Native American Press / Ojibwe News (Bemidji, Minnesota), 2004-06-18

              INDEX
NEWS AROUND INDIAN COUNTRY 2
NEWS BRIEFS 3
COMMENTARY/EDITORIALS 4
CLASSIFIEDS 7
Casino manager
appars in court
gambling charges
page 5
Canoe trail from New York
to Maine takes travelers
back in time
page 3
Tide of Indian gambling
begin to turn
page 4
Ducker Stately's
answers to
questionnaire
page 4
Elections are
over
page 4
Minnesota Mdewakanton Coalition installs officers
Hearing on land recovery claim to be Iieard in US Court of Federal Claims June 24
VOICE      OF      THE      PEOPLE
By Bill Lawrence
At a ceremony on June 15,
held at the Minnesota Judicial
Center in Si. Paul, Barbara
Buttes was installed as Chairman
of die Mdewakanton Coalition;
Ronald Leitli was installed as
Vice Chair; Angela Christian and
Elizabeth Campbell were respectively installed as Treasurer and
Secretary. The new officers were
elected to four-year terms at a
Coalition Convention in Granite
Falls, Minnesota on May 22.
The Coalition is composed
of persons who claim they are
lineal descendants of the Mdewakanton peoples who are listed
on die May 20, 1886 census. The
census, prepared by the Federal
Government, list individuals who
are eligible to occupy die land
purchased for die Minnesota
Mdewakanton by Congressional
Acts of 1886,1889, and 1890.
The Coalition has filed a law suit
against die federal government
The suit, Sheldon Peter Wolf-
child, el al.,v. The United States
of America (case number 03-
2684L, originally filed 1/16/03),
claims die US Government
breached its fiduciary trust, mismanaged Indian lands and broke
its contract widi die Mdewakanton Sioux.  Approximately 300
Mdewakantan have signed as
Plaintiffs. Coalition members,
currendy numbering approximately 1000, assert that the lands
were purchased for the exclusive
use of the Mdewakanton and
their heirs.
Chairman Buttes told Press/On
diat a heaiing will be held at 1:
00 o'clock June 24, 2004, in
Washington D.C., before die
Honorable Charles F. Lettow at
the L'S Court of Federal Claims.
The heaiing is to request a partial
summary judgment, claiming
that "die United States has failed
to present a genuine issue of material fact as to their [plaintiffs']
claim."
In its response, Government's
Motion to Dismiss, the Government denies it had a fiduciary responsibility to the plaintiffs and
asks for dismissal, claiming dial
in "1980, Congress placed the
lands at issue in trust for diree
Indian Communities in Minnesota [the Shakopee Mdewakanton Sioux, the Lower Sioux and
the Prairie Island Sioux] and, in
doing so, transferred whatever
interest Plaintiffs may have had
in the lands at issue to the three
tribal Communities... .The United States therefore had no fiduciary duty to the Plaintiffs when
the alleged breach of fiduciary
duty and of contract occurred in
the'1990s and 2000s'."
The plaintiffs claim the Government is wrong in concluding
that "the plaintiffs are [not] trust
beneficiaries... of any arrangement widi the United States."
Plaintiffs claim "statutory history makes clear that trust and
contractual arrangements exist
and have been breached by die
United States. Under [die] law,
those breaches can, and should,
be compensated by die award of
money damages."
In a brief prepared for die June
hearing, die plaintiffs assert that
"die so-called 1886 lands were
COALITION to page 5
LaRose challenges constitutionality of Leech Lake
court order barring access to financial records
By Jeff Armstrong
On die heels of last week's
elections, Leech Lake RBC
members led by Luke Wilson
obtained a uibal court order
purporting to restrict secretary
treasurer Archie LaRose from
exercising his duties of office
and instituted what one reservation employee termed a "reign of
tenor"against perceived allies
of LaRose and fonner chairman
Pete White.
Tribal attorney Frank Bibeau,
controller Melvin Baird, court
advocate Roxanne LaRose and
at least eight other Leech Lake
employees were tenninated or
laid off on die strength of Anita
Fineday's June 10 ruling, which
ordered secretary treasurer
LaRose to turn over all financial
records in his possession and
granted exclusive access to such
documents to the district representatives.
Saying the ruling will serve
only to compound die stress and
confusion faced by Leech Lake
employees in die midst of political chaos, LaRose vowed to personally review cases of arbitrary
dismissals.
"I will support every employee on diis reservation if diey
wrongfully tenninated by diese
diree district reps," said LaRose.
The secretary treasurer described the court heaiing as a
blatandy unconstitutional act
by a less-than-impartial judge.
Aside from the fact diat he was
neither notified of the hearing
nor allowed to testify, LaRose
charged that the niling was part
of an unprecedented RBC power
grab facilitated by an alleged
sister-in-law of fonner chairman
Eli Hunt.
