Native American Press / Ojibwe News (Bemidji, Minnesota), 2001-06-22

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index UND
News Around Indian Country 2
Commentary/Editorials/Voices 4
Smoke Signals of Upcoming Events 5
Classifieds 7
CHANGE
THF MAMC pg 4
Top 10 reasons
why Indian
mascots in
sports should
disappear
Former director of
TERO charged with
embezzling
pg3
Judge hears Human rights
arguments on       advocates face uphill
Kennewick Man    struggle for justice
pg4
pgi
Commentary
Tribal courts run
amok
pg4
White Earth
casino
audits made
public
By Bill Lawrence
According to audited financial
statements Press/ON obtained
from an anonymous source, the
Shooting Star Casino and Hotel
owned and operated by the
White Earth Band of Chippewa
Indians reported net income of
$6,030,551 in fiscal year 1999
and $3,536,560 in 1998. The casino, which opened in May
1993 is located in Mahnomen,
Minnesota on the White Earth
Reservation, had total revenues
of$42,602,696inl999and
$35,414,163 in 1998.
The CPA firm of Joseph Eve
& Company of Great Falls,
Montana prepared the audits for
the Shooting Star casino.
In May 2001, the White Earth
Band completed a $31 million
expaasion and refinancing of tlie
Shooting Star Casino and Hotel.
The expansion project included
the construction ofa 66,000
square-foot convention center,
108 new motel suites, a second-
story walkway between the motel and casino and additional
space for 300 more slot machines. The expansion was expected to add 100-150 new jobs
to the 950 previously employed.
Repayment ofthe S31 million
in investment bonds, which financed the casino expansion is
estimated to be $400,000 per
month. Tlie maturity date ofthe
bonds is December 2011.
AUDIT to pg. 4
INDIAN COURTS
A BRIEF HISTORY
THIS WEEK! QUASI-LEGAL COURTS AT RED LAKE
by Clara NiiSka
(continued from last week)
Last week, Press/ON reprinted
brief excerpts from the Annual Reports ofthe Commissioner of Indian Affairs in 1886 and 1888.
The "courts of Indian offenses"
were formally proposed in late
1882 by the Indian Commissioner,
and established with the "approval" ofthe Secretary ofthe Interior onApril 10, 1883.
The late 1800s were an era when
political leaders like Senator
Dawes—also chief author ofthe
General Allotment Act—exhorted
other policy-makers that "the Indian ... is to disappear." At that
time, the main debate was whether
"the vanishing Americans" were to
be completely annihilated, or
merely "civilized." Tlie Interior
Department's establishment of
"courts oflndian offeases" deliberately intended to "destroy the tribal
relations as fast as possible" as well
as to repress religion and culture,
does not seem to have raised much
public concern.
In 1886, three years after the Indian courts had been created by the
federal bureaucracy, the Commissioner of Indian Affairs was still
urging that "they should be placed
upon a legal basis by an act of
Congress authorizing their establishment." Despite its claims to
"plenary authority" over Indians,
the U.S. Congress has never seen
fit to legalize the courts oflndian
offenses. After 118 years, these
"Indian courts" remain "educational and disciplinary instrumen
talities" operating under the "general authority" ofthe Secretary of
the Interior.
Indian tribal governments were
transformed by tlie Indian Reorganization Act (I.R. A.) in 1934.
Tribal Constitutions which "contain all the requirements of an IRA-
document" specifically limit "Indian tribal government" by mandating that most acts of such Indian
governments be approved by "the
Secretary ofthe Interior or his authorized representative." The
I.R.A. also provides that tribal organization chartered under tlie
I.R.A"shall not be revoked or surrendered except by Act of Congress" (25 § 477). With its control
over "Indian tribal governments"
thus thoroughly entrenched, the
Commissioner oflndian Affairs
aid his Bureau oflndian Affairs
(B.I.A.) began claiming that the
courts oflndian offenses and other
"Indian courts" were founded on
"tribal authority" rather than that of
the Secretary ofthe Interior.
The B.I. A.'s notion that the
courts oflndian offenses established by the U.S. government are
somehow really "tribal" has been
entrenched over the past seventy
years. The B.LA.'s fiscal year
2001 budget request to Congress
included more than $145 million
dollars for Indian courts. Tlie
B.I.A. explained its quasi-legal federal instrumentalities—originally
established to destroy indigenous
COURTS to pg. 6
Human rights advocates face uphill
struggle for justice
By JeffArmstrong
As the United States is increasingly taken to task by international
human rights organizations for discrimination and abuses within its
legal system, the Detroit Lakes-
based Anishinaabe Center's Human
Rights Task Force continues to
strive for the creation ofa fonim
which will investigate and act upon
complaints by Natives.
The task force was one of three
organizations in the state to receive
an Allies for Justice award from tlie
Headwaters Fund last week for its
work to create a human rights commission in Becker County, which
extends into a sizable portion ofthe
White Earth Reservation.
