Native American Press / Ojibwe News (Bemidji, Minnesota), 2004-10-29

              INDEX
NEWS AROUND INDIAN COUNTRY 2
NEWS BRIEFS 3
COMMENTARY/EDITORIALS 4
CLASSIFIEDS 7
Leech Lake
Reservation
leadership
page 4
Public letter to Sally
Morrison, Maji-Equay-
whish from a member of
the Honor Guard
page 4
No Child Left Behind:
Word games may
fool people
page 4
Minnesota Gaming
Equity Act:
A prevention to
state intrusion
page 4
Governor
should study
before he
speaks
page 4
Minnesota Mdewakanton Coalition wins land status
case in Federal Claims Court
VOICE      OF      THE      PEOPLE
By Bill Lawrence
A decision made in the US
Court of Federal Claims has
tossed the current Shakopee
Mdewakanton Sioux Community
into uncertainty and finds the
federal government liable for the
actions of the Bureau of Indian
Affairs in misidentifying the
Shakopee Mdewakanton Sioux
as beneficiaries.   On October
28,2004, Federal Claims Judge
Charles F. Lettow filed a decision that granted judgment liability against the United States,
defendant in the case filed on
behalf of the Mdewakanton
Coalition. (Case # 03-2684L,
originally filed January 16, 2003.
Sheldon Peters Wolfchild, et al.,
v. the United States of America).
The suit claims the federal
government breached its fiduciary trust and broke its contract
with the legitimate heirs of the
Mdewakanton Sionx, i.e. those
individuals, and their heirs forever, named on a May 20, 1886
census. The decision of the
Federal Claims Court supports
this claim.   The legal documents
state 'This dispute concerns the
United States' management of
property originally provided for
the benefit of those Mdewakanton Sioux who were loyal to the
United States during the Sioux
Outbreak in Minnesota during
plaintiffs'. . . partial summary
judgment that (1) a trust was
created in connection with and
as a consequence of the 1888,
1889 and 1890 Appropriation
Acts for the benefit of the loyal
Mdewakanton and their lineal
descendants which trust included
land, improvements to land and
monies as the corpus; (2) such
trust was neither extinguished
nor terminated by the 1980 Act,
and (3) such trust was breached
COURT to page 4
1862."
According to the press release
entitled, Minnesota Mdewakanton Prevail in U. S. Court of
Federal Claims, and issued by
the law firm of Mohrman &
Kaardal of Minneapolis, "This
decision marks the first victory
in a long standing struggle by
the Minnesota Mdewakanton,
who seek to reclaim the name,
the land, and the rights that are
their inheritance. . ." It quotes
Judge Lettow, 'The Court grants
Minnesota Mdewakanton prevail in
U.S. Court of Federal Claims
Press Release
The United States Court of Federal Claims Judge
Charles F. Lettow filed a momentous decision today in
Sheldon Peters Wolfchild, et. al. v. LJnited States.  Judge
Lettow granted judgment on liability against the Linked
States. Judge Lettow stated, "The Court grants plaintiffs'
cross-motion for partial summary judgment that (1) a
trust was created in connection with and as a consequence of the 1888,1889 and 1890 Appropriation Acts
for the benefit of the loyal Mdewakanton and their lineal
descendants which trust included land, improvements to
land and monies as the corpus; (2) such trust was neither
extinguished nor terminated by the 1980 Act, and (3)
such trust was breached by the Lfaited States through actions taken in December 1980 and thereafter."
Judge Lettow found the United States hi breach of
Issues in Native Education:
Fetal Alcohol Syndrome
By Jean Pagano
Fetal Alcohol Syndrome
(FAS) is a condition that affects
individuals widi malformations
and disabilities resulting from
heavy drinking by the mother
during pregnancy. While FAS is
found in all racial populations in
die United States, the incidence
of FAS is higher dian average
among some Native populations.
According to die National
Organization on Fetal Alcohol Syndrome, "Fetal Alcohol
Spectrum Disorders (FASD) is
an umbrella term describing the
range of affects that can occur
in an individual whose mother
drank alcohol during pregnancy.
