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Airport dig yields new anthropological discovery

Airport dig yields new anthropological discovery
Thursday, 30 April 2009

Depiction of a palisaded village from 1100 A.D. Archaeologist Tasha Benyshek was unaware of the existence of such structures in this time period.

By Marla Dalrymple & Tony Wheeler
Staff Writers

A significant historical discovery was made last week when archaeologists at the site of the proposed Macon County Airport runway extension discovered two palisaded villages, circa 1100 A.D.

“We had no idea there were palisaded villages in 1100 A.D.,” said Tasha Benyshek, senior archaeologist on the project with TRC Solutions.

Benyshek has been working at the site for several weeks, removing top soil and performing preliminary mapping of archaeological features. Her crew was hired to perform artifact removal and data recovery on a portion of the area slated for a runway extension.

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The Macon County Airport is located in Iotla Valley on property that was once apparently home to several native peoples. Artifacts found on site date back as early as 2000 B.C., said Benyshek.

Two areas that were opened last week revealed features including post holes encircling structures.

The evidence suggests that vertical fences were used to fortify homesteads nearly one thousand years ago.

Benyshek called the discovery a rare find, citing few instances where such palisades were ever documented. “It’s a little known time period,” she said. “There are so many posts and features in that area.”

Most of what the archaeological crew has come across at the site dates to the Woodland Period, 500 A.D. Structures, storage and cooking pits have all been found.

Two palisaded villages date to 1100 A.D. complete with structures. The next period evidenced on the property is the Middle Qualla period, 1600-1750 A.D, with structures and pit features.

The crew will start systematically documenting structures and excavating pit features. “It is so dense,” said Benyshek, “it will take time. There’s quite a bit to do.”

The information gleaned will help scientists understand how people lived thousands of years ago. Benyshek said it will be interesting to learn if people lived in individual farmsteads, villages or compact villages during the different time periods.

The settlement patterns have been especially enlightening at the Iotla site, she said, providing vital clues about how villages were set up.

The two fortified villages, said Benyshek, were probably meant to keep people safe from something. “During some time periods, people felt the need to close themselves in,” said Benyshek.

Evidence can also provide clues to what people ate, what tools they used and what activities they participated in.

“It will be interesting to see what else evolves,” said Benyshek of the site.

The runway extension has been a source of controversy as some area residents have voiced concern over the historical and cultural significance of the site at county meetings.

Officials involved have stated that the extension will not only improve airport safety but may also help bring jobs to the area.

Cowee resident and Wild- South Cultural Heritage Director Lamar Marshall said that the new discovery substantiates the claims that the significance of the site was “glossed over” by agencies such as the State Historic Preservation Office, the Federal Aviation Administration and the Macon County Airport Authority.

“The airport expansion is a gross violation of taxpayer trust, a waste of taxpayer money for special interests, a slap in the face to the Cherokee Nation and their dead that are buried there, and a tragedy for the families and property owners of the Iotla Community,” said Marshall. “There appears to be a trail of special interests that could lead back to elite entities that will benefit from this ridiculous example of corporate welfare.”

Marshall has contacted an attorney on the grounds that violations have already occurred in regard to the extension and its preparations. Marshall said, “The people of Macon County and the Cherokee Nation will not be steamrolled without a fight.”

Airport Authority Meeting

Not much was on the agenda for the regular meeting of the Macon County Airport Authority on Tuesday, April 28 – mainly the election of officers to serve the next two years and an executive session to discuss contractual matters. Though the meetings have always been open to the public and always will be, until recently they were rarely attended by anyone other than authority members or the media. That has not been the case lately. Seven visitors showed up on Tuesday thinking they might have a question and answer session with the authority.

The authority did allow for a public comment period during a packed house at the last meeting, though some of the questions posed would have to be answered at a later time, said Chairman Milles Gregory. “The board is being as accommodating as it can by allowing this public discussion today,” Franklin Mayor Joe Collins said. Collins serves as a lawyer for the authority. “This isn’t a public hearing; we don’t have to do this. But realistically, it is always better to let the people be heard.”

At Tuesday’s meeting, four of the visitors signed up to speak during the public comment period and were given three minutes each to air their thoughts. Lucy Meadows Smarr had a few questions she wanted answered. “Specifically, I want to know what type of permanent jobs will be provided. In conversations, you’ve said the airport runway extension will bring in a lot of jobs. I want to know specifically,” she said.

Collins replied, “On behalf of the authority, this is a public comment session, it’s not a back and forth. You have the right to pose questions, but it’s not the job of the authority to provide feedback.

“Well, how can you get these answers?” Smarr asked.

Gregory told her, and the others wanting to speak, to submit the questions in writing to the authority secretary, Teresa McDowell, and he would provide an answer by mail.

Smarr also wanted to know about the petition against the runway extension. “I’d like to know how many are against the extension and who they are,” she said. She commented on the time of day the authority meetings are held, 4 p.m. “Most people are at work and can’t attend. How can we address changing the time of the meetings?”

“We’ll get an answer to you,” Gregory said.

Debby Boots addressed the authority next. Her comments concerned an article she read about the Department of Fish and Wildlife where they stated they had not been involved in discussions with the authority about the runway extension since 2002. Critical wildlife habitat is located downstream of the project and Boots wanted to know why Fish and Wildlife wasn’t involved.

