Native American Press / Ojibwe News (Bemidji, Minnesota), 2001-09-29

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INDEX
indigenous hopes           HPV|
Minnesotan
News Around Indian Country
2    dashed again at UN
named Regional
Commentary/Editorials/Voices
4    World Conference
Minority Small
Smoke Signals of Upcoming Events
s    Against Racism
Business Person
Classifieds
6-7
pg 1
flpg3
Mole Lake retains
"Treatment-As-State"
P9 1
Univeristy of
Minnesota conference
aims to preserve
Dakota language
pg3
Commentary
Lawsuits focus
attention on
Indian gambling
pg4
CASINO AUDIT UPDATE!
Five Minnesota
Indian 'tribes'
respond to
Attorney
General's
ruling with
lawsuits
by Clara NiiSka
Attorney General Mike Hatch's
office released a ruling on Friday,
September 14* determining Indian
casino audits held by tlie state under
the terms ofthe state-tribal compacts are "public under tlie dictates
of state law." The compacts assign
responsibility for monitoring Indian
gambling enterprises' S3 billion annual monopoly in Minnesota to the
state Department of Public Safety
(DPS), and require that audits be
provided to the state upon written
request. Recent reports by tlie Minneapolis Star Tribune and the St.
Paul Pioneer indicate that since
1991 DPS has obtained sixty-five
audits from the eleven tribes operating 18 casinos in tlie state; in a September 21 article, Star Tribune staff
writer Robert Franklin quoted DPS
spokesman Kevin Smith as saying
tliat DPS has only four audits obtained since 1997.
In response to concerns expressed by readers of this newspaper, Press/ON requested copies of
the casino audits from DPS under
the Minnesota Data Practices Act, a
"sunshine law" which provides that
most government records in the
state ofMinnesota are public information. Months of legal wrangling
followed Press/OWs request: DPS
refused to provide tlie audits, the
RULING to page 3
Activist urges united
opposition to TEC
constitutional amendments
Sept. 29-30 convention at Grand Casino Mille Lacs
Voice
o  F
T   H   E
People
By JeffArmstrong
After more than 14 years of
popular struggle for political reform
and some live years of meetings by
constitutional committees in the
wake ofthe conviction of some of
its dominant figures, the MCT
Tribal Executive Committee this
weekend will begin what it has
termed a constitutional convention
at tlie Mille Lacs Convention Center adjoining tlie tribal casino.
But while nearly all who have
studied the tribal constitution have
agreed on the need for a separation
of powers and a more democratic
structure, many view the TEC's
proposed amendments as putting
the five-member RBC's further beyond the reach ofpublic accountability. To cite one example, the 12-
member TEC has proposed increasing the number of petition signatures needed to recall elected officials from 20% of resident adults
to 50%.
Calling for a united grassroots effort to defeat the constitutional
amendments, activist Marvin
Manypenny accused tlie TEC of attempting to write the people out of
their own governing document.   '
"To me, the whole issue of democracy of, by and for the people is
at stake," said Manypenny. "We've
lived long enough under tyranny."
Manypenny said many tribal
members have not received a 20-
page booklet explaining the amendments, raising questions over
whether eligible voters will be
mailed voter registration forms for
a possible future secretarial election. Unlike tribal voting, BIA-ad-
ministered secretarial elections require advance registration.
The White Earth activist also
took tlie TEC to task for failing to
provide transportation and accommodations—or even ample notice—for tribal members wishing to
participate, accusing the tribal administration of deliberately attempting to limit attendance by scheduling the meeting for the end ofthe
month.
"I think this is happening too fast
without appropriate infonnation for
the people to see what's going on,"
said Manypenny. "Most of our
people are poor. I think that's a lac-
tor that has to be considered here."
BIA tribal operations officer De
Springer said the TEC lias not yet
submitted a request for a secretarial
election to amend the tribal constitution. Springer said the list of eligible voters would be submitted to
the Bureau by the Tribe, so it is
likely that only those who received
the constitutional mailing would be
sent a voter registration form. She
said anyone not appearing on a
posted list oftribal voters would
have to prove tlieir eligibility to an
election board made up ofa BIA
employee and at least two tribally-
appointed members. According to
Springer, the election could beheld
either by mail or at on-reservation
polling places, or some combination thereof.