These effects may include physical, mental, behavioral and/or
learning disabilities with possible lifelong implications."
Two common misconceptions
about FAS is that it is the result
of the father drinking at the time
of conception, and that it results
from the mother drinking occasionally during pregnancy. Neither is true. FAS is the result of
heavy or binge drinking diroughout the term of the pregnancy.
FAS is the leading cause of
mental retardation in the United
States.
Fetal Alcohol Effects (FAE) is
a condition similar to FAS, yet
with less dramatic physical effects. While the physical characteristics of FAE may suggest less
of a handicap than FAS, there are
still significant developmental issues that affect these children.
Over forty percent of children born to mothers who drink
heavily during pregnancy will
be affected with FAS. Many
of the remaining children will
have FAE. What is lacking is
the understanding that when the
mother drinks, the fetus drinks.
Consequendy, when the mother
drinks heavily, so does the fetus.
Characteristics of both FAS
and FAE are low birth weights,
small head circumference, developmental delays, and lower IQ.
scores. Since the central nervous
system is involved, mental retardation and severe developmental
disabilities may occur. The easiest way to prevent FAS and FAE
is for mothers to abstain from
alcohol during pregnancy.
The worldwide incidence of
FAS is a little less than 2 births
per 1,000. FAS rates for some
southwestern Native populations are almost 10 per 1,000, or
roughly 5 times the general birth
rate. It has been suggested that
certain enzymes used to break
down alcohol in the liver are
missing or diminished in some
Native populations and this results in FAS rates that are higher
among some tribes than in others.
Children that are born with
FAS and FAE have more dif-
FAS to page 7
Leech Lake Tribal
Council certifies all
candidates filing
for Secretary/
Treasurer office
Cass Lake, Mn - At a Special Meeting October 26,
2004, the Leech Lake Tribal
Comicil certified all 15
candidates that filed for the
Secretary/Treasurer position
within the Leech Lake Tribal
Coimcil structure.
Candidates certified
include former Secretary/
Treasurer, Arthur "Archie"
LaRose, and Alfred 'Tig"
Pemberton, who in previous years held the seat of
Chairman for Leech Lake.
The motion to certify the
candidates including LaRose
and Pemberton was made by
District II Committeeman
Lyman "Dede" Losh and
seconded under protest by
District I Committeeman,
Burton "Luke" Wilson. It
was noted that an appeal has
been filed with the Leech
Lake Tribal Court concerning the Tribal Court's previous order requiring that the
Leech Lake Tribal Coimcil
certify LaRose. Also certified are Leech Lake Band
members, Jennie Wind
Reyes, Skip Lyons, Bonnie
Rock, Marilyn Bowstring,
Carol Jenkins, Bernice
Pemberton, Larry Hardy,
Don Headbird, Sr, Richard
Schulman, Ralph Schaaf,
Shennan Brown, Jr., Robert
Goggleye, Sr, and Genevieve Lowry.
This Special Election
provides for a December 7th
primary election. The two
top winning candidates from
the primary will advance to
the Special Election to be
held on February 15, 2005.
The winning candidate will
serve out die remainder of a
four year unexpired tenn for
the Leech Lake Secretary/
Treasurer position.
Bison roundup under way at
Theodore Roosevelt National Park
By Patricia Stockdill
Minot Daily News
MEDORA, N.D. - This is not
your ordinary catde roundup.
Tension exists, but it is held in
check.
So, too, are voices _ no loud
yelling, just normal conversational tones.
The scene is Theodore Roosevelt National Park North Unit,
south of Watford City.
The occasion is a bison roundup. It is not taken lighdy.
National Park Service personnel are dealing with a creature
described as the most ferocious
on the continent. A full-grown
bull weighs about 2,600 pounds
and stands 6 feet or more at the
shoulder.
Their ancestors have been
traced back some 400,000 years,
originating in southern Asia.
Each person has a job to do _
even if it means sticking one's
hands into the mouth of a bison
with an attitude, to estimate its
age by its teeth and take photo
documentation.
The 2004 bison roundup
marks the 11th in the north unit.