"[Fineday] made diis ruling on
hearsay. They had no documentation or evidence whatsoever
for her to make diis mling. So
I'm very surprised mid shocked
diat she even niled in dieir
favor, but politically I know
why," LaRose said. "TTer niling
is unconstitutional. She has no
authority for what she wrote. It's
violating my rights as an RBC
elected official. Only die people
can take diat away from me."
Norman Deschampe, president
of die MCT Tribal Executive
Committee, issued a June 15
memo questioning die legality of
the Leech Lake court order. Deschampe had previously objected
to an assertion by LaRose and
White of emergency executive
powers in die long-running political dispute.
"On Febmary 11,2004,1
wrote to Chairman White and
Secretary-Treasurer LaRose expressing my concerns diat diey
had taken action diat appeared
to divest an elected District
Representative of his rights and
privileges as an elected official
without going through die con-
stinitional removal process,"
Deschampe wrote. "My concern
is die same as diat expressed in
my February letter. That is, diere
is a process to deprive elected
officials of dieir duties and it
should be followed. T understand 4
the concerns that led the District    *
Representatives to petition die
Court for relief, but I am sure
you can establish a means to allow the Secretary-Treasurer to
do his job as set out in die Bylaws wliile ensuring die integrity
LAROSE to page 5
Leech Lake attorney falls victim to 'Black Thursday'
purge
By Jeff Armstrong
Attorney Frank Bibeau had litde inkling that June 10 would be
his last day as Leech Lake tribal
counsel, but he was destined
to become the first victim of
what became known as "Black
Thursday,"a political rettibution
against employees perceived
to be on the wrong side of the
reservation's political dispute.
Bolstered by an "emergency
ex parte order"issued after a
hasty hearing diat day, district
representatives Luke Wilson,
Lyman Losh, Rich Robinson and
die latter's replacement, Mick
Finn, marched to die reservation
law office widi two uibal police
officers and Bibeau's replacement, Beltrami County prosecutor Mike Garbow.
Although Anita Fineday's
court order addressed only RBC
access to financial documents,
the disUict representatives attempted to use it as a basis for
a political purge of Leech Lake
employees. Calling die incident
itself and the RBC's interpretation of die niling "excessive,"
Bibeau said Wilson seized a
notebook belonging to a friend of
die attorney, the only item taken
by the group.
Bibeau compared die incident
to an unconstitutional search and
seizure, pointing to die absence
of a warrant.
"I looked at the court niling
and die police really shouldn't
have been involved at all,"Bibeau said. "It was weird. I think
the police were kind of shook up
about being used like diis."
He also questioned the legitimacy and necessity of the niling,
tenning it "suspect."
"I wonder if it was a trae
emergency. It was two days after
the election, and die only person
to testify was Luke (Wilson). All
he offered was hearsay evidence
that he had overheard. I diink
within a two day period they
should have had a written affi
davit or an actual witness," said
Bibeau.
Furthermore, by granting sole
access to the district representatives, Bibeau said, die court may
have inadvertently cast suspicion
upon die petitioners.
"If I was going to make sure
diat somediing is going to be
safe, I would want diem locked,
rather dian allowing only one
party access. How can diey legally start running tilings over
die head of the secretary treasurer? They not only usurped
his constitutional office, but are
actually impeding him from
perfonning his duties. That's not
status quo-diat's breaking the
chain of custody,"Bibeau said.
Bibeau said the mass firings
can only exacerbate tensions on
die reservation.
"I don't understand the political firings. I diink it's very
intimidating to everyone diat
PURGE to page 5
Certain cuts in FY 2005 budget reversed:
More money allocated to Native programs
By Jean Pagano
Last week, the U.S House of
Representatives Appropriations
Committee reversed cuts to
Indian programs in the Department of Interior (DOI) FY2005
budget. The reversals of several
key funding cuts to Native programs was a step in die right direction, despite a FY2005 budget that is $300 million less than
die FY2004 enacted budget.
The recommended FY2005
budget of $19.5 billion is $200
million under the amount requested by die White House for
Interior. Funding for die Bureau
of Indian Affairs (BIA) increases by $34 million over FY2004
levels and is $81 million higher
that the White House request.
The Indian Health Service budget allotment also grew to $3
billion, an increase of $112 million over FY2004 and $66 million over die requested amount.
The amount of money requested
by the Bush Administration had
been loudly criticized by Native
leaders as well as members of
Congress, most notably, Senate
Minority Leader Tom Daschle
(D-SD).
The recommended budget
also provides $238 for Indian
Trust reform, $29 million more
than FY2004. This amount,
wliile greater than last year's
appropriation, is $84 million
less than the Bush administration request. Indian school,
hospital, and clinic constniction
is funded at $394 million. The
Administration's budget request
called for a $66 million cut in
the constniction programs. The
House Appropriations Committee restored diese cuts to last
year's level.
Odier increases in the budget
applied to the BIA Operation of
Indian programs, at $1.9 billion,
an increase of $42 million over
last year's amount. $645 million
is slated for BIA education, $4
million more dial FY2004.
