland said that someday, such
cooperation can help people reconcile
their differences. "That's what
reconciliation is about. It isn't words,"
he said Sunday.
Carter walked through the tent city
of volunteers and said he was surprised
by the number of first-time workers.
Tribal officials are thankful for the
Habitat project but point out that the
new houses barely begin to address
the reservation's housing needs.
All but four of the 15 communities
on the reservation rely on houses and
apartments built and subsidized by
the federal government and then
turned over to the Cheyenne River
Housing Authority, run by Wayne
Ducheneaux.
His office oversees 915 houses and
apartments, more than half of all the
housing on the reservation. Almost
all ofthe units have been built within
the last 25 years _yet 12 percent have
been condemned and are vacant. And
Ducheneaux said even more should
be in that category.
"The first 900 houses built on the
reservation under Housing and Urban
Development... I don't think anyone
should be in," he said. "They were so
poorly constructed; people should not
be living in them. But we have no
where else to put them."
At the end of June, 257 families
were on waiting lists, many of them
living with relatives in the meantime.
"There's no question that home
ownership creates wealth, and there
is no wealth on this reservation,"
Ducheneaux said.
Money for new building is tight, he
said. Each year, the government pays
for about 500 new houses for the 28
tribal housing authorities in the
region. "We got 30 houses two years
ago. And before that, the last time
was 1987, when they allowed us 60,"
Ducheneaux said, adding that it hardly
scratches the surface.
Still, there's evidence of progress
in Eagle Butte. New houses sit next to
crumbling or vacant structures.
Ducheneaux said betterbuildingcodes
are ensuring a better product.
"I know it sounds kind of optimistic,
but I hope by the year 2007 that I will
have all our units renovated," said
Washburn.
By Brad Swenson, W/permission
By The Bemidji Pioneer
Unless the U.S. Senate restores
federal education aid cut in a House
bill, the Red Lake School District
could see a 20 percent cut in its
operating budget for the 1995 school
year, says Red Lake superintendent
Roger Schmidt.
Late last month the Red Lake School
District learned that a House
appropriations bill for the Departments
of Labor, Health and Human Services,
and Education included a $70 million
cut in impact aid.
Impact aid, which the Red Lake
Reservation-based school district
receives, is a federal education
program which reimburses school
districts which have no tax base ~
such as American Indian reservations
or communities with military
installations.
Under the program, Red Lake
receives $2 million in federal aid for
its $ 10 million budget, a figure which
represents 20 percent of its operating
budget.
"This $70 million cut in impact aid
will not only be damaging to the more
than 2,500 federally impacted school
districts across the country, but will
place a significant burden on Red
Lake's operating budget and
community," Schmidt said last week.
The Red Lake School District has
1,250 students, all of which live on
the Red Lake Reservation.
" It could mean a reduction in school
programs and teaching staff, and even
place limitations on field trips, after-
school activities and athletic events,"
he added. "Compensation for the
federal loss by increasing local taxes
or state aid to offset the loss, though
possible measures, are both highly
unlikely."
Nearly all ofthe reservation is nontaxable. The exception are the 14
taxpayers living in the Redby area
who acquired land from a railroad
which, in turn, had acquired the land
from the reservation during the heyday
of railroading in northern Minnesota.
"We have to rely on state and federal
funding," Schmidt said. "The impact
aid supplements the state aid   we
Educ. Aid/ cont'd pg 5
Churchill honored with membership at Keetoowah council
meeting
By David Kamp
Tahlequah, OK
Ward Churchill, well-known author and Indian rights activist, met
with the United Keetoowah Band
council and later with several community members during his recent
visit to Tahlequah.
Churchill is the co-author of Agents
of Repression and author of Fantasies
of the Master Race and The Struggle
for the Land, among many other books.
He is a Professor of Indian Studies and
Communications at the University of
Colorado in Boulder and is the co-
director of the Colorado American
Indian Movement. He is also a noted
public speaker.
Churchill became an associate member ofthe United Keetoowah Band of
Cherokee Indians and was present at
the UKB Council meeting on July 9.
He observed the meeting and was then
invited to join several councilmembers
for lunch at the Sixkiller's restaurant.
During his weekend stay, he visited
Northeastern State University faculty
members and students at Goldie's Patio Grill and got to know several area
residents. He gladly autographed copies of his books as well.
It was a very strong statement, being "invited" into the UKB as an
associate member, said Churchill. He
said he felt it was a "welcoming"
gesture.
"It was a humbling experience in a
way; a deeply honoring experience to
Churchill/ cont'd pg 3