Native American Press / Ojibwe News (Bemidji, Minnesota), 2001-07-13

              INDEX
News Around Indian Country 2
Commentary/EditorialsA/oices 4
Smoke Signals of Upcoming Events 5
Classifieds 6-7
Anishinaabe Center
gets Social Justice
Award from
Headwaters Fund
pg3      	
Metis Graveyard:
Does NAGPRA
apply at
Pembina?
pgi
Press/ON publisher files
jurisdictional challenge
in tribal civil rights^
complaint
pg4
Budget meetings
at Mille Lacs
completed
pg4
Commentary
Minnesota Indian
gambling - unregulated,
unaccountable
monopoly
pg4
Federal court
rules Arizona
Indian casinos
are illegal
By Bill Lawrence
In a 69-page decision released
on July 3,2001, U.S. District
Court Judge Robert C. Broomfield
ruled that Arizona's 19 Indian casi-^
nos are illegal. Despite the ruling,
Arizona Attorney General Janet
Napolitano said the state will not
shut down any Indian casinos, according to an Associated Press report. "This is only about future
(state-tribal gaming) compacts and
not existing compacts,"
Napolitano said on July 5*. "And
at this point, there is no order from
the court to enforce (the ruling).
There's going to be a lot more
court proceedings before this is
finished," she added. The existing
compacts will begin expiring in
2003.
In his decision in the case
American Greyhound Racing,
Inc., etal, Plaintiffs, andTuscon
Greyhound Park, Inc., Plaintiff in
Intervention v. Jane Dee Hull, et
al., Judge Broomfield ruled that
Arizona Governor Jane Dee Hull
does not have the authority to negotiate gambling compacts with
tribes because the Legislature has
not delegated its authority as required by the "separation of powers" provided for in the Arizona
Constitution.
ARIZONA to pg. 5
Official correspondence reveals
unusually cozy relationship between
DPS, Indian gambling interests
by Clara NiiSka and Bill
Lawrence
Correspondence between the
Minnesota Department of Public
Safety (DPS) and Indian gambling
interests which Press/ONhas obtained under the Data Practices Act
reveals an apparently cozy relationship between the DPS and the Indian casinos in Minnesota. "I can't
thank you enough for your assistance!" Data Practices Compliance
Official Laurie Beyer-Kropuenske
wrote in a fax to attorney Greg
Paulson of BlueDog, OLson and
Small, the law firm representing the
Shakopee Community and Grand
Portage Band. "Of all the firms involved, your firm provided Public
Safety with exactly the information
and arguments we need! In my
note to the chairpersons, I plan to
highlight how helpful your firm has
been!" Beyer-Kropuenske continued.
"I want to thank you for your efforts. Thanks for making yourself
available to my phone calls and
questions. If need be, we'll do our
best to see tliat the position your
Department has taken is upheld,"
responded attorney Paulson.
Public official Beyer-Kropueaske
and Indian attorney Paulson were
discussing the pending release of
"all tribal gambling enterprise audited financial statements submitted
to tlie State of Minnesota pursuant
to §6.11 ofthe Tribal-State compacts." The gambling audits were
requested by Press/ON under the
Data Practices Act, verbally and
then in a June 19,2001 letter to
Norm Pint, Special Agent in
Charge, Alcohol and Gambling Enforcement Division (AGED) ofthe
Minnesota Department of Public
Safety.
Audits for the Red Lake Band of
Chippewa's gambling operations
were determined to be public information under the Data Practices
Act, § 13.03, subdivision 1, in Minnesota Department of Administration Advisory Opinion 01-051,
filed by Minnesota Commissioner
of Administration David Fisher on
June 6. Press/ON publisher Bill
Lawrence had requested the advisory opinion on April 19, after
Press/ON?, February 26 request for
the Red Lake gambling audits had
been denied by AGED director
Frank Ball. Under State law, the
Department of Administration is
charged with maintaining the integrity of state records and monitoring
compliance with the Data Practices
Act.
