Native American Press / Ojibwe News (Bemidji, Minnesota), 2002-01-11

              INDEX
News Around Indian Country 2
Commentary/Editorials/Voices 4
Smoke Signals of Upcoming Events 5
Classifieds 7
Native American
male found dead
near Clearwater
pg 1
Mille Lacs Band of
Ojibwe submits
walleye plan
pg 1
Minnesota state
policy: Human rights
against most tribal
entities dismissed
pg 1
King thwarted in
attempt to derail
recall petition
pg 1
Commentary
Post King
pg4
King thwarted in attempt to derail recall petition
Council meeting recessed until 12:00 noon Saturday to consider petition
By Bill Lawrence
In a surprise move at
last Tuesday's Red
Lake tribal council
(RLTC) monthly meeting tribal treasurer Dan
King and his council
supporters made a last
ditch effort to derail the
recall petition drive
seeking his ouster by
attempting the appointment of Katherine Burns to the
council seat left vacant by the
death of Lawrence Bedeau last
March. Bums is the sister of
fonner council member Lawrence
Bedeau. the appointment move
by King and his followers was a
surprise because it wasn't on the
agenda for the day's meeting.
The planned move came right
after lunch break when everyone
was barely back in their seats and
was obviously designed to give
King the vote he apparently
thought would enable him to repeal the recall ordinance or vote
down the recall petition. However,
strong opposition by Little Rock
residents, including 2000 runner-
up candidate Michael F. Beaulieu
and others, resulted in the council
voting down the motion 5-4. Voting for the morion were King,
Beaulieu, Lasley and Cook. Vot-
Dan King
ing against were Roy,
Hardy, Thunder, '
Pemberton and
Whitefeather. Rudy
Johnson abstained.
Whitefeather, who as
chairman can only vote in
case of a tie, said he was
voting against the appointment because it
wasn't right in view of
the petition. He said that
we are only tarnishing ourselves
and that the Little Rock people
should decide who they wanted to
represent them and not the council.
Later in the afternoon session,
treasurer King launched into a tirade against the recall petition and
the handling of it by tribal secretary Roy. Roy said that King was
invited to all the community sessions to review or complete signatures or addresses, but he never
showed up for any. King asked
"why now? ... Why are we doing
the petition now?" (Recall Ordinance 1-2001 was recently approved, last October.) King said
the recall petition is nothing more
than "political posturing," but he
didn't specify" who is doing the
posturing. He was critical of the
petition review board because 6 of
the 7 members signed petition. He
proceeded to challenge nine peti
tion signatures, but after responses
from secretary Roy and several
tribal members in the audience
verifying the signatures he dropped
the effort.
Petition spokesperson Archie
King confronted tribal treasurer
Dan King about incidents in which
Dan King or his followers are reported to have intimidated tribal
members to withdraw their signatures. Dan King made little of it
and tried to discredit Ms detractors.
Press/ON was called by Little
Rock resident Brian Jourdain
Wednesday evening and informed
that over 30 Little Rock residents
met and voted to recommend to
the RLTC that 2000 mnner-up candidate Michael F. Beaulieu be appointed to the vacant Little Rock
District Representative seat at Saturdays council meeting.
Petition spokespersons Archie
King and Bill Lawrence told Press/
CWthat 1700 signatures have been
certified by the tribal secretaries office and would be presented to the
tribal council on Saturday. According to Recall Ordinance 1-
2001, 1665 are required to recall a
tribal officer. Spokesperson King
and Lawrence urge tribal members
to show their support and solidarity
by attending Saturday's council
meeting.
Minnesota state policy: Human rights
charges against most tribal entities dismissed
by Clara NiiSka
The Minnesota Department of
Human Rights has a policy of
dismissing charges of human
rights violations against Indian
casinos and other tribal entities
when the Indian defendant responds to the human rights complaint with a defense of "sovereign immunity." Although the
State asserts jurisdiction, and human rights complaints against
Indian casinos and other tribal
entities may be filed with the
State Department of Human
Rights, those charges are routinely dismissed.
