Native American Press / Ojibwe News (Bemidji, Minnesota), 2000-11-03

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INDEX
News Around Indian Country
News Briefs
Commentary/EditorialsA/oices
Smoke Signals of Upcoming Events
Classifieds
Federal judge
reactivates
Kennewick
Man lawsuit
pg6
One year ago: In
loving memory of
Brenda Renae
Swearingen
pgs
Native American
Equal Rights Act
introduced
pg4
Nader calls
on company
to drop
Crandon Mine
plans in Wise.
pg4
Bush,
Gore on
Indian
issues
pg4
American Indian
board proposed to
educate public on
issues
Excerpted from Jason Skog
Duluth News Tribune
Citing a "huge information gap,"
Duluth City Council President Greg
Gilbert is proposing the creation of an
American Indian commission to address concerns ofthe city's largest minority community.
Gilbert will meet with members of
the American Indian Values Forum in
City Hall and discuss how such a commission might be formed and how it
might work.
"It's time to bring Indian issues to a
higher level for dealing with them in
the city of Duluth," Gilbert said Oct.
27. "The purpose would be possibly
advocacy, but more important, to educate the general public about what are
American Indian issues in the community and what are the ways we can deal
with them.
'There's a huge information gap," he
added.
Members of Duluth's American Indian community were pleased to hear
ofthe upcoming talks and tlie possibility of their own commission.
"I think it's really needed here," said
Ron Boshey, an American Indian who
DULUTH to pg6
Veterans' Day ceremony at
Coldwater Spring
By Cheryl Lewis Fields
For the second year Veterans for Peace (Chapter 27)
has selected Coldwater Spring
in Minneapolis as the site for
their annual observance of
Veterans Day on Saturday,
November 11 at 11 a.m.
Coldwater Spring which
has now been declared a sacred site by all four
Minnesota Dakota tribes remains at the center of long
opposed highway and airport
construction, a controversy
quickly heating up again
pending the sale ofthe Spring
to The Metropolitan Airport
Commission (MAC).
"This an appropriate time to come
together to recommit ourselves to
peace," says Veteran for Peace Steve
McKeown pointing out the federal
holiday was originally observed as Armistice Day commemorating the signing of the Armistice ending World War
I - "ihe war to end all war."
Reaffirming that lasting peace is
built on justice and reconciliation bom
of mutual respect of one another and
tlie earth, the gathering honors those
who have fought for and those who
continue to fight for justice both in far
away lands and here at home. Veterans
for Peace will be hosting the obser-
Voice     of     t he     People
web page: www.press-on.net
Veteran for Peace Steve McKeown (left) and
Bob Brown (right), Mendota Mdewakanton
Dakota Chair will host Veterans Day gathering
Native
American
Press
#
<ie&
Ojibwe News
vance with the Mendota Mdewakanton
Dakota Community (MMDC) and the
Preserve Camp Coldwater Coalition
with host drum Thunder Nation.
The pending sale to MAC expected
to close around year's end, brings a
new urgency to preserving the area and
Veterans for Peace hope their stand
with the NativeAmerican community
Will strengthen the call for justice.
Historically Camp Coldwater Spring
is significant to NativeAmerican and
also Minnesota state, federal and military history. Many Dakota creation stories are tied to this area often referred
COLDWATER topg6
We Support Equal Opportunity For All People
A weekly publication.   Copyright, Native American Press, 2000
Minnesota man pleads guilty to
selling American Indian items
David Chanen
Associated Press
A Stillwater, Minn, man pleaded
guilty Oct. 31 to charges of selling
American Indian cultural items containing eagle feathers.
Timothy P. Komwolf, 54, was accused of violating two federal laws
that protect bald and golden eagles
and make it illegal to sell their feathers. Komwolf agreed to the plea under the condition that the government allow him to challenge the
laws, his attorney, Robert Miller,
said.
In 1979, the U.S Supreme Court
ruled that the two laws prohibited
the sale of Indian artifacts containing golden eagle feathers even if
they predated the laws, Miller said.
Komwolf admitted selling a Sioux
dance shield with eight feathers for
$7,000 and a headdress for
$15,000, the U.S. attorney's office
said.
Komwolf s great-uncle collected
the items when he worked for the
Buffalo Bill Wild West Show in
1904, Miller said. U.S. District
Judge David Doty had said that he
had to follow the 1979 Supreme
Court decision, Miller said. But
Komwolf wants the law reconsid-
INDIAN to pg 6
Governor Ventura not looking to
expand gambling
By Brad Swenson
Bemidji Pioneer
Gov. Jesse Ventura won't propose
the expansion of gambling in Minnesota, but he may consider legislation reaching his desk.
The Legislature last year extended
gambling to Canterbury Downs, allowing a "card club" on the premises. Other proposals have ranged
to allowing video slot machines in
bars across Minnesota.
