Native American Press / Ojibwe News (Bemidji, Minnesota), 2005-03-11

              INDEX
NEWS AROUND INDIAN COUNTRY 2
NEWS BRIEFS 3
COMMENTARY/EDITORIALS 4
CLASSIFIEDS 7
It's about time
page 4
Tribes' debt with state-run
casino would equal $750
million dollars
page 4
Indians losing their
jobs under Goggleye
Administration
page 4
Leech Lakers speak out
on casino proposal
page 4
Tribal/State casino
- is It the right
situation?
page 4
Pawlenty/tribal casino proposal a "crapshoot
95
By Bill Lawrence
The past weekend's papers were
peppered with news of interest to the
Indian communities. At least five
articles discussed aspects of the
state/tribal casino deal called the
Gaming Fairness Partnership, which
proposes to build a casino in an as
yet unidentified site. Altogether,
there has been a steady stream of
casino related articles, numbering
12 or more in the past week..
The week end casino related
articles discussed the expected
financial return for all parties
to the deal, tlie possible site and
attitudes of potential hosts, the
expressed opposition, tlie political ramifications for the governor
and the expected conflict over the
question of whether or not such a
deal would be legal.
Although any discussion regarding the partnership is simply
conjunctive at this point, Patricia
Lopez's Star Tribune article of
Saturday laid out tlie estimated
financial returns. The Tribes'
(tlie three northern most bands of
Ojibwe, the Red Lake, the Leech
Lake and the White Earth) contribution seems to be disproportionate to tlie stale's contribution. The
tribes would need to come up with
an upfront licensing fee of $200
million. The tribes would also be
responsible for tlie construction
costs, estimated to be about $550
million. Additionally, the tribes
would pay $ 10 milhon to the host
community, plus another $12 million to a Community Asset fund to
help finance community projects
such as a stadium, a theatre, a zoo
or similar projects that would enhance Minnesota communities.
Finally, the tribes would be
required to kick in $ 164 milhon a
year to the state. That leaves them
with an amount described by the
Governor as approximately the
same amount as the state gets.
But another writer stated the sum
would be approximately $20 million less, leaving the tribes' take at
$143 million. Another story had
the tribes splitting $385 million a
year, which gives each tribe considerably less than that.
Sites for the proposed casino include Bloomington, specifically at
the Mall of America (MOA), Al-
bertville, Blaine in Anoka County
at a harness racetrack site, and
Burnsville. Canterbury racetrack
has also been mentioned. The
siting of the casino at the Mall of
America, Burnsville, Albertville
or Blaine seems to be predicated
on capitalizing on existing draws,
e.g. shopping, horseracing, already
in place at those sites. While Canterbury has been mentioned, and
the Governor has stated expressly
that the racino concept would be
acceptable, its proximity to Mystic Lake could conceivably work
against its being chosen.
Placing the casino at either Albertville or Blaine gives the greatest
strategic placement, assuring that
the new casino is not sited too close
to existing tribal casinos and at tlie
same time balances the siting to
make it somewhat convenient for
gamblers to visit a casino in almost
any direction in the metro area
NIMBY (Not in my backyard)
is at work in Bloomington and St.
Paul. Both of who have already
publicly stated they do not want
a casino in their neighborhoods.
Richfield reportedly is considering a public statement dittoing and
supporting Bloomington's position.
They do not want a casino on their
border.
Tlie Bloomington Council has
declared they don't want the casino.
St. Paul's Mayor and President of
their City Council have bodi said
they didn't want a casino, and
indicated that it is not a good fit
with tlie city of St. Paul's image as
PROPOSAL to page 3
Senators McCain and Dorgan discuss 2006
presidential budget request for Indian Programs
By Bill Lawrence
Printed on page five is the complete text of a letter from Senators
John McCain and Byron Dorgan,
Chair and Vice Chair respectively
of the Senate Coinmittee on Indian Affairs to Senators Judd
Gregg, Chair, and Kent Conrad,
ranking member, of the Senate
Committee on tlie Budget. The
letter discusses President Bush's,
estimates, priorities, and cuts lo
the fiscal 2006 budget request for
Indian programming. It detains
concerns surrounding per capita
income, health status, housing, and
higher education for Indians.
