Native American Press / Ojibwe News(Bemidji, Minnesota), 1996-02-02

              Tax forms for Leech Lake aid payments
create suspicion of fraud
By Gary Blair
Federal IRS 1099 income tax
reporting forms being sent to Leech
Lake enrollees by the reservation's
tribal council are generating
controversy among tribal members.
The tax forms contain unitemized
and allegedly inflated reports of
payments which tribal officials
claim went to individual members
last year.
Included in income reported to
the IRS is the annual Christmas
bonus which members received.
Some tax forms also include
emergency grants obtained by tribal
members, though the forms do not
specify dates, amounts or actual
recipients of aid checks. Much of the
money did not go directly to members,
but instead was granted in the form of
third-party vendor payments.
Leech Lake enrollees the PRESS
spoke with complained that the tax
forms are not accompanied by a letter
of explanation. "Its nothing more than
an attempt, to cover-up the millions
that were pilfered by our tribal
council," said one member.
Others say the tax forms contain
inaccurate amounts, and that some
tribal members were not sent the tax
forms even though they also received
the same funds. "I received a $100.00
Christmas bonus last year and they
have $150.00 on the tax form they
sent me and that's not correct," a
PRESS source said.
Others say the tax forms don't
declare the money paid to members
who campaign for reservation officials
who gained power in the last election.
"One of the council members even
bought new furniture twice for one of
his female relatives who lives in
Minneapolis," the source alleges.
Another source says two of the
reservation council members gave
their uncle $87,000 in tax-free
money. "His wife has been spending
it at the casino," the Leech Lake
member said.
Jdg. Mason rejects Sov. Imm. claim of WE indict./ pg1
Text of Jdg. Mason's Report & Recom./ pgs 2, 5 & 8
Leech Lake Tax Forms create stir/ pg 1
MN. Sup. Crt. to hear arg. in Gavle v. Little Six/ pg 1
Alaska Natives dying from smoking illnesses/ pg3
Voice of the People
1
Court rejects sovereign immunity claims of
indicted White Earth officials
By Jeff Armstrong
Tribal officials are not immune from
prosecution in federal court for
criminally violating the civil rights of
their constituents, according to a
recent U.S. District Court opinion.
In his Jan. 24 recommendations,
U.S. magistrate judge John Mason
denied defense motions to supress
evidence and dismiss charges against
three White Earth tribal council
members and their accomplices
indicted for conspiracy to commit
election fraud, bribery, embezzlement
and bid-rigging.
Although subject to review by the
district judge hearing the case,
Mason's findings help clear the way
for the scheduled April 1 trial of
White Earth RBC chairDarrell (Chip)
Wadena, secretary treasurer Jerry
Rawley, and district committeeman
Rick Clark. If judge Michael Davis
affirms the magistrate's opinion, Clark
and Rawley will also be tried
separately on election fraud charges,
along with Peter Pequette, Jr., Henry
Harper and Carley Jasken.
Mason held that the federal
government has legal authority to
prosecute criminal violations of the
Indian Civil Rights Act (ICRA), which
extended the major provisions of the
U.S. Bill of Rights to Indian Country.
Most of those rights are also included
in the tribal constitution, as Mason
noted. The magistrate opined,
however, that "the application of 18
U.S.C. [section] 241 in this case
cannot be based on rights secured by
[the Equal Protection] Clause of the
Court cont'd on 3
Native
Fifty Cents
Ojibwe
IMbwvs
We Support Equal Opportunity For All People
Founded  in 1S8B Volume 8   Issue 16        February 2, 1996
1
A weekly publication.
Copyright, Motive American Preea,  1996
MN Supreme Court to hear arguments in
suit against Prescott, Little Six
Minneapolis,   MN   _   The
University of Minnesota Law School
Auditorium will be the site of Feb. 5
state Supreme Court arguments in
the case of Gavle v. Little Six, Inc.
and Leonard Prescott.
The issue on appeal is whether
Little Six, Inc.—a for-profit business
which is neither a tribal government
nor an arm of the tribal government-
-has sovereign immunity from a
lawsuit brought by  a  former
employee claiming sexual
harassment, discrimination, pregnancy discrimination, defamation and
battery.
Little Six, Inc. is a corporation
formed under the laws of the
Shakopee Mdewakanton Sioux
Community. Little Six filed to obtain
a Certificate of Authority to do
business in the State of Minnesota.
In filing with the state, the
corporation irrevocably consented to
service of process and agreed to be
bound by Minnesota law.
At the time Ms. Gavle worked for
the corporation, Little Six also
maintained its corporate headquarters
off the reservation. The company now
attempts to shield itself with a
sovereign immunity defense for
activities which were, in part,
conducted off the reservation and
which have severely impacted the
rights of a female employee.
IHS self-determination regulations
published for revsew^^^^™*^
Dreams of the Summer Hunt by Bob "Punk" Wakanabo. W«
tor summer.
