The Ojibwe News (Bemidji, Minnesota), 1995-12-23

              Judge rules MN lacks authority to enforce
vehicle laws on reservation
By Jeff Armstrong
Tribal members may drive on their
own reservations without being
subject to state motor vehicle laws, but
can be criminally prosecuted for
hunting within treaty reservation
boundaries, according to rulings this
week by Minnesota's 9th Judicial
District.
Judge John Roue dismissed charges
against two White Earth women
accused in Mahnomen County Court
of driving without insurance, with
improper or expired plates, and
without state registration. Ruling that
the state lacks authority to try such
cases against tribal members on the
reservation, Roue further ordered the
immediate return of vehicles
belonging to defendants Deborah Lee
Minard and Roxanne Marie Claassen.
"This Court is without subject matter
jurisdiction to enforce state laws
respecting motor vehicle insurance,
motor vehicle license plates, the
registration of vehicles, and the
issuance of insurance on vehicles
within the reservation," wrote Roue
in an opinion dated Dec. 14.
Roue's ruling is the second such
finding by a district judge in
Mahnomen County, which is wholly
encompassed by White Earth. Former
chief district judge Russell Anderson
earlier threw out charges of driving
without insurance against Peter
Charette of White Earth. Then County
Attorney Gerald Paulson appealed the
ruling, but subsequently withdrew the
appeal. Claiming Anderson's ruling
was not binding as a legal precedent,
the county has continued to enforce
such laws against tribal members.
Charette said Roue's decision is a
step in the right direction, but a very
small one. "This thing has probably
been adjudicated for the last year, so
they know that it's illegal to take our
property and charge us under their
laws. Yet they're still writing tickets
for driving without insurance and
impounding vehicles. I hope this puts i
a stop to it," said Chare'tte.
"They've been overstepping the
bounds of Public Law 280 for years,"
he added. "I think the ruling adds
clarity to the limitation imposed by
280, but if we're going to have to
knock down each provision of the
motor vehicle code one step at a time,
we're going to be here a long time,"
Charette said.
Public Law 280 imposed state
criminal and civil jurisdiction on
reservations in Minnesota and
Judge cont'd on pg 3
vea
Wah' Ofoliday
Voice ofthe The People
1
Indian Affairs Council sneaks another
meeting by the community
By Gary Blair
In between court appearances, indicted tribal leaders Darrell "Chip"
Wadena, Tig Pemberton and Dan
Brown managed to show up for the
Minnesota Indian Affairs Council
meeting on December 19, at the Kelly
Inn in St. Paul.
Interestingly, and despite the fact
that the Indian Affairs.Council and
the Native American Press/Ojibwe
News office in the same building, the
PRESS received notice of the meeting by mail on December 15, too late
to publicize it to the Indian community.
About one year ago Joe Day was
hired as MIAC's new executive director ~ after Roger Head resigned in
disgrace - and promised to promote
a more open and accessible council.
However, it appears those promises
were short-lived. Now, as before,
MIAC meetings are one of the best
kept secrets in Indian Country.
With the federal indictments for
corruption still hanging over the
heads of reservation leadership at
White Earth and Leech Lake, charges
that include election fraud, money
laundering, bid rigging, kickbacks,
and an insurance scam, this meeting
was more representative of organized
crime than of problem solvers with the
best interests of Indian people in
mind.
The agenda for the meeting was
vague and not adhered to but a lengthy
discussion took place on the difficulty
in removing and relocating Native
American burial remains within the
state. Apparently, the University of
Minnesota who funds the removal
program is having problems finding
qualified Indian spiritual people to
handle the excavation transfers and
has turned to the tribes for help.
Gary Donald, Nett Lake's Tribal
Chairman, told the group that they
have used two Canadian Indians to
do the relocation burials. "I think the
problem we're having in finding
people who can do this ceremony is
there is no such ceremony, we never
did this before," he said. He also
commented about an Indian person
who had performed some of the ceremonies for them in the past. "We
found out that he could not even talk
Indian," Donald added.
Discussion went on to the problems
the tribe (Minnesota Chippewa Tribe)
is having trying to recover money
from the Indian Business Loan Program, which is administered by the
MIAC. Theresa Jones, business loan
officer for MIAC, reported that the
Minnesota Attorney General's office
has seized bank accounts of individuals who had not attempted to repay
their loans.
In typical fashion, the meeting,
which very few people attended,
ended with a closed door session.
Ira Sailor, an elder from White
Earth who is known for his outspokenness on Indian issues, spoke
briefly. He told the gathering of less
than 30 people, " If we continue to
have leadership of this kind, Indian
people will always be poor."
Tribe discusses deal with NSP for member
who want to leave Prairie Island
RED WING, Minn. (AP) _ Tribal
leaders are discussing a deal that
would provide money, and perhaps
land, for Prairie Island Dakota
members who want to leave the
reservation, which is next to a nuclear
plant.