Tlie Minnesota Department of
Public Safety responded to Press/
ONs request for the casino gambling audits on the same day as
Press/ON formally requested them
in writing—not by adhering to State
DPS to pg. 6
Supreme Court denies tribal court
jurisdiction over state officers
By JeffArmstrong
A unanimous but divided U.S.
Supreme Court has reversed a federal ruling upholding tribal court jurisdiction to hear civil rights complaints against state officers operating on resen'ation land. In Nevada
v. Hicks, the high court issued a
sweeping opinion dramatically limiting tribal jurisdiction over non-
members in the absence of their
consent.
Tlie majority opinion stated that
tribal courts have no authority to
adjudicate federal claims filed pursuant to 42 U.S.C. 1983, a U.S.
statute which pertains to civil rights
violations under color of law.
"Tribal courts are not courts of
general jurisdiction. The historical
and constitutional assumption of
concurrent state-court jurisdiction
over cases involving federal statutes
is missing with respect to tribal
courts, and their inherent jurisdiction over nonmembers is at most
only as broad as tlieir legislative jurisdiction. Congress has not purported to grant tribal courts jurisdiction over 1983 claims," die court
ruled.
Instead, the court determined that
tribal jurisdiction is limited to members ofthe tribe, except to the extent "necessary to protect tribal self-
government or to control internal
relations."
The case stems from a suit filed
by a Fallon Paiute-Shoshone Tribes
member in tribal court against Nevada officials who executed two
state search warrants ofhis home
on reservation trust land based on
suspicions that he had hunted and
killed an endangered species of
sheep outside ofthe reservation. Although the tribal court also granted
warrants for the search. Hicks accused state game wardeas of trespass, denial of due process, unreasonable search and seizure and exceeding the terms ofthe warrant.
The tribal court dismissed claims
against tribal defendants but upheld
its jurisdiction over the state officials in their individual capacities. A
tribal appellate court confirmed the
decision, prompting the state of Nevada to contest tlie judgment in
U.S. District Court. With tlie support ofthe U.S. Justice Department,
Hicks won a ruling affirming tribal
jurisdiction based on the status of
the land, a position upheld by the 9"'
Circuit Court of Appeals.
However, the Supreme Court
ruled that the state's interest in enforcing its legal process supersedes
tribal sovereignty, stating that a
tribal search warrant was not even
required.
"Tribal authority to regulate state
officers in executing process related
to the off-reservation violation of
state laws is not essential to tribal
sell-government or internal relations. The State's interest in executing process is considerable, and it
no more impairs tlie Tribe's self-
government than federal enforcement of federal law impairs state
government," the majority wrote.
"State sovereignty does not end at a
reservation's border."
In a separate opinion, Justice
O'Connor, joined by Breyer and
Stevens, sharply disputed the
court's reasoning for failing to take
COURT topg. 6
Smithsonian
receives large
donation from
Mohegan
People
By Jean Pagano
The National Museum ofthe
American Indian has received a
large gift from the Mohegan Tribe
of Connecticut. In a special ceremony, hosted by Senator Daniel
K. Inouye (D-Hawaii) and held in
tlie Senate Indian Allaire Committee chambers, the donation of S10
million dollars was presented to
the Smithsonian's Institute to be
used towards the constniction of
the Nation Museum. The funds
will be disbursed in $500 diousand
dollar installments over the next
twenty years. This is the second
$10 million dollar gift that the Museum has received since 1994. In
1994, the Mashantucket Pequot
Tribal Nation of Connecticut also
contributed $10 million dollars,
which at the time was the largest
contribution received by the
Smithsonian.
Attending the ceremony were
dignitaries from the Mohegan
Tribe and the United States Government. Present were Chainnan
Mark Brown from the Mohegan
Tribe along with Senators Joseph
Lieberman (D-Connecticut),
Christopher Dodd (D-Connecli-
cut), and Representative Rob
Simmons (R-Connecticut). Chairman Brown remarked tliat the
tribe's donation was a gift for both
the museum and Native Ameri-
MUSEUM to pg. 5
Press/ON
publisher files
jurisdictional
challenge in
tribal civil
rights
complaint
By JeffArmstrong
(NAP/ON) Press/ON publisher
Bill Lawrence has filed a motion
challenging the jurisdiction and
constitutionality of
the Mille Lacs
tribal court to litigate a civil rights
suit over the 1997
arrest of reporter
JeffAnnstrong at
a TEC meeting
held on the reservation. Filing
separately atthe initial May 24
hearing, co-plaintiff Armstrong also
contested the jurisdiction ofthe
court to assume authority over the
federal civil rights complaint.
