Native American Press / Ojibwe News (Bemidji, Minnesota), 2001-11-16

              INDEX
Pending land into
News Around Indian Country
2
trust final rule with
Comments ry/Editorials/Voices
4
drawn, need for clear
Smoke Signals of Upcoming Events
5
direction, processing
Classifieds
7
standards cited
pg6
Incredible journey back
in time to discover her
Native American roots
pg4
St. Paul law
professor to
hear Las Vegas
Paiute appeal
pg4
Federal appeals coourt
denies exceptions
to ban on tribal school
employment for
convicted felons
pgt
Commentary
RLTC treasurer
King unable to
answer questions
about his report
pg4
St. Paul law professor to hear
Las Vegas Paiute appeal
Voice     of     the     People
web page: www.press-on.net
Mary Jo Brooks Hunter
by Clara NiiSka
Mary Jo Brooks Hunler. Associ
ate Clinical Professor at Haniline
University School of Law in St.
Paul, is one of die three judges appointed by the Las
Vegas Paiute tribal
council to hear a
controversial tribal
court appellate case
oftlie Las Vegas
Paiute tribal court,
Krishna Terry Carpenter, et al. v. Las
Vegas Paiute Tribal
Council. Brooks
Hunter has also
served as an appellate judge for tlie Turtle Mountain
Chippewa tribal court, the Nebraska Winnebago tribal court, and
die supreme tribal court oftlie Ho-
Chunk Nation, formerly tlie Wisconsin Winnebagos. She is an enrolled Ho-Chunk member.
Brooks Hunter declined to be interviewed by Press/ON, refusing to
answer even general questions
about her understanding oftribal
courts and tlie present legal system
on U.S. reservations. She did provide photocopies of two of her
published articles, one of diem a
brief overview "Tribal courts in
Minnesota" written with Anita
Fineday for die Minnesota State
Bar Association in 1999. That article and die other, entitled "Tribal
court opinions: justice and legitimacy," raise additional questions,
some of which this writer emailed
to Brooks Hunter. She had
not responded by press time.
Robert Clintoa Professor
of Law at Arizona State University in Phoenix, lias also
been appointed in
the Carpenter et al
v. Las Vegas
Paiute Tribal
Council case. He
is the chief justice
ofthe Winnebago
supreme tribal court, an
associate justice ofthe
Cheyenne River Sioux
tribal court of appeals,
and lias written extensively on federal Indian
law and policy.
The thud appellate judge is
Paiute from northern Nevada.
Although Brooks Hunter and tlie
other appellate judges were appointed by tlie Las Vegas Paiute
tribal council to hear one case, tlie
tribal council's Las Vegas attorney,
David A. Colvin, emphasized tliat
they were "not hand-picked." The
tribal council is also represented at
by least three attorneys from die
Minneapolis law finn Dorsey &
Whitney.
Disenrollment in Las Vegas
Carpenter et al. v. Las Vegas
Paiute Tribal Council arises from
the Las Vegas Paiute tribal
council's disenrollment of about a
quarter of tlie membership in what
the appellant's brief describes as ex
parte proceedings in June and July
"In practice, tribal
courts are often
subordinate to the
political branches of
tribal governments."
-Felix Cohen
1999. (Black's Ijxw Dictionary defines ex parte as. "on one side only
by or for one party; done for, n behalf of. or on tlie application of,
one party only.") Tlie Las Vegas
Paiutes own a smoke shop in Las
Vegas, as well as otiier tribal enterprises including an "upscale golf
and resort development" at Snow
Mountain. In May 1999, each
tribal member was receiving a per
capita payment of $5,845 per
month. (Disenrolling25%ofthe
membership means that tlie remaining members get a corresponding raise in tlieir per capitas.)
According to one of the expatriate Las Vegas Paiutes, Debra Faria,
in 1999 tlie tribal council is dominated by one family. On July 6.