Much comes in opposition to gaming operations on American Indian
reservations in Minnesota, as lawmakers seek to even the playing
field. Also, local governments bemoan expenses of providing public
services, namely roads and law enforcement, to casino areas while the
casinos don't pay taxes.
"It's not on my barometer and
hasn't been," Ventura said of expanding state-sanctioned gambling,
while speaking to Pioneer editors
Gov. Jesse Ventura
and writers
recently in
Bemidji.
"I'm not going to cany
a bill for it,
so unless a
legislator
does...
"I never
gamble myself. I've
never even
been in one,"
he added of Indian-operated casinos
in Minnesota. "But again, 1 don't
forsake anyone. If people want to
spend their money, it's their business. It's their entertainment dollar,
not mine."
Relations with Minnesota's Indian
nations have been tough for
Ventura. He offended many early in
his administration when the U.S.
VENTURA to pg 5
Court to decide
limits of
sovereign
immunity off
tribal land
Associated Press
WASHINGTON - The Supreme
Court agreed Oct. 29 to decide
whether an Oklahoma Indian tribe
can claim immunity from a lawsuit
filed over a construction project off
tribal land.
The Citizen Potawatomi Nation in
Shawnee claimed that it could not be
sued after changing terms ofa con-
stmction contract for a new bank
building. The tribe owned the property, but it was outside the boundary
ofthe Potawatomi lands.
Indian tribal government has the
power to make law, sign contracts and
other duties ofa sovereign government.
Tlie construction contractor claimed
that the tribe is not immune from
lawsuit over the property, and that
even if it were immune the tribe
signed away that protection when it
agreed to the construction deal in
1993.
The tribe's contract with C&L Enterprises included a provision that
disputes were to be settled by arbitration. The arbitrator awarded C&L
$25,400 plus legal fees and other
costs. The Potawatomi claimed immunity when the contractor sued in
local court in Oklahoma City to enforce the judgment Later, a state appeals court later reversed the judgment.
Earlier this month, the court agreed
to clarify whether state officials can
be sued in Indian tribal court over actions taken on an Indian reservation,
hi that case it is state officials who
claim sovereign immunty.
Tlie case is C&L Enterprises v. Citizen Potawatomi Nation, 00-292.
BIA preparing to tighten rules on
American Indian status
Associated Pi-ess
SIOUX FALLS, S.D. - The Bureau
of Indian Affairs is revising rules on
blood lines that are used to determine
American Indian status and the federal
benefits that go with it.
The government allows tribes to set
their own membership standards. But
it also uses blood quantums to decide
whether a person is eligible for health,
housing, food and other benefits provided through the reservation system.
Those who are not members ofa
federally recognized tribe can qualify
by proving to the BIA that they are
one-half or more Indian with blood
from tribes indigenous to the United
States. A few programs use one-quarter
Indian blood.
Changes proposed by the BIA
would formalize policies, many of
which do not exist in writing, officials
say.
The BIA is accepting response on its
final regulations through Dec. 20.
The proposed rules could take effect as
soon as next year.
Many oppose the change because
they argue a standard blood formula
could regulate Indians out of existence.
While blood lines thin for all ethnic
groups when people intermarry with
other races, only the Indian population
stands to lose significant federal benefits should it one day cease to exist in
the government's eye.
"Before long, there'll be no Indians.
What the hell's going to.happen then?
It's potentially disastrous for tribes,"
says Leonard Bruguier, a Yankton
Sioux and college professor who
heads the University of South
Dakota's Institute for American Indian
Studies.
The BIA began work to tighten
policies after the Interior Board of
Indian Appeals, acting on a 1986
Oklahoma complaint, alleged the
government had wrongly denied an
Indian recognitioa It found that some
record keeping was incomplete or inconsistent.
The panel said changes or corrections were made without indication of
who made the alterations or why. As a
result, the appeals board says, some
people have not received services
which they should have. Others may
have received benefits for which they
didn't qualify.
Duane Bird Bear, chief of the BIA's
tribal government services division,
insists the bureau's work is a matter of
clarifying and streamlining policies.
But tlie fear does exist, something
Bird Bear acknowledges: "People are
afraid they'll get cut off, and there is
substance to their concerns."
A draft policy states that tribes will
still have autonomy in setting
their membership standards. Senate
BIA to pg 5
Red Lake student
production part of
Native American
Film Festival in
New York
By Robby Robinson
Bemidji Pioneer
The Creative filmmaking efforts of
Red Lake High School students involved in Project Preserve will be
honored next month when the student production of "Turnover" is presented as part ofthe Native American
Film and Video Festival at the
Smithsonian National Museum ofthe
American Indian in New York City.
Red Lake High School 2000 graduates Frank Johns and Dwight Stately
will be accompanied by teacher
Diane Schwanz and para-professional Don Kingbird to New York
Nov. 13-19, where they will present
their video, first to other student producers and then to the public.