Manypenny said increased
grassroots participation could force
tribal officials to listen to their own
constituents, rather than to tribal attorneys seeking to preserve an untenable status quo.
"If we all come together and
make our voice known, we cai
make the changes we need," said
Manypenny. "If we're in fact a sovereign people, we should create a
document which rellects tliat."
Mole Lake retains 'Treatment-As-State"
By Jean Pagano
In a 21 September 2001 ruling,
the U.S. Seventh Circuit Appellate
Court turned down Wisconsin's
appeal to overturn Mole Lake
Sokaogon Chippewa Community's
(Mole Lake) enhanced water quality standards.
The Environmental Protection
Agency granted the tribe a special
'Treatment-As-State" (TAS) status
under the Clean Water Act. Wisconsin State Attorney General
James Doyle filed suit in federal
court to overturn the enhanced
standards.
The decision, handed down by
Judges Kanne, Diane P. Wood, and
Williams, addresses the issue of
sovereignty and the Clean Water
Act, administered by the EPA. At
issue is the State of Wisconsin's
desire to build a huge zinc-copper
sulfide mine on the Wolf River,
upstream from Rice Lake. Judge
Wood wrote the opinion for the
Court.
The waters at issue in the case
are lakes and streams surrounded
by or adjacent to the land ofthe
Mole Lake Band of Lake Superior
Chippewa Indians (the Band).
Rice Lake is located in northeast-
em Wisconsin. The Mole Lake
Reservation is unique in two respects. First, the Band is heavily
reliant upon tlie availability of water resources within the boundaries
ofthe reservation for food, fresh
water, medicines, and raw materials. Rice Lake, the largest body of
water on tlie reservation, is the primary source for wild rice. Wild
rice is a significant dietary and
economic resource at Mole Lake.
The second unique characteristic is
that the entire 1,850 acres within
the reservation is controlled or
owned in lee by members ofthe
tribe.
The Band applied for TAS in
August of 1994 under the Clean
Water Act. Wisconsin opposed the
TAS status; arguing that the State
itself was sovereign over all navigable waterways in the state, include waters on the resen'ation.
The State also claimed that its sovereignty precluded any tribal sovereignty. Objections notwithstanding, the EPA approved the Band's
application on 29 September
Indigenous hopes dashed
again at UN World
Conference Against Racism
By JeffArmstrong
Indigenous peoples may have
xmtinued to raise tlieir international
Droiile at the recent World Conference Against Racism (WCAR), but
iboriginal participants say the conference effectively reinforced their
status as second-class citizens ofthe
world community.
United Nations High Commissioner for Human Rights Mary
Elobinson said the persistence of indigenous delegates resulted in ac-
:eptance ofthe phrase "indigenous
Deoples" by state participants,
nany of whom have continually
objected to terminology which
would even indirectly imply self-
determination rights enshrined in
ntemational law.
"Most importantly, the use ofthe
s' in peoples throughout the text
epresents a clear recognition by the
/ast majority of states ofthe collec-
ive rights of indigenous peoples
ind will hopefully facilitate the dis-
:ussions in the working group on
he draft declaration on the rights of
ndigenous peoples," said Robinson
n a Sept. 5 address to the confcr-
ince.
But Alberto Saldamando, legal
:ounsel for the Intemational Indian
Treaty Council, said it was a hollow
/ictory at best. According to
Saldamando, the qualifiers attached
o the term peoples stripped it ofall
neaning. In the wording ofthe
WCAR Draft Declaration, "Any
reference to rights associated with
tlie term 'indigenous peoples' is in
the context of ongoing multilateral
negotiations on texts that specifically deal with such rights and is
without prejudice to the outcome of
those negotiations."
