Native American Press / Ojibwe News (Bemidji, Minnesota), 2001-03-02

              INDEX
News Around Indian Country 2
Commentary/Editorials/Voices 4
Smoke Signals of Upcoming Events    5
Classifieds 6-7
When it comes
to hate speech
Russell Means
excels
pgs
Tsianina
Lomawaima to
speak at U of MN
pgs
Tribes call new federal
land trust regulations
"mixed bag"
pgi
Commentary
Red Lake bottled
water boondoggle
pg4
Yet another
reservation
boondoggle?
pgi
Yet another reservation boondoggle?
A history ofthe Red Lake Water Bottling Plant
Voice     of     the     People
By Bill Lawrence and Clara
NiiSka
"at least thirty jobs"
Red Lake Reservation—In early
March, arctic winds still blow across
the ice ofthe Red Lakes, piling
snowdrifts against the south shore.
And, in the town of Redby, drifting
snow gusts across the empty parking
lot ofthe bottled water plant. The
$2.1 million federally funded Water
Bottling Plant opened less than a
year ago, and was to provide at least
thirty jobs to the economically hard-
pressed Red Lake reservation.
In early March 2001, the plant sits
idle. Plans for extensive marketing
of Redby water, packaged as "Nibi,"
have resulted in plastic bottles of
water sold at the tribal ly-owrted trading post. The product is not on the
shelves of even the other retail stores
on the reservation. There are allegations that money is still owed to
people involved in the initial planning and management phases ofthe
bottled water project.
July 1998: $368,000 EDA Grant
Two and a half years ago, in July
Native
American
Press
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Ojibwe News
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Red Lake Tribal business planner Quentin Fairbanks (left) and Red Lake Tribal
Chairman Bobby Whitefeather stand behind a sing proclaiming the new
bottled water plant being constructed in Red Lake.
Founded in 1988
Volume 13 Issue 15
March 2, 2001
1998, Congressman Colin Peterson
announced that the Economic Development Administration had
awarded $368,000 to the Red Lake
Band for bottling water. According
to public relations releases in the
early fall of 1998, the Redby plant
was scheduled for completion by
February 1999.   Project coordinator
Quentin Fairbanks announced that
RED LAKE to pg. 6.
Tribes call new federal land trust regulations 'mixed bag'
Change could affect Minnesota
By Frederick J. Frommer
Associated Press
WASHINGTON -American Indian
tribal leaders are recommending endorsement of new federal rules on the
placement oflndian land into tax-exempt federal trust, despite serious objections to some ofthe provisions.
Tribes are happy that the new regulations, passed in the final days ofthe
Clinton administration, establish clear-
cut standards and timelines for the process. But they are upset that the regulations would make it harder for them to
put land off their reservations into trust.
The Bush administration is reviewing
the new regulations, along with countless others that were passed at the end
ofthe Clinton administration. The land
trust regulations will take effect March
17 unless the Department of Interior decides to modify or scrap them.
Federal trust status removes the land
from tax rolls and exempts it from zoning controls and other regulations. It is
designed to help tribes recoup some of
the land they lost in the late 19th century and early 20th century, when the
government's allotment policy cost
tribes two-thirds of their land. About 8
percent has been reacquired.
Tribes made wealthy by gambling interests have stepped up their purchases
of land on and off their reservations in
recent years, leading to conflicts with
local communities. Sometimes, those
conflicts arise when tribes seek to place
casinos on the land; in other situations,
local communities resist tax-exempt
commercial development that they say
would sap their tax base.
In Minnesota, the Shakopee
Mdewakanton Sioux Community faced
local opposition in 1998 when it tried to
place 593 acres of land in Scott County
into trust for commercial and residential
development. The BIA denied the application, but the tribe has a new application pending, this one for 776 acres to
be used exclusively for housing. The
county, state and cities of Shakopee and
Prior Lake all oppose it.