"This case involves an allegation
that the 1a Amendment rights ofa
reporter were violated, as well as
numerous other constitutional
rights, when the reporter was sim-
COMPLAINT to pg. 8
Norton makes changes to trust fund
management to accelerate reform
'■^•(ii^^i?
Bill Lawrence
Gale Norton
By Robert Gehrke
AssociatedPress
WASHINGTON - In an effort to
speed up the reconstruction of
thousands oflndian trust fund accounts, Interior
Secretary Gale
Norton on Tuesday created a special office to guide
the process and restored powers to a
trustee.
Norton's orders are the step in
the department's push to reform a
badly mismanaged trust fund system created in 1887 to administer
royalties on mining, grazing and
logging on American Indian lands.
The department also wants to determine exactly how much was squandered.
Attorneys representing thousands
oftribal members in a class action
suit against the government claim
mismanagement cost the fund at
least $10 billion.
A federal court has ordered the
Interior Department to piece together what the Indians are owed
and to overhaul the trust fund management.
To do that Norton has appointed
Bert T. Edwards, the former chief
financial officer for the State Department to serve as executive director of Historical Trust Accounting.
Edwards' first responsibility will
be to map out a timeline and cost
estimates for trust fund reform.
Norton also restored some authority to the Special Trustee, Thomas Slonaker, to reform fund's accounting systems to prevent future
mismanagement Some ofthe
trustee's power was stripped by
Norton's predecessor, Bruce Babbitt
Norton's order also asks Slonaker
to hire a private consulting firm to
assess the Interior Department's
mist fund reform efforts so far.
"I think that she felt there were
aspects of it that were bogged down
and this takes those aspects that
were bogged down and turns them
around and make them more efficient" said Interior spokeswoman
Stephanie Hanna
Dennis Gingold, an attorney for
the Indians suing the government,
said Norton's orders are just a small
part ofthe reforms needed.
"One person is not able to correct
the massive level of mismanagement and malfeasance that starts
from the secretary on down," he
said.
Voice
o F
THE
People
web page: www.press-on.net
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A weekly publication.   Copyright, Native American Press, 2001
Founded in 1988
Volume 13 Issue 33
July 13,2001
METIS GRAVEYARD
DOES NAGPRA APPLY AT PEMBINA?
By Jean Pagano
Tlie people buried at the Metis
Graveyard in Pembina are not
forgotten. Though their spirits
may be restless under waving
fields of soybeans, desecrated
under disc and plough, former
President George H. Bush may
be able to help. In 1990, then
President George Bush signed
into law the Native American
Graves Protection and Repatriation Act (NAGPRA). This law
protects burial sites and creates a
methodology for repatriating cultural items, such as human remains and artifacts, to native
tribes.
In North Dakota, certain provisions ofthe North Dakota Century Code also provide protections for burial sites. Specifically,
the Protection ofHuman Burial
Sites, Human Remains, and
Burial Goods, may provide the
avenue by which the people buried at Pembina may achieve the
respect they deserve. Tlie burial
provisions ofthe law were enacted in 1990, and amended in
1995. The law pertains to historic
human burials and human remains that are located on state,
local, and private lands. When
human remains are inadvertently
discovered, as was the case in
Pembina, the activity ceases and
the local law enforcement office
is notified [emphasis added]. The
law enforcement office is then to
notify the State Historical Society, which does an initial exami-
Historic Metis
graveyard, located
approximately one
mile south of the
North Dakota -
Canadian border,
on U.S. Highway
29, on the east side
of the road. The
graveyard is
between the
present town of
Pembina and the
Canadian border, about a mile north of Pembina.