"What it says is that all peoples
have tlie right to self-determination—except indigenous peoples,"
said Saldamando. "Why are all indigenous peoples' rights negotiable
when no other peoples' are? The
states in fact practiced racism in tlie
World Conference Against Racism."
Accustomed to concerted opposition from the United States at the
UN, Saldamando said the U.S.
walkout surprisingly left its fonner
colonizer as the most vocal opponent.
"It was the United Kingdom that
raised the issue when it needn't be
raised," said Saldamando. "They
suggested the's' be put in brackets
and they carried that position
through to the end. We asked them
for a meeting and they said 'no.'
They didn't say why, they just said
'no.'"
Although indigenous organizations had hoped to avert a U.S. departure from the WCAR
Saldamando said there were no
CONFERENCE to page 6
Arizona Indian
gaming impact
is mixed
By Tom Zoellner
The Arizona Republic
Legalized gambling has nearly
eliminated poverty on a handful of
small Indian reservations in Arizona, but has not yet delivered the
same benefits to larger tribes, an
Arizona Republic analysis of food
stamp data has found.
hi the past 10 years, as tlie Indian
gaming industry has grown from
small bingo halls to multimillion-
dollar casinos, the total rate of food
stamp use on Arizona's reservations
fell from 23 percent to 18 percent.
But in places like the Salt River
Reservation, poverty persists, even
though the Salt River Pima-
Maricopa Indian Community runs
one of Ihe biggest casinos in the
state.
In 1990, long before Casino Arizona was built, the tribe had an average of 778 resen'ation residents
on food stamps. Today, it's 1,065,
and the percentage ofthe reservation receiving those benefits has remained steady at 15 percent.
By contrast, tlie nearby Fort
McDowell Yavapai Nation, a
smaller tribe that gives direct cash
payments to its members, has made
destitution virtually unknown on its
land. Ten years ago, there was a
monthly average of 58 residents on
food stamps. There were zero in
ARIZONA to page 5
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Volume 13 Issue 44
September 29,2001
1995, citing that the tribe had satisfied all requirements forthe classification including the necessary
demonstration ofthe tribe's inherent authority over all water resources on the resen'ation.
When the EPA granted TAS status to the Band, the State of Wisconsin was greatly concerned that
granting of TAS was an affront to
the state's sovereignty and moreover was a serious hindrance to the
State's plans to go forward with
the huge Wolf River zinc-copper
sulfide mine. Wisconsin was most
concerned that the status granted
to Mole Lake might limit the activities ofthe mine by prohibiting
some or all ofthe discharge from
the mine intoneighboring waterways. The State did not move to
have tlie Wolf River project be accommodated under the status, but
moved for the outright revocation
ofthe grant.
Wisconsin filed suit in early
1996, yet in April of 1999, tlie district court upheld the TAS grant.
The Court held that the EPA's de-
MOLE LAKE to page 5
Photo by Charles G. Summers
The American Buffalo stands his ground, never yielding, in the indomitable spirit ofthe American
/. He waits patiently and forcefully, in a position of strength and endurance.
Reversal of Fortunes
Battles heating up between tribal operators of casinos, rural residents
by Fred Dickey
Los Angeles Times
Typically, the back country of
Southern California is John Wayne
country, a perfect sagebrush setting
for tlie old cowboy and Indian
shoot-'em-ups of an earlier day. A
lot in society has changed since
then, a big difference being that the
Indians are now allowed to win. Today, Native Americans are asserting
an entirely new kind of economic
strength, empowered by a state
gambling compact authorized by
voters 18 months ago that has made
them croupiers to California
Since the casinos started to proliferate in tlie rural areas where reservations are located, disputes have
been breaking out as outraged residents accuse these new developers
of jack hammering away rural tranquillity. Taking place in the gray
dust of these valleys and canyons is
the conflict between tlie determination to presene tlie land as time and
climate made it, and the desire to
rip, dig and build. It is a classic settler-Indian battie with a role reversal that spins history into dizziness.
Disputes such as one here on the
edge ofthe Barona Indian Reservation percolated into public debates
soon after agreement was reached
by Gov. Gray Davis and tlie gaming
tribes following the passage of
Prop. 1A in 2000. The compact
spelled out terms under which casinos could be built and operated.
