Native American Press / Ojibwe News (Bemidji, Minnesota), 2005-01-28

              INDEX
NEWS AROUND INDIAN COUNTRY 2
NEWS BRIEFS 3
COMMENTARY/EDITORIALS 4
CLASSIFIEDS 7
Concerned
page 4
Minnesota Chippewa
Tribe should look at its
adoption policies
page 4
Governor proposes tribal licensing fee of $200 million
Bv Rill T awprniw nrtW oamhlinp related nmhlems     the casino slot machines and th<
Liars 'n' Thugs
page 4
A message to our people
Examples of Archie "Doing
His Job' while in office
page 4
The
Governor's
Plan
page 4
VOICE      OF      THE      PEOPLE
By Bill Lawerencd	
Governor Tim Pawlenty is
proposing that Minnesota Indian Tribes, widi an interest in
expanding their gaming operations into the Twin cities metro
area, pay a one time licensing
fee, beginning in 2006. The fees
would raise $200 million for tlie
state. The fee would be paid by
any tribe wishing to receive expanded gaming benefits such as
hve roulette, craps, keno, multi-
casino jackpots and pari-muniel
horse racing. Presumably all
eleven of the Minnesota tribes
could participate by simply paying the licensing fee. It's not
known what amount would be
due from any individual participating tribe.
Under this plan, participating tribes would build and
own a metro area (location
still undecided) casino but the
facility would be managed by
non-Indian operators. As a partner, the State would benefit by
sharing in a five-way revenue
split: the tribes, the State, an as
yet unformed Community Asset
Account, the community housing the casino and a program to
address and fund addiction and
odier gambling related problems.
Revenue channeled to die proposed Community Asset Account
could be spent on professional or
college sports facilities.
Estimates indicate die project
could raise $ 114 million a year
for tlie State beginning in 2008.
The governor maintains that the
existing gaming compacts do not
benefit either 85% of the Indian
population or the State. He said,
"Numerous other states have
reexamined their gaming agreements to ensure greater fairness,
and it's time for Minnesota to do
the same."
A plan already under consideration by the legislature would
allow the Red Lake, the Leech
Lake, the White Earth bands and
die State to build a casino in the
metropolitan area. The tribes
feel that such a tribal/state casino
would give them a share of the
lucrative metro gaming take.
Under the plan as it currendy
exists, horse racing interests
could compete to be the site for
the tribal/state casino. Canterbury Downs and a newly approved harness racing track in
Anoka County are die two com- ■
petitors. Tlie state would operate
the casino slot machines and the
Minnesota State Lottery would
oversee the operation. The Governor said "The Legislamre may
choose to approve bodi [my] proposal and a racino. The two ideas
don't conflict with one another."
These three tribes, described
as die largest and poorest of the
Minnesota tribes, have lobbied
for a tribal/state casino for the
past several legislative sessions.
Under the Governor's licensing
plan, they could move forward
with dieir plan, provided they
paid the license fee.  Governor
Pawlenty has given liis approval
lo die plan. Erma Vizenor,
Chairwoman of die White Earth
band, indicated she fell they had
a workable agreement widi die
Governor's office even diough
all die fine points have yet to be
decided.
The Minnesota Indian Gaming
Association MIGA) opposes any
state involvement in tribal casino
gambling and tiireatens legal action if tlie state proceeds with die
plan.
Brian McClung, Pawlenty's
press secretary, said the state
believes that since lottery games
PAWLENTY to page 3
Colon Cancer and Native Americans:
A Disease That Crosses Racial Boundaries
By Jean Pagano
It has often been reported that
colon cancer kills tens of thousands of Americans every year.
Colon cancer is the second leading cause of deadi with only lung
cancer claiming more victims.
While it is commonly thought
that colon cancer affects non-Native Americans more than any
other population group, it also
affects Native Americans.
Colon cancer mortality rates
among Americans in general equate to 16.9 deaths per
100,000 people. The rate for
men is slightly higher at 20.2
deaths per 100,000 wliile the
rate for women is lower at 14.4
per 100,000. Native mortality
rates are lower overall with 13.9
deadis per 100,000 for both sexes, 15.6 per 100,000 for Native
men, and 12.0 for Native women. This is an average for Natives across America. The Indian
Health Service (HIS) has divided
the United States into 5 geographic zones and the statistics
for Native Americans is reported
relative to those divisions. The
zones are Alaska, East, Northern Plains, Pacific Coast, and
Soudiwest. Colon cancer rates in
several of the five zones are sig-
nificandy lower than among the
general population. However, in
two of the areas, mortality rates
are significandy higher than the
national average.