“The board can speak if they like, but again, this is a public comment session. It’s designed for you all to give comments to the board, not a question and answer session,” Collins said.

Dolly Reed stepped up and asked about the 100 percent data recovery at the site. Gregory explained that they are not doing 100 percent recovery. On 3.5 acres, they are doing stripping, mapping, and identifying. She then asked what type of jets would be landing there and Gregory replied they would be the same types as are landing now.

Norm Roberts, a former authority member, gave a presentation on the instrument approach system and how important it is to the airport. Due to recent technological advances like GPS, the airport is now part of the Air Traffic Control System, and some flights can be monitored from Atlanta. He praised the authority members for all of the hard work they’ve been doing.

With more praise came Patricia Stoker. She lives on McCall Circle near the airstrip, she said. “I love the airport. When I first moved here people would tell me ‘Oh, be careful because they're going to expand the airport and there’s going to be all kinds of cargo and big casino jets coming in' and I said ‘Oh. Oh, good.’”

She said she was definitely for the expansion and is glad it’s finally happening. “I’d love to see this place become a tourist destination for private aircraft,” she said.

The authority then went on to business. They decided to send a draft budget to the Board of Commissioners totaling $47,000. This is the amount they received last year and kept the proposal at the same figure due to the economy. The budget is mostly for operating expenses, said Treasurer Pete Haithcock.

Milles Gregory was reelected as chairman, Harold Corbin as vice-chair, and Pete Haithcock as treasurer.


http://www.maconnews.com/index.php?option=com_content&task=view&id=4607&Itemid=34

Black Eagle takes chairman's oath, vows push for prosperity

Black Eagle takes chairman's oath, vows push for prosperity
100 vehicles take part in parade before inauguration ceremony
By SUSAN OLP
Of The Gazette Staff

CROW AGENCY - Cedric Black Eagle, sworn in Tuesday as chairman of the Crow Nation, told an audience of hundreds that he is ready to lead his people into a future of hope.

"We have chosen prosperity and not fear," Black Eagle said, standing at the podium of the Apsaalooke Center in Crow Agency. "We have chosen unity, to bring the Crow Nation into one accord in this one time in our lives. We will bring the entire Crow Nation together because finally hope and unity and the common purpose to bring us as a nation to prosperity are real, and we are almost there."

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The former vice chairman was elected chairman April 18, slightly more than two months after his predecessor, Carl Venne, died of natural causes.

The inauguration ceremony began shortly before noon, after Black Eagle, dressed in his regalia, rode on horseback in a parade through Crow Agency. More than 100 riders joined Black Eagle in the parade, as did floats and vehicles representing numerous tribal agencies. Lt. Gov. John Bohlinger rode on horseback in the parade. He later spoke during the inauguration, telling the audience that Gov. Brian Schweitzer, who has developed close ties to the Crow Tribe, had to remain in Helena on the Legislature's final day.

Despite the cold, cloudy weather, local residents lined the parade route. They were rewarded with candy tossed by many parade participants.

Once inside the Apsaalooke Center, Black Eagle took part in a cleansing ceremony before the start of the inaugural. To the beat of drums and songs, he walked to the front of the auditorium as part of a warrior's entrance.

Black Eagle took a seat on the platform with his wife, Audrey, and other tribal officials. Before the swearing-in, he signed a letter resigning his post as vice chairman.

Chief Judge Angela Russell administered the oath of office to Black Eagle. He vowed to uphold the office of the chairman, as established by the constitution of the Crow Tribe.

His words were met with loud cheering, clapping and whistles from the audience.

Black Eagle assumed the duties of interim chairman after Venne died on Feb. 15. Black Eagle, 50, had just begun his second term as the tribe's second-in-command.

He ran for the tribe's top job against nine others and was the top vote-getter in the March 28 primary election. He defeated Leroy Not Afraid in the April 18 general election by a vote of 2,521-850.

The tribe has 60 days to elect a new vice chairman.

During the ceremony, letters of congratulations were read on behalf of U.S. Sens. Max Baucus and Jon Tester by Del Laverdure, chief of the tribe's legal staff.

Bohlinger, who called Tuesday "a great day here in the Crow Nation," said it was also a day of remembrance for the passing of Venne. Bohlinger said Black Eagle's participation in the executive branch under Venne's leadership was a key component to the tribe's success.

"We know that through your leadership, the Crow Tribe will take full advantage of future opportunities that will move the tribe towards further prosperity," Bohlinger said.

Donald Spotted Tail, executive assistant to the chairman's office, gave the keynote address and he talked about the transition of the past two months.

"We proved we can stand together even in difficult times," Spotted Tail said. "This morning as the sun rose, it brought a new day, a new chapter in the history of the Apsaalooke nation. It is a day of renewed hope, a day full of opportunity and great potential for our people."

He introduced Black Eagle, who received a standing ovation.

Black Eagle told his audience that the Crow Nation is faced with challenges, such as working for passage of the Crow Water Claims Settlement Act and the Crow Land Restoration Act, both now in Congress. He also pointed out that, by virtue of the tribe's location, it is blessed with abundant natural resources that the tribe's leadership is moving toward responsibly developing.