The letter also sets forth Committee recommendations regarding
Bureau of Indian Affairs, including
Operation of Indian Programs, law
enforcement and detention, Tribal
courts, education issues at all levels. Indian Health and Human
Service, Indian and Community
Block grants, Office of Justice
Programs, and Environmental
concerns are described in depth.
This is information that people
should be aware of and I invite you
to view the entire contents of tlie
letter as printed in this issue.
Committee on Indian Affairs addresses budget cuts
Senator McCain wants Native Programs adequately funded
By Jean Pagano
The Committee on Indian Affairs (the Committee), headed by
Senator John McCain (R-AZ), recendy responded to the Committee
on the Budgel s request for views
and estimates on the President's
FY 2006 budget. Senator McCain,
writing for the Committee on Indian Affairs stated "Aldiough we
agree with the President's goals
of funding programs widi proven
performance accountability and
reducing the federal deficit, we disagree with many of the proposed
funding cuts and the priorities set
out in die budget."
McCain mentioned a recent
sttidy conducted by the Harvard
Project on Indian Economic Development diat examined ten years
of socioeconomic change involving Natives living on Native lands.
The study concluded that Native
tribes experienced growth and
social well-being at rates greater
than those foimd nationally among
other racial groups. The study
found this to be especially true
when Natives participated in the
policies of self-governance that
encourage tribes to run and manage their own programs.
While the gains in the study
highlighted progress by Native
peoples, McCain detailed several
points where Native people still
lag far behind other racial groups
in America. Specifically, a) the average per capita income of Natives
remains lower than the national
average; b) Natives experience an
overall lower health status than
odier Americans; c) overcrowding
rates of homes on reservations is
almost twice the national average;
and d) Natives are half as likely as
odier Americans to graduate from
college.
The Committee on Indian Affairs commented on budget cuts
in the Department of Interior for
both the Bureau of Indian Affairs
(BIA) and the Office of the Special Trustee (OST). For the BIA,
die Tribal Priority Allocations has
been reduced by $9.4 million from
the FY 2005 funding. McCain
stated funding should remain at
2005 levels to help tribes execute
contracts, compacts, and contract
support costs (the subject of a
recent Supreme Court ruling) as
described under the Indian Self-
Determination and Education Assistance Act of 1975 (ISDEAA).
The contract support costs component of ISDEAA was reduced by
the President by $2 million from
die 2005 figure. McCain recommended that this amount remain
at the 2005 level and be adjusted
for inflation.
The Committee applauded the
$12.1 million increase for law
enforcement and detention activity, one of the few increases in the
BIA budget request. Tribal Courts
received an increase of $122,000,
but die Committee, citing the increased burden placed upon tribal
courts, has asked for an additional
$1 million over 2005 levels.
BUDGET to page 3
Goggleye shuts
down Leech
Lake Tribal
Headquarters
Cass Lake, Minn. - The Leech
Lake Tribal Council diis morning
was forced to shut its business
and service offices to preserve
the safety and welfare of its
employees. This was in reaction
to a group of unruly, aggressive
supporters of Archie LaRose, who
was" to assume die office of Secretary-Treasurer today. The mob
overflowed die lobby and meeting
room of die RTC administration
building.
The Leech Lake Tribal Chairman and die diree District Representatives attempted to meet
with LaRose in an attempt to
effect a smooth transition and
prepare working guidelines to
accommodate him. Initially refusing to meet widi the council
widiout die mob being present,
LaRose finally did agree to sit
down to a council-only meeting.
However, he remained belligerent
diroughout, demonstrating a total
unwillingness to work with die
council. As LaRose's action and
words continued to get further and
further out of hand, his supporter
increased dieir actions, louder
and more direateningly. Chairman Goggleye and die District
Representatives finally ordered
the Tribal offices closed for die
safety of their employees.
