Native American Press / Ojibwe News (Bemidji, Minnesota), 2000-07-28

              INDEX
News Around Indian Country 2
News Briefs 3
Commentary/Editorials/Voices 4
Smoke Signals of Upcoming Events 5
Classifieds 6,7
Summer
programs for
kids in full
swing
pgs
Tiger Woods
reflects nation's
diverse
multiracial
future
pg3
Tape #3
Former AIM
activist reveals
details in
Aquash murder
pg5
State Court can hear
lawsuit over death on
reservation
pgi
Buckanaga
explains
aborted pay
attempt
pg4
Red Lake elects    State court can hear lawsuit
Tribal Council
representatives
Votes note yet tallied
By Julie Shortridge
The Red Lake Tribal elections for
three district representative seats were
held Mon., July 24 for the St. Paul/
Minneapolis area, and Wed.. July 26
for the reservation, but as of Thursday
morning, only on-reservation results
had been tallied.
For the on-reservation vote, Butch
Brun received 298 votes to Nickle
Cook's 286 for Red Lake district representative. Al Pemberton received
189 to Preston Graves' 181 for the
Redby district. And Rudy Johnson received 5 votes more than Bruce
Stillday in the Ponemah district, although the actual vote numbers were
not immediately available.
Tallying ofthe off-reservation votes
were scheduled to begin at 10 a.m.
July 27.
A fourth district. Little Rock,
elected their representative at the May
17 election when Lawrence Bedeau
was the only candidate to receive 50%
ofthe vote or more, thereby not having to face the run-off election this
week. The May 17 election narrowed
the field in the three districts from 16
candidates, to two in each district.
Winners and total vote counts will
be listed in next week's edition.
over death on reservation
V   O   I   C   E       O
t he     People
By Julie Shortridge
A non-Indian may sue an Indian in
state court for a wrongful death that oc-
curred on a reservation, the Minnesota
Court of Appeals ruled last week.
Tlie defendant, Dean Brooks, argued
tliat the plaintiff, mother of tlie murdered Kinscem Teta, was first required
to exhaust remedies in the Shakopee
Mdwakanton Sioux tribal court before
resorting to state court.
But tlie Court of Appeals disagreed,
upholding a district court ruling. The
decision in Lemke v. Brooks was decided by Chief Judge Edward Toussaint,
Judge R.A. (Jim) Randall and retired
Judge Edward J. Parker, with the eight-
page decision written by Parker.
The attorneys representing the plaintiff were Daniel J. Boivin of
Meshbesher & Spence, and Craig D.,
Greenberg, of Huffman, Usem, Saboe,
Crawford & Greenberg. Attorneys representing the defendant were Paul
Banker of Arther, Chapman, Kettering,
Smetak & Pikala, and James M. Genia
ofLockridgeGrindal Nauen.
Boivin, one of tlie attorneys for the
plaintiff, was quoted in an article by
Barbara L. Jones, Minnesota Lawyer
"[T]he decision clarifies Public Law
280 but it doesn't change it. It makes it
clearer there is poncurrenl jurisdiction.
There's no reason not to be able to go
into state court against a tribal member
when it doesn't affect ihe tribe's business. Now we can proceed with getting
the family the help it needs "
Banker, one ofthe attorneys for the
defendant, was quoted in the same article. "We thought from the beginning
this case belonged in tribal court.
There's a long history of case law tliat
deals with exhaustion of remedies and
when you look at that history, it's clear
the case belongs in a tribal court." He
said a decision has not been made on
whedier to petition tlie Minnesota Supreme Court for review.
The case arose out ofthe shooting
death of Teta on Indian land. Brooks,
father of Teta's young daughter Alicia,
and a member ofthe Shakopee
Mdewakanton Sioux Community, pled
guilty to second degree murder and has
since petitioned for post-conviction relief on tlie basis of mental illness.
Plaintiff Wanda Lemke, tlie mother of
Teta and grandmother of Alicia, sued
Brooks in Hennepin County District
Court on behalf of Teta's heirs and next
of kin for the wrongful death of Teta.
The defendant moved to dismiss the
lawsuit for lack of subject mailer jurisdiction, contending that the plaintiff was
first required to exhaust tribal court
remedies because the murder occurred
on tribal land. A District Court judge
denied the motion to dismiss.
In his Appeals Court ruling, Judge
Paiker wrote that the state has jurisdiction over civil causes of action that involve Indians on tribal land, adding that
since the plaintiff did not seek damages
against a tribe, tribal official, or tribal
business, or implicate the sovereign immunity of die tribe, the state court is not
required to defer to tlie tribal court.