"I believe, as a nation, we are ready to make dramatic improvements to our economy, creating jobs, building homes, creating small business opportunities, improving our health care and creating one reservation-wide school system so that we can make a difference in the future of our children," Black Eagle said.

He also spoke of preserving the Crow language and creating a museum to bring home Crow artifacts to share the tribe's history for generations to come. Black Eagle also remarked that it is time for unity to happen among all tribes.

"It is time in this day and age to do as they say, we shall bury the hatchet," he said "We will all work together to make a difference in our lives as the first Americans of these lands we have called home since time immemorial."

http://www.billingsgazette.net/articles/2009/04/29/news/state/18-blackeagle.txt

Judge denies motions in Annie Mae Aquash murder case

Judge denies motions in Annie Mae Aquash murder case
By Heidi Bell Gease, Journal staff | Wednesday, April 29, 2009

The Bureau of Indian Affairs does not have to disclose information on any investigation of what a defense attorney says was an improper relationship between a government informant and the lead investigator in the 1975 slaying of American Indian Movement activist Annie Mae Aquash, a judge has ruled.

U.S. Magistrate Judge Veronica Duffy also denied a request by Richard “Dickie” Marshall’s defense attorney asking that federal prosecutors provide inmate records for Arlo Looking Cloud, who was convicted in 2004 of Aquash’s death and is serving a life sentence.

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Marshall, 57, and John Graham, 52, are scheduled to go on trial in U.S. District Court May 12 for the murder of Aquash, whose body was found on the Pine Ridge Indian Reservation in February 1976.

According to federal court documents, prosecutors say they don’t have inmate files for Looking Cloud, nor do they have evidence of any complaint or investigation of alleged misconduct between former U.S. Marshall Robert Ecoffey and a female witness with the code name “Maverick.”

Duffy wrote that prosecutors are not required to obtain documents for the defense if those agencies are not acting on behalf of the government.

Defense attorney Dana Hanna had also requested records regarding what he called an “improper relationship” between Ecoffey and Maverick, saying that evidence of an investigation or sanctions would “impeach the credibility of Ecoffey and the integrity of the government’s investigation of the facts of this case.”

Duffy denied the request, writing that “the key fact which has the possibility of reflecting on the credibility of the witnesses is the fact of the relationship itself, not any action that may have been taken by Mr. Ecoffey’s employer when faced with evidence of the relationship at some later date.” Hanna can cross-examine Ecoffey regarding the issue, she said.

Duffy will allow defense attorneys to review Maverick’s criminal record. The trial court would then determine whether any information on that criminal record is admissible at trial.

If convicted Marshall and Graham face life in prison.

Contact Heidi Bell Gease at 394-8419 or heidi.bell@rapidcityjournal.com

http://www.rapidcityjournal.com/articles/2009/04/29/news/top/doc49f8da0629e84672794113.txt

Judge says woman must be paid damages based on 1868 Sioux treaty

Judge says woman must be paid damages based on 1868 Sioux treaty
Matthew Gruchow • mgruchow@argusleader.com • April 29, 2009

A Native American woman from Rapid City has won a historic ruling in federal court based on a century-old treaty between the U.S. government and the Oglala Sioux Tribe after she was sexually assaulted by a military recruiter.

The U.S. government will have to pay Lavetta Elk, formerly of Rapid City, nearly $600,000 in damages after she was sexually assaulted by Army recruiter Staff Sgt. Joseph Kopf in his car January 2003, according to court documents. Judge Francis Allegra based the ruling on a “bad men” provision in the April 29, 1868 treaty between the government and the Oglala Sioux Tribe.

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That provision of the Fort Laramie Treaty “provides that if ‘bad men’ among the whites commit ‘any wrong’ upon the person or property of any Sioux, the United States will reimburse the injured person for the loss sustained,” according to court documents filed Wednesday.

The judgement against the U.S. government based on the treaty is unprecedented, said Adam Horowitz, Elk’s Miami-based lawyer. It also is a marked change in interpretation of Indian treaties which have historically been construed negatively, he said.

“Never before has this treaty been used to bring such a claim,” Horowitz said. “It creates precedent for Native Americans who belong to tribes with treaties like this in effect.”

Elk, who was 19-years-old at the time of the assault, now is married and lives with her family in California. She could not be reached for comment.

Read more in Thursday's Argus Leader.

http://www.argusleader.com/article/20090429/UPDATES/90429030/1001/news

Eastern Band, Cherokee Nation to reunite

Eastern Band, Cherokee Nation to reunite
by Jon Ostendorff
April 16, 2009

CHEROKEE – The Eastern Band of Cherokee Indians and the Cherokee Nation will reunite this week at the place where they fought government plans to send them west 171 years ago.

The show of solidarity and culture at Red Clay State Park in Cleveland, Tenn., is only the second time the two governments have returned to the place where Cherokee Chief John Ross learned his people would be forced from their homeland.
“It is a good thing for us to come together with the western tribe,” said Shirley Oswalt, who lives in the Snowbird community in Graham County. “It is like families coming home for a reunion.”

Federal troops in the spring of 1838 rounded up about 17,000 Cherokee and forced them to walk to Oklahoma on what became known as the Trail of Tears. At least 4,000 died along the way.

Red Clay was the Cherokee capital at the time. The government had moved there from its capital city of New Echota in north Georgia after the state outlawed its meetings.