The historic graveyard is distinguished by a marker erected by the
North Dakota State Historical Society. About forty crosses naming Metis
pioneers buried in the graveyard were erected in a ceremony held by
Father Guy Lavelle last April. Several participants in that ceremony said
that they were descendants of those buried in the graveyard, and that
they had traveled from both Minnesota and Winnipeg to honor their
ancestors and the site.
In 1997, after a ground-penetrating radar survey provided evidence
that there were "as many as 600 graves," the Historical Society
arranged to have 2.5 acres set aside for the graveyard. Despite
protests from the Metis whose ancestors are buried there, the
remainder continues to be farmed.
nation to determine race and age
within 24 hours or as soon as possible. The preferred mode of disposition for the remains in in situ, that
is on site. The examination ofthe
remains may include measurements
and visual observations and a written description ofthe remains
found on the site. For multiple burials, the examination must be completed within 90 days. Extensions
may be granted with the consent of
tlie intertribal reinterment committee. If the initial examination cannot
conclude whether tlie remains are
Indian or non-Indian, they are as
sumed to be Indian. If a human
burial site is disturbed, the State
Historical Society will notify the intertribal reinterment committee.
Part ofthe tribal reinterment
committee's responsibilities is to attempt to identify tlie remains.
If a human burial will be affected
by an undertaking, such as fanning,
road building, etc, archeological
tests will be conducted. If any human remains are encountered during tlie test, the activity ceases and
the superintendent and the depart-
METIS to pg. 6
Senate looking at $5 million for infected
reservation homes
By MattGouras
Associated Press
BISMARCK, N.D. - The Senate
is close to approving $5 million to
replace housing infected with black
mold on tlie Turtle Mountain Indian Reservation, Sen. Kent
Conrad, D-N.D., said Tuesday.
Black mold can cause cold- and
allergy-like symptoms such as skin
rashes, fever, headaches, neurological problems and suppression of
the immune system.
Tribal officials have said about
220 homes have some type of mold
and about 105 have black mold.
But finding replacement homes has
been difficult.
"Everybody has pledged to move
as fast as possible," Conrad said.
"There's a lot of pieces to this because we're starting from scratch."
Conrad said the housing money
is in a supplemental appropriations
bill that should pass quickly. He
said officials ofthe federal Department of Housing and Urban Development Indian Health Sen ices,
and the Federal Emergency Management Agency already have
started work on the project.
"We got a commitment from all
the federal agencies today," Conrad
said. "They came saying they're
prepared to work together as
quickly as possible to fix this problem."
He said a few ofthe homes might
be saved by FEMA, but a new site
is being chosen for new manufactured homes.
Many of tlie homes are in a
flood-prone area that sits on top of
an old garbage dump, he said. Officials believe that might be the cause
ofthe problem.
Conrad said the project might
cost more than $7 million, but the
congressional aid is a start.
"We will look to add additional
funds as we go forward," he said.
Oglala Sioux head says he'll try to restrict
state lawmen on reservation
Associated Press
PINE RIDGE, S.D. - The president ofthe Oglala Sioux Tribe
says he plans to seek firm restrictions on the ability of South Dakota law enforcement officers to
enter the Pine Ridge Indian Reservation to investigate and prosecute crimes.
John Steele said in a news release that he had directed Robert
Grey Eagle, Oglala Sioux Tribe
attorney general, to draft an ordi
nance requiring law enforcement
to comply with extradition procedures in the 1868 Fort Laramie
Treaty in order to arrest American
Indians on the reservation.
Steele's announcement late
Tuesday came after last w;eek's
U.S. Supreme Court ruling that
allowed law enforcement officers
in Nevada to enter the Fallon
Paiute-Shoshone Indian Reservation and arrest Indians on deeded
or trust lands for crimes commit
ted offthe reservation.
"I feel that ruling should be limited to Nevada since the ... history
of that reservation is different
from the Pine Ridge Reservation," Steele said.
Larry Long, chief deputy attorney general for South Dakota,
said Thursday morning the court
ruling is not likely to mean big
changes in law enforcement on
OGLALA to pg. 6