"The wrongful death statute is not a
regulatory law, but a civil law of general
application to private persons, which
has the same effect and application on
the reservation as elsewhere." Parker
wrote.
The ruling allows Teta's mother to
sue Brooks in state court.
Native
American
Press
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Ojibwe News
We Support Equal Opportunity For All People
A weekly publication.   Copyright, Native American Press, 2000
Founded in 1988
Volume 12 Issue 40
July 28, 2000
Federal agency
says tribes can
police Clean
Air Act
Associated Press
POCATELLO, Idaho - The federal
Environmental Protection Agency has
formally recognized Fort Hall as a
major player in Clean Air Act issues.
"We call it treatment in the same
raannc aid Doug Cole,
tribal program coordinator for the Environmental Protection Agency.
Congress approved an amendment
in 1991 allowing federally recognized
tribes to qualify to enforce the Clean
Air Act on reservation land The
Shoshone Bannock Tribes applied in
October 1999.
Cole said the Sho-Ban are the first
Idaho tribes and to his knowledge the
first nationally to be elevated to state
status in dealing with air quality enforcement.
"Basically, when everything is done
in this state, the tribes will have a federally enforceable program that includes all air pollution sources," said
Farshid Farsi, air quality manager for
the tribes.
The tribes can now apply for funding as an entity, whereas in the past
they were allocated money through
the Environmental Protection Agency.
And if an inter-state agency were set
up, the tribes would participate.
Cole said now it is law that if the
state of Idaho were to issue a permit
for a major facility near the reservation, officials would send it to the
tribes for their review and comment
on it.
Northland tribes honored for
government success
Excerpted from Michaela Saunders
Dtilnlh At'ir.v Tribune
Two Northland tribal agencies are
among 16national finalists loran honor
rewarding tribal government achievement.
Tlie Fond du Lac Band's Human Services Division in Cloquet ami the
Odanah. Wis.-based (ireat Lakes Indian
Fish and Wildlife Coiimuissiuu were
chosen from 70 applicants representing
50 tribes competing in Honoring Nations, an annual project at I larvard University that rewards tnhul goveniment
achievement.
Harvard recognizes examples of successful tribal government programs.
Eight ofthe 16 finalists will receive
"high honors" and SI0,000 during a
daylong ceremony Nov. 14 in St. Paul.
Tlie Harvard project will then gather
instructional materials from all the finalists and share that infomiation with
tribes nationwide.
The Mille Lacs Band of Ojibwe's
small business development program
and the White Earth Chippewa's suicide
intervention program are also finalists in
this year's Harvard project.
Phil Norrgard, director of Fond du
Lac's Human Services Division, said
the tribe is being recognized for its
pharmacy on- line billing program,
which began in 1997 and was the first
of its kind in the country.
The federal Indian Health Service,
based in Washington, D.C, reimburses
tribal phannacies for patient care. Actual medical records stay at local tribal
clinics, but data are shared with IHS.
'Hie problem was that tribes couldn't
submit health claims electronically to
IHS and time and money were lost.
Fond du Lac solved the reimburse
ment dilemma w nh a creative solution.
"We essentially took an off-the-shelf
(computer software) product and modified il to til our needs." said Norrgard.
who added that fond du Lac's medical
clinic serves more than 8.000 people a
year.
Debra Smith, who also works in
Fond du lac's Human Services Division, said the billing program allows
pharmao nine with
patients. And the tnbe is no longer losing money.
Since the program started, fond du I ac
has shared its expertise w ith other
tribes; 35 other tribal clinics across the
countiy now use the program.
I lie (ireat Likes Indian Fish and
Wildlife Commission, based on the Bad
River Reservation east of Ashland, is
also a finalist for its treat) rights and national foresi-management plan  I he organization is a group of 11 tribes from
Minnesota, Wisconsin and Michig;ui
that works to protect treaty-guaranteed
hunting, fishing and gathering rights.
The first-of-its-kind national program
has increased govenunent-to-govern-
ment communications and interaction
between the member tribes involved
and the U.S. Forest Service, said Jim
Zom, a commission policy analyst.
A memorandum of understanding
"provides a framework for the exercise
of treaty-protected gathering rights under tribal regulation, instead of federal
regulations," he said. "Also, member
tribes will be consulted when the Forest
Service plans to make changes in the
four national forests in Michigan and
northern Wisconsin."