The two nations reunited for the first time at Red Clay in 1984. The events this week start today with a symposium of scholars and cultural demonstrations.
Members of both tribes will run a relay to carry a symbolic eternal flame to Red Clay from Cherokee. Eastern Band Principal Chief Michell Hicks and Cherokee Nation Principal Chief Chad Smith will carry torches to lead the runners into the historic Red Clay Council Grounds.

There, leaders from both governments will meet in a joint council to pass resolutions to symbolize the reunification of the Cherokee Nation. The event ends Saturday with traditional dances, music, storytelling, a stickball game and arts and crafts demonstrations. It is free and open to the public.

“As a people and as U.S. citizens, we have an obligation to educate our children and our people about our ancestry and history,” Hicks said in a statement. “This event will assist us in moving the Cherokee people forward while remembering the trials and lessons learned from our past.”

The Eastern Band has about 12,000 enrolled members and the western Cherokee's rolls contain more than 200,000 names.

Barbara Duncan, a scholar with the Museum of the Cherokee Indian, said the reunion next weekend, with food, traditional crafts and games, will turn Red Clay into a place much like it was in the late 1830s. Travelers at that time reported seeing not just a political capital, but a vibrant representation of Cherokee culture.
The reunion aims to live up to that.

“It is kind of a celebration that the Cherokee people are still alive and still here,” she said.

Tom Belt, the Cherokee language coordinator at Western Carolina University who is a member of the Cherokee Nation, agreed.

“It's an event that symbolizes the survival of the Cherokee people in many ways,” he said. “It validates our common ancestry and our common homeland as well as our common history.”

He said it's also a way to make sure traditions live on.
“For our children, it passes down the richness of their own legacy,” he said.
____
Call Jon at 828-452-1467 or e-mail JOstendorff@CITIZEN-TIMES.com.
Copyright © 2009 CITIZEN-TIMES.com

www.citizen-times.com/apps/pbcs.dll/article?AID=2009904160346


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Bear Butte forum calls for understanding

Bear Butte forum calls for understanding
By Jason Gross, Meade County Times-Tribune staff | Sunday, April 26, 2009

STURGIS -- People who consider Bear Butte a sacred site met for three hours Saturday morning to share their views on issues they fear could damage the peaceful atmosphere there and the use of the park as a place of worship for Native Americans.

One of those is the Meade County fire ban, imposed each July during the Sturgis motorcycle rally. Bear Butte State Park Manager Jim Jandreau explained that no campfires are allowed because of potential wildfire danger.

Ceremonial rites are affected, according to Jandreau. He encouraged those concerned to visit with fire officials, Game, Fish & Parks personnel and others about the issue.

"The intent was a safety factor," Jandreau said of the yearly ban. "It has nothing to do with our spirituality or ceremonial ways."

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Janet Clairmont said she will address the Meade County Commission on Wednesday, May 6. She will make a request for Bear Butte Lodge fire pit approval, according to the meeting agenda.

A proposed annexation of land east of Sturgis is also a concern.

Uma Black Crow Wilkinson, who said protection of Bear Butte's land and water are important to her, said not many people are aware of the proposal and called for more meetings about that and other issues surrounding the butte.

Area rancher Ross Lamphere addressed that annexation, saying if the effort succeeds, city limits will be about 1/4-mile north of Bear Butte Creek along S.D. Highway 79.

Lamphere estimates that boundary would be less than 3 miles from Bear Butte, and said the city, through state statute, will have jurisdiction for platting purposes.

At least four parcels around the butte are for sale. Meeting attendee Nancy Hilding said one of those, the Grubl property, occupies 120 acres and has been on sale for two or three years.

"Most of the legislators were receptive to purchase of land," Sen. Jim Bradford, R-Pine Ridge, said, referring to efforts to have the state buy some of the land to create a buffer zone. He said some state funds could be available because the state received some stimulus funding.

Bradford emphasized he attended the meeting to get the people's perspective. "The legislators are ready," he said. "They know they want to do something."

Native people need to be in a primary consultation role for butte use and management, Black Crow Wilkinson said. She said Natives are consulted but need to be in more of a leadership role.

"The sacredness of that site should probably be considered above and beyond any recreational use," Black Crow Wilkinson said.

Bear Butte is one of seven Black Hills sites sacred to the Lakota, elder Marie Randall said.

Randall called for understanding about how people can work together. "We need to learn to do more sharing than controlling," Randall said.

http://www.rapidcityjournal.com/articles/2009/04/26/news/local/doc49f3eb8c52743683964578.txt

Interior secretary announces $500M for tribes

Interior secretary announces $500M for tribes
By The Associated Press Saturday, April 25, 2009

BISMARCK — Interior Secretary Ken Salazar says $500 million in federal stimulus money will go to American Indian tribes across the U.S. for schools, housing, infrastructure improvements and job programs on reservations.Salazar made the announcement Saturday at the United Tribes Technical College in Bismarck.