Chairman Goggleye said
"LaRose claims to follow the
Constitution, yet he comes in and
attempts mob rale. He's got to realize he also has to work within
financial guidelines and widi the
rest of die council. Order must
prevail."
Latest Canterbury casino plan
promises more slots, profits
By Brian Bakst
Associated Press
ST. PAUL (AP) - Owners of
Shakopee's Canterbury Park horse
track trotted out a revised casino
proposal Wednesday, hoping to remain a player in a gambling debate
that is more charged than ever.
Canterbury officials have
sought state approval for a casino since 1997 and even passed
such a plan dirough the House
in 2003. The Senate remains the
big question mark, although supporters appear to have made some
headway in recruiting members
of die DFL majority.
Nicknamed a racino, the development woidd add 3,000 slot
machines, 40 blackjack tables and
hotel, convention and retail space
to die existing horse track. Track
owners would pay the state $100
million for a license and then turn
over 35 percent of revenue to the
state treasury every year, estimated
at $81 milhon in 2007 and growing
every year after.
The state lottery would run
the casino, helping get around a
constitutional prohibition against
private, nontribal casinos.
The racino plan is one of two
major gambling proposals now
on the table at the Capitol. Last
week, Gov. Tim Pawlenty outlined a Twin Cities casino the
state would open widi diree northern Indian tribes as partners.
Racino backers haven't ruled
out merging the plans - nor has
Pawlenty - but they described theirs
as more palatable to die public.
"It adds a lot of machines at a
location that already offers gambling," said sponsor, Sen. Dick
CASINO to page 3
Property owners in land claim area
to speak about settlements
By William Kates
Associated Press
AUBURN, N.Y. - When he talks
about what's wrong with die state's
proposed land claim settlements,
local property owner Richard
Talcott doesn't even know where
to begin.
He says they are illegal, discriminatory and unworkable.
" If people are not treated equally
it creates a divide," said Talcott,
chairman of the Cayuga-Seneca
chapter of Upstate Citizens for
Equality, a grassroots organization of property owners opposed
to Indian sovereignty.
State lawmakers plan to listen to
Talcott mid odiers Wednesday night
in the third and final state Senate
heaiing on proposed land claim-casino deals brokered by Pataki. The
Assembly will hold its first hearing
Friday hi Syracuse, with others to
follow in Albany and Monticello.
The Auburn event is the only
hearing in a county diat is part of a
land claim.
Last year, Pataki reached a series
of setdements with the Cayuga Indian Nation of New York, the Seneca-Cayuga Tribe of Oklahoma, die
Oneida Tribe of Indians of Wisconsin, die Stockbridge-Munsee
Band of Mohican Indians and the
LAND to page 3
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A weekly publication.   Copyright, Native American Press, 2004
Founded in 1988
Volume 17 Issue 38
March 11, 2005
AP Photo by Gerald Herbert
Cody, the American Bison participates in a press conference with owner Mike Fogel as the new buffalo nickels
are introduced across the street from the U.S. Capitol, seen in background, in Washington, March 1, 2005.
Deals calls for
state, tribes
to split casino
profits
By Patrick Condon
Associated Press
ST. PAUL, Minn. (AP) - A
group of three northern Min-
nesotan Indian tribes would get
about two-thirds of die gross
revenue from a new casino built
in conjunction with the state,
according to details of die plan
released Friday.
Gov. Tim Pawlenty and leaders of die White Earth Band of
Ojibwe, die Leech Lake Band of
Ojibwe and die Red Lake Band
of Chippewa presented the first
detads of die plan during a news
conference Friday.
Pawlenty has pushed for die
joint casino, calling it a matter of
fairness for northern Minnesota
bands whose casinos haven't
been nearly as profitable as those
closer to the metro area. He has
said die existing casinos don't
pay enough to die state.