Press/ON learned that the Department of Human Rights dismisses human rights cases involving tribal entities, and contacted the state agency. Spokesperson Elaine Hanson explained
that the department "does not
dismiss for lack of jurisdiction,"
but rather that the departmental
policy was because of the "expenditure of resources" which
would be required for the State
to prosecute a human rights
complaint against an Indian casino or other tribal entity. "We
have to pick our battles - we
would undoubtedly use our entire litigation budget for several
years fighting this out in court.
... To spend the entire litigation
budget on that, for the sake of resolving this in court, doesn't
seem like good stewardship."
The authority of the Department of Human Rights derives
from Minnesota Statutes § 363.
"The Minnesota Human Ritins
Act is silent" on issues of state-
tribal jurisdiction, said Hanson.
There is an "assumption that
there is jurisdiction" by the
State. "We tell people when they
call" the Human Rights Department, "yes, you may file a
charge. But, if the tribe files a
defense of sovereign immunity,
then we will dismiss the case.
Most people back off," she said;
there are five or six human rights
complaints against tribal entities
filed with the state department
annually. The department deals
with these complaints by sending the people who filed them a
standard Memorandum, which
concludes, "the Commissioner
declines to process this charge
further."
Hanson explained to Press/ON
that, "years ago," we would "try
to resolve" human rights complaints against Indian tribal enterprises. The Minnesota Supreme Court's 1996 decision in
Cktvle v. i.i;tle Six ,555 N.W.2d
284) changed the Department of
Human Rights' policy. In that
case, the Minnesota court ruled
that the "affirmative defense of
sovereign immunity may be extended from a tribe to a tribal
business entity," and that
"[ajbsent an express and unequivocal waiver of sovereign
immunity, a tribal business entity
RIGHTS to page 5
Native
American male
found dead near
Clearwater
Sheriff Gar>' L. Miller reports
that at 8:32 a.m. on January 8,
2001, the body of a Native American male in his mid-twenties was
discovered lying off the shoulder
of the eastbound lanes in the south
ditch of 1-94 about !4 mile east of
the city of Clearwater. Sheriff's
Detectives and members of the
Major Crimes Investigative Unit
processed the scene. Preliminary
information indicates that the man
did not appear to have died of
natural causes, but the cause of
death has not yet been determined.
The name of the victim cannot be
released at this time, pending notification of next of kin.
Wright County Sheriff's Deputies arid the Wright County
Coroner's Office are continuing
the investigation, and further information will be released as it becomes available. An autopsy will
be conducted early tomorrow.
We would like to encourage anyone who may have observed any
unusual activity on 1-94 east of
Clearwater in the early morning
hours of Tuesday, January 8th,'to
call the Wright County Sheriff's
Office at 763-682-1162.
Federal appeals court reinstates
indictment of man challenging
jurisdiction of BIA police
By Jeff Armstrong
The 8"' U.S. Circuit Court of Appeals last week reinstated the federal indictment of a non-Native for
resisting the legal authority of a
BIA police officer to enforce state
law on the Fort Berthold Reservation.
Willliam Billadeau will face
charges of forcibly resisting, opposing, impeding and interfering
with a federal officer for allegedly
fleeing BIA officer Jeff White,
who had stopped him on suspicion
of driving under the influence on a
state highway running through the
reservation. Under federal law, the
offense carries a maximum one-
year prison sentence.
While Billadeau complied with
initial stop, he departed from the
scene upon learning that the reservation officer was not cross-deputized by the county sheriff. Before
driving away, Billadeau informed
officer White that the sheriff could
find him at his residence, also
within reservation boundaries.
White then followed Billadeau to
his home and arrested him.
In the U.S. District Court of
North Dakota, Billadeau won dismissal of the indictment on jurisdictional grounds. Because there is
no federal statute pertaining to
driving while intoxicated, the district court held, Billadeau was subject only to state law, which the
BIA officer was unable to enforce.