Indian Affairs programs funded through the stimulus investments include:- $143.1 million for school improvement and repairs- $142.5 million for road maintenance- $134.6 million for school replacement construction- $19 million for Housing Improvement Program- $13.3 million for construction workforce on-the-job training in maintenance- $5.7 million for workforce training- $7.3 million for detention center maintenance and repairs- $9.5 million for Indian Guaranteed Loan Program Salazar plans several stops in North Dakota, including an energy center on the Fort Berthold reservation and the Great Plains Synfuels plant to look at its carbon capture project. He also plans to visit North Dakota communities hit by flooding.

http://www.rapidcityjournal.com/articles/2009/04/25/news/top/doc49f329be9181f512579387.txt

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South Dakota judge: One trial for two AIM members

South Dakota judge: One trial for two AIM members
By The Associated Press Saturday, April 25, 2009

A U.S. District Court judge has affirmed a magistrate judge's conclusion that two men charged with the 1975 slaying of a fellow American Indian Movement member can be tried together.John Graham and Richard Marshall are to stand trial May 12 in Rapid City on charges they committed or aided and abetted the murder of Annie Mae Aquash near Wanblee.

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The prosecution theory is that Marshall provided the gun Graham used to kill Aquash. Both men pleaded not guilty, and their lawyers asked for separate trials.But U.S. Magistrate Judge Veronica Duffy issued an order in December concluding the law allows jurors to consider both men's cases together.U.S. District Judge Lawrence Piersol affirmed that ruling in an order issued Thursday.


http://www.rapidcityjournal.com/articles/2009/04/25/news/local/doc49f1e89a5e9dd772397731.txt

Oglala Sioux Tribe settles Road Debt Lawsuit

OST road debt loan shuts down highways
By Mary Garrigan, Journal staff

The Oglala Sioux Tribe will borrow $1.1 million from a Gordon, Neb., bank to pay off a $1.5 million arbitration award it owes to a Sioux Falls road contractor, the tribal council decided this week.

The OST council voted 16-1 on Monday to end its longstanding dispute with C&W Enterprises that was threatening the tribe's ability to meet its bi-weekly payroll.

The original $1.25 million settlement, plus 10 percent annual interest that accrues daily, will be paid in full by Thursday or today, according to George Patton, legal counsel for the OST council. As of Thursday, that amount was $1,539,136.

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Recently, the tribal payroll account at First National Bank of Gordon had been frozen by court order until the legal judgment against the tribe is paid, according to Russ Janklow, the Sioux Falls attorney representing C&W. To meet its $2.4 million monthly payroll, the tribe had no choice but to pay the settlement quickly, Janklow said.

"The tribe's now in a situation, financially, they have no choice," Janklow said. To delay payment of the award any longer would create "financial disarray" for OST, he said. "It's in the best interest of the tribe to get this done."

Patton declined to provide details of the loan from First National or specifics about repayment. OST President Theresa Two Bulls will issue a statement when she returns from a trip to Washington, D.C., he said.

Proceeds from the tribe's share of the state motor fuels tax that's collected on the reservation will be used as collateral for the loan, the ordinance states. In 2008, the state returned $1,027,092, or 96 percent of the motor fuels tax it collects on the reservation, to the tribe, according to the state Department of Revenue.

Jeff Whalen, OST Transportation Department director, disagrees with Janklow and was disappointed by the council's action.

He called the decision to settle the dispute premature and said the loan payments will decimate the tribe's motor fuels program and the road projects it funds.

"I think the council acted very hastily on this action," Whalen said. "It effectively shuts down the entire program. As I understand it, they wiped out the account."

The tribe's transportation department relies on between $80,000 to $120,000 per month in motor fuels tax to do road projects and repairs that are not paid for by federal funds. "That money all went to the road system, to cover road work that wasn't financed by federal transit funds," he said.

Whalen said the council's action forced him to layoff seven employees and will eliminate the maintenance of roads on private and trust properties that are essential for public safety. Sometimes, the tribe constructs gravel roads where only a dirt trail led to a private home, he said. "These are roads leading to homes of the elderly, to people who need to get in and out of their homes for medical reasons," Whalen said. "As I understand it, they wiped out the account."
Whalen argues the motor fuels tax paid for "essential services" and, as such, under state law is not available for garnishment to pay the arbitration settlement. He said another circuit court hearing that had been scheduled for Tuesday might have declared garnishment of those funds unlawful.

"Jeff Whalen is totally wrong and he's been wrong all along," Janklow said. Every court that has ruled on the award since it was levied in 2006 by American Arbitration Association has ruled in favor of Warren Barse, the owner of the now-defunct C&W Enterprises, a Native American-owned construction firm.

Janklow said Barse is happy to have the long legal battle resolved but frustrated that the case cost "hundreds of thousands of dollars" in legal fees for both parties. It also cost him his business, which at one time employed 70 workers.

"This effectively shut down his business," Janklow said. Barse is currently employed by another construction company.

The legal case involved four road construction contracts on the reservation, three of which had arbitration clauses built in. When payment disputes arose, the tribe also agreed to have the fourth contract arbitrated outside of tribal courts.

Janklow said he fears the 3 1/2-year dispute, which began in January 2006 when Burse filed for arbitration and was awarded a settlement of slightly more than $1.25 million, could affect the quality of road construction on Native American reservations. "I think you'll always find contractors, but I'm afraid it might not necessarily be quality contractors because of their fear of what happened here."