Tlie 11 tribes involved are
Wisconsin's Bad River, Lac Courte
Oreilles, Lac du Flambeau, Red Cliff.
NORTHLAND to pg. 8
Mille Lacs opens language center
From left: Keith Benjamin, 10, Jade Crap, 13, and Allison Clark, 15, checked out a wigwam that could be used to
sleep in and be used as a classroom at the new Ojibwe language center in Rutledge, Minn.
ated Press
Rill I IX II ,MINN.      When he
saw a group ofpeople trying to carry-
out an Ojibwe ceremony even though
lliev couldn't speak the language, Larry
SmaDwood recognized his calling.
" I be creator gave us each an assignment, and mine is to teach language and
culture," he said. "The ceremonies are
supposed to be done in the language
given to us, and dial's not happening
anymore."
Smallvvood. who says he's been a language activist since 1l>72. estimates that
only about 30 percent ofthe 3.300 Mille
Lacs band members are fluent in
Ojibwe — and most of them, like him,
are over 50 years old. Tlie gradual dying
out of their native tongue has concerned
many elders who worry that their culture might disappear with them.
To counter that trend, Smallwood and
other band members created the Ojibwe
Language Immersion Grounds in
Rutledge, Minn., which had its official
opening ceremony July 18. The learning
center, a Mille Lies band project, is on
70 acres of campgrounds between three
districts of Mille Lacs land.
Participants will be able to choose between a three-day beginner's session
and a five-day advanced workshop during which they will camp out in
wigwams. In the winter, they'll move
indoors and sleep in bunks. Smallwood
plans to get the lessons for people ofall
ages underway by August.
But participants will learn more than
greetings and simple sentences —
they'll follow die traditional Ojibwe
way of life. Instructors will show them
how to prepare food, tell stories, make
maple syrup and build lodges.
"If we go fishing down in the creek, it
will be in Ojibwe. If we build a fire, it
will be in Ojibwe," Smallwood said.
For infonnation about the center or to
register for classes, call 1-877-654-
2934.
Wisconsin Indian leader denounces casino
hearing as 'a charade'
Excerpted from Pat Doyle
.S'/</r Tribune
lt was billed as a public hearing
where developers ofa proposed casino
in I ludson ami opponents ofthe idea
; could bring experts to talk about its potential environmental impact.
But the debate turned decidedly one-
i sided after the leader of one ofthe Wis-
1 consin Chippewa tribes seeking a casino at the St. Croix Meadows dog
j track denounced the hearing as "a cha-
I rade"and walked out.
Lac Courte Oreilles Chairman
gaiashkibos said the tribes will not call
experts to explain or defend their proposal. And he accused the Minnesota-
Wisconsin Boundary Area Commission of raising false concerns about a
casino's environmental impact.
Testimony at the hearing could become a factor in the ultimate decision
by the federal government to approve
or reject a casino at the dog track.
Florida gambling entrepreneur Fred
Havenick, who owns St. Croix Meadows, and three Wisconsin Chippewa
tribes want to rum 55 acres at die track
into an Indian reservation for a tribal
casino. The casino would bail out the
financially ailing track and send
money to the Lac Courte Oreilles, Red
Cliff and Mole Lake Chippewa, whose
reservations are 80 to 200 miles from
Hudson.
They need the approval ofthe U.S.
Department ofthe interior to create a
new reservation at tlie dog track. The
department is prohibited from doing so
unless it detennines that a casino
HUDSON to pg. 8
Northern Lights Casino begins expansion
By Judy Merritt
Cass Lake Times
On the 10"1 anniversary of tlie opening ofthe Northern Lights Casino, dignitaries from both the city of Walker
and die Leech Lake Tribal Council
stood widi shovels in hand to break
ground for the new casino.
Construction for tlie new facility,
which will be located behind the old facility, is scheduled to start on July 24
and is scheduled to open on May 25,
2001.
The existing building will be removed
and the area where it stands will be constructed into a ceremonial entrance
drive in the architectural style ofthe traditional long lodge.
In his welcoming address, recently
elected tribal chairman Eli Hunt stated
that this expansion signifies the 2nd decade of excellence and growth. It is
opening a door for more growth within
the city of Walker, the tribe and die surrounding area.
1 The proposed new facility will house
1,000 slot machines with the space for
expansion to include an additional 400
slots. The current building has 500 slot
machines.
The expanded facility will create 200
additional jobs, making the casino the
largest employer in Cass County.
