Native American Press / Ojibwe News (Bemidji, Minnesota), 2004-11-26

              INDEX
NEWS AROUND INDIAN COUNTRY 2
NEWS BRIEFS 3
COMMENTARY/EDITORIALS 4
CLASSIFIEDS 7
Trump to revivie
casinos with
bankruptcy filing
page 6
World renowned
ethnomusicologist to
lecture on Native American
music at U of M
page 5
Where are
we headed?
page 4
Leech Lake Band
members mislead
-again
page 4
Indian
perspectives on
Thanksgiving:
Should we be
thankful?
page 4
Congress appropriates $5.5 billion for Indian programs
Bill includes crime statistics reporting to Congress
VOICE      OF      THE      PEOPLE
By Bill Lawrence
Passage by both tire U.S.
House and Senate of a $388 billion omnibus bill contains better than $5.5 billion for Indian
programs. The Bureau of Indian
Affairs (BIA) was allocated $2.3
billion. The Office of Special
Trustee (OST) was allocated
$232 million and $3 billion
was appropriated for the Indian
Health Senice (IHS).
The House voted 344 to 51
for passage.  The bill included
appropriations for 13 federal departments and hundreds of agencies as well.
In the Senate the bill ran into
trouble but passed alter Senate Leaders agreed it could not
be sent to President Bush for
signature until a controversial
provision relating to tax returns
was repealed. That action is expected to happen this week.
Many program cuts proposed
by the Executive Branch were
restored and some categories of
fimding were increased.
I lighlights of the BIA appropriation are as follows:
* $780 million for tribal
priority allocations ($5 million
over the President's budget and
$10 million over current levels).
Congress restored cuts to contract support costs and welfare
assistance but not to education
under this line item.
* S579 million for operation
of BIA schools ($11 million over
the Executive budget request and
$9 million over current levels.)
* $ 182 million for public
safety and justice, $10 million
above current levels as requested
by the Executive budget.
* $3.5 million for the United
Tribes Technical College in
North Dakota and $ 1.75 million
for Crownpoint Instimte of Technology in New Mexico. For the
third year- the Administration had
not requested funds for these two
institutions.
*S267 million for new BIA
school construction. This amounts
to $38 million over die Executive
budget request, but is still $28 million less than current levels.
Indian Health Sen ice:
* $1.3 billion for hospital and
health clinic programs, $57 million over current levels ($12 million over the President's request).
* $487 for contract care,
($8 million over the Executive
budget request). These fimds are
used by tribes to purchase scr
vices from non-HIS providers.
* Clinical senices will receive $2.1 billion, $95 million
over last year's appropriation.
* $394 million for facilities
($40 million more than the Executive budget proposal)
The bill provides $196 million
for trust reform progrmns for the
OST. This amounts to $51 million
below the White House's request
but $9 million over current levels.
Only $58 million of the allocation
can be used for historical accounting activities. The Indian land
consolidation program was cut to
$35 million. The President had
requested $70 million.
The bill provides $6 million to
the Institute of American Arts in
New Mexico ($ 173,000 less than
current levels); $32 million to
cover salaries and expenses for
the National Museum of American Indians. It also gives $44
million for tribal land and water
claim setdements.
The omnibus bill contains a
provision requiring the federal
government to give Congress periodic reports on crime in Indian
Country. It directs the Department of Justice (DOJ) to give
quarterly reports on reduction in
murder, domestic violence, cliild
abuse and other violent crimes
committed against Native Ameri
cans and .Alaska natives that the
Department has facilitated.
Because of the very high     *
incidence of crime on resen'ation, Congress, for the first time,
has asked for this information.
The DOJ reports that "Native
men and women are more than
twice as likely to be victimized
than any odier racial and ethnic
group." Native youth are also
"more likely to be victims of
rapes, assaults, shootings, beatings and related crimes dian their
counterparts."
