The Ojibwe News (Bemidji, Minnesota), 1995-10-13

              IRS demands restitution from former
New Visions board members
By Gary Blair
The IRS is demanding more than
$80,000 in back taxes from former
board members of the now defunct
New Visions Chemical Dependency
Treatment Center that closed nearly
a year ago. Thirty thousand is owed
for back payroll taxes and the
remaining amount is accumulated
penalties. A tax lien has also been
placed against the former treatment
center's property, located at 2805-2nd
Avenue South in Minneapolis.
Joe Estrada, who says he remains
the chairperson of the non-profit's
board of directors, said on Tuesday,
"We also owe more than $8,000 for
unemployment insurance taxes and
we still have other bills that total at
least $10,000."
"Judy Olson, is the only other board
member that's still active," he
continued, "and if I can't get the
others involved, I could be stuck with
the entire unpaid portion of the bill.
As board members we were told that
the taxes were being paid but
apparently that wasn't the case."
Estrada says he and Olson have
stayed active on the board because of
the property that's still owned by the
former Native American treatment
program. However, he says the
present board of directors would
consider selling off all the
corporation's assets in exchange for
payment ofthe IRS tax liability.
According to Estrada the New
Visions building was once valued
between $70,000 to $80,000 before
the facility closed. "I think there has
been street people living in the place
and the squirrels have made holes in
there, so I really don't know what it
would be worth today," he
commented. "The IRS says they plan
to sell the building, but if they can't
get $80,000 for it, I could still be left
to pay the remaining amount."
Estrada says the problems
associated with Indian chemical
dependency remain a dilemma for
Hennepin County officials "They're
trying to get another Indian treatment
center going, but I believe they first
need to take a look at the conditions
of the buildings these programs, are
housed in," he added. "Recently, I
attended a meeting at 1800 Chicago
(in Minneapolis) and one of the
people who attended that meeting
wanted the county to give him
$147,000 to remodel the old New
Visions building so he could start a
new program there, but they refused.
I asked them at that same meeting to
pay the IRS taxes and we'd start
another program, and by a different
name if that's what they wanted, but
they also refused that."
Estrada said he was told at the
Board cont'd on pg 5
State Rep. Johnson charged with 3rd DWI/ pg 1 & 8
MCT Self-Govern, pacts excludes members/ pg 1
IRS demands restitution from former New Visions/ pg 1
Carlson urges rethinking of education system/ pg 1
Women leaves $2 million for A.I. scholarships/ pg 3
Voice of the Anishinabek (The People)
1
MCT Self-Governance pacts exclude tribal
mem berS     Back-room deals with state and federal officials
Fifty Cents
OJibWi
News
We Support Equal Opportunity For All People
By Jeff Armstrong
Faced with growing resistance to
tribal authority, the Minnesota
Chippewa Tribe and its six constituent
bands continue to cut back-room deals
with state and federal officials to
expand the arbitrary powers of
Reservation Business Committees.
Information released by the BIA after
a Sept. 12 protest at the Area Office in
Minneapolis hints at the extent to
which tribal members have been kept
in the dark about a process
euphemistically termed "Self-
Governance."* In 1988, while many
tribal members were protesting
election fraud and demanding a
constitutional convention, the BIA
began allowing RBCs to bypass the
tribal constitution and even to draft
their own-without any input from
members.
The Mille Lacs MCT resen'ation
was one of seven selected by the
Bureau to participate in an
experimental project to turn over
administration of federal funding to
the tribes. On July 3, 1990, the Mille
Lacs band signed a Self-Governance
compact with the U.S. Interior
Department, lifting most federal
oversight and increasing RBC
authorities well beyond the limits
prescribed in the tribal constitution.
Neither of these provisions is
allowable under that document.
Nevertheless, a Solicitor's Opinion
three days later cleared the
constitutional hurdles, ruling that
Mille Lacs need only obtain the
consent ofthe MCT's Tribal Executive
Committee to be eligible for the
project. "The question that arises is
the extent to which the Band can
independently negotiate and execute
agreements with the United States
and the extent to which those
agreements must be approved by the
Tribal Executive Committee of the
MCT," wrote BIA Associate Solicitor
Mariana Shulstad. "..:I conclude that
the Band is required to seek and obtain
the concurrence ofthe MCT before it
enters into a Self-Governance
Agreement."
While Shulstad's opinion states that
the eligibility of other MCT bands
would need to be addressed
individually, it clearly opened the door
to the remaining RBCs, all of whom
say they plan to implement self-
governance. Office of Self-
PaCtS cont'd on pg 3
Founded   in 1988
Volume 7   Issue 1 6 October 13, 1995
1
A weekly publication.
Copyright, The Ojibwe Mews,  1 995
State Rep. Johnson held for 3rd DWI
By Robby Robinson
State'Rep. Bob Johnson, DFL-
Bemidji, spent the night in Beltrami
County Jail after being arrested
Wednesday for a aggravated driving
while intoxicated, his third alcohol-
related arrest in just six weeks.
