Native American Press / Ojibwe News (Bemidji, Minnesota), 2001-11-30

              INDEX
News Around Indian Country 2
Commentary/Editorials/Voices 4
Smoke Signals of Upcoming Events 5
Classifieds 7
Recall RLTC treasurer
Dan King petition drive
nears goal
pgi
American Indian OIC
Norton ordered to trust       Suicide epidemic among
fund contempot trial native youth raises alarm
pg4
pgi
pgi
Commentary
King's folly
pg4
Suicide epidemic among native youth
raises alarm
By Jean Pagano
A scourge has come to the reservation: teenage suicide. The promise ofthe next generation ofNative
Americans is being affected in
greater numbers than in any other
population group in America. It is
not a new problem, but it represents a challenge that must be understood and dealt with. It has it
roots in the past and its tentacles in
the future.
The statistics are alarming: Native youths' suicide rate is twice the
national average according to the
Centers for Disease Control
(CDC). Suicide among young Native males ages 15-24 accounted
for 64% of all Native American
suicides. One in five Native girls
have attempted suicide compared
to one in eight for boys, according
to the American Medical Association (AMA). Boys are five times
more likely to succeed in their suicide attempts. The numbers are
staggering. The reasons are varied
and tragic: depression, isolation,
drug and alcohol abuse, broken families, historical grief,
and a lack of mental health
care on the reservation.
The CDC states that one
possible risk factor in suicide
is alcohol use in the home.
Another risk factor is situations that lessen opportunities
for developing social networks. One line of thinking is
that suicide numbers are high
because the problems develop
early in youth and are not dealt
with until it is too late. This has
caused advocates to work at identifying and dealing with the underlying causes of suicide at an earlier
age.
One approach is to try to connect
young people to their cultures earlier in lite. The theory is that
people with stronger links to their
cultural identities endure fewer
health-related issues. Some
projects link professional services
with traditional healing practices.
The value is reconnecting with
Native youths'
suicide rate is twice
the national average
according to the
Centers for Disease
Control.
one's cultural roots is that it provides a sense of connectedness and
reduces the isolation that many of
the people who contemplate suicide feel.
Another cause of suicide is historical grief. Historical grief is the
accumulated painful memories of
violence and tragedies that were
experienced by generations before
the current time. This malaise is the
result of past losses of land lives,
and cultures. This grief is so great
tliat depression, anxiety, health
SUICIDE to page 4
White Earth reiterates pledge of referendum
vote on future treaty rights agreement with state
By JeffArmstrong
White Earth director of natural
resources John Annette denied reports that tribal officials have
reached agreement with the Minnesota DNR on the exercise of
hunting, fishing and ricing rights
on the reservation.
'There is no agreement," said
Annette. "I'd say we're at the pre-
negotiation stage right now."
State DNR officials could not be
reached for comment.
Annette said the reservation has
no plans to adopt state guidelines
and limits but acknowledged that
cross-deputization and state recognition of White Earth "green
cards," licenses granted to non-enrolled descendants oftribal members, are on the bargaining table.
While Annette said he did not
foresee any future tribal hearings
on the issue, he reaffirmed White
Earth's commitment to holding a
reservation referendum on whatever agreement may emerge from
the talks.
"We would take the agreement
to the public in a referendum before anything is signed," he said.
A March 10 press release from
the DNR notes that state legislation
authorizing an agreement with
White Earth has been on the books
since 1980, when the Minnesota
Supreme Court ruled that the reservation has not relinquished its
treaty rights. Modeled after the
state agreement with Leech Lake,
the legislation provides for an annual payment amounting to 2.5%
of state proceeds for hunting, fishing and trapping licenses, estimated at $1.2 million a year. The
Leech Lake RBC receives 5% of
such yearly revenue.
A former member ofthe White
Earth conservation committee,
however, questioned the wisdom
of limiting negotiations to on-reservation rights. Andy Favorite points
out that the reservation is situated
within territory reserved under the
1855 Treaty, which encompasses
an area more than ten times the
size of White Earth.
"Why settle for an agreement on
White Earth when White Earth is
within the 1855 Treaty area? Why
deal with one million acres when
you can deal with 10 million
acres?" Favorite asked.
Favorite said tribal members are
historically skeptical of state motives in the negotiations.
"People are suspicious ofthe
state. Look how many years the
state arrested our people for hunting and fishing on their own reservation. We had to sue them several
times to get our treaty rights back
and now they want to have a group
hug and a happy meal," said Favorite.
Favorite suspects it was his
questioning the basis ofthe negotiations which led to liis removal
from the conservation committee
along with chief judge Anita
Fineday after the election last year
of chairman Doyle Turner.
"I think they basically shut down
the committee," he said.
While acknowledging the controversial nature ofthe issuance of
green cards, Favorite said he views
the issue as a constitutional imperative, citing the membership
provisions of Article II, Sec. 5,
PLEDGE to page 4
U.S. judge rules federal claim against Circle of
Life school must first be heard in tribal court
By JeffArmstrong
A White Earth family which
won a judgment against the Circle
ofLife School under the Individuals with Disabilities Education Act
(IDEA) must bring their claim for
attorney's fees to tribal court, the
U.S. District Court in Minnesota
mled. Observers say the decision
could limit the ability of reservation parents to obtain legal counsel
to utilize protections for disabled
children under federal law.