Twenty-six roundups have been
held over the past 42 years in
both units of the park. During
tiiat time, 2,625 bison have been
culled and sent to other national
parks, zoos, American Indian
tribes, state agencies and nonprofit organizations.
Park chief ranger Gary Kirami-
djian said about 225 bison will be
culled during this week's roundup. The animals will go to The
Nature Conservancy in North Dakota, the Oklahoma Modoc tribe,
a tribe near Spokane, Wash., die
Cheyenne River Sioux in South
Dakota, Spirit Lake tribe near
Devils Lake and the Lower Bnile
tribe in South Dakota.
The Three Affiliated Tribes
in New Town will not receive
any bison, Kiramidjian said. The
National Park Senice will enter
into discussions with the tribe in
2005, he said
Each animal receives an ear
tag and a hip tag. Its teeth are
photographed, a blood sample
is drawn for bnicellosis testing,
and hair and fecal samples are
collected. Many will also receive
a microchip, to help rangers and
biologists track the herd's overall
health and maintain healthy cow-
to-bull and age ratios. Blood and
hair samples allow for genetics
work and help deal with potential
disease issues.
Both park units have been
disease-free since the 1970s, Kiramidjian said.
Even so, onsite brucellosis testing is standard procedure. Fred
Jaszkowiak, who works with the
U.S. Department of Agriculture's
Animal and Plant Health Inspection Service in Bismarck, has
been testing at the roundup for
27 years. Onsite testing is much
easier on animals and humans
alike, he said.
vvThe ones (bison) we're doing
in the morning, they can be on
the road later in the day," he said.
vTt works out good all the way
around for everybody."
Results are available in less
than half an hour.
Jaszkowiak is confident the animals will test negative again this
year, as generations before them
have. Each blood sample test is
repeated in the APHIS laboratory
in Bismarck.
It takes die lone helicopter
from the El Aero company of
Elko, Nev, about two hours to
move die bison from their range
elsewhere in the park to the
roundup facility, Kiramidjian
said.
But die bison dictate the pace.
Sometimes it can take as long
as four hours, he said, if the bison
decide that they want to walk
along at a leisurely stroll.
Other times, the herd takes off
on a dead nm and then the helicopter will actually set down and
let the animals rest. vvOn those
long runs, you have to break
(rest)," Kiramidjian said.
The animals are herded to a
holding pasture until crews are
ready for them to move into a
BISON to page 6
web page: www.press-on.net
Metne
Americsn
Press
We Support Equal Opportunity For All People
A weekly publication.  Copyright, Native American Press, 2004
Founded in 1988
Volume 17 Issue 20
October 29, 2004
Minnesota Mdewakanton Coalition members attending press conference 4th from left is spiritual
leader Trulo Columbus; in center (with white shirt) is Sheldon Peters Wolfchild, named plaintiff in
the case; Winifred Freezor, Mother of Barbara Buttes is pictured next to Wolfchild.
Report: State's take could be half of casinos9 profits
Associated Press
ST. PAUL - Although
Minnesota's Indian casinos
don't open their financial
books to the public, the
Star Tribune of Minneapolis reports that Gov. Tim
Pawlenty's demand for
$350 million annually could
amount to half of the casinos' profits.
Pawlenty has said the casinos risk competition from
Las Vegas if they don't pay
up.
The newspaper cited
various estimates Sunday
suggesting that casino revenues total $1 billion a year
or more after prize money
is paid out but before expenses are paid.
A 2003 report by the
Federal Reserve Bank estimated 2000 revenues of Indian casinos at $850 million
to $900 million. The Minnesota Lottery in September
said revenue estimates have
ranged from $1 billion to $2
billion.
John McCarthy, director
of the Minnesota Indian
Gaming Association, acknowledged that the annual
figure could be about $1
billion.
The $350 million that
Pawlenty seeks could represent anywhere from 50 percent to nearly 90 percent of
total casino profits after expenses are paid, depending
how they're defined, McCarthy
said.
Tribal casinos typically get 80
to 90 percent of their revenue
from slot machines, dwarfing
the take from blackjack, according to Wilham Thompson, a
professor of public administration at the University of Nevada-Las Vegas and an expert
on the gambling industry.