Along widi the increases in
some programs came decreases
iii odier places. The Office of
the Special Trastee (OST), chartered with providing a historical
account for Individual Indian
Money accounts, saw its budget
allocation fall from a requested
$109 million to $58 million. Increases to die Indian Land Consolidation Project, were pared
back $28 million leaving a $42
million figure.
The protocol used to determine budget allocation is diat
a fiscal year (FY) allotment is
funded by die Appropriation
Committees of both houses of
Congress. The following year's
requested budget is submitted
by the White House to Congress as a wish list of what the
Administration wants to have
addressed in the coming fiscal
year. The House and Senate Appropriation Committees must
dien agree on a budget before
die amount is actually funded.
Each conunitteejias the ability
to alter funding levels if diey
see fit.
web page: www.press-on.net
Native
American
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Founded in 1988
Volume 17 Issue 2
June 18,2004
Monument to Sacajawea in tribute to her plight as a young woman and other enduring
Spirit as a guide for the Corp of Discovery. The statue is located near Tendoy, Idaho
where Meriwether Lewis met the Shoshone, Sacajawea's people.
Vizenor is ready for challenge
as White Earth tribal chair
By Paul Levy
Star Tribune
PINE POINT, Minn. (AP)
- A montii ago, Erma Vizenor was desperate. She talked about selling her house,
accepting a professor's
position at die University
of Wisconsin-Superior and
leaving her beloved White
Earth Reservation, possibly
for good.
"I have a Ph.D. from Harvard, two master's degrees
and I can't get a job around
here at all," Vizenor said
dien. "Politically, I'm blacklisted. Yet I feel I have so
much to offer."
Vizenor no longer need
worry about employment.
On Tuesday, die logger's
daughter widi die Ivy
League pedigree became
what's believed to be die
first woman elected tribal chair
of Minnesota's largest Chippewa
reservation.
pite her lopsided victory over
longtime nemesis Dairell (Chip)
Wadena, Vizenor acknowledges
diat her political roller-coaster
ride is about to encounter bumps
and curves unlike ;my she's experienced in more than 25 years
of public service.
Vizenor won decisively, taking
59.4 percent of die votes. But it
was strong support of absentee
voters (879 for Vizenor, 176 for
Wadena) and from off-reservation districts in Minneapolis
and Cass Lake diat secured her
victory. Among ballots cast on
the reservation itself, Wadena,
who served nearly diree years in
federal prison after his 1996 conviction for bid-rigging and other
VIZENOR to page 3
Governor, tribes
close to $1 billion
gambling
agreement
By TomHomeau
Associated Press
SACRAMENTO - Gov. Arnold Schvviuzenegger and Indian
gambling tribes are close to
completing a much anticipated
agreement that could provide die
state $1 billion in new revenue
diis year.
Schwarzenegger said Tuesday
die agreement is imminent between four tribes, and he expects
several odiers will join soon.
Although he declined to provide
further details, legislative sources familial" with the negotiations
say die arrangement calls for die
tribes to put up an initial cash
contribution lo the state that will
GAMBLING to page 5
AIM activist
to be buried
in native Nova
Scotia Monday
By Carson Walker
Associated Press
SIOUX FALLS, S.D.-
Friends and family of
American Indian Movement
activist Anna Mae Pictou
Aquash plan to bun her
Monday in her native Nova
Scotia as part of a weekend
of activities designed to remember her.
"It is painful but it's not
a fresh pain," said Denise
Maloney, one of Aquash's
two daughters. "It's an uncomfortable pain. And it's
a bit resentful because we
have had to deal with it for
AQUASH to page 5
Anderson defends decision to
recuse himself from gambling issues
Associated Press
WASHINGTON - Dave Anderson, die new leader of die
Bureau of Indian Affairs, said
critics of his decision to recuse
himself from all gambling issues
don't understand why he took
die job.
Some senators have suggested
that \nderson, of 1 idina, .\ linn.,
should resign if he's not willing
to decide on gambling issues,
which are among the most high-
profile tilings die BIA does.
.Anderson, known lias "Famous Dave" alter his chain of
barbecue restaurants, told die
Star Tribune of .\ linneapolis diat
diere are more important things
for him to focus on.
"I need to prioritize my time
to the benefit of the greatest
number of tribes," said Anderson, a Choctaw and Ojibwe
Indian. "If all you needed was
someone to promote Indian gaming, dien you didn't need Dave
Anderson."
He cited promoting self-help,
economic development, health
and education on die nation's
Indian reservations.
In April, Anderson asked Interior Secretary Gale Norton to
be excused from any decisions
involving gaming, citing the appearance of conflict of interest.
His only direct potential conflict is the BIA's consideration
of die Nipniuc Nation, a New
England group currendy seeking tribal recognition in order lo
open a casino. One of the outside
investors in die group, which
expects a decision by Tuesday, is
a fonner business partner, gam-
ANDERSON to page 5