Although the act grants federal
courts authority to award "reasonable attorneys' fees," district judge
Donovan Frank held that IDEA
does not extend U.S. jurisdiction to
tribal schools receiving funds under the act.
"[T[he act is silent as to the role
oftribal courts. Moreover, the
Court has not located any authority
within this district or other jurisdictions that addresses the role of
tribal courts in the enforcement of
IDEA for Indian children. This
Court cannot conclude, however,
that this silence inevitably leads to
the conclusion that their jurisdiction is irrelevant," Frank wrote.
In the first such due process de
cision in Minnesota, BIA administrative hearing judge Kathleen
Holden upheld a complaint last
year tliat Circle ofLife failed to adhere to the procedures of IDEA,
effectively denying 15-year-old
Gina Roy a "free and appropriate
education." Her parents, Laura
Guthrie and Leonard Roy, charged
tliat school officials failed to accommodate Gina's Goldenhar
Syndrome and retaliated against
the family after they complained of
her treatment.
White Earth Reservation Business Committee attorneys Zenas
Baer and Anita Flatt failed to appeal Holden's ruling, instead challenging the federal court's jurisdiction to enforce the act on the reservation. The defendants argued that
the case should be dismissed or
transferred to the White Earth
Band of Chippewa Tribal Court,
while the plaintiffs sought summary judgement in their favor
based on the BIA hearing and the
terms ofthe act.
Judge Frank came down
strongly on the side ofthe RBC,
ruling tliat the Roys' claim "is
stayed pending a decision by the
tribal court."
At dispute was whether the RBC
or the school was the "local educational agency" responsible under
IDEA. The Roys' attorney, Sonja
Kerr, maintained Circle ofLife
was clearly an independent entity
and described the notion that the
RBC served as the equivalent ofa
school board as "nonsense."
The district court paradoxically
ruled that BIA-funded schools are
considered LEAs for purposes of
determining eligibility for programs under IDEA but are not defined as such when it comes to "legal accountability for administration ofthe special education entitlement to Indian children."
"For all intents and purposes, it
appears to the Court that the White
Earth Reservation Business Committee operated as the LEA for
Circle ofLife, analogous to an Independent School District for its
member schools. If a judgment for
attorney's fees should be found appropriate in this action, then such a
judgment would be paid from
tribal funds. However, if the tribe is
CLAIM to page 4
Recall RLTC treasurer Dan
King Petition Drive nears goal
A Red Lake community
meeting to finalize the Recall
Dan King petition drive will be
held at the Red Lake Community Center on Monday, December 3, 2001 at 6:00 p.m. At
that meeting, Archie King, one
ofthe spokespersons for the petition drive, will finalize collecting the petitions and counting
signatures. As of Monday, November 26*, the total number of
signatures on the petitions was
1664, with more to be turned in
by December 3rd. Petition
spokespersons request that all
of those who are circulating petitions, or who want to sign a
petition, please contact either
Bill Branchaud at (218) 679-
2944 or Bill Lawrence in the
Twin Cities at (651 j 224-6656,
or leave a message at Bill's
Bemidji phone number, (218)
751-6285, and he will have
someone contact you.
At least 1760 signatures are
needed to be certain that the recall petition will be successful.
"We are almost there, but we
need the community's help to
make 100% that enough 'acceptable' signatures are submitted to the tribal council."
Organizers plan to submit the
petitions to the Red Lake tribal
council secretary, Judy Roy, on
Tuesday, December 4.
Dan King was elected Red
Lake tribal council treasurer by
36 votes in the July 1998 runoff election, defeating Darrell
Seki by a narrow 1% margin,
1573-1537.
Opposition
group takes over
Crow Tribal
offices while new
officers
Associated Press
CROW AGENCY, Mont. -
Members of an opposition group
remained inside Crow Tribal headquarters Tuesday, the day after they
took over the building while a new
tribal legislature was being inaugurated.
A Bureau oflndian Affairs law
enforcement official who declined
to give his name said the situation
was peaceful and that police were
maintaining a presence to ensure
tliat.
He said 70 to 100 people entered
the building Monday, but he had
OFFICERS to page 4
VOICE
O    F
THE
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Amariean
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A weekly publication.  Copyright, Native American Press, 2001
Founded in 1988
Volume 14 Issue f*({ty November 30, 2001
The Red Lake Chief making a speech to the Governor of Red River at Fort Douglas in
1823. Watercolor by Peter Rindisbacher. Rindisbacher was born in Switzerland in 1806,
and migrated to Selkirk's Red River Colony in 1821. Rindisbacher lived in Winnipeg and
Pembina forthe next seven years, sketching and painting scenes of everyday life there.
Courtesy James Ford Bell Library, University of Minnesota
Supreme Court rules some Indian gaming
subject to federal tax
AssociatedPress
WASHINGTON - The Supreme Court ruled Tuesday that
Indian tribes must pay federal
gambling taxes on pull-tab lottery cards and other tribal lottery
games.