The new land trust rules were first
proposed nearly two years ago. The final version was announced on Jan. 16,
four days before President Bush's inauguration.
"It's kind ofa mixed bag," said Tex
Hall, chairman of Three Affiliated
Tribes in North Dakota.
But Hall, who chaired a National
Congress of American Indians task
force that pushed for improvements to
the new rules, urged Indians to support
them at the NCAI's annual meeting this
week.
REGULATIONS to pg. 5
Sixth annual Red Lake Days
Norton promises American
Indians better schools
By John Heilprin
Associated Press
WASHINGTON - Interior Secretary Gale Norton emphasized education in outlining her Indian affairs
agenda Feb.
21, promising to replace
some schools
immediately
- including
 lone in Wash-
Interior Secretary ington state -
Gale Norton           and to attend
to a backlog of repairs in others.
The $129.2 million earmarked for
replacing the schools had already
been included in the Clinton
administration's $9.4 billion Interior
Department budget, approved by
Congress.
The Lummi Tribal School near
Bellingham, Wash., is among those
to be replaced.
In her first address to American
Indian tribal governments, Norton
promised to consult tribal governments in federal decision-making
but asked for patience as she learns
more about Native American-related
issues.
"I take very seriously my responsibilities as the trustee for Indian
lands and assets," Norton told the
National Congress of American Indians' executive council winter session.
She also underscored her experience dealing with Indian issues as
Colorado attorney general while outlining an agenda that gives top billing to Indian education and school
facilities.
"I see that as one of my top priorities. There is no more important priority than our children who are our
future," Norton said. "We must give
every Indian child the opportunity to
learn the skills necessary for the 21st
century. This will be their key to a
brighter future."
Norton said the Bush administration would work with Congress to
relieve the repair backlog and to
"immediately provide the funds to
replace six schools" based on an existing funding priority list.
During his campaign, Bush promised to replace the six schools and to
work with Congress to find $802
million for repairs at other schools.
NORTON to pg. 6
Sisseton-Wahpeton Tribe to
get $6.7 million for new school
Associated Press
ABERDEEN, S.D. - The Sisseton-
Wahpeton Tribe in northeastern South
Dakota is getting a $6.7 million federal grant to build a new school for
kindergartners through 12th-graders,
it was announced Thursday.
The money comes after a 10-year
effort to secure funding for the school,
which will be 10 miles south of
Sisseton. Construction is to begin this
spring and be finished in May 2002.
The Bureau of Indian Affairs Office
of Facilities Management and Construction in Albuquerque, N JM, made
the announcement ofthe funding.
The 40,000-square-foot building
will replace the existing TiospaZina
School, whose enrollment is 400. The
new school will accommodate a projected enrollment of 532 and will bear
the same name.
The tribal school opened in 1982
with 12 students. Part of it was remodeled last year, but Superintendent
Roger Bordeaux said the grant is welcome news. The school does not have
adequate space and is not energy-efficient, he said.
"We've been fighting to get something done for so long now. It's a
dream come true," he said.
Ponemah Councilman Rudy Johnson and Red Lake chairman Bobby
Whitefeather head the food line atthe Legislative Reception following the sixth
annual Red Lake Days atthe Capitol in St. Paul on February 28. The reception
was held at the Radisson Hotel in downtown St. Paul. Approximately 230
, Jpeople attended the dinner, speeches and awards, including about sixty people
the tribal council brought from Red Lake. The featured speaker, Minnesota
Lieutenant Governor Mae Schunk, stressed the importance of education and
identity. The legislative reception also included a "Red Lake 'Project Preserve'
Film Festival" showing Indian Humor, Mother Earth, and Turnover.
Photos by Clara NiiSka
Rosebud hog farm in court
By Carson Walker
Associated Press
VERMILLION, S.D. - Attorneys
argued Feb. 26 over a huge hog
farm being developed by a North
Dakota company near the Rosebud
Indian Reservation.