Contact Mary Garrigan at 394-8424 or mary.garrigan@rapidcityjournal.com.

http://www.rapidcityjournal.com/articles/2009/04/25/news/local/doc49f0b608a11d2981323832.txt

April 30 , 2009 NCAI Webinar on the Department of Agriculture Provisions for Tribes in the Stimulus

April 30 , 2009 NCAI Webinar on the Department of Agriculture Provisions for Tribes in the Stimulus

Thursday, April 30, 2009 2pm – 3:30pm
Call-In #: (866) 379 – 3045Conference ID #: (to be provided)(To hear the webinar audio, you must dial into the above teleconference. Audio will not be streamed live over the internet.)

Webinar: Join the meeting.(Slides for the meeting will also be posted on the NCAI Economic Stimulus website www.indiancountryworks.org/webinars.cfm as early as possible before the webinar.)

NCAI will host a teleconference on the United States Department of Agriculture (USDA) provisions for which tribes are eligible. The USDA was appropriated $28 billion (3.5 percent) of the package. The Act:

Provides $19.7 billion to increase the monthly amount of nutrition assistance to 31.8 million people, including the Food Distribution Program for Indian Reservations and a special supplemental program for Women, Infants and Children,
Enables expanded opportunities for broadband loans and grants to rural communities,
Expands funding opportunities to develop water and waste facilities,
Provides funding opportunities to develop rural community facilities, and
Includes technology and environmental provisions among others.
Tribes with interests in the above areas are encouraged to participate in this informative teleconference with representatives of the USDA.



April 29 , 2009 (Date Changed) NCAI Webinar: Update on Tribes and the American Recovery and Reinvestment Act
Wednesday, April 29, 2:00 - 3:30 pm EASTERN
Call-In #: (866) 379-3045
Passcode: 96292623

To join the webinar, click here: Join the Meeting

Over the past nine weeks since the Recovery Act was signed, NCAI has provided a series of webinars and teleconferences on specific provisions of the Act. Now is the time to provide a periodic update on the overall status of the government activities, provide an overview of NCAI resources, and to hear from tribes on your experiences. This webinar will provide tribes and other interested persons the opportunity to ask questions, express concerns, and make recommendations for future webinars and teleconferences. Please join us for this opportunity.




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JESUIT SEX ABUSE LAWSUITS FILED ON BEHALF OF NATIVE AMERICANS

TAMAKI LAW OFFICES
Submitted and written by: Ken Bear Chief 4/21/2009


For Immediate Release

JESUIT SEX ABUSE LAWSUITS FILED ON BEHALF OF NATIVE AMERICANS
The Oregon Province, Society of Jesus is a Jesuit religious organization that staffed and managed Catholic churches, missions, and schools located on Reservations in Washington, Idaho, Oregon, Montana, and Alaska.

For over 40 years the Oregon Province sent pedophile priests to isolated Indian reservations where the priests were able to prey upon vulnerable children attending these Jesuit run institutions. Hundreds of Native Americans are now coming forward with their claims of physical and sexual abuse by members of the Jesuit Society from when they were children attending these remote missions, schools, and churches.

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Tamaki Law Offices of Yakima, Washington filed suit in the United States District Court, Eastern District of Washington on behalf of 18 Native American victims of physical and sexual abuse against the Society of Jesus, Oregon Province. As a result of this lawsuit and many more against the Society of Jesus, Oregon Province, the Province filed bankruptcy on February 17, 2009.

Blaine Tamaki, lead attorney in the suit filed against the Oregon Province said, “We now represent upwards of 30 Native American claimants; the majority of those victims who have come forward and are speaking out about the physical and sexual abuse they suffered as children at the hands of these individuals attended St. Mary’s Mission located near Omak, Washington on the Colville Reservation.” Tamaki went on to say, “it is imperative that all those who attended these Jesuit institutions in Washington, Idaho, Oregon, or Montana who may have been victims of physical or sexual abuse by a Jesuit priest, brother, volunteer, or employee to come forward and speak out about the abuse they suffered.”

Mr. Tamaki explained that, although the perpetrators cannot face criminal charges due to the time that has elapsed since the abuse, they are subject to civil liability for the harm they have caused to their victims. Tamaki stated that the bankruptcy court will soon establish a deadline after which no other claims of abuse against the Oregon Province will be allowed; therefore, victims of abuse only have a limited time to come forward. In closing, Tamaki said that if you were a victim of abuse there are opportunities for you to come forward and be heard.

If you'd like more information about this topic, or to schedule an interview with Blaine Tamaki or Bryan Smith, attorneys at Tamaki Law Offices, please call toll free at 800-801-9564 or visit our websites: www.tamakilaw.com or www.priestabuselaw.com e-mail: kbearchief@msn.com

Interior secretary celebrates public lands law

Interior secretary celebrates public lands law
By the Associated Press


ALBUQUERQUE — U.S. Interior Secretary Ken Salazar said Friday that over the past two centuries America's best ideas for protecting its vast and open lands have arrived when the country has been facing its most trying times.

Now is no different, Salazar told a crowd of dignitaries, state and federal workers, volunteers and conservationists who gathered at the New Mexico Museum of Natural History to celebrate the omnibus public lands bill recently signed into law by President Barack Obama.

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"In these moments when our national character is most tested, when we find ourselves in the midst of two wars and with a very difficult economic challenge ahead of us, it is important for us to protect that which fills our spirits," Salazar said.