The talks with Northern States
Power Co. came about after tribal
leaders changed their minds about a
state nuclear waste storage law. The
1994 law allows NSP to place highly
radioactive wastes in no more than 17
outdoor steel casks near its Prairie
Island nuclear plant.
The tribe, whose land adjoins the
NSP property, opposed the nuclear
waste expansion lastyear on grounds
that it would increase radiation levels
and affect public health.
The tribe said during the legislative
debate that it would not accept
financial compensation from NSP if
the casks were allowed because the
health of tribal members was not "for
sale."
Tribal leaders have reconsidered
their position and in recent weeks
have met numerous times with key
legislators and NSP officials.
Tribal chairman Curtis Campbell
confirmed that talks have been
underway, but said no deal has been
reached.
Campbell said many members,
especially those with young children,
have been wanting to relocate since
NSP received state permission to store
waste in casks. So far, two casks have
been loaded and placed on a storage
pad.
About 128 people live on the
reservation, and there are about 500
enrolled tribal members.
"Because of our situation here near
the plant, a certain amount of our
tribal members don't want to live
around here," Campbell said. "And
another group of traditional people
will remain here no matter what."
Campbell would not disclose the
nature ofthe negotiations with NSP.
Bm others close to the talks said the
tribe is interested in land and money
in exchange for dropping its
opposition to the casks.
Carl Lehmann, manager of public
affairs for NSP, declined to specify
the nature ofthe talks.
But, he said, "there is much better
communication going on than there
has been."
Asked if NSP officials have been
talking about compensation,
Lehmann said, "We've agreed with
the tribal council that either side can
put almost any issue on the table, and
we've agreed to talk about it."
Lehmann acknowledged that one
of those issues was tribal relocation.
Greene helps Oneida prepare for acting debuts
ASHWAUBENON, Wis. (AP) _
Graham Greene says he learned little
about his Indian heritage until he
reached adulthood.
Greene says his parents attended
government schools he calls
"prisons," where they were beaten if
they spoke their tribal language.
"They were taught not to speak our
language and taught their heritage
was wrong," said Greene, who starred
in the 1990 Oscar-winning film
"Dances With Wolves."
When hie was in his early 20s, "a lot
of our elders got together and said
once things were better, we had to do
something," Greene says.
Now Indian culture and language
are part ofthe curriculum in Canadian
schools, and Greene hopes to help
establish Indian theater groups in the
United States.
Greene, who is part Oneida Indian,
visited the Oneida Nation on Sunday
and Monday to help tribal members
prepare to audition for a film the tribe
plans portraying the American
Revolution through the eyes of an
Oneida Indian.
Samurai Ltd., a Las Vegas-based
film production company, plans to
make the $50 million motion picture.
The film will show the war through
the experiences of an Oneida woman,
Dolly Cobus, who also was known as
Polly Cooper and was a cook for Gen.
George Washington's army.
Greene says that although it'^s hard
House GOP files ethics complaint against Johnson
St. Paul (AP) ~ It's getting so you
need a scorecard at the Capital to
follow threats to file ethics complaints,
actual complaints, and not-quite
complaints.
Tuesday's update: House
Republicans filed an ethics complaint
against Rep. Bob Johnson, DFL-
Bemidji, who is serving his second
consecutive jail term for drunken
driving. They are asking that Johnson
be expelled.
That follows a request by House
DFL leaders for a "review" of
Johnson's actions, which include three
drunken driving arrests in 6 \n weeks
and threats of reprisal if the State
Patrol didn't give him a ride to former
Gov. Rudy Perpich's funeral.
On the Senate side, DFL Majority
Leader Roger Moe requested ethics
hearings against four DFL senators
who have pleaded guilty to various
crimes: Joe Bertram (shoplifting),
Keven Chandler (domestic abuse),
Native
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Copyright, Native American Press,  1995
to sell a movie based on history that
often is "dry as dust," he thinks the
Oneida story has a chance.
"Hollywood has not treated anyone
fairly in terms ofthe historical sense,"
he says. "Our history has been an oral
history based on stories rather than
dates and numbers and a lot of dust
piled on shelves and books. In terms
of getting it through that way, I think
they stand a good chance of coming
up with a viable, salable product."
But, Greene says, "if you want to
make a movie and tell a story, you
have to bend history a little bit to help
the audience follow the characters
instead of just the facts."
Greene cont'd on pg 3
Florian Chmielewski (telephone
fraud) and Sam Solon (telephone
fraud).
A Republican complaint already has
been filed against DFL Sen. Skip
Finn, who is currently under a federal
fraud indictment.
Hearings in both the House and
the Senate are expected to begin in
early January. Legislative leaders
are pushing for votes on both floors
soon after the Legislature convenes
Jan. 16.