A three-judge panel ofthe 8th
U.S. Circuit Court of Appeals heard
arguments at the University of South
Dakota School of Law over the
project developed by Sun Prairie, a
partnership primarily owned by Bell
Farms of Wahpeton. N.D.
Sun Prairie built 24 hog barns in
1999 on tribal trust land along South
Dakota Highway 44.
Terry Pechota, a Rapid City lawyer representing the Rosebud tribe,
said more infonnation is needed to
know whether the project is safe for
the environment.
"Instead of slowing down and doing a full environmental impact
statement, Bell Farms speeded up,"
he said. "The tribe wants to know
the total amount of hog manure that
will be out there."
Earlier, the Rosebud Sioux Tribe
agreed to lease tribal trust land to
Sun Prairie in exchange for part of
the profits. The tribe now opposes
the hog farm.
"This is a cutting-edge project.
This is not an attempt to dump
waste on the Rosebud reservation,"
argued Greg Fontaine, Sun Prairie's
Minneapolis lawyer. "There's no environmental harm. That's what
everybody's found," he said.
The federal Bureau of Indian Affairs initially approved the project
after concluding an environmental
assessment - not a full-blown environmental impact statement - was
enough to show it was safe.
But the BIA reversed its decision
several months later and withdrew
the lease, saying more study was
needed. By that time, Sun Prairie
had started construction.
The tribe and Sun Prairie took the
case to court. Last February, U.S.
District Judge Charles Kornmann in
Aberdeen ruled for the developers,
saying opponents could not interfere. Kornmann's ruling set up the
appeal.
Todd Kim of Washington, D.C, a
government lawyer representing the
BIA, was the first of three lawyers
to argue against Kornmann's ruling
Feb. 26.
The BIA could change its mind on
the lease after deciding a more in-
depth environmental impact statement was needed if the project was
to comply with environmental law,
he said.
"Agencies shouldn't be faulted for
trying to fix their mistakes. They
should be commended," Kim told
the judges.
James Dougherty of Washington,
D.C, represented four groups op-
• posed to the project: South Dakota
Peace and Justice Center; Prairie
Hills Audubon Society; Humane
Farming Association, an animal
rights group; and Concerned Rosebud Area Citizens.
Dbugherty argued that the lawsuit
brought by Sun Prairie should be
dismissed because the company has
no jurisdiction. Private contractors
cannot sue when they disapprove of
a governmental decision, Dougherty
said.
Fontaine argued the BIA gave no
good reason for reversing its decision.
ROSEBUD to pg. 6
Hunt delivers Leech Lake's annual
State ofthe Band Address
Eli Hunt
By Devlyn Brooks
Bemidji Pioneer
CASS LAKE, Minn.—In his second annual State ofthe Band Address
Feb. 20, Leech
Lake Tribal
Chairman Eli
Hunt urged his
fellow band
members not
to fear change,
a necessary ingredient to
helping Leech
Lake become
self-sufficient.
 H   "Let us
not. ..stagnate
or be satisfied with the status quo,"
said Hunt, who spoke for about 35
minutes at the band's Palace Hotel
and Casino west of Cass Lake. "Our
ultimate goal is to be self-sufficient
and independent... .Then, we must
not fail but rather be able to achieve
these goals or make significant
progress. If there is no progress, we
all lose."
Similar to Leech Lake's first-ever
State ofthe Band Address last year,
Hunt detailed several major band accomplishments in 2000, but also
charged each ofthe band's 30-plus division heads to accomplish more and
tackle new issues.
More than 250 people attended the
event, which was followed by a community feast. The speech was preceded by a traditional pipe ceremony,
flag ceremony and flag song.
"I bring with me our hopes and
dreams that together we can achieve a
greater and more prosperous home for
our people," Hunt said in his opening
remarks. "1 ask for your help and cooperation as we strive to ensure that
tribal government will make good and
wise choices for your benefit."
