Native American Press / Ojibwe News (Bemidji, Minnesota), 2008-03-01

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INDEX
Vote for our People
Reduction of hours at
Medal of Honor
UND Speaks with
NEWS AROUND INDIAN COUNTRY
NEWS BRIEFS
2
3
Wagner Indian clinic looms
awarded to Sioux
Indian for heroism
in Korea
Forked Tongue
COMMENTARY/EDITORIALS
4-5
CLASSIFIEDS
7
page 5
page 3
page 3
page 4
Two important new
contributions to
literature on Indians
could have done more,
had they known...
page 4
Fed's indict 5 more Red Lakers with drug
trafficking
VOICE      OF      THE      PEOPLE
By Bill Lawrence
While checking the status
of the 28 Red Lakers arrested
this past summer, Press/ON
learned from Marty Jackley,
U.S. Attorney for South Dakota,
that five additional Red Lakers
join the ranks of those indicted
for drug trafficking. They are:
Mavis Jean Strong, Fawn Ashley
Beaulieu, Michael David Seki,
Roland Jesse Roy, and Janet
Lisa Head. This brings the total
number of those charged in
the Red Lake trafficking case
to 34. All but one are Red Lake
members.
Of the 34, twenty-two have
pled guilty to at least one count
associated with illegal drug
activity.
These individuals are:
Augustin JV|~irtinez-Miranda,
Gary Lee Stishg, Fredrick Alan
DesJarlait, Jr., Nicholas Avery
Strong, Gary Lee Head, Marida
Dawn Seki, William Antoine
May, Jr., Joseph Jacob Thunder,
III, Rochelle Lynn Strong,
Ricky Lee Chaboyea, Billy Joe
Mason, Elton Ryan Beaulieu,
Dasheena Jo Strong, Brandon
Lee Strong, Maria Needham,
Tyrone Wayne Beaulieu, Randy
Matthew Sayers, Barbara Ann
Thunder, Delores Jean Huerta,
Leroy Elvis Garrigan, Jr., Fawn
Ashley Beaulieu and Roland
Jesse Roy.
Those waiting trial are: Dana
Alphonse Oliver, Austin Robert
Head, Herbert Melvin May,
Robert Jeffrey Vanwert, Ramon
Charles Sayers, Donald Roman
Cook, Jr., Loretta May'Kingbird,
Concha Edith Isham, Michael
Lee Sather, Mavis Jean Strong,
Michael David Seki and Janet
Lisa Head.
All defendants are charged
with conspiracy to distribute
and possess, with the intent
to distribute, five kilograms or
more of a mixture and substance
containing cocaine.No one has
been sentenced to date. The trial
date is now set to May 16, having
been postponed a number of
times. The four remaining in
custody are: Billy Joe Mason,
Brandon Lee Strong, Tyrone
Wayne Beaulieu and Delores
Jean Huerta. It's believed
Augustin Martinez-Miranda
also remains in custody.
Those remaining are released
on $25,000 bond, which
translates to $2500 in actual
cash outlay.
PSIs have been requested for
the twenty two who have plea
bargained. All 34 defendants
have court appointed attorneys.
All charges carry a mandatory
minimum sentence of ten
years in prison. The maximum
sentence is life in prison and a
$4 million fine.
Special Assistant United States
Attorney John E. Haak from the
District of South Dakota is
prosecuting the case against the
34 defendants. The District of
Minnesota U.S. Attorney's Office
has recused [removed] itself
from the case due to a potential
conflict of interest. A contract
employee of Minnesota office is
related to one of the defendants.
Judge James M. Rosenbaum,
Chief Judge of the U.S. District
Court for the State of Minnesota
will preside over the trial and
sentencing.
An indictment by a grand jury
indicates there is probably cause
to believe that the defendants
have committed offenses.
Tribal gambling puts millions in state pot
by S.E. RUCKMAN
World Staff Writer
Oklahoma received $70.4
million in 2007 from Indian
gambling compactsor"exclusivity
fees," state records show.