The Department ofHealth and Human
Services and the Department of the
Interior have published regulations
aimed at reducing the amount of
government paperwork required of
Indian tribes when they submit to
contract with HHS. "These guidelines
will make it easier for Indian tribes and
reduce the burden of paperwork in the
federal government," said HHS
Secretary Donna Shalala.
HHS and DOI developed the
regulations to implement Public Law
103413, the Indian Setf-Determination
Act Amendments of 1994. PL 103-413
amended the Indian Self-
Determination and Education Assistance Act (PL 93-638), which gave
tribes the authority to contract for the
direct operation of programs serving
their tribal members.
Title I of PL 103-413 significantly
amends PL 93-638 to specify the terms
of self-determination contracts entered
into between the United States and
Indian tribes and tribal organizations,
and to limit the promulgation of
regulations under PL 93-638.
"This negotiated rulemaking process
is a model for developing successful
federal and tribal partnerships in other
endeavors," said Interior Secretary
Bruce Babbitt. "The consensus process
allowed for true bilateral negotiations
between the federal government and the
tribes in the best spirit of the
government-to-government
relationship."
The Notice of Proposed Rulemaking
was published in the Jan. 24 Federal
Register with a 60-day comment
period. After public comments are
reviewed and incorporated into the
regulations, the final rule will be issued.
The act requires that a final rule be
published by April 25, 1996.
Written comments may be submitted
to Ms. Betty Penn, Indian Health
Service, Office of Planning, Evaluation,
and Legislation, 12300 Twinbrook
Parkway, Suite 450, Rockville, MD
20857, or call 301/443-1116.
For further information on the
regulations, contact Ms. Merry Elrod
MS, Office of Tribal Activities, 301/
443-1044, or Mr. James Thomas, BIA
Division of Self-Determination
Services, 202/208-3708. '
Indian Health Service is an agency
of the Public Health Service within
HHS. The provision by IHS of health
services to members of federally-
recognized tribes is based on a special
relationship between Indian tribes
and the U.S. Government first set
forth in the 1830's by the U.S.
Supreme Court. This relationship has
been reconfirmed by numerous
treaties, laws, constitutional provisions, court decisions and executive
orders. The IHS currently provides
health services to approximately 1.4
million members of more than 545
federally recognized tribes.
Federal budget threatens tribal colleges
Turtle Mountain tribal members to file
lawsuit against tribe
WASHINGTON (AP) Some of the
nation's tribal colleges are in danger
of closing because of the stalemate
over the Interior Department budget
that squeezed their major source of
funding, college officials say.
Colleges report laying off staff and
cutting courses to cope with the
shortfall.
The schools have received only 20
percent of their federal funding for
the 1995-96 school year even though
it is halfway over.
"We are teetering on the brink of
crisis and of actually closing," said
Janine Pease-Pretty on Top, president
of Little Big Horn College in Crow
Agency, Mont.
There are 29 tribally controlled
colleges, including 15 in Montana,
North Dakota and South Dakota.
Minnesota has two: Leech Lake
Tribal College in Cass Lake and Fond
du Lac Tribal & Community College
in Cloquet.
They rely on federal funding for an
estimated half to 90 percent of their
budgets and typically have little cash
reserve, college officials said at a
news conference Wednesday.
Up to 25 percent of the colleges may
not have the money to finish the
school year, said Margaret Perez,
president of the American Indian
Higher Education Consortium.
Nebraska Indian Community
College has laid off faculty. Fort
Belknap College in Montana put non-
faculty personnel on part-time status.
Turtle Mountain Community College
in North Dakota cut its course
offerings.
Sisseton Wahpeton Community
College in South Dakota is trying to
get a loan to cover its shortfall,
although banks frequently have
refused to provide such loans, officials
said.
The Leech Lake tribal council is
helping support the college there with
gambling funds, said college
president Larry Aitken. "I don't know
how long we'll be able to hold on."
Congress passed a $12 billion
appropriations bill late last year for
Interior and related agencies, but
President Clinton vetoed the measure
because of provisions he said would
harm the environment. Among other
things, the bill would allow increased
logging in Alaska and ban new
listings of endangered species.
The Interior Department includes
the Bureau of Indian Affairs, which
funds the tribal colleges.
Without the appropriations bill, the
Interior Department is being funded
through stopgap spending measures
called "continuing resolutions." The
continuing resolutions have provided
a portion of what the agencies would
get through the appropriations bill.
The current resolution expires in
March.
The colleges sent a letter to
President Clinton in January
requesting lump-sum payments for
the rest of this year's appropriation.
House approves plan to eliminate single-member house
MINOT, N.D. (AP) _ Seven
members ofthe Turtle MountainBand
of Chippewa say their civil rights are
being violated and want a federal
judge to intervene in a year-long
political battle.