1999, the tribal council passed a
resolution tliat. "tlie meaning of
Paiute Indian Blood lias consistently meant ancestry derived from
Southern Paiute Blood," and that
"all enrollment applications past
and present are being reviewed to
PROFESSOR to page 3
Federal appeals court denies exceptions to ban
on tribal school employment for convicted felons
By JeffArmstrong
"The 8tiiU.S. Circuit Court of
Appeals upheld tlie dismissal ofa
suit brought by a tribal school employee of 8 years who was fired after a 1997 background check revealed a 1975 felony conviction
even though the ofFense had subsequently been cleared from his
record
South Dakota U.S. district judge
Richard Battey had mled tliat the
school was immune from suit in tlie
matter but tliat tlie BIA was not:
"|TJt is the conclusion of this
Court tliat tlie United States has
waived its immunity from suit for
the actions of BIA Oversight Ad-
ministratorParker.
Tlie BIA cannot place tlie power
to 'decide' in die hands ofa BIA
Oversight Administrator, only to
later deflect tlie responsibility for
such decisions onto tlie school
board in tlie hopes of invoking die
shield of sovereign
immunity."
Tlie district court, however,
granted the BIA's motion for summary dismissal ofthe complaint,
which was die sole issue appealed
by the plaintiff.
Johnson Bear Robe submitted a
complaint against tlie Oglala
Loneman School and the U .S.
when he was terminated by the
school board at tlie instigation
oftlie Bureau of Indian Affairs,
which was overseeing tlie school to
monitor its compliance with federal
law. Bear Robe had been convicted
of manslaughter at tlie age of 20,
but the conviction was set aside under a law which has since been repealed- Although tlie school wished
to retain Bear
Robe in consideration of lus years
of service, tlie BIA insisted his
background made him ineligible
for employment under the Indian
Child Protection and Family Violence Prevention Act
Alter receving a Interior Department solicitor's opinion tliat Bear
Robe's set aside conviction-must be
considered BIA oversight supervisor Lany Parker placed Bear Robe
on administrative leave and persuaded tlie Loneman School Boaid
to dismiss him from his duties as bus
driver, mechanic and transportation
director. Parker notified Bear Robe
of his termination in a 1999 letter
co-signed by tlie school principal.
Bear Robe sought to appeal the
BIA action to an administrative law
judge, but Dori Roberts, an attorney for tlie Office oftlie Solicitoi;
denied his motion, claiming tlie
"decision whether to terminate Mr.
Bear Robe's employment remains
widi tlie school board."
Filing suit in federal court. Bear
Robe asserted tlie school had
waived its tribal governmental immunity indie school's corporate
charter, in which the
Oglala Sioux Tribe granted "its irrevocable consent to allowing tlie
corporation to sue and be sued."
However, citing other language
in tlie cliarter"autiiorizing tlie Corporation to waive" its sovereign
immunity, district judge Battey
ruled that "tlie Eighth Circuit examined sue and be sued provisions
virtually identical to
die clause at issue in this case and
determined they were not sufficient
to waive immunity on behalf of tlie
tribe."
Because Bear Robe failed to appeal tlie tribal immunity niling, tlie
8th Circuit limited its decision to
the applicability oftlie Indian Child
Protection and Family Violence
Prevention Act.
"Although diis result may seem
harsh in light of Bear Robe's satisfactory7 conduct following the set
aside of his conviction Congress
has adopted a bright line nile diat
persons who fall within die Act's
proscriptions are not to be employed in positions that might involve regular contact with cliildren
in federally funded schools," tlie
appeals court ruled.
President,
treasurer at
Prairie Island
re-elected
Associated Press
RED WING, Minn - President
Audrey Kolinen was one of two
current Tribal Council members to
be re-elected by members oftlie
Prairie Island Indian tribe.
Treasurer Darrell Campbell also
was re-elected to the council diat
governs tlie 500-member Dakota
tribe located southeast of tlie Twin
Cities. It is tlie tiiird straight selection to two-year terms for both
Kohnen and Campbell.
All five current council members
were among 19 tribal members on
this year's ballot. Incumbent Vice
President Noah White, Secretary
Lu Taylorand Assistant Secretary-
TreasurerDoreenHagen were not reelected tlie tribe announced Monday.
Selected to tlie council were fonner
council members Alan Cliilds Sr. and
Darelynn Lehto. MasonPacinialso
won his first tenn in office.
"We have some challenges and opportunities infronl of us. including increased nuclear waste storage, expansion of state-sponsored gambling and
tlie growth and diversification of our
community and economy." Kohnen
said. "Tlie new council members all
have experience dealing with tliese
tough issues and a strong desire to do
what is right for our community."