Although violent crime rates
for the rest of the country have
dropped, Indian Country continues to see increased crime
rates. To deal with this issue,
lawmakers have earmarked $2.7
million and added 27 positions
to the FBI's Indian Country unit.
The money is allocated for die
express purpose of investigating
"violent crimes against Native
Americans, gang violence and
crimes related to Indian gaming."
In odier provisions of the omnibus bill, Congress provided
$7.55 million for DOJ to establish a liaison office to help Native communities "identify and
address dieir needs in order to
develop a conununity response
for die elimination of domestic
violence [against Native American women. 1
It's anticipated that diis topic
will gain in importance in 2005
with the renewal of die Violence
Against Women Act. Statistics
indicate that nearly 1/3 of all
American Indian and Alaska Native women will be victims of
sexual assault during dieir life-   .
times. This is die highest rate of
any racial or ethnic group.
Note: This article depends heavily on information presented in
two separate articles reported at
Indianz.Com
Northern Arapaho Tribe win appeal to offer
Class III gaming
By Bill Lawrence
The Northern Arapaho Tribe
of Wyoming received a favorable niling Tuesday November
23,2004, from the 10th Circuit
Court of Appeals. The Appeals
Court decision mled diat the
State of Wyoming had not negotiated in good faidi when die
state excluded slot machines,
card games and other Class III
games from a proposed compact.
Since Wyoming does not specifically prohibit such games under
current law, they must, therefore,
comply with die Indian Gaming
Regulatory Act and allow the
tribe to offer such games. Judge
Stephanie K. Seymour, writing
for die majority, said, "when a
state wholly fails to negotiate, it
obviously cannot meet its burden
of proof to show that it negotiated in good faith."
According to die decision,
"The IGRA explicidy states diat
'Indian Uibes have die exclusive
right to regulate gaming activity
on Indian lands if die gaming activity is not specifically prohibited by Federal law and is conducted widiin a state which does
not, as a matter of criminal law
and public policy, prohibit such
gaming activity.' .. .Accordingly,
die primary issue in diis case is
whether 'such gaming activity'
in which the Northern Arapaho
Tribe wishes to engage [in] is
'prohibited' or merely regulated
by die state of Wyoming."
The 3-judge panel obsened
diat Wyoming state law permits
"a nearly unlimited variety of
gaming, albeit only for social or
non-profit purposes."
The ruling is seen as favorable
to die tribe's current constniction
of a new $10.3 million, 30,000
square-foot casino on the Wind
River Resenation, located in
die west central part of the state.
The ability to offer Class III
games is seen as an opportunity
to expand their already lucrative net gaming revenue. The
casino completion date is set for
September 2005. The tribe anticipates die creation of 100 plus
jobs widi a $5 million payroll.
Both the Northern Arapaho and
the Eastern Shoshone live on the
Wind River Resenation.
In the Wyoming case, die 10th
Circuit Appeals Court refrained
from making a decision based on
existing Wiscousin and Florida    k,
standards, aldiough die lower
court "specifically adopted the
'Florida' or 'game-specific' approach. "  The Appeals Court
stated, "The district court erred"
in its conclusion.
Judge Seymour's opinion pointed out diat the Uibe is entitled to
a compact under eidier scenario.
"We need not decide whether to
follow the Wisconsin or Florida
analysis regarding the scope of
gaming under the IGRA because
we conclude diat Wyoming must
negotiate widi the Tribe under
either approach regarding the
full gamut of 'any game, wager
or transaction,'"
The niling continued, "It is
clear under Wyoming law that
the state regulates, radier than
prohibits," various types of
gambling. "The state is therefore clearly required to conduct
negotiations with die Tribe
concerning the full gamut of. . .
wagering."
Navajo chapters object to idea
tribe would own their casinos
Associated Press
WINDOW ROCK, Ariz. -
Navajo council delegates from
chapters that want to open casinos are objecting to assertions
that die Navajo Nation would
own the casinos rather dian die
individual chapters diat put them
in.