The seven are five council members
ousted last April, a tribal judge
impeached in September and a tribal
member who was unsuccessful in
getting a new election held on the
reservation last fall.
Several of them announced Saturday
they were filing a lawsuit in U.S.
District court and vowed to take their
case all the way to the U.S. Supreme
Court if necessary.
John Skowronek of Minot, an
attorney for the tribe, said Saturday
he was not aware of the lawsuit and
declined to comment until he had
seen a copy of the complaint.
However, he said "the whole
purpose behind all this litigation is
they're attempting to thwart any
attempts by this tribal government to
make any meaningful progress. It's
not working."
The lawsuit asks U. S. District Judge
Patrick Conmy to resolve some ofthe   By Chet Brokaw
disputes on the reservation.
"The tribal system is not providing
remedies to members of the tribe,"
said Lynn Boughey, a Minot attorney
representing the seven. "It's a state of
anarchy."
The complaint, which Boughey said
will be filed in U.S. District Court in
Bismarck on Monday, includes a
PIERRE, S.D- (AP) _ The state
House has approved a plan to repeal
the two special House districts that
were created to give Indians in north
central South Dakota a chance to
elect their own state representative.
The House voted 44-24 to send the
measure to the Senate. Thevote mostly
followed party lines, as Republicans
supported the bill and Democrats
opposed it.
South Dakota has 35 legislative
districts. In 34 of those districts, voters
elect one senator and two
representatives, all of whom represent
each person in the district.
But after the 1990 census, District
28 was split into two separate House
districts, each of which elects only
one member ofthe House.
The District 28 senator represents
the entire district. But each House
member in that district represents
only half the area.
One House district covers Harding
and Perkins counties, part of Butte
county and a portion of Corson
County.
The second House district covers
Dewey and Ziebach counties and a
part of Corson County. It includes
House cont'd pg 3
comprehensive description of various
Lawsuit cont'd on 6     Navajo council committee subpoenaed president Hale
Cowlitz spiritual leader finds no contradiction in scriptures
By Don Jenkins
LONGVTEW, Wash. (AP) _ The
struggle for Roy I. Wilson's soul
started early.
Born to a white mother and Cowlitz
Indian father, he was reared in two
religious traditions that were
sometimes squaring off.
A Sunday school teacher told him
he had to give up "heathen ways" to
be a Christian.
An Indian elder was more
picturesque in conveying the same
message. He pointed out a car to the
youthful Wilson and asked whether it
could travel on two roads at once.
"I couldn't see anything wrong with
either of their teachings, so there was
a war going on inside me," he said.
At the age of 68, Wilson has long
ago declared peace. He remains
unalterably both the spiritual leader
ofthe Cowlitz Indians and an ordained
United Methodist minister.
"I discovered both of them were
wrong. You don't have to make a
choice."
Wilson, a former tribal chairman
who makes his home in Bremerton,
has written several books on Native
American theology and history. His
work includes Medicine Wheels,
Ancient Teachings for Modern Times
(published in 1994 by Crossroad
Publishing, New York, N.Y.), which
explores similarities between the
Indian practice of arranging stones
for spiritual guidance and biblical
theology.
"For me the medicine wheel and
Scriptures come together," he said. "I
find no contradictions."
In fact, he continued, the result of
melding the two is a "far more
powerful form of Christianity than
Cowlitz cont'd on 3
WINDOW ROCK, Ariz. (AP) _
A committee of the Navajo Nation
Council has subpoenaed tribal
President Albert Hale to answer
questions next week about his wife's
allegations that he had an affair with
an employee.
Monday's move by the
Intergovernmental Relations
Committee came less than a week after
Hale issued a statement asking the tribe
and its representatives to separate
political issues from personal ones while
giving him time to work out his
problems.
A few days earlier, Regina Pinto Hale
said her husband has ignored, neglected
and publicly humiliated her and their
11 -year-olddaughter since shortly after
Hale took office.
She said his security officers pushed
her to the ground when she tried to
confront Hale's formerpress secretary,
Valerie Taliman, who was with Hale at
the official residence.   •
Taliman now resides in Albuquerque,
N.M., where she could not be located
for comment Tuesday. Hale's wife and
daughter have moved out of the
presidential residence.
Larry Foster, chief council aide, said
that if Hale fails to appear before the
committee next Monday, he will be in
contempt of tribal law.
Hale was in Phoenix and could not be
reached for comment Gerri Harrison,
his spokeswoman, said Hale was
unaware ofthe subpoena and that the
committee's subpoena power may not
extend to the president
Several top-level tribal officials said
itwasthe first time thatatribal president
had been ordered to appear before
council members.
Ray Baldwin Lewis, the committee's
spokesman, said the committee acted
because council members "are being
approached continuously by members
of their home chapters and being asked
what they are going to do about Mr.
Hale's family matters."
The committee is made up of
chairmen and vice chairmen of other
council committees.
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