There were 299 eligible voters in
tlie election held Nov. 9 Tlie new
Tribal Council will select officers and
be sworn in Dec. 12. Tlie tribe operates tlie Treasure Island Resort mid
Casino.
Report: Tribe members see little
benefit from casino revenues
Associated Press
DETROIT-Tlie Sault Ste.
Marie Tribe of Chippewa Indians
lias built a $250-mnlion-a-year financial empire out of casino profits, but critics claim die money is
being squandered by tribal leaders
and not making it lo the members
who need it most
The tribe's 29,000 members
have no control over how die
money is spent, are unable to hold
dieir leaders accountable and see
little in tribe-funded services, The
Detroit News reported in a Sunday
story.
Unlike otiier casino-rich tribes,
die Sault Chippewa lias no profit-
sharing plan for members, and
many of its services are federally
subsidized.
Revenues from Detroit's
Greektown Casino and five otiier
Sault Chippewa casinos in die Upper Peninsula are controlled by a
13-member board, led by chainnan
Bernard Bouschor.
Tlie powers granted die 52-year-
old Bouschor as the head ofa tribal
government far exceed diat of most
elected officials. With no independent court, police, auditors or justice department within the tribe to
answer to. he lias amassed incredible economic and political clout.
Civil rights and legal recourses
taken for granted by many Americans are often nonexistent on reservations, where tribal leaders control
everydiing.
Bouschor makes $100,000 a
year as tribal cliainnan and CEO.
He gets another $167,000 as tlie
tribe's chief operating officer for
casino operations.
The chairman's benefits are in
sharp contrast with tiiose ofthe
people he serves. For most tribal
members, tlie personal benefits
from tlie tribes newfound wealth
have been few.
Fifteen years after die tribe
opened its first casino, the majority
of its members still qualify' for
some kind of federal assistance.
Tliere is no profit-sharing plan for
distributing casino revenues to
members, unlike the Saginaw
Chippewas in Mount Pleasant
whose adult members get $52,000
a year from tlieir tribe.
"Tlie people living on the reservation have nothing," said Verna
Lawrence, a fonner board member
ousted in 1977. "Tlie government
owns tlie land that their houses sit
on Ifyou don't own die land you
don't own anything. The tribal
leaders like to keep tlie Indian
people poor or diey wouldn't get
federal funds."
Sault leaders say they decided
more than a decade ago to use casino revenues to build a diversified
economy and pay for social services, not create a welfare state.
"We didn't want people waiting
for handouts," said tribal spokesman John Hatch "We wanted to
help educate our members and create opportunities for people to get
jobs."
Bouschor said tlie tribe's financial books are open to any tribal
members who visited tribal offices.
" When individuals ask for information we provide as best we can"
Bouschor said. "Obviously, it may
REPORT to page 6
Native  fw
American
Press
Ojibwe News
We Support Equal Opportunity For All People
A weekly publication.   Copyright, Native American Press, 2001
Founded in 1988
Volume 13 Issue 51
November 16,2001
photo credit: Clara NiiSka
Dancers retire the colors after the Saturday afternoon session at the University of St. Thomas pow-wow. The
fourteenth annual pow-wow, held during the weekend of November 3rd and 4th, featured dance and drum contests, as well as exhibition dancing.
Pending nomination of Interior Secretary
worries American Indian leaders
Copyright 2001 Knight Ridder/Tribune
Business News. Copyright 2001 Indian
Country Today'
By Ron Selden
Indian Country Today
HELENA, Mont. - Tlie pending
nomination of Helena attorney
Rebecca W Watson as assistant Interior secretary for land and minerals management is raising red flags
among American Indian leaders
and environmental activists.
Watson, 49, lias close ties widi
tlie ultra-conservative Mountain
States Legal Foundation which lias
a long history of fighting Indian religious rights, affirmative action
laws, tlie 1965 Voting Rights Act,
public access issues and an array of
federal wildlife and wildland protection statutes.
One oftlie group's most recent
cases is a challenge to a National
Park Service rule barring tourists
from Indian sacred areas at Utah's
Rainbow Bridge National Monument.