Hunt highlighted accomplishments
in more than a dozen tribal divisions -
including gaming, housing, health
and the legal department - adding that
there was too little time to mention all
ofthe progress the band's various divisions made last year.
But among the important accomplishments, he said, was the formation
of an internal audit department. To enhance fiscal responsibility, the Leech
Lake Tribal Council hired an internal
auditor who was charged with
strengthening the internal control environment throughout each tribal pro
gram, he said.
"(The department's) purpose is to
ensure fiscal integrity, compliance
with federal, state and band laws in
approved procedural operations,"
Hunt said. "It will provide for review
and analysis of financial statements,
detailed audits ofall program accounts to ensure that funds are properly accounted, ensuring that accounting systems and procedures are being
followed."
Also at the top of Hunt's list of accomplishments, were the financial
commitments the Tribal Council
made to education. The council upped
the annual funding it provides to
Leech Lake students attending higher
education facilities and the number of
band members entering post-secondary education institutions is growing
about 30 percent annually, he said.
Hunt said the tribal council also established an independent board of
trustees for Leech Lake Tribal College, which is an accredited vocational school. The new board now
oversees all functions ofthe school, a
responsibility previously held by the
Tribal Council.
In addition, the band's Head Start
and childcare programs merged last
year and are now housed in a newly
constructed building. Finally, he said
the Tribal council appointed a new independent school board to oversee the
operation ofthe band's K-12 Bug-O-
Nay-Ge-Shig School.
"Our education programs are a top
priority," he said.
Hunt also touched upon the band's
gaming revenues, which has increased
exponentially in four years. He said
the gaming operation's gross revenue
has grown 41.81 percent from 1997 to
December 2000. Net revenues are up
83.64 percent during this same period
and more ofthe gaming money is
now being spent on Leech Lake tribal
programs. Payroll has increased 35.29
percent.
The chairman also touted the band's
new White Oaks Casino in Deer
River, which was constructed in 2000,
and the soon-to-be finished expansion
ofthe Northern Lights Casino in
Walker.
"In reviewing the last three years of
our gaming operations, it has shown
tremendous growth with record
progress and accomplishment,' he
said. "A new management philosophy
emphasizing pride, self-reliance and
HUNT to pg. 5
Governor Scott
McCallum
McCallum won't
meet with Oneida
until annual
payment received
Associated Press
GREEN BAY, Wisconsin -Gov. Scott
McCallum will not meet with leaders
from Oneida Tribe of Indians of Wisconsin until the state receives a $4.85
million annual payment as required by
its gaming
compact with
the state.
In late December, tribal
leaders announced that
they had placed
the funds in an
escrow account.
The leaders said
they asked for a
meeting with
the governor to
^^^^^^^^^^^  discuss what
they claim is the state's failure to spend
past gaming revenue sharing checks according to the compact.
"Right now there is an agreement that
is not being abided by," McCallum told
the Green Bay News Chronicle Feb.
21. "Without agreement, that compact
ends."
In January, fonner Gov. Tommy Thompson issued a notice that the compact will not be renewed when it expires in May 2003.
McCallum reiterated Feb. 21 that he
did not support expanding gambling in
Wisconsin and said the notice of
nonrenewal will not be lifted without
the payments.
Administration Secretary George
Lightbourn, who also visited the newspaper, said the payment language is
"very plain" and is included in the
gaming compacts with each ofthe
state's 11 tribes.
"It is not a remedy ofthe tribes to be
able to withhold a payment," he said.
The state has filed a dispute resolution
document as provided in the compact,
Lightbourn said.
In withholding payment, the tribe
said Thompson failed to fulfill a pledge
to use his best efforts to expend the
gaming compact payments to promote
tribal economic development, regional
economic development near the tribe,
and state tourism, and to subsidize programs and services of local governments surrounding the tribe.
Thompson resigned Feb. 1 to become President Bush's health and human services secretary.
.