Thompson told the Star
Tribune on Friday that there
is plenty ofxvhocus-pocus"
involving estimates of total wagering in tribal casinos.
Minnesota's 18 casinos range
from remote operations-patronized by Indians and other local
residents to Vegas-sized businesses. Half of all of the slot
machines in the state are located
in four casinos — Mystic Lake,
Grand Casino Hinckley, Grand
Casino Mille Lacs, near Onam-
ia, and Black Bear in Carlton.
Although most casinos pay
litde or none of their profits
direcdy to Indians, Mystic
Lake, the state's largest casino,
has made large payments to
members of the Shakopee Mdewakanton Dakota tribe.
Mystic Lake shares much
of its profits with an estimated
190 adult members of its tribe
in Prior Lake. Many of diem
have used the money over the
years to buy large houses, motor
homes, sport-utility vehicles and
watercraft.
Since 1994, when former
tribal chainnan and casino man
ager Leonard Prescott, in the
midst of a tribal dispute, said the
tribe earned $97 million in one
year-, the Shakopee Indians have
largely been mum about dieir
finances.
In 1994, individual tribal
members were each making
$400,000 per year. By 2000, the
annual profit-sharing had grown
to more than $900,000 per
member, some members told die
newspaper.
Shakopee tribal spokesman William Hardacker has
denounced Pawlenty's call for
$350 million, saying the tribe already gives money to smround-
ing communities. Hardacker
said die tribe has given $42
million in die past seven years
to charities diat help Indians and
non-Indians, and $1 million a
year to local governments in lieu
of taxes.   v " Shakopee i s doing a
lot with its revenue to help other
tribes," he said.
Pawlenty, however, wants to
see the numbers.
vvThe tribes disagree with us
about how much money their
casinos are bringing in," he
said. vvThis disagreement could
easily be put to rest if the tribes
open dieir books."
Shakopee members account
for fewer than 1 percent of Indians who live on or near Minnesota reservations. Most casinos
do not share profits direcdy with
tribal members, and on some
reservations many Indians live
at or near die poverty level.
Judge lifts
restraining
order on Turtle
Mountain
election results
Associated Press
BELCOURT, N.D. -A
judge has paved the way
for the leading vote-getter
for chairman in the Turtle
Mountain Band of Chippewa
primary election to be on the
ballot in November despite a
misdemeanor conviction.
Tribal Judge Shirley Cain
on Monday lifted a restraining order that had stopped
the tribal secretary from
certifying the results of the
Oct. 19 primary. Tribal communications coordinator
Scott Belgarde released the
official results Tuesday.
Former tribal council-
ORDER to page 4
Minneapolis caregiver has won
trust of urban Indian elders
By Nancy Kelsey
Star Tribune
MINNEAPOLIS - To some
American Indian elders, Lynn
Powers seemed like an unlikely
advocate. It was hard for diem
to believe diat this fair-skinned
blond woman was Indian, too.
It didn't take long for them
to realize you can't judge Lynn
Powers by looks.
Powers is die home care worker for the Minneapolis American
Indian Center's senior program.
She knocks on doors and makes
phone calls. In the first two years
of her six-year grant, she has persuaded about 50 older Indians to
sign up for home care senrces.
For Powers, 36, those services
go well beyond the job description she reads aloud: vTaundry
... dishes ... grocery shopping
... advocating." Powers added
advocating to the list. She both
advocates for Indian elders and
to them, when they need medical
care.
Powers has made a big difference for people like Jeannette
Banks, 72.
vv People just seem to forget
about you when you're older.
They figure if you don't call,
you're fine," Banks said. vvBut
a lot of elders don't want to impose on relatives ... and a lot of
Indians don't tnist."
vxWe need people like
Casper," she said.
Casper?
Thanks to a great-aunt, just
about everyone calls her Casper
_ like the cartoon friendly ghost.
V^I was die only light-looking
one in my family," she said.
For an Ojibwe who looks
white, acceptance has always
come hard, she said. She was
TRUST to page 4