Johnson, 49, was arrested on County
Road 50 east of Bemidji by Beltrami
County deputies at 1:22 p.m.,
according to Beltrami County Sheriff
DeeWayne Rognstad, following a tip
that an intoxicated driver was driving
into Bemidji.
Rognstad said three county deputies
as well as the State Patrol were
searching for Johnson's black Ford
Taurus in the Bemidji area after
Minnesota House officials asked the
State Patrol to locate Johnson,
reportedly despondent over media
reports Tuesday night of his two
previous DWI arrests.
Johnson, who was described by
Rognstad as reeking of alcohol, failed
field sobriety tests and was taken into
custody without incident. He refused
to submit to alcohol testing, however.
A black BB pistol was found on the
floor of his car.
Johnson was to be arraigned
Thursday in Beltrami County District
Court before Judge James Preece, at
which time bail would be set.
Rognstad said Johnson would be
under close observation until his court
appearance because ofhis intoxicated
state and as a suicide watch.
House Speaker Irv Anderson, DFL-
International Falls, said he was in
contact with Johnson by cellular
phone Wednesday morning as fellow
lawmakers and friends urged him to
seek treatment for alcohol abuse.
Anderson said he contacted the
Brainerd State Patrol office about 11
a.m. to inform them that a possibly
Rep. cont'd on pg 8
Photo by JCO
Gov. Arne Carlson and John Rainbird discuss education on reservations at the Minnesota Broadcasters
Association annual conference in Bemidji. Carlson declined to comment stating, "it's a tribal matter."
Carlson urges people to rethink education
Dancers use tribal history in message
against substance abuse
By Margaret Taus
RED LAKE, Minn. (AP) _ The
rhythmic drumming, singing and
jingling bells on dancers in traditional
Ojibway costumes carry a
contemporary message:
Just say no to drugs.
Through dance, song and narration,
members ofthe Young Dreams Dance
Troupe use their American Indian
culture and history to tell others ofthe
dangers of alcohol and substance
abuse.
In one circle dance, men and boys
in bright, feathered costumes portray
warriors who fight off the enemy _ in
this case, 13-year-old Gary Spears
Jr., wearing a skull mask and a black
satin cloak emblazoned with words
like alcohol, heroin, coke, inhalants
and angel dust.
The troupe formed in 1991 out of a
brainstorming session with Red Lake
kids, says Young Dreams director
Giles Hart. Since then, it has taken its
program across the United States and
to other countries.
Randy Benais,  19, has been
drumming and singing with Young
Dreams for 5 1/2 years. He was born
and lives on the resen'ation.
"I just felt like I was missing
something in my life," he said. "It's
helped me out a lot.... I've been drug
and alcohol free almost all of my
life."
Benais, who does substance abuse
workshops with students, said he gets
a good feeling from showing other
people his culture. Red Lake, where
the troupe is based, is the only
Tribal cont'd on pg 5
By Jim Ortiz
Speaking at the Minnesota
Broadcasters Association 46th
Annual Conference in Bemidji,
Governor Arne Carl son addressed the
group concerning what he called the
heart of the a transition that the state
must undertake. That is the
finalization by the legislature of
requests for the last two and a half
years in terms of working with young
people.
The new Department of Children,
Families and Learning provides a
seamless system to integrate all 250-
plus programs scattered all over to
serve the needs of children.
As we move into the next century,
70 percent of jobs will not require a
BA Degree. Currently the system is
sending out a message in K-12 that if
they don't get a B A Degree that they're
a failure.
In the future, companies will want
graduates that have the technological
skills to perform the required tasks. If
companies cannot find the people in
state they will go out of state and for
that matter out ofthe country looking
for individuals to fulfill their needs.
"That kind of individual is not going
to come out of our colleges and
universities, not as it is now structured.
The market will change" said Carlson.
We need to revamp or rethink the
process of education.
The National Alliance of Business
recently conducted a nationwide poll
asking employers what they think
about the average American graduate,
finding that only 4 percent of the
employers were satisfied. When they
asked the provider if they felt that
they were doing a good job, they
overwhelmingly responded that they
were doing just fine.
"The tragedy of government is we've
allowed the provider to come into the
legislature day after day, hour after
hour, telling us what the problem is
and what the solution is, which
invariably is, 'we need more money'
and coming out with the same
outcomes."
People in Minnesota have always
prided ourselves in having one ofthe
Carlson cont'd on pg 5
GOP, Native Americans debate over treaties,
proposed cuts
American Indians gain senate support in
attempt to block casino tax
By Philip Brasher
WASHINGTON (AP) _ American
Indians have picked up the support of
key Republican senators as tribes try
to block a tax on their casinos proposed
by the House.