Merry Christmas and Happy New Year from the staff of Native American Press/Ojibwe News. staff photo
North Dakota tribes get emergency funds
for heating assistance
reservesto carry it through the current
federal budget stalemate.
TwilaMartinKekahbah, chairwoman
BISMARCK, N.D. (AP) _ North
Dakota's Indian tribes, on the brink
of running out of money to help the
poor heat their homes, will get a share
ofthe $578 million in aid released by
the Clinton administration.
"These are desperately needed funds
for the reservations," Rep. Earl
Pomeroy, D-N.D., said Monday.
According to Pomeroy's office, the
Turtle Mountain tribe will receive
$309,910, Standing Rock Sioux
$ 192,250, the Three Affiliated Tribes
$125,097 and the Devils Lake Sioux
tribe $80,638.
The state of North Dakota will get
$5 million for non-reservation
residents, Pomeroy said.
But unlike the tribes, the state had
of the Turtle Mountain tribe, said her
tribe was on the verge of running out
of money this week. The tribe this
week began cutting back on the
amount of help it provided, she said.
"Over 1,000 families are receiving
fuel assistance," Kekahbah said.
"Some of them get full assistance and
others receive only partial assistance."
Kekahbah was in Washington
Monday along with other tribal
council members to relay the "urgency
of our concerns."
The Low Income Home Energy
Assistance Program, or LIHEAP, is
one of the points of contention that
have held up congressional action on
a $250 billion bill to fund the
departments of Labor, Health and
Human Services and Education in
1996.
The House version of the Labor-
HHS bill does not fund the program.
The Senate has proposed $900 million
$100 million less than current
spending set in the 1995 budget for
1996 programs.
House Republicans say that
LIHEAP is a relic ofthe oil crisis in
the 1970swhensharplyrising heating
costs caused widespread hardships in
northern states. But Democrats and
many northern state Republicans
dispute arguments that the program
has outlived its usefulness.
Tribal   leaders   on   poverty-stricken
reservation get holiday bonuses
RAPID CITY, S.D. (AP) _ Twenty-
one Oglala Sioux tribal leaders have
gotten Christmas bonuses of $1,000
each, tribal officials have confirmed.
The tribe is headquartered on Pine
Ridge Indian Reservation, which
makes up one of the most poverty-
stricken areas of the nation.
The bonuses, paid while the tribe's
poverty programs face funding cuts,
went to the 16 elected tribal
councilmen and to the five members
of the tribe's executive committee,
including thetribal president and vice
president, the Rapid City Journal
reported Thursday.
Five tribal officials confirmed the
Christmasbonuses hadbeenawarded,
the newspaper said.
Those officials said other full-time
tribal employees got $500 Christmas
bonuses. The newspapef*r could not
confirm how many ofthe tribe's 400
employees got bonuses.
"I think every enrolled member
should be upset," said Bill Loafer,
chairman of the Medicine Root
District at Kyle.
"With our president making
$55,000 ayear, what business does he
have getting another $1,000?" he
asked.
Tribal President Wilbur Between
Lodges did not return telephone calls
seeking comment. Vice President Mel
Lone Hill refused comment.
In September, tribal officials joined
Indian leaders from throughout the
nation to protest proposed cuts in the
Bureau of Indian Affairs budget.
The 16 tribal council members make
$32,000 a year plus travel and other
expenses.
Tribal cont'd on pg 8
Reno won't defer deadline, Skeen says
SANTA FE (AP) _ A New Mexico
congressman says U.S. Attorney
General Janet Reno won't delay
enforcement action against Indian
casinos in New Mexico.
Rep. Joe Skeen, R-N.M., said he
spoke with Reno on Friday evening
and she indicated "that she intends to
maintain the timeline established by
the U.S. attorney but will continue to
monitor the situation."
U. S. Attorney John Kelly told Indian
casinos to shut their doors by Jan. 15
or he will take them to court seeking
forfeiture of their gambling machines.
The tribes have said they won't
comply.
SkeenhadsentRenoaletter in support
of Gov. Gary Johnson's request to her
that she delay the enforcement action
until after the legislative session,
which begins Jan. 16.
Lawmakers are expected to deal
with gambling issues. during the
session, including whether to ratify
compacts that sanction Indian casinos.
Skeen said in his letter to Reno that
he was "extremely concerned" that
Kelly's efforts "would have an adverse
effect on the current efforts to produce
a reasonable and amicable solution."
"As indicated in several news
J
articles, Mr. Kelly's actions could
precipitate unwanted violence
throughout the state," Skeen wrote.
One tribal governor, Pojoaque
Pueblo Gov. Jacob Viarrial, said
Thursday he might put up armed
resistance to federal agents, but other
Indian representatives at a forum in
Albuquerque downplayed prospects
of violence Friday.
A spokeswoman for Johnson said
Friday the governor's office was
working to put together a group of
federal, tribal and legislative officials
to "bring calm and common sense to
the situation."