Delegates from Shiprock,
Hogback and To'Hajiilee criticized statements by tribal Controller Mark Grant, Cliief Legislative Counsel Ray Etcitty and
the justice division's Danielle
Her Many Horses that the tribe
would own and operate die businesses.
Delegates attending a two-day
sUidy session last week repeatedly expressed dissatisfaction
widi tribal officials' interpretation of die tennvvNavajo Nation" as excluding die chapters,
the local government divisions
of die tribe.
Chapters pursuing casinos are
To'Hajiilee about 25 miles west
of Albuquerque, Shiprock and
Hogback west of Farmington,
Manuelito near Gallup, Nahata
Dziil in Arizona on Interstate 40
between Gallup and Holbrook,
Ariz., and Leupp, whose Twin
Arrows at Canyon Diablo would
be just east of Flagstaff, Ariz.
Delegate Lawrence Platero
said die To'Hajiilee Chapter believes it can open a casino on its
land in 2006 if the tribal government doesn't create problems.
And Lorenzo Curley, who represents Houck, Lupton and Nahata
Dzid, said Nahata Dziil is only
waiting for the appointment of a
tribal gambling executive director.
Ken Billingsley of the National Indian Gaining Commission's
Phoenix office and Her Many
Horses recommended Thursday
diat the tribe replace die proposed executive director of the
Navajo Nation Gaining Regulatory Office widi a nonpolitical
commission. That change would
have to be approved by die Indian gaining commission.
Navajo President Joe Shirley
Jr. has sent die requirements
for die job to die tribe's personnel department to advertise for
candidates. The post requires a
bachelor's degree and six years'
experience.
The four-year contract must be
approved by die council.
HAPPY THANKSGIVING
from Ojibwe news/Native
american press
Whiteclay
liquor license
application
withdrawn
Associated Press
RUSHVILLE, Neb. - A liquor
license application for a beer
store in die border vdlage of
Whiteclay was wididrawn Monday.
The Sheridan County Board
of Commissioners was preparing
to vote on approving die license
when Thomas Bernard of Chad-
ron said he was wididrawing his
application.
Bernard cited a court ruling
last week in which a judge said
the son of a one-time Whiteclay
beer store owner should have
been granted a liquor license to
nm die family business.
Bernard had said that he
should be allowed to open the
store since there had been four
licenses to sell beer in Whiteclay before one was canceled in
March.
But last week, Lancaster
Comity District Judge Jeffre
Cheiivront overnrnied a decision
of the Nebraska Liquor Control
Commission denying Jason
Schwarting's application for a
license to sell beer from the Arrow head Inn. Schwarting's store
would be die fourth in Whiteclay,
which is located near die Pine
Ridge Indian Resenation in
WHITECLAY to page 3
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A weekly publication.  Copyright, Native American Press, 2004
Founded in 1988
Volume 17 Issue 24
November 26, 2004
AP Photo/Times Record, Kaia Larsen
Cherokee Indian Dr. Tamara Walkingstick, extension forester with the University of Arkansas,
presents a brief overview of Cherokee history, culture and the Oklahoma Cherokee Friday Nov.
19, 2004, at the Fort Smith Public Library program "Food for Thought." The audience was introduced to a few traditional and a non-traditional wild foods including acorn nut bread, poke salet
dip, and sweet goldenrod tea.)
Some American Indians say no thanks
to Thanksgiving
By Ruth Morris
Sun-Sentinel.com
While die rest of the
country dines on utrkey,
Moonanum James will be
asking Americans to feast
their ears on this: The first
Thanksgiving meal was not
chummy, but tense. The
participants probably did
not eat turkey, but venison.
The interculmral relations
diat followed were not
rose-tinted, but bloodstained.