"The time for a better deal is
here," Pawlenty said in a prepared statement. "This is about
creating fairness for Ihe people
of Minnesota and fairness for die
northern tribes who represent approximately 85 percent of tribal
members in the state, but haven't
benefited much from existing
gaming operations."
The plan faces a rocky road
in the Legislature. A wide bipartisan coalition of lawmakers are
opposed to any more gambling
in Minnesota - especially if it's
sponsored by die state. Some legislators, especially Republicans,
morally oppose more gambling;,
others, mainly Democrats, diink
that casinos should stay on Indian
reservations.
Tlie deal presented Friday calls
for a bit more than two-tiiirds of
die gross revenues from the
casino to go to the three tribes,
wliich would be responsible for
the costs associated widi casino
constniction and operation.
PROFITS to page 3
Several Indian bands look at
opening Rx outlets
By Patricia Lopez
Star Tribune
One of Gov. Tim Pawlenty's
latest proposals has brought to
light little-known negotiations
between Indian tribal groups in
Minnesota and Canada that may
alter how and where Minnesotans
get prescription drugs — whedier
the state likes it or not.
Pawlenty recendy said diat if
the feds shut down the state's
RxConnect program, wliich links
Minnesotans to low-cost Canadian drag purveyors via the Internet,
he might employ his "doomsday
scenario" — having nordiern Minnesota bands use dieir sovereign
status to buy and resell Canadian
drags from their reservations.
But there's a catch: Wliile
Pawlenty considers this a last
resort, at least two Minnesota
bands are proceeding widi plans
to enter the lucrative prescription
drug market. And they say the
state will have litde to do with
dieir decision.
Floyd Jourdain Jr., chainnan of
the Red Lake Band of Chippewa,
said his band is deep into negotiations widi a Manitoba tribe on a
range of trade issues that include
selling prescription drags, possibly from die band's Seven Clans
Casino in Thief River Falls, Minn.
But it will be die Red Lake Nation
diat makes diat decision, he said,
not die state of Minnesota.
"None of our talks regarding
trade with Canadian tribes have
involved the governor or the state
of Minnesota," Jourdain said,
"and it's pretty presumptuous of
him fPawlenty] to be making diose
statements, since he hasn't been
dealing with us straightforward."
Pawlenty's press secretary,
Brian McClung, said earher dial
Pawlenty had talked about die
concept with Red Lake, White
Earth and Leech Lake Indians
— the same group with whom he
is negotiating the suite's first off-
reservation, metro-area casino.
But Jourdain said he has had no
discussion with Pawlenty about
prescription drags.
And taking die idea public be-
OUTLETS to page 8
Leech Lake Tribal judge rules
against all claims
Judge dismisses wrongful termination complaint
against Leech Lake
In a decision handed down on
February 21, 2005, Judge B.J.
Jones, Deputy Judge Leech Lake
Tribal Court, ruled against a group
of disgrunded fonner employees
by dismissing dieir wrongful termination complaint filed against
the Leech Lake Tribal Council
and employees of die Council.
He ruled to dismiss on sovereign
immunity grounds.
The former employees Robert
Goggleye, Veldon Baird, Frank
Bibeau, Wallace Storbakken,
Andrea Wade, Bruce Johnson,
Deanna McDaniel, Delina White,
Richard Jones, Carri Kolodji
and Roxanne LaRose filed a
"Complaint for Civil Rights and
Liberties" on December 6, 2004,
alleging various and sundry violations of their rights resulting in
wrongful tennination.
Judge Jones addressed these
complaints individually and by
group: ICRA Claim; Civil Rights
Claims; Tort Claims. In every
instance he raled Plaintiffs arguments did not hold merit to uphold
against a sovereign immunity defense. In seeking monetary damages in the amount of $2 million
dollars, he noted the failure to
cite authority to award monetary
relief against the Defendants. The
judge also stated in his niling that
"Plaintiffs here cannot point to any
law preserving dieir employment
separate and apart from die Band's
Personnel Manual."