He was talking about the more than 2 million acres that will be protected either as wilderness, conservation areas or national monuments and the thousands of miles of trails and rivers that will be nationally recognized.

In northern New Mexico, more than 16,000 acres were carved out to form the Sabinoso Wilderness, where pinon- and juniper-covered mesas fall away into deep sandstone canyons. Land in southern New Mexico was set aside as the Prehistoric Trackways National Monument to protect fossilized animal tracks believed to be 290 million years old.

The law also established New Mexico's first subsurface conservation area with the Fort Stanton cave system, which includes Snowy River — believed to be the longest continuous calcite formation in the world. Tiny white crystals flow for more than 4 miles like a river between the cave's muddy walls.

The public lands act also included key water legislation that will clear the way for bringing running water to part of the nation's largest American Indian reservation and ensuring that New Mexico communities will not run out of drinking water in the future.

Salazar was flanked by members of New Mexico's congressional delegation, Bureau of Land Management state director Linda Rundell and Lt. Gov. Diane Denish as he praised those who pushed to get the measure through Congress.

Navajo Nation President Joe Shirley Jr. also attended Friday's celebration. He said the tribe is on "cloud 10" knowing that a decades-long dispute over the tribe's water claims is now settled and about 80,000 Navajos will finally have running water.

"It means water. It means jobs. It means infrastructure. It means a lot of good things," Shirley said.

On Friday, Shirley and Salazar met privately to discuss water, education and job training initiatives aimed at improving the quality of life on the Navajo reservation, where more than half of the people are without jobs.

Salazar said he is committed to upholding Obama's pledge to work with American Indian leaders to fulfill the federal government's treaty and trust obligations.

Salazar and Shirley also talked about the benefits of the American Recovery and Reinvestment Act for federal recognized tribes. Salazar's office said he will be releasing details on the act's specific Indian Country provisions in the near future.

http://www.scsun-news.com/ci_12170033

Indigenous people discuss climate change

Indigenous people discuss climate change
Hundreds converge in Anchorage for global climate conference
By Mary Pemberton | The Associated Press
April 22, 2009


ANCHORAGE - Hundreds of indigenous people from around the world are gathering in Anchorage this week to discuss climate change and solutions to a warming planet.

The Indigenous Peoples' Global Summit on Climate Change, a five-day United Nations-affiliated conference, will run through Friday, with about 400 people from 80 nations expected to attend.

On the first full day of the conference on Monday, reports on climate change will be presented covering seven regions around the globe.

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"Indigenous peoples have contributed the least to the global problem of climate change but will almost certainly bear the greatest brunt of its impact," said Patricia Cochran, chair of the Inuit Circumpolar Council, an organization representing approximately 150,000 Inuit of Alaska, Canada, Greenland, and Chukotka in Russia. The council is hosting the event.

While indigenous people are often "on the front lines" of the problem, Cochran said their voices are often not heard when discussing climate change.

The summit intends to change that, she said.

"We wanted to have a unified voice, to be able to have more influence over the political and other decisions that are being made that impact our communities," said Cochran, who also chairs the summit.

Organizers said the summit will conclude Friday with a declaration and an action plan, and a call to governments around the world to include indigenous people in any new regimes on climate change.

Conference recommendations will be presented to the Conference of Parties at the United Nations Framework Convention on Climate Change in Copenhagen, Denmark, this December.

The problems of climate change are real and pressing for many, organizers say. Take the case of Newtok, a village of about 325 people in western Alaska. The Ninglick River is rapidly consuming the land around the Yupik village, forcing residents to relocate to higher ground.

"The global warming is really strong," said Newtok resident Stanley Tom, one of the conference delegates. "The whole village is sinking right now."

Tom said with the increase in temperature, the permafrost has become extremely delicate and the tundra now is prone to tearing if vehicles run over it in the summer.

Village residents stay off it, he said.

"Once it tears, it starts to melt," Tom said.

Summit co-sponsor, Sam Johnston of Tokyo-based United Nations University, said southern Australia is experiencing the worst drought on record. The drought is occurring in an area of the country where much of Austalia's fruit, vegetables and grains are grown.

"It is having a dramatic impact on everybody, including the indigenous people," he said.

Johnston said people living in the Torres Strait Islands of Queensland, Australia, are being forced to move their township because of rising sea levels. The damage from storm surges is forcing them out, he said.

In Papua, New Guinea, indigenous people are being forced to relocate because a rise in sea level is flooding coastal areas there. Entire communities living off the Papau coast are moving back to the mainland.

In Borneo, climate change on the island in Southeast Asia is being blamed on the loss of traditional medicinal plants. And in Mexico, Mayan farmers in the highlands are having to find new ways to irrigate their crops because of a shortened rain season.

If the loss of glaciers continues in the Andean region along the western coast of South America, the growing season could be cut in half. That's because farmers would have only rainwater to irrigate.

In Kenya in east Africa, protracted droughts are killing livestock on which people there depend on for food and economic survival.

Organizers said indigenous groups hope not only to share with others how climate change is affecting their communities but also share ways in which traditional knowledge can be used to lessen the affects of climate change.