The Pacific Coast region lias
the lowest of the overall mortality rates at 9.2 per 100,000, followed closely by the Southwest
region at 9.6 per 100,000. The
Eastern zone rates are 11.9 per
100,000, still below the national
average. The statistics for the
Nordiern Plains and Alaska
zones are markedly higher. The
Nordiern Plains mortality rate is
27.7 per 100,000 and die rate for
Alaska is even higher at 32.5, almost double the national rate per
100,000 people. Rates for Native
men in die Soudiwest are 10.8
per 100,000 while Pacific Coast
numbers are similar 10.9 per
100,000. Eastern region rates for
males are still below the national
average at 13.9, but Alaskan men
have mortality rates at 27.9 and
Northern Plains men top out the
averages at 34.4 per 100,000.
Rates for Native women in the
Pacific Coast, Southwest, and
East are below the national trend
at 7.7,8.6, and 103 deaths per
100,000, while the statistics for
Native women in the Northern
Plains and Alaska are considerably higher"tiian the national
average at 22.6 and 35.8 per
100,000 respectively.
When colon cancer strikes, it
does so regardless of race and
gender striking over 50,000 Americans each year. Some recover
from colon cancer, odiers do not.
Many survivors will find diat diey
will get die disease again. Wliile
gender and race aren't an issue
widi colon cancer, it has been discovered diat die likelihood of developing diis disease increase with
a person's age. Hiis cancer develops over time and its incidence
is related to specific risk factors,
including lifestyle, environment,
and genetics.
Risk factors associated with
colon cancer include a history of
colon problems, such as inflammatory bowel disease, Crohn's
disease, and ulcerative colitis.
Chronic constipation and dianhea
may also be indicative of problems
diat may lead lo colon cancer, as
well as the presence of polyps.
Polyps are small growths diat
occur in die colon. Some are
cancerous wliile others are not.
Polyps are usually discovered
through a procedure called a
colonoscopy, where a physician
guides a small camera dirough
the colon looking for abnormalities. If polyps are foimd, they are
removed to prevent them from
CANCER to page 2
Vote on formation of LCO General Counsel
HAYWARD, WISCONSIN
-  In a decision released late
Monday, January 24,2005, the
Bureau of Indian Affairs, Midwest Regional Office, formally
approved a Petition request of
the Lac Courte Oreilles Band of
Lake Superior Chippewa Indians of Wisconsin. The Petition
is a request to call a Secretarial
Election for the purpose of voting on a proposed constitutional
amendment.
The proposed amendment
calls for the formation of a
"General Council" and wdl be
composed of all 4,940 (bodi
resident and non-resident) enrolled voting tribal members. It
also calls for the formal transfer
of "governing powers" from the
Tribal Governing Board (TGB)
to the LCO voting Membership as a newly formed General
Council.
The proposed amendment
calls for no disruption to tribal
operations and the smooth
transition of the current Tribal
Governing Board members and
Officers to the name/tide of
"Executive Committee. "The
Executive Committee and it's
officers including Chainnan,
Vice-Chairman and Secretary-
Treasurer will continue to be
elected according to the existing
provisions of the tribal constitution and wdl continue to administer the daily affairs of the tribe.
However, die proposed
amendment will provide for
the LCO Membership as die
General Council to hold elected
tribal officials fully accountable. The General Council will
have full governing power to
REVIEW and REVERSE all
decisions of elected officials as
well as die power to RECALL
or REMOVE them from office.
Tlie Lac Courte Oreilles
Band is positioned to become
the fourth tribe in the State of
Wisconsin to adopt a General
Council system. Tlie oidy odier
Wisconsin tribes currendy operating under a General Councd
VOTE to page 7
Kickapoo indictment swells
By John MacConnack
San Antonio Express-News
Six weeks after a half-dozen
people associated widi die
Kickapoo tribe were indicted
on financial charges, a federal
grand jury in San Antonio added
six more charges, including civil
rights violations, and indicted an
additional person.
The superseding indictment
returned Wednesday again
names Isidro Garza Jr., the
former tribal manager; Martha
Garza, his wife; Timoteo Garza,
his son and a fonner state representative; Raul Garza, die former tribal chainnan; Ardiur Lee
Martin, fonner casino manager;
and Joe Ruiz, tribal lawyer.