The figure is more than triple
the $21.5 million collected in
2006 and matches estimates
made in 2004, when a state
question was approved allowing
the state to enter into compacts
with gambling tribes.
In 2005, only about $8.2
million was collected.
The Chickasaw Nation led
state Indian tribes in 2007 for
revenue payments with $18
million, according to Office
of State Finance records. The
Choctaw Nation was second with
$16.5 million, and the Cherokee
Nation came in third with $11.5
million.
State Treasurer Scott
Meacham said it is likely that
up to a 50 percent increase in
those payments could result
if the National Indian Gaming
Commission were to approve
proposed regulations that would
reclassify noncompacted Class II
- or bingo-based - games into
compacted Class III games, or
slot machines.
The tribes have argued that
the proposed rules are unfair
and unnecessary. Meacham said
approving those rules has a
positive side to it.
"If payments go up, it means
more tribes are converting to
compact games," he said. "But
that money doesn't go to the
state as a whole, but straight to
education."
Meanwhile, Brian Campbell,
CEO of Chickasaw Enterprises,
said his tribe making the most
compact fee payments among
state tribes is not a surprise.
"The Chickasaw Nation is
always among the top three
tribes that contribute the most
to the state's education fund,"
he said. "We've proven that we
are a significant contributor
to Oklahoma's economic
development."
Cherokee Principal Chief Chad
Smith said the tribe's No. 3
position for compact payments
is a direct result of finding its
market and then competing in
it
"That's why we decided to
expand in West Siloam (Springs),"
he said. "We built a site there
many years ago because of its
proximity to Fort Smith and the
northwest Arkansas market."
Derek Campbell, head of
gaming compliance in the Office
of State Finance, said officials see
exclusivity fees as a barometer
on how well a tribe's gambling
enterprise is faring during the
year.
"We don't know how many
Class II machines (uncompacted
games) a casino has," he said. "We
see trends that we read from the
year-end report."
Revenue payments increased
from the beginning of the year
to the end. That is what state
finance officials saw in 2007,
Campbell said.
Compact payments started
with $4 million in January and
rose to $6.6 million by October.
The monthly figures represent
the total amount tribes paid to
the state in compact fees, officials
said.
The state began keeping logs
on compact payments in 2005
after State Question 712 was
approved in November 2004,
allowing gambling agreements
between Oklahoma and Indian
tribes.
The tribes' payments are
derived from a percentage of
the compact machines' (Class
III) profit that the state and each
tribe have negotiated in their
gambling compact agreement
and ranges from 6 percent to 10
percent Currently, about 33 of 37
federally recognized tribes have
compacted with the state.
Janie Dillard, Choctaw
executive director of gaming,
said her tribe pays 6 percent for
compact games and 10 percent
of table games revenue to the
state. She estimates 80 percent
of its total games are compacted
games.
"Over the past couple of years,
some of the largest companies in
the industry have had their games
approved for play in Oklahoma
under the state compact," she
said.
Among other local tribes, the
Osage Nation and Muscogee
(Creek) Nation ranked fifth and
seventh, respectively, among state
tribes in total 2007 payments.
The Osages paid $3.2 million, and
the Creeks paid $2 million.
State gambling tribes have
about 25,000 (noncompacted)
Class DJ machines of about 50,000
total gambling machines.
Oklahoma officials rely on
tribal self-reporting and inventory
amounts per casino the state
already has to draw up their
estimate of compacted games,
Campbell said.
Supreme Court Set To Hear State Tribal
Sovereignty Case
By Brian H. Kehrl
The right of the Mashpee
Wampanoag Tribe to place
land into trust with the
federal government to create a
reservation and place it beyond
the control of state and local
jurisdiction, will be raised into
question in a lawsuit before the
United States Supreme Court.