States are not required to pay
federal excise taxes on wagers,
and two Oklahoma tribes argued
that Congress also intended to
exempt them.
"The language ofthe statute is
too strong to bend as the tribes
would wish," Justice Stephen
Breyer wrote for the court.
The case involves pull-tab lottery cards, which are sold to fi
nance reservation activities.
The Chickasaw Nation and
Choctaw Nation argued that the
federal Indian Gaming Regulatory Act was unclear on whether
lottery cards can be taxed.
Justice Sandra Day O'Connor,
in a dissent joined by Justice
David H. Souter, said the court
should have relied on the long-
established precedent requiring
governments to interpret ambiguity in tax laws in the light most
favorable to the tribes.
Exempting tribes from the
taxes "preserves the nations' sovereignty and avoids giving state
gaming a competitive advantage
that would interfere with the nations' ability to raise revenue in
this manner," O'Connor wrote.
Breyer said from the bench that
part ofthe law was badly written,
but "we do not think it means the
Indian tribes don't have to pay
the taxes."
Justices Antonin Scalia and
Clarence Thomas supported part
ofthe ruling, which affirmed a
decision by the 10th U.S. Circuit
Court of Appeals in favor ofthe
government.
The case is Chickasaw Nation
v. U.S., 00-507.
Indian leaders meet to discuss
health, education, other issues
Associated Press
SPOKANE, Wash. - Issues Of
sovereignty and economic development dominated conversation
and the agenda as this year's largest U.S. gathering of American Indian and Alaska Native representatives got under way.
More than 2,500 delegates were
expected at the five-day National
Congress of American Indians
conference. Sessions were scheduled on issues such as trust reform,
sovereignty protection, economic
development and health.
In opening remarks Monday,
Sen. Maria Cantwell, D-Wash.,
said the federal government has a
responsibility to increase spending
on Indian health and education
programs, and to aid economic
progress through access to broadband communications. She also
called for a comprehensive U.S.
Energy Department study oftribal
energy programs.
"The U.S. government must respect tribal sovereignty," said
Cantwell, a member ofthe Senate
Indian Affairs Committee.
Cantwell was among a host of
politicians invited to the conference by Indian leaders planning to
lobby for better funding of programs.
J. Steven Griles, deputy secretary at the Department of Interior,
was scheduled to appear Wednesday, with an-outline of a proposal
to create a new federal agency
charged with overseeing Indian
tmst assets.
The plan, recently announced by
Interior Secretary Gale Norton, has
been met with skepticism in Indian
Country.
The new agency - the Bureau of
Indian Trusts Management - would
have jurisdiction over millions of
dollars in royalties derived annu-   .
ally from mining, cattle grazing, oil
drilling and logging on Indian land
held in trust by the federal government.
Indian leaders agree there is
need for refonn, but there is disagreement over how to achieve it,
NCAI President Susan Masten
said.
"If anyone's account had been
mismanaged the way Indian accounts liave been mismanaged
there would have been a tremendous outcry," Masten said. "It
needs to be fixed and fixed
quickly."
The new bureau was created in
October, after a threat of contempt-
of-court citations against Norton
and nearly 40 other past and
present officials for their failure to
correct the situation. The funds
have been mismanaged for more
than a century, and a class-action
lawsuit on behalf of 300,000 Indians claims more than S10 billion
has been squandered.
Several of this week's sessions
are devoted to sovereignty and the
rights oftribal governments as independent nations. Members are
expected to vote on a resolution of
support for legislation asking Congress to clarify the rights oftribal
governments, Masten said.
Sen Daniel Inouye, D-Hawaii, a
champion oftribal sovereignty,
was scheduled to be keynote
speaker but canceled due to inclement weather tliat made flight
connections difficult.
Discussions oftribal business
ventures also are on tap, as well as
sessions on how economic condi-
INDIAN to page 4
Norton ordered
to trust fund
contempt trial
Secretary of Interior Gale
Norton and Assistant Secretary for
Indian Affairs Neal McCaleb have
just been ordered to stand trial to
face civil contempt charges for
their handling of tmst fund.
For "failing to comply" with
court orders and for "committing a
fraud on the court," U.S. District
Judge Royce Lamberth has called
the pair to trial starting Monday,
December 3. He will hold a hearing this Friday to discuss witness
lists and to schedule times for
testimony.
In granting the contempt motions, Lamberth sided with the
plaintiffs in the billion dollar
class action against the government on a number of issues, including:
• Failure to conduct an historical accounting ofthe assets of
American Indians
■ Failure to inform court of
true status ofthe accounting
• Failure to disclose true status
of two key tmst reform projects
• Submission of a "false and
misleading" status report on tmst
reform
Additionally, he said the government — despite the claims of
Norton's attorneys — cannot
challenge on a factual basis findings presented by court monitor
Joseph S. Kieffer III in four blistering reports and a supplemental
document except to those issues
raised in a November 15 filing.
Attorneys representing approximately 300,000 American Indian
beneficiares were bouyed upon re-
NORTON to page 4