The 25-count indictment adds
Isidro Garza Jr.'s eldest son,
Isidro Xavier Garza, 32, and accuses him, as well as his parents
and brodier Timoteo, of conspiring to avoid paying taxes.
The new indictment also
charges four of the defendants ~
Isidro Garza Jr., liis wife, Raul
Garza and Lee Martin " of conspiring to "oppress, threaten
and intimidate members of the
Kickapoo Traditional Tribe of
Texas," who in 2002 were trying
to recall their tribal leaders.
The four are accused of interfering widi the tribal election
coimnittee and using financial
pressure, including the threat
of widiholding "loans," to get
members of die tribe to withdraw
their names from recall petitions.
After their attempts to hold
a recall election were repeatedly frustrated, several hundred
Kickapoo gadiered in November
2002 to hold a public "vote of
conscience," then ousted Isidro
Garza Jr. and die members of the
tribal council.
After a fierce legal fight, the
newly elected tribal councd was
recognized by die Bureau of Indimi Affairs, and it continues to
govern die tribe.
Current tribal Chairman Juan
Garza Jr. found the civil rights
charge gratifying.
"I didn't diink tiiey would go
after that because, back when we
were stniggling, everywhere we
went to complain diey just told
us it was an internal problem,"
Garza said of the election dispute.
"That's the reason we had to
force diem out. It was the only
KICKAPOO to page 2
Graham lawyer
asks extradition
proceedings be
dismissed
Associated Press
VANCOUVER, British
Columbia - The lawyer for a
Canadian man wanted in South
Dakota for the 1975 killing of
an American Indian Movement
activist has asked diat extradition
proceedings against John Graham be dismissed.
Graham's lawyer, Terry La
Liberte, said die United States has
acted in bad faith in certifying evidence presented to Canada in support of the extradition application.
Graham is wanted for first-degree murder in die kdling of Anna
Mae Pictou Aquash on die Pine
Ridge Indian Reservation. Her
body was found Feb. 24, 1976.
Graham's lawyers told the Supreme Court of British Columbia
on Tuesday that mistakes in
identification and the possibility
of perjured witnesses cast doubt
on the case the United States has
presented as part of its extradi-
GRAHAM to page 6
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Native
American
Press
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A weekly publication.  Copyright, Native American Press, 2004
Founded in 1988
Volume 17 Issue 32
January 28, 2005
Jury convicts Iraq war veteran of second-degree murder
By Carson Walker
Associated Press
PIERRE, S.D.-A federal
court jury in Picne on Friday
convicted James A. Gregg,
an Iraq war veteran from
Harrold, of second-degree
murder in the July 4 shooting death of an American
Indian man from die Crow
Creek reservation.
Gregg, 23, was accused of
shooting James L. Fallis, 26,
five times.
The jury rejected die prosecution's argument that die
slaying was premeditated, so
Gregg was not convicted of
first-degree murder.
Second-degree murder is
a killing widiout premeditation, as in die heat of passion
or in a sudden quarrel or
fight.
The penalty for a second-
degree murder conviction
is any number of years in
prison up to life behind bars.
The jury also convicted
Gregg of using a firearm
while committing a felony.
Gregg had testified dial
his combat experience in
Iraq made him contemplate
suicide during and after Itis
11 months of wartime duty
with the Anny National
Guard.
JURY to page 3
In this photo provided by family, James Fallis stands along Capitol Lake in
Pierre, S.D., in the early 2000s. Jurors must decide if an Iraq war veteran
killed an American Indian man out of jealousy or if the July 4 slaying was
a defensive response to postwar stress, according to lawyers in a federal
trial. James Allen Gregg, 23, of Harrold, is charged with first-degree murder and use of a firearm during a crime of violence for shooting Fallis, 26,
a member of the Crow Creek tribe. (AP Photo/Courtesy of Fallis family)
Pawlenty budget proposal includes casino money
By Brian Bakst
Associated Press
ST. PAUL - Gov. Tim
Pawlenty on Tuesday unveiled a proposed $29.6 billion budget tiiat includes $200
million from a new casino
that would be operated jointly
by the state and "interested"
Indian tribes.
An executive summary of
the budget didn't identify die
tribes. The governor earlier
mulled a project that might
include the White Eardi, Red
Lake and Leech Lake tribes,
all in far northwestern Minnesota.