Indigenous groups have knowledge that can help, said Cochran. That's because indigenous people have centuries of experience when it comes to adapting to harsh environments, he said.

For example, the Aborigines in a large reserve in northern Australia have used traditional fire practices to reduce greenhouse gas emissions, allowing them to sell $17 million worth of carbon credits to industry, which in turn has generated significant new income for the community, Johnston said.

Tom said his small Alaska village is now an island, surrounded by a river that is eroding the very earth under their homes. But, he said, Newtok is not alone. Other Alaska villages are having similar problems with erosion and flooding.

Tom wants to learn more about what is happening to indigenous people elsewhere in the world.

"I am really interested outside of Alaska how they are being affected," he said.

http://www.juneauempire.com/stories/042009/sta_431099698.shtml

Winnemem Wintus sue federal agencies over Shasta Dam, other issues

Winnemem Wintus sue federal agencies over Shasta Dam, other issues
By Dylan Darling (Contact)
Tuesday, April 21, 2009

SACRAMENTO - Following a night-long war dance, members of a north state American Indian tribe Monday marched from a camp on the American River to the Capitol to announce a lawsuit against six federal agencies.

The lawsuit claims that the agencies, as well as two top officials, have caused destruction or damage to cultural sites in Shasta County.

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The lawsuit - filed electronically late Sunday night by the Winnemem Wintu in the Eastern District Court of California in Sacramento - details village sites, ceremonial rocks and other sacred places that have been damaged or are threatened, according to the tribe.

"We hope this lawsuit and war dance will protect our basic quality of life and ensure our freedom to maintain our traditions and culture," Caleen Sisk-Franco, the tribe's spiritual leader, said in a statement released Monday.

In particular the tribe, which is not federally recognized, is worried about the Bureau of Reclamation's study of potentially raising Shasta Dam. Doing so could flood 20 sacred sites along the McCloud River arm of Lake Shasta, tribe leaders have said.

The tribe says the lawsuit is an attempt to stop further damage and also to win compensation from the government for past damage. No amount was specified.

"It would be premature to put a number on it," said Jayne Fleming, an attorney with Reed Smith in Oakland, which is providing free legal service for the tribe.

On Sunday, members of the tribe held a "war dance" ceremony at Camp Pollock, a Boy Scout camp along the American River. The dance, which included fasting and prayer, was the continuation of a similar dance held at Shasta Dam in 2004.

On Monday morning, the group walked about a mile from the camp to the Capitol, where they held a press conference about the lawsuit.

The suit was filed against the Department of the Interior, Bureau of Reclamation, Bureau of Indian Affairs, Bureau of Land Management, U.S. Forest Service, Department of Agriculture, Interior Secretary Ken Salazar and Agriculture Secretary Tom Vilsack.

Fleming said one of the possible remedies for the agencies is to restore the tribe to federal recognition. She said the tribe lost its status when they were left out of the federal registry in the 1980s.

"The end goal is to make sure the tribe has a voice," Fleming said.

Reporter Dylan Darling can be reached at 225-8266 or ddarling@redding.com.

http://www.redding.com/news/2009/apr/21/winnemem-wintus-sue-federal-agencies-over-shasta/

New Energy Company Created in Indian Country

New Energy Company Created in Indian Country
Assiniboine & Sioux Tribes Sign Agreement with Native American Resource Partners to Develop Fort Peck Energy Company

SALT LAKE CITY & POPLAR, Mont.--(BUSINESS WIRE)--The Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation in northeastern Montana and Native American Resource Partners (NARP), headquartered in Salt Lake City, have signed an agreement creating Fort Peck Energy Company. The Assiniboine and Sioux Tribes together with Native American Resource Partners will co-develop the hydrocarbon-based energy resources on the Reservation.

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Native American Resource Partners will provide business and financial expertise and experience for the new venture including access to investment capital through Quantum Energy Partners, a leading provider of private equity to the global energy industry with more than $5 billion in assets under management.

“This partnership brings together the essential elements that can build success,” noted A.T. Stafne, Chairman of the Tribal Executive Board. “Energy investment capital and expertise together with the abundance of our natural resources have the potential to create long-term financial sovereignty for the Tribes while providing a great investment opportunity for NARP and Quantum. Non-tribal residents on and around the Reservation will also benefit from our partnership and the operations of Fort Peck Energy Company.”

The Fort Peck Reservation is located in the extreme northeast corner of Montana, on the north side of the Missouri River. The Reservation is 110 miles long and 40 miles wide, encompassing more than 2,000,000 acres. There are an estimated 11,786 enrolled tribal members, of whom approximately 6,000 reside on or near the Reservation. Fort Peck Reservation is home to two separate Indian Nations, the Sioux and the Assiniboine, each composed of numerous bands and divisions (www.fortpecktribes.org).

Native American Resource Partners is a private energy development firm specializing in providing capital and expertise to Tribal Nations in the United States and Canada for the purpose of identifying and developing energy resource opportunities on Tribal Lands (www.narpllc.com).

For more information and/or to request interviews, please contact: Mary Kay Lazarus 801.209.3029 mkl@mklpr.com

http://www.businesswire.com/portal/site/google/?ndmViewId=news_view&newsId=20090421006457&newsLang=en

New Group Is Formed to Sponsor Native Arts

New Group Is Formed to Sponsor Native