Senate Majority Leader Bob Dole,
R-Kan., is among eight members of
the tax-writing Finance Committee
who oppose the tax, Arizona Sen.
John McCain said Tuesday.
They include South Dakota Sen.
Larry Pressler, who also is chairman
of the Commerce Committee, and
New York Sen. Al D'Amato, the
Banking Committee chairman.
The House Ways and Means
Committee last month approved a tax
of up to 35 percent on the earnings
from Indian casinos. The tax, which
would raise an estimated $345 million,
is part of a package of revenue
measures intended to help balance
the federal budget.
Allies of Indian tribes have been
trying to arrange a meeting with House
Speaker Newt Gingrich, R-Ga., to
quash the tax proposal before it gets
out of the House. But leaders of the
Indian gambling industry hope to stop
the Senate from even considering the
idea.
The 20-member Senate Finance
Committee is to write its own tax
package later this week. Aides have
been discussing a similar casino tax,
possibly aimed at the richest tribes,
but so far it has not been included in
the committee's draft bill, sources
said Tuesday.
"It's still on the table but it's not in
the mark (the draft bill)," said a Senate
aide, who spoke on condition of
anonymity.
Besides being a threat to the
booming Indian gambling industry,
the tax is seen as an affront to the
status of tribes.
"The very idea of a federal tax on
tribal gambling revenue is as
preposterous as the idea of a federal
tax on state gaming revenue," said
McCain, chairman of the Senate
Indian Affairs Committee.
State lotteries are exempt from
federal taxes. The House proposal
would treat casinos as nonprofit
organizations for tax purposes.
Tim Wapato, executive director of
the National Indian Gaming
Association, said the casino tax
amounted to "economic racism."
Tribal revenue from timber and other
resources could be taxed, too, he said.
"We've had an all-out effort from
tribes all over the country" to lobby
against the casino tax, he said.
Other prominent Senate
Republicans who are opposed to the
idea include Budget Committee
Chairman Pete Domenici of New
Mexico- and Appropriations
Committee Chairman Mark Hatfield
of Oregon.
Among Democrats, the tax
opponents include Senate Minority
Leader Tom Daschle, D-S.D.
i
By Carol Sowers
The Arizona Republic
PHOENIX (AP) _ For more than a
century, U.S. taxpayers have shelled
out hundreds of millions of dollars to
subsidize the lives of American
Indians: schools, food, clothing, law
enforcement, housing and health care.
Now, with those subsidies under
attack by some Republicans in
Congress, Native Americans are
crying foul.
The proposals to slash the Bureau
of Indian Affairs budget would violate
200 years worth of peace treaties
signed after the white man drove them
off their lands and into despair, they
say.
But what exactly did those treaties
promise? How can handwritten
documents signed with the X's of
defeated chiefs force taxpayers in 1995
to underwrite the well-being of the
nation's 555 tribes?
What's more, are the treaties
supposed to last forever? And can and
should tribes become more self-
sufficient, as some congressmen
insist?
"Tribal rights are very much at
stake" in the congressional battle,
said Peter Osetek, a Michigan attorney
who has represented various tribes.
The BIA cuts and a proposed
gaming tax indicate that some
members of Congress are taking a
different view of how the treaties
should be interpreted, he said.
No other ethnic group is guaranteed
such benefits, however. Some
Republicans are calling for more
sacrifice from the tribes in a push to
roll back a sizable deficit.
To answer the question of what
land and aid are ensured for Indians,
one must go back to the treaties
themselves, as well as to court
interpretations of them.
The Navajo Nation treaty spells out
clearly the terms of peace.
In 1868,29 humbled Navajo chiefs
signed the treaty with their marks in
the virtual concentration camp of Fort
Sumner, N.M. The signing was
considered a victory by 8,000 starving
Navajos, in that it meant they could
return to their sacred land that
sprawled over Arizona, Colorado and
New Mexico.
The treaty, written in elegant,
painstaking script, is now a fragile
document sealed in a vault in the
National Archives in Washington,
D.C. But its promises breathe as
strongly as they did 133 years ago in
Debate cont'd on pg 3
Chino close to winning another term as head of Mescalero Council
MESCALERO, N.M. (AP) _
Wendell Chino has been president of
the Mescalero Tribal Council for 30
years and is a step closer to winning
re-election to still another term.
. Chino received 472 votes in the
tribe's primary election Tuesday. He
will face Fred Peso in the Nov. 7
general election.
Peso, who gave up his seat as vice
president to run against Chino,
finished second in the primary with
178 votes and earned the right to face
Chino in the general election.
A third candidate, Harlyn
Geronimo, received 148 votes.
Chino was elected president when
the Tribal Council was established in
1965 and has won a series of re-
elections ever since.
Tribal members on Tuesday also
trimmed the list of candidates for four
council seats. The top eight vote
getters from 18 candidates will run in
the general election.
A total of 816 votes were cast in the
primary election. .._