Watson, a friend of Interior Secretary Gail Norton since diey attended law school togetiier. served
on tlie Denver-based foundation's
national litigation board from mid-
1999 until February. Norton previously worked as a staff attorney for
tlie foundation, largely funded by
extractive industries, land developers and far-right political activists.
In one recent case, Mountain Slates
argues 11,000 acres of private land
within the Crow Indian Reservation
is improperly under tlie legal jurisdiction of tlie Crow Natiou Interior
officials say President Bush will
soon nominate Watson forthe post
which oversees tlie Bureau of Land
Management tlie Minerals Management Service and tlie Office of
Surface Mining Reclamation and
Enforcement. Tlie three agencies
have combined budgets of nearly $
1.8 billion and more than 12.000
employees. Tlie U.S. Senate must
confirm die appointment.
"Rebecca is an outstanding attorney and public administration professional," Norton said in a prepared statement. "She will bring
vast experience in protecting natural resources and listening to all
voices to find common ground in
public land issues."
Tlie BLM manages 264 million
acres of public land much of it on
Aboriginal homeland and outside
reservations across tlie West. Tlie
bureau also controls an additional
300 milhon acres of subsurface
mineral resources, many of which
are being closely eyed for potential
development.
Meanwhile, tlie Minerals Management Service oversees tlie
nation's natural gas, oil and odier
energy resources on tlie outer continental shelf and collects more tiian
$ 5 billion a year in revenues from
mineral leases on federal and tribal
lands. The Office of Surface Mining works with states mid tribes to
reclaim coal-mining sites and ensure tliat new mines operate in a responsible manner.
Until recently, Watson was an attorney of record challenging a U.S.
Justice Department lawsuit against
Montana's Blaine County. Tlie
government alleges comity officials
are in violation ofthe Voting Rights
Act because they maintain an at-
large voting system tliat lias prevented Indian candidates from being elected to the county's board of
commissioners.
Mountain States attorney J. Scott
Detamore. who actually litigated
tlie matter at trial last month, contends Indians are not discriminated
against by tlie system and that the
federal government is overstepping
its authority over states' rights by
demanding any changes tliat would
result in "racial gerrymandering."
Mountain States, co-founded by
fonner Interior Secretary James
Watt, is representing tlie county
free of charge.
In an interview, Watson said she
merely served as "local" counsel in
the case because Montana law prohibits out-of-state lawyers from litigating cases without a cooperating,
state-licensed attorney.
"I was not directly involved in
tlie pleadings, arguments or anything." Watson told Indian Country
Today. "That's not me." She added
that she left the Mountain States
board nine months ago because "it
was just time to move on" and she
had failed to attend many oftlie
panel's meetings because of other
committnenls.
"I was not as involved as I
drought I should be." the Chicago
native said.
Watson maintains she lias not
been directly involved in any anti-
sovereignty fights against Indians
and in fact helped die Confederated
Salish and Kootenai Tribes get
concerns about cultural sites incorporated into development plans for
tlie proposed 7-Up Pete Joint
Venture's McDonald gold mine on
die Blackfoot River in western
Montana.
Watson a partner in Helena's
Gough Shanahan Johnson and
Waterman law finn, represented
tlie mining company when diree
environmental groups sued over
water discharges from test wells at
die site, hi 1999. tlie Montana Supreme Court issued a landmark decision in tlie case tliat says Montana citizens have a fundamental
right to a clean and healthful environment under tlie state constitution and that state regulators improperly issued tlie company's discharge pennits.
WATSON to page 6
Supreme Court
declines to hear
tribal dispute with
paper companies
By Ann S. Kim
Associated Press
PORTLAND. Maine - Tlie U.S.
Supreme Court declined Tuesday
to intervene in a dispute between
two Maine Indian tribes and paper
companies.
Tlie Penobscot Nation and
Passamaquoddy Tribe asked the
Supreme Court to reverse a state
court ruling requiring them to turn
over documents about water quality regulation to die paper companies. Tlie Supreme Court, without
comment refused to take tlie case.
"We are disappointed but not
surprised" Passamaquoddy Gov.
Richard Doyle said in a statement.
"It is very hard to get a case before
die Supreme Court. But we will be
patient. We have faith diat our
rights as self-governing Indian
tribes will, in tlie long run, prevail."
Penobscot Chief Barry Dana
said the Supreme Court's decision
COURT to page 6