The festival is internationally recognized as a showcase for new and outstanding productions by and about
native people in the continental
United States, Hawaii, Canada and
Latin America.
The selection process was highly
competitive, according to Elizabeth
FESTIVAL to pg 6
Founded in 1988
Volume 12 Issue 54
November 3, 2000
Photo: University of Minnesota News Service
U of M American Indian students sing,
dance in historic homecoming parade
By Bob San
University News Service
Last Saturday's University of
Minnesota homecoming parade
had a very rare float—one by the
U's American Indian Student Association (AISA). No one at the U
can remember when or if an
American Indian float ever participated in a U of M homecoming parade, but this year's AISA members decided to break the drought.
The float included a teepee, a
drum group, dancers, star quilts
and displays of Indian chiefs and regalia. "We are very excited," said
Jackie Blackbird, a U senior who
initiated the idea. "I've watched the
parade but I've never been in it. I
went to the board and said we
should get involved. Tlie theme of
homecoming is 'A Quest through
Time.' I thought it's kind of cool because it could mean the future or the
past. American Indians have been
around for so long in this country
and at the U, but we seem to be
underrepresented. We want to get
the exposure, to show that we are
here and to promote cultural
awareness."
The students certainly received
plenty of exposure as they sang
and danced in front of thousands of
fans who braved the chilly morning
air to line University Avenue. The
Indian students joined about 100
floats representing U student
groups, sports teams as well as
many politicians. They also received front-page coverage in the
Star Tribune on Saturday, Oct. 28,
and they were on several radio and
television broadcasts.
Commissioner to take a stand on Indian
mascots, names
Associated Press
ALBANY, NEW YORK - The
state is still preparing a long-awaited
position paper on whether schools
should use Indians for mascots, a
question that has divided at least one
community and triggered violence
and threats.
Education Commissioner Richard
Mills is expected to act soon, but it is
unclear exactly when, said state Education Department spokesman Bill
Hirschen. Schools had expected a
pronouncement from the commissioner on the politically charged issue as early as June.
Mills is considering the results of
surveys of schools and has discussed
the issue with local school officials,
Hirschen said. While it is uncertain
what side of the issue Mills will
come down on, a trend appears to be
emerging, according to data compiled by the state attorney general's
office. That office would have to defend the commissioner's action if it
leads to litigation.
The data includes:
'• Since 1970, more than 600 universities and high schools nationwide
have dropped Indian names and images.
• In 1994, Wisconsin's education
department issued a directive
"strongly urging" all schools to discontinue using Indian mascots. Los
Angeles and Dallas schools have
done the same thing.
• In 1999, the U.S. Department of
Justice Civil Rights Division closed
its investigation ofa North Carolina
school district that called its team the
squaws only after the district committed to eliminating use oflndian names
and symbols.
"Tlie state commissioner should order a directive to the schools to start
the process of change," said Wabun-
Inini of the National Coalition on Racism in Sports & Media, part ofthe
American Indian Movement. He said
that after tlie group lobbied Minnesota
to ban Indian mascots, the state's recommendation prompted 41 high
schools to drop the images in 20 years.
Nine schools still carry the Indian images, he said.
A member ofthe White Earth
Anishinabe ofthe Ojibwa Nation in
northern Minnesota, Wabun-lnini said
the images and names are
offensive.But many school officials argue that they are honoring Indians with
their mascots.
Joseph Doan, a board member in the
2,300-student Onteora School District
in the Catskills that recently reinstated
the Indian images amid an uproar, has
said many residents there view the Indian as a symbol of honor and a champion of environmental protection, in a
survey, nine of 10 students agreed.
"Our Indian has nothing to do with
degrading Indians. It's our symbol
and we're proud of it," Doan said.
Onteora has used Indian images since
the early 1950s on the gymnasium
floor, posters in the football stadium,
"totem poles" in the cafeteria and in
yearbooks. A mascot dressed in buckskins leads cheers, a "tomahawk
chop" is used by fans, cheer-leading
songs and chants at games mimic Native American religious songs and the
prom is called the "tomahawk dance."
There was no reported complaint,
however, until three years ago. Since
then, the issue has ripped through the
small community.
"I think it's highly important for
there to be some kind of guidance
and direction from the state," said
Onteora Superintendent Hal Rowe.
"This has created significant conflict
in our school district."
He said the district had hoped for
Mills' comment in the summer, then in
September. Now he expects it after
Election Day.
Although tlie issue hasn't been on
the school board agenda for months,
residents still comment on it at every
board meeting. On some nights, vandals drove nails and screws into car
tires in the parking lot.The acrimonious campaign also left the school budget rejected, and the district is operating on an austerity budget.
When pressed for an opinion on the
controversy, Rowe, whose job is to
administer the school board's policy,
said he supports the ban on Indian
names and images.
"1 think you have to ask what makes
one group ofpeople think they have
the right to make another group their
mascot."