The country's highest court
this week accepted the case, in
which Rhode Island Governor
Donald L. Carcieri is suing
US Secretary of Interior Dirk
Kempthorne, in an attempt
to resolve a controversy over
whether the executive branch
can take land into trust for tribes
like the Mashpees that have been
recognized after 1934, unless
the US Congress specifically
approves the land transfer.
The Mashpee tribe obtained
federal recognition last year and
has applied to place about 140
acres in town and 540 acres in
Middleborough into trust.
The Rhode Island case directly
involves an application by the
Narragansett Indian Tribe to
place 31 acres into trust to be
used for a housing development,
making the property beyond the
control of state law.
The court's decision to
hear the case brings national
prominence to a long-standing
conflict between states, which
have fought the right of tribes
to operate as sovereign nations
within state borders, and tribes,
which have argued that the
only way to achieve the quasi-
sovereignty awarded to them
by the federal government is to
have a land base beyond state
and local control.
The growth of Indian gaming
has raised the stakes on the
issue, and as more and more
states, including Massachusetts,
are looking toward casinos as
a source of revenue, Indian
casinos are consequently viewed
as competition. Before tribes
can open casinos, in general the
land must be taken in trust by
the federal government.
"I am sure that the Mashpee
tribe is watching this closely.
I am sure of that, even not
having talked to them. I
can't imagine that any tribe
in the entire northeast isn't
looking at this case, extremely
disappointed that the court will
hear it, monitoring it closely,
and thinking about becoming
involved in the case," said
Richard A. Guest, a staff attorney
with the Native American Rights
Fund in Washington, DC.
There are 564 federally
recognized Indian tribes in the
country, with approximately
54 million acres of land held in
trust, according to a 2005 report
by the federal Government
Accountability Office.
The Native American Rights
Fund and Indian tribes have
expressed concern that a broad
Supreme Court ruling on the
case could severely weaken
tribal governmental sovereignty,
limit tribes' stewardship of their
land, and create different classes
of tribes.
States across the country,
however, have supported
Rhode Island's position in
the case, arguing that the
trust status for tribal lands
infringes on state sovereignty.
Massachusetts Attorney General
Martha Coakley, along with
representatives of Connecticut
and 14 other states, filed briefs
with the court supporting Rhode
Island.
Massachusetts Governor
Deval L. Patrick has opposed
the Mashpee tribe's application
to place land into trust, though
on different grounds than Mr.
Carcieri's argument.
The US Department of
Justice opposed Rhode Island's
position in a brief filed with
the supreme court, arguing
that all recognized tribes are
entitled to the benefits of federal
acknowledgment and the land-
into-trust system.
The case is on appeal from a
ruling by the 1st Circuit Court
of Appeals in Boston, which
decided against Rhode Island
last summer.
The supreme court agreed
to hear two different aspects of
the case: whether the executive
branch can take land into trust
for a tribe recognized after 1934
and whether the Narragansett's
reservation application violates a
25-year-old settlement between
the state and the tribe.
Rhode Island contends that
the Narragansett tribe, which
was recognized in 1983, should
not be afforded the right to place
CASE to page 5
web page: www.press-on.net
Mi¥8 *mzm
American
We Support Equal Opportunity For All People
A weekly publication.  Copyright, Native American Press, 2008
Founded in 1988
Volume 19 Issue 48
March 1, 2008
Excerpts from Rebuilding Native Nations: Strategies
for Governance and [Economic] Development Part V
Comments by Bill Lawrence
This is the fifth installment
from the above named book,
published by the University
of Arizona Press. The work
is a joint project between the
University of Arizona and the
Harvard Project for on American
Indian Economic Development
Miriam Jorgenson is editor and
contributor. Other contributors
include: Stephen Cornell, Joseph
P. Kalt, Manley A. Begay and
others.
The books underlying
premise is this: Dysfunctional
Tribal governments are stuck
in unproductive modes, called
the "standard approach."