'We want to debunk the
myth diat after everyone
sat down in 1621, diey all
lived happily ever after,"
said James, an American
Indian activist from die
Wampanoag tribe, which
first broke bread widi die
setders who arrived on die
rocky and hostile coast of
Plymoudi, Mass. 'We did not
benefit from the Pilgrims one
iota," he said. Thanksgiving "is
a reminder of what we lost."
James' approach reflects concerns many American Indians
share. Even as they celebrate
Thanksgiving, many say die
historical account underpinning
the holiday is skewed and disrespectful. Some see that first
meal as "the beginning of the
end," kicking off an era of disease and land seizures, deadi and
displacement, for tiieir ancestors.
Locally, Seminole Indians
said they look forward to feasting widi friends and family, but
several questioned die story
diey were taught at school — one
of happy Indians welcoming
friendly settlers, red-cheeked
and grateful.
"Indians are popular around
Thanksgiving and Cohunbus
Day," said Max Osceola, council representative for Florida's
3,000 Seminole Indians. Sitting
in die cavernous Hard Rock
Hotel and Casino on the tribe's
Hollywood reservation, he said
Thanksgiving did not evoke
any resentment for him, but he
said it did merit examination.
"The [historyl books are
written by die ones who had
the strongest military," he said,
hi a reference to die clashes
between Indians and setders
diat followed die first Thanksgiving, he added, "If die white
man won, it was a military
victory. If die Native American
won, it was a massacre."
Seminoles are predominanUy
Christian and have fallen naturally into a holiday with Christian overtones, as underscored
NO THANKS to page 5
Coos tribes to
pay $12,000 for
43 acres on
waterfront
Associated Press
COOS BAY, Ore.-Alawsuit over a prime parcel of waterfront real estate has ended
in a bargain for the Confederated Tribes of Coos, Lower
LTmpqua and Siuslaw Indians.
The tribes will pay $12,000
to take over 43 acres at Coos
Head after die US. General
Senices Administration announced Monday it has reconsidered a 2003 decision
against handing over die property.
The tribes had been considering die site near Charleston
for more dian a decade after
learning of die Air National
Guard's plans to abandon the
property.
When a federal agency
leaves a property, it is first
declaredvxexcess" by the
government. First preference
for federal land goes to odier
COOS to page 5
Historical society t6 display rare
treaty with Sioux
Associated Press
ST. PAUL, Minn. - A significant 1858 treaty between die
LTnited States and die Yankton
Sioux has been acquired by die
Minnesota Historical Society
and will go on display here.
The treaty, handwritten in
feather pen and ink and signed
by white and Indian leaders,
is one of two or diree original
copies of die 1858 agreement. A
private collector in Canada had
owned it.
xxThis extraordinary document is die rarest item I've come
across in die almost 30 years
I've been with die Historical Society," Patrick Coleman, acquisitions librarian, said Wednesday.
The treaty called for the Indians to cede more dian 11 million
acres of land known as die Yankton Delta, between the Big Sioux
and Missouri rivers, in exchange
for a 430,000-acre reservation.
The land the Indians gave up is
what is now generally South Dakota, aldiough at the time of the
signing, just before Minnesota
became a state, it was part of
Minnesota Territory.
Hie Yankton were to receive
services or Sl.6 million in annuities, paid over 50 years. They
actually received litde. A treat)
provision gave die government
a loophole; at the discretion of
the president, die money could
be withheld if die Indians did not
vvmake reasonable and satisfactory efforts lo advance and improve dieir condition."
Said Coleman: vTt was a no-
win situation for the Indians."
Yankton leaders spent five
months in Washington; D.C,
beginning in December 1857,
while the treaty was being negotiated. They refused to sign
until they were given the rights
to quarry the stone they long
considered sacred in Pipestone.
Those rights still exist.
The U.S. Senate ratified the
document on Feb. 16, 1859, and
it became official with the signaUire of President James Buchanan 10 days later. (The Historical
Society copy is not signed by the
president.)
SIOUX to page 5