The court determined that White
was not acting in an official capacity due to Ms lack of legal authority
under the circumstances.
On appeal, however, the 8th Circuit reversed, finding that the U.S.
government has jurisdiction under
the Assimilative Crimes Act to enforce state motor vehicle laws on
reservations.
"A BIA officer lias a statutory
duty to arrest a suspect who commits an offense in Indian country
in the officer's presence. See 25
U.S.C. § 2803C3)(A). The General
Crimes Act, 18 U.S.C, § 1152, creates federal jurisdiction over
crimes committed by non-Indians
against Indians in Indian country. It
incorporates the Assimilative
Crimes Act (ACA), 18 U.S.C. §
13, which provides that when conduct which would violate state law
occurs on federal land, the relevant
state law is assimilated into federal
law unless there is already applicable federal law," the appeals
court wrote.
Although White was not charged
with the suspected driving of-
BIA to page 5
VOICE
O   F
THE
People
web page: www.press-on.net
Native
American
Press
Ojibwe News
We Support Equal Opportunity For All People
A weekly publication.   Copyright, Native American Press, 2001
Founded in 1988
Volume 14 Issue 6
January 11, 2002
This memorial to Tatanka lyotake (Sitting Bull) is located on a bluff on the west side of Lake Oahe,
just west of Mobridge, South Dakota. Lake Oahe was created by the Oahe Dam on the Missouri
River. Sitting Bull was originally buried at Fort Yates, North Dakota, until surviving relatives with the
aid of the Dakota Memorial Association moved his remains to the present location on April 11,1953.
Mille Lacs Band of Ojibwe submits
walleye plan
State wildlife officials said
they're pleased but need to take a
closer look at a proposal by the
Mille Lacs Band of Ojibwe and six
other Chippewa bands to take
100,000 pounds of walleyes a year
out of Lake Mille Lacs between
2003 and 2007.
The Minnesota Department of
Natural Resources is expressing
concern about an element of commercialization included in the plan,
which was submitted to the agency
in the past week.
"We're trying to figure out what
it really means," said Rick
Bruesewitz, DNR treaty biologist.
"We have concerns over the commercialization of that resource."
However, Bruesewitz said the state
is pleased with the 100,000-pound
annual walleye number, a level
equal to the tribe's current alloca
tion. The DNR establishes safe
walleye harvests on the state's premier walleye fishery based on the
bands'allowed take.
"We're really pleased to see the
bands are staying at a fairly reasonable level," Bruesewitz said. "This
is something we can accommodate
with the angling."
Curt Kalk, the Mille Lacs band's
natural resources commissioner,
said the Mille Lacs Band, which
gets half of the bands' annual allocation, has no interest in commercial fishing on the lake. But he said
members of some bands from Wisconsin want flexibility to sell fish
they take within their allocations to
cover such costs as transportation
to and from the lake.
"Mille Lacs will not be participating in any commercial fishing,"
Kalk said. "I don't favor commer
cialization at all."
Kalk said the management plan
represents the bands' best estimate
of their subsistence fishing needs,
along with a cushion to meet increased demand.
The bands seek 100,000 pounds
of walleyes a year in 2003 and
2004. Then, if they use at least 85
percent of their allocation, levels
would rise to 105,000 pounds in
2005. 110,000 in 2006, and
115,000 in 2007. Otherwise, the allocation would stay at 100,000
pounds.
Last year, the bands had an
85.000-pound allocation, but took
only 48,000 pounds. The DNR set
a harvest quota of 310,000 pounds
for the public but, because of excellent fishing, had to impose size
WALLEYE to page 8
Court rules
parents
present for
questioning
By Jeff Armstrong
The Minnesota Court of Appeals this week ailed that police
holding a juvenile suspect must
attempt to have the youth's parents present during questioning.