Human Rights Task Force staff
member Ed Peterson said a county-
based commission is just one of
several possible remedies to what
he terms the inadequacies ofthe
state human rights commission and
its federal counterpart in addressing
rampant human rights violations
against Natives.
"The state and federal forums
cannot be effective because they're
funded by the oppressors," said
Peterson. "Institutionally, they cannot be effective."
Peterson said that of some 25-30
complaints submitted via the
Anishinaabe Center to the Minnesota Department ofHuman Rights
(MDHR) in the last year and a half,
he knew of none in which the department found probable cause of
racial discrimination. Most were
not even investigated.
"They're not acting on any of our
charges or grievances," said
Peterson. "Everybody we heard
back from got a letter back saying
[MDHR] wouldn't devote their resources to investigating the complaint and that they have 45 days to
file in district court."
According to Peterson, the imposition ofa 45-day deadline and a
seemingly adverse response from
the MDHR only add to die already
overwhelming difficulties ofthe
Center's largely impoverished clientele in obtaining legal representation.
Nor are tlie deficiencies ofthe
MDHR limited to the White Earth
area As part of an investigative report by Minnesota Public Radio entitled Broken Tri4st: Civil Rights in
Indian Country (http://
www.news.mpr.org/prograns/spe-
cials/brokentrust/index.shtml). reporter Dai Gunderson found that
less than 5% of human rights complaints filed with tlie state are ever
investigated.
Peterson said the MDHR, after
initially responding favorably to an
April 30 invitation for a public
meeting at the Anishinaabe Center,
has spumed requests to address
Senator calls for probe of casino
profits - HFD filed
AssociatedPress
BOSTON-U.S. Sen. John
McCain is calling called for an investigation
into the
hundreds
of millions of
dollars
Sen. John McCain       j^.pro
taken by investors in the Mohegan
Sun casino, the Boston Globe reported Thursday.
"It's clealy a subject for a hear
ing before the Indian Aflairs Committee," McCain, R-Ariz., and the
ranking Republican on tlie Senate
Indian Affairs Committee, told the
newspaper Wednesday.
The Indian Gaming Regulatory
Act of 1988 placed a cap of 40 percent on profits developers can receive from casinos started by tribes.
The law also requires review of
side agreements by the National Indian Ganing Commission, to prevent evasion ofthe limits.
The Globe has reported that the
Mohegan's deal with an investor
group, Trading Cove Associates,
may have skirted scrutiny by estab-
SENATOR to pg. 3
Utility tax imposed on reservation
thrown out by federal court
AssociatedPress
BILLINGS - The Assiniboine
and Sioux tribes cannot impose a
utility tax on Burlington Northern
Santa Fe Railroad for crossing the
Fort Peck Reservation, a federal
judge ruled Thursday.
A tribal official said the decision
was a "devastating blow."
U.S. District Judge Jack
Shanstrom's decision adheres to a
long line of recent court rulings
limiting tribal authority to tax non-
Indians on privately owned land
within the reservation, so-called fee
lands.
The U.S. Supreme Court has
held that federally granted rights of
way should be treated as fee lands.
The railway's rights of way through
the reservation in northeastern
Montana were granted by Congress
in 1887.
"I'm still kind of numb," said
Mervyn Shields, director ofthe
tribes'tax department. "We thought
TAX to pg. 3
Tribes haven't
outright rejected
state's revenue
sharing proposal
Associated Press
Indian tribes negotiating agreements tliat allow casinos in Arizona haven't outright rejected a
proposal to share gambling revenue with the state.
But discussions ofthe state's
plan to take part ofthe casino winnings keeps getting pushed back,
said David LaSarte, executive director ofthe Arizona Indian Gaming Association.
"A lot of times things get heated
and people say, 'Let's go to something else,'" he said. "We want it
recognized that we ae a positive
impact, off-reservation as well as
on."
State officials negotiating on behalf of Gov. Jane Hull want to take
7 percent of casino winnings.
In exchange, the Indians would get
more regulation of their industry,
less competition from the state lottery and the opportunity to expand
tlieir gambling operations. Most of
the agreements between the state
and the 17 tribal governments that
run casinos expire in 2003.
Hull's negotiators said revenue
sharing is a matter of fairness to
state-taxpaying Arizona busi-
PROPOSAL to pg. 5
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Volume 13 Issue 31
June 22,2001
concerns with the department's
handling of complaints.
In their annual reports this year,
two ofthe largest advocacy groups
in the world, Amnesty International
aid Human Rights Watch criticized
the United States for contravening
intemational human rights law, focusing on violations of tlie Convention on the Elimination of All
Forms of Racial Discrimination
(CERD) and the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT).
The organizations were particu-
laly critical ofthe U.S. for failing
to enact legislation outlawing torture aid for limiting its obligations
to end discrimination to existing
constitutional interpretations by the
courts.