However, local governments were
left without regulatory authority in
the deal, and they now have almost
no control over foe environmental
impact ofthe glitzy new casinos. In
tlie compact, the tribes agreed to
commission environmental impact
studies on their projects, but any
findings or recommendations are
purely advisory.
Angry battles are breaking out
many miles apart: Santa Barbara
County supervisors and tlie Santa
Ynez band ofthe Chumash are in a
hot dispute over tlie impact of its
rural casino. Other fights are taking
place in the wine country in
Sonoma County and tlie gold country in Tuolumne and El Dorado
counties. However, nowhere have
protests been more pronounced
than in rural San Diego, where
seven casinos ring the metropolitan
area in nearby resenations.
"We're seeing conflicts over water and access in counties throughout tlie state" because ofthe
spillover costs and impact ofthe casinos, says DeAnn Baker, legislative representative for the California State Assn. of Comities in Sacramento. "It's pretty much up to tlie
tribes how much they want to cooperate, because, under tlie compact,
they don't really have to."
Native Americans have become
big-time political players and make
formidable opponents. Nationwide,
27 states allow Indian gambling.
California with its 42 tribal casinos
and more on the way, towers above
all other states in impact. In defending tlieir interests, the casino-operating tribes in California have become the most generous campaign
contributors in 5ie state. They have
political power—lots of it. To a
politician seeking campaign funds,
a waving checkbook can be as mesmerizing as a softly swinging gold
watch.
Wildcat Canyon is a few miles
east of San Diego in the sunbaked
coastal desert. It is the sort of place
tliat people drive through, not to,
offering tlie khaki-drab scenery tliat
makes children in the back seat
bored and whiny. Wildcat Canyon
Road twists for five miles through
scrub growth that struggles up from
tlie canyon bottoms and ascends
boulder-strewn hills on either side.
Wildlife abounds, but there are few
signs of it because bobcats and
quail, raccoons and coyotes offer
only a rare flash of brown and gray
to the unskilled eye. An environmental study lists 16 sensitive
plants and 12 sensitive species related to the area including several
BATTLES to page 5
Monitor lambastes Norton
over tribal money inaction
By Bill McAllister
Denver Post
WASHINGTON - Interior Secretary Gale Norton has been
handed another foiling grade
from the lawyer who has been
monitoring her department's effort to clean up the more than
300,000 trust accounts it holds
for American Indians.
Joseph S. Kieffer of Washington last week handed
that assessment to the federal
judge who appointed him.
Kieffer's highly critical report
got little attention because ofthe
terrorist attacks on the World
Trade Center and the Pentagon.
But those who read the 40-page
report found that Kieffer
had little compassion for the
Bush administration's efforts to
win more time to address the is
sues that the Colorado-based
Native American Rights Fund of
Boulder first raised five years ago
in its lawsuit over the accounts.
'Tlie cry that 'it didn't happen on
our watch' can no longer provide
a defense for this administration,'
Kieffer said, sharply attacking
Norton's handling ofthe case. He
had questioned her actions in
previous reports but had reserved
his strongest criticism for the
Clinton administration.
This time Kieffer quoted the
pledges by Norton and Bureau
of Indian Affairs Director Neil
McCaleb to make trust reform
a priority. 'The major fallacy in
these pronouncements is that
the Interior defendants have had
time to bring about trust reform,'
he said.
NORTON to page 5
New Haven,
Connecticut
tribal lawsuit
advances
By Tara Bahrampour
New York Times
A group seeking federal recognition as an Indian tribe and the
right to build a casino in Bridgeport appears headed for a resolution of its claims. A federal judge
has set an Oct. 5 deadline for the
Bureau of Indian Affairs to respond to a lawsuit tiled by the
group, the Golden Hill Paugussett
Tribe. The suit seeks a decision
from the bureau, which has not
acted on the matter in two years.
On Friday, Judge Janet B.
Arterton of Federal District Court
in New Haven set arguments for
Nov. 14.