"We've seen explosive
growdi in Minnesota's tribal
casino industry over the past
15 years," Pawlenty said in
the summary. "That growdi
has not benefited 85 percent   •
of tribal members, nor the
state as a whole. Numerous
odier states have re-examined
their gaming agreements to
ensure greater fairness and it's
time for Minnesota to do the
same.
The $200 million would come
from a one-lime licensing fee.
Starting in 2008, the state could
expect $100 million each year
from die casino, according to
tlie budget summary.
The idea was immediately
criticized by die Minnesota Indian Gaining Alliance, a group
that includes all of Minnesota's
bands except for Red Lake and
White Eardi.
verrior's scheme to involve
diree northern tribes in a metro-
area casino is nodiing more
dian a cynical effort to create
disunity among tribes and use
the poorest Indians in die state
as human shields to protect
him from the political fallout of
gambling expansion," the group
said in a statement.
Pawlenty's proposed two-year
budget is a 5.8 percent increase
over the cunent budget, slighdy
more dian the rate of inflation.
It includes $426 million in
spending cuts and $476 million
in new spending.
Pawlenty had to account for
a $700 million state deficit in
crafting tlie proposal, and the
achnini strati on was conducting
an afternoon briefing to detail
the plan. The proposal serves as
a starting point for the Legislature.
Advocates for the poor and
those who depend on healdi
care and social service programs expected to lose benefits
under die proposal.
"It's going to be pretty bad
stuff," said Kate Krisik, social
concerns director for die Minnesota Cadiolic Conference, the
public policy arm of the state's
Catholic churches. "With him
characterizing state-subsidized
health care programs as welfare,
I think it's probably going to be
BUDGET to page 7
Senators' letter questioned
NIGC's agenda
Tlie National Indian Gaming Commission was warned
last montii that its review of
tribal casino agreements with
non-Indian investors was having a "chilling effect" on the
$16 billion industry.
In one of dieir last actions
as die leaders of the Senate
Indian Affairs Committee,
retired Sen. Ben Nighthorse
Campbell and Sen. Daniel
Inouye expressed concerns
about a number of die NIGC's
practices. A two-page December 15 letter suggested diat the
agency was overstepping its
authority by reviewing certain
casino contracts.
Campbell, who retired
last month, and Inouye, who
recendy stepped down as vice-
chairman of die committee,
said they were prompted to
write due to complaints from
"a number" of tribes. The two
senators are known for championing Indian causes.
The letter, however, focused
on an increasingly controversial aspect of tlie Indian
gaming industry: die non-
Indian investors who finance
casino projects in exchange
for a share of gaming revenues
or odier considerations. NIGC
Chainnan Phil Hogen, a Bush
administration appointee who
has sought to expand the government's oversight of tribal casinos, is worried diat these deals
are escaping federal review.
But Campbell and Inouye told
Hogen that he may be headed
in die wrong direction. "As you
well know, for many tribes entering die gaining arena, dieir only
means of providing compensation to those who are involved in
the start-up and development of
gaming enterprise," they wrote,
"is to commit a percentage of future net revenues to pay for these
non-management agreement."
NIGC's scrutiny "is having a
chilling effect on those ... who
would otherwise come fonvard
to assist tribes in die development of dieir gaming operations," diey asserted.
Tlie warning comes several
mondis after the NIGC acted
on an agreement between die
Chickasaw Nation, an Oklahoma
tribe widi a large gaming enterprise, and Multimedia Games
LETTER to page 6
Turtle Mountain
casino proposal
faces opposition
in Grand Forks
Associated Press
•   GRAND FORKS, N.D.
- Representatives of the Turde
Mountain Band of Chippewa
heard opposition from charitable
gambling groups and other uibes
when they came here to discuss a
proposed casino in the area.
About 60 people attended a
public meeting on the proposal
Tuesday night.
Turde Mountain officials have
suggested a $15 million, 1,000-
slot machine casino diat would
employ 750 people in its first
year. Tribal Chainnan Ken Davis
said it would have an annual payroll of $20 million, and spin off
$75 million in economic activity.
Representatives of charities
dial now offer gambling said a
new Indian casino on the edge of
town could take away dieir customers.
"This could break us," said
Jan DeRemer, president of the
board of directors for Development Homes Inc. "The state is
not paying for die services we
CASINO to page 7