"By requiring proof of discriminatory intent, U.S. constitutional
law erects a frequently insurmountable obstacle to obtaining judicial
relief from criminal justice policies
that have an unjustifiably discriminatory impact. Instead of championing reforms that would reduce
striking racial disparities in, for ex-
anple, tlie rates at which blacks and
whites ae arrested and incacerated
on drug charges, tlie Clinton Administration expressed pride in constitutional protectious that do not, in
RIGHTS topg. 5
POWWOW SEASON IN FULL SWING
For more information about area powwows, turn to page 5 for smoke signals listing.
File Photo
Voters keep
Navajo Nation
from running
its medical
services
Assoc 'luted Press
WINDOW ROCK, Ariz. - Navajo Nation voters decided against
allowing one ofthe country's largest tribes to run its own medical
services rather than rely on federally controlled facilities.
A majority ofthe 87,000 registered voters among the tribe was
required for the referendum to pass.
The vote was 16,255 against the
tribe taking control and 3,710 in favor.
A "yes" vote on the one-paragraph, single-issue referendum ballot prohibited the tribe from future
attempts to take over its health care
system, which is overseen by the
Navajo Area Indian Health Services.
A "no" vote would have allowed
the tribe to continue its pursuit ofa
takeover, which tlie Tribal Council
NAVAJO to pg. 5
New gaming compacts bar
tribal political gifts
AssociatedPress
PIERRE, S.D. - New gaming
compacts between the state and
American Indian tribes prohibit
tribes from using public money to
influence elections.
Although seven ofthe eight
tribes in the state with casinos
have agreed to the restriction,
one lawmaker says they shouldn't
have to.
Sen. Ron Volesky, a Democrat
from Huron, said the governor
shouldn't treat tribes like other
governments.
"They're sovereign nations, if
you want to argue what they ae,"
Volesky said. "They're not
county governments, aid they're
not city councils; they're sovereign nations."
Jennifer Fyten, lawyer for the
Flandreau Santee Sioux Tribe,
said most tribes aren't worried
about tlie restriction because they
don't have much money to put
into political campaigns anyway.
"I can't speak for the other
tribes, but from Flandreau's
standpoint, we have much bigger
concerns to worry about for ser
vices for our people than contributing to campaigns. We're trying
to take cae of things at home."
Terry Marks, secretary ofthe
Crow Creek Gaming Commission also said the casino wasn't
worried about the restriction.
"We don't have a problem with
that," he said. "It isn't going to
affect us."
Volesky said the restriction was
included to prevent American Indiai groups from having any political influence.
"Quite frankly, that political influence is long overdue," Volesky
said.
Issues not related to gaming
shouldn't be included in the compact, he said.
"To bring in another subject
matter such as political contributions is not appropriate. If he
wants to address those issues, he
should do it in a sepaate forum."
Bob Mercer, who has worked
on the gaming issue for Janklow,
said all other forms of government ae restricted from political
donations.
GIFTS topg. 5
Tribe-commissioned study shows casino contributions
TUCSON, Ariz. - Arizona's Indian casinos generated $40 million in state and local taxes and
spent about $254 million on
goods and services last yea, according to a University of Arizona
study.
"It is clea that Indian ganing is
making a significant contribution
to tlie economy ofthe state," said
Stephen Cornell, the study's coauthor and director ofthe Udall
Center for Studies in Public Policy
at tlie university.
The two-month study, which
cost about $20,000, was commissioned by the Arizona Indian
Gaming Association.
Other highlights ofthe study include:
• Indian gaming is a significant
source of jobs for Arizonaas. In
the spring of 2001,9,324 worked
in the industry. For comparison,
the state mining sector employed
9,700 as of December.
• In the spring of 2001,57 per
cent ofall casino aid tribal gaming
regulatory jobs were held by non-
Indians.
• More than $28 million in federal and state payroll taxes were
withheld by tribes in 2000 for employees working in or overseeing
Indian casinos. The money went to
federal and state revenue agencies.
"The other good news, which this
analysis does not take into account,
is what the tribes ae doing with the
profits of gaming" Cornell said.
"Some ae investing in infrastructure on reservations, diversifying
economies and sending students to
college. There also ae impacts in
housing and health care."
The study comes as state and
tribal officials ae negotiating on
10-yea renewals for the compacts
that allow Indian tribes to operate
casinos in Arizona.
Most ofthe compacts expire in
the summer of 2003, and tribal
leaders have expressed concern that
whoever succeeds Gov. Jane Hull
after the 2002 election may not be
as open to Indian gaming.
Indian casinos rake in about
three-quarters ofa billion dollars in
profits every yea in Arizona, negotiations between tribes and state officials indicate.
Hull wants the state to take 7 percent offthe top.
Clinton Pattea, president ofthe
Fort McDowell Yavapai Nation,
has said that tribal negotiators ae
trying to cut the proposed 7 percent
state fee to about 4 percent or 5 percent.
Christa Severns, a spokeswoman
for the Arizona Department of
Gaming, which represents the state
during compact negotiations, said
the 7 percent fee, regulatory and
technology issues ae still being discussed anong the tribes aid state.
"Everything is moving along, but
this is going to take some time before we will have a compact both
sides can agree upon," Severns
said.