The architects integrated die concept
ofthe northern lights into the design of
tlie building. The center ofthe building
will be topped by a dome, with light
GOP apologizes for move to end
Indian self-rule
Taking Golden Shovels in hand, dignitaries from the area, including Eli Hunt,
newly re-elected chairman ofthe Leech Lake Tribal Council, and Walker Mayor
Brad Wahlof, broke the ground for the new Northern Lights Casino.
projected into die dome to assimilate die
northern lights.
Plans also include the use of locally
based natural material such as stone,
wood and birch bark to adapt cultural
icons and imagery into the current use
ofa casino setting.
In a short address at the ceremony,
Stacey Lundberg from the Walker
Chamber of Commerce stated that the
inquiries about the casino and its new
development have skyrocketed in the
past year. She sees the casino as a way
to expose visitors to die area and other
attractions that it has to offer.
The construction ofthe new casino
and restaurant is the first of three phases
of constniction planned forthe site.
Phase 2 will be the constniction ofa
hotel and convention center and Phase 3
is called Destination Resort.
Tlie groundbreaking ceremony
opened with a pipe ceremony conducted by George Whipple Sr. accompanied by an honor song by the Cass
Lake Singers.
By David Amnions
Associated Press
OLYMPIA, Wash. —The state Republican Party, scrambling to undo
some ofthe damage from a recent resolution against tribal sovereignty, on July
16 apologized and offered a substitute
statement that affirms Indiaas' right to
self- govern.
Tlie new resolution, adopted by die
GOP state execufive board at the suggestion of party Chairman Don Benton,
| is the latest effort at damage control.
a Tribes, human rights groups, Democrats
I and newspaper editorials have denounced a statement quietly adopted at
: die state GOP convention in June in
Spokane.
U.S. Sen. Slade Gorton, state House
I Co-Speaker Clyde Ballard and GOP
{ gubernatorial frontninner John Carlson
I all have distanced diemselves from their
i party's original resolution. Party leaders
I have expressed concern that accusations
] of bigotry will give Democrats a wedge
| issue to use against the GOP, possibly
I hurting George W Bush's attempt to
j carry the state in the presidential race
\ and blunting the party's efforts to reach
j out to minority voters.
The original resolution, sponsored by
John Flerrting, a Skagit County non-Indian who lives on the Swinomish Reservation, calls forthe federal government
to "take whatever steps necessary to ter
minate all such nonrepublican fonns of
government on Indian reservations."
Benton, elaborating on what he called a
"clarification" ofthe convention's intent, said Fleming was "frustrated widi
the lack of representation for nontribal
members on reservations, and sought
equal representation for ail reservation
citizens tiirougli his resolution."
The new resolution, adopted under a
rule that allows the executive board to
act for the party between conventions,
blames the media for the outcry. "The
media has misquoted and misrepresented die content ofthe resolution,,
while printing inflammatory comments
from individuals with NO authority to
speak for the Republican Party," die
resolution said.
The original language did not call for
an end to tribal sovereignty or tennina-
tion of any treaty, and did not denigrate
tribes "in any way," the party insisted.
The GOP is pledged to working with
Indians on a variety of issues, the party
said.
The state party offered an apology,
saying it "duly regrets any anxiety or
discomfort caused by this resolution
and that we, as a party, recognize and
reaffirm our continuing and ongoing
support for Native American sovereignty as well as their ability and right
to self-govern as detenuined by legal
treaties signed widi die United States of
America."
House Panel
rejects tribe tax bid
By Mad Kelley
Associated Pivss
A House panel on July 19 rejected a
proposal to punish tribes diat do not
collect state sales taxes on gasoline and
cigarettes sold by reservation businesses.
The House Resources Committee <
killed the plan on a 23-15 vote, also rejecting a compromise from committee
Chainnan Don Young, R-Alaska.
The original bill would have allowed
the federal government to revoke the
reservation status of land used by Indian businesses that do not collect state
sales taxes. Young's proposal would
have allowed the federal Interior and
Justice departments to collect state taxes
from tribes that refuse to collect them.
Groups of businesses have complained to Congress that Indian reservation smoke shops and gas stations that
do not collect state taxes unfairly undercut their non-Indian competitors on
prices. The U.S. Supreme Court has
niled that states can tax sales by reservation businesses to non-Indians.
Opponents said both measures were not
necessary, saying only 22 of die 558
American Indian tribes were refusing to
collect state taxes. States can either negotiate agreements with tribes to collect
the taxes or collect taxes on gas and
cigarettes at the wholesale, level, bypassing the tribal businesses entirely.