The authors give historical
explanations for why the current
situation has evolved as well as
suggestions for change. The
"Native Building Approach,"
depending on stable, honest
governments, the rule of law,
and a competent workforce,
is their recommendation for
remedying the existing state of
affairs on Indian Reservations.
There is convincing
information that assures us
that no serious economic
development will ever emerge
from tribal systems that do not
offer the guarantees of a free
society, protected by the rule of
law with an unbiased, fair and
competent judicial system.
We've printed material from
the book describing effective
checks and balances, dispute
resolution [a judicial system],
and the benefits of a competent,
merit based employment system
with an effective grievance
procedure. We've also presented
the need for elected officials
to be in charge of long-range
strategic planning, while
administration of policy is
confined to the employment
contingent. This, the authors
believe, will eliminate the need
and impulse of tribal officials
to 'micromanage' all levels of
tribal business. Presumably all
these changes are done with
the knowledge and blessing of
the governed.
In this installment we will
give reprint the material from
STRATEGIES to page 5
Consultant sued over Red Lake
shootings
By Terry Collins
Star Tribune
The families of people
killed or injured in the 2005
Red Lake shootings are
suing a Bloomington-based
environmental consulting firm
that sold the school district a
crisis management plan.
Lawyers for the nearly two
dozen families said Tuesday
that MacNeil Environmental
Inc. failed to create a safe school
environment and to properly
train students, staff and law
enforcement about what to do
in a crisis situation.
They claim that the Red Lake
district gave MacNeil thousands
of dollars in taxpayers' money
to prepare for emergencies
such as the March 21, 2005,
shootings that left 10 dead
— including the teenage
gunman.
"MacNeil sold a security plan
that didn't work," said Elliot
Olsen, a Minneapolis attorney
who represents Steve Cobenais,
one of the most severely injured
students. "We intend to show
that had MacNeil done its job,
these deaths and injuries would
have been prevented."
In addition to the families, the
lawyers are also representing a
handful of former high school
employees in three separate
lawsuits against MacNeil. Olsen
said the company was served
with the suits Friday.
MacNeil's lawyer, Roger
Gross of Minneapolis, said
Tuesday that it was premature
to comment because he hadn't
yet read all of the lawsuits.
MacNeil, which handles health
and safety issues in state public
schools, describes itself on
its website as an experienced
consulting and engineering
firm.
In the aftermath of the 1999
shootings at Columbine High
School in Colorado, in which
two students killed 12 students,
one teacher and themselves,
Minnesota lawmakers required
school districts to come up with
crisis management plans.
The suits say MacNeil was
hired by the Red Lake schools
in 2002 to create a security plan
for the district on the remote
Indian reservation in northern
Minnesota.
The lawyers say they have
received strong expert opinion
on their claims that MacNeil's
plan was confusing, poorly
formatted and contained
conflicting directions for
school staff.
On March 21,2005, Jeff Weise,
16, killed his grandfather and
grandfather's girlfriend at their
home, then drove to the high
school and opened fire, killing
a security guard, a teacher and
SHOOTINGS to page 5
Dorgan calls
for Pentagon
investigation
into ND armor
plant
By MARY CLARE JALONICK
Associated Press Writer
WASHINGTON (AP) _ Sen.
Byron Dorgan, D-N.D., on
Thursday called for a Pentagon
investigation into Kevlar safety
and allegations made against
a North Dakota company that
manufactures the protective
cloth.
Sioux Manufacturing Corp.,
a business owned by the Spirit
Lake tribe, agreed to pay $1.9
million last year to settle a lawsuit
filed by two former employees
on behalf of the government.
The company was accused of
failing to follow specifications in
making Kevlar cloth material, a
protective synthetic fiber used in
helmets and body armor.
The company denies
wrongdoing, saying the
employees were disgruntled
and that it settled the lawsuit to
avoid a costly legal battle.
"If the allegations are found
to be accurate, the Department
of Defense will need to know
that, and the consequences will
be significant," said Dorgan. "If
the investigation determines
that the facts do not support the
DORGAN to page 5
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