The appeals court struck down a
Hennepin County district court
decision upholding the delinquency adjudication of a 14-
year-old, referred to as D.B.X,
who confessed to stealing a car
during a law enforcement interrogation.
A district judge had ruled that
because the youth was read his
Miranda rights prior to questioning, his statements to police were
RULING to page 5
Fight over land is focus of
State of Band address
Mille Lacs leadersays county is forcingthe tribe to "fightfor survival'
Associated Press
ON AMI A, MINN. - Calling
county officials the biggest threat
to sovereignty and identity of the
Mille Lacs Band of Chippewa,
Chief Executive Melanie Benjamin said the tribe is immovable
and willing to fight.
"Against our will, we are being
forced to fight for our survival,"
Benjamin said Tuesday in her annual State of the Band address.
The Mille Lacs County Board
voted unanimously in late November to take legal action regarding
61,000 acres near Lake Mille Lacs,
an area that is home to 4,000
people, including tribal members
and non-Indians.
The Band says the area is part of
its reservation, protected under a
treaty signed in 1855. However,
Computer shutdown has Interior
working the old-fashioned way
"Piles of paper" at governmental agency
By Robert Gehrke
Associated Press
WASHINGTON - The Interior
Department is running the old-
fashioned way, a month after a
federal judge pulled the plug on
the department's Internet connections. Piles of paper have taken
the place of e-mails, and phone
call queries have replaced clicks
on a Web site.
The situation is causing headaches for the public and agency
employees, most of whom have
lost their Web access.
"I think we're all working very
hard to try to deal with these
problems," said Interior spokesman Hugh Vickery. "We're in the
21st century now and when your
e-mail and Web get taken away,
it's a real challenge."
Computer users no longer can
look for information on endan-
COMPUTER to page 6
Video of arrest supports Bellanger's claims
against obstruction charge
By Jeff Armstrong
A police videotape obtained by
Press/ON of the Aug. 31 arrest of
Lowell Bellanger by White Earth
and Mahnomen County officers
tends to support the tribal
activist's account of the incident,
which resulted in Bellanger facing charges of fleeing a peace officer and obstructing legal process with force.
The complaint was initially
filed in Mahnomen County, referred to Norman County for po
tential conflict and finally landed
in Becker County, within which
Bellanger resides.
In the video, Bellanger can be
seen from the vantage point of a
White Earth squad car with siren
and lights activated driving at apparently normal highway speeds
(and signaling his turns) from
Highway 113 to his home in
White Earth. Bellanger contends
that the reservation officers followed him for a considerable distance before attempting to pull
I
him over without cause. The
White Earth police maintain that
Bellanger was stopped for failing
to dim his headlights and on suspicion of DUI. He was never
tested for the latter offense, nor
charged with the minor traffic infraction.
The police tape shows that
Bellanger twice tried to exit his
vehicle after colliding with a tree
on his property. Both times the
VIDEO to page 6
County Board Chairman Frank
Courteau said that the area has not
been treated as a reservation for
more than 100 years and that Indian rights to it have been changed
by subsequent treaties.
The Band plans to build a $16
million sewage treatment plant on
its property to serve 10,000 residents in a 30-square-mile area and
has created a nonprofit corporation
to run it. Federal grants will cover
$7.7 million of the cost, and the
band will pay the rest.
Courteau customarily has attended the State of the Band address, but didn't this year, he said.
County Board members were not
invited.
The Mille Lacs Band has about
3,340 members across the country.
About one third of them live on or
near the reservation in east-central
Minnesota. More than 1,000
people packed a convention room
at Grand Casino Mille Lacs, one of
the Band's two casinos, for the address.
Elected to lead the tribe in June
2000, Benjamin praised 2001 as a
year of better housing, improved
education and increased tribal involvement in the band's government.
For the first time in many years,
all of the tribal executives are also
members of the band, she said.
Looking ahead, she said the tribe
still faces battles with chemical dependency, high rates of diabetes
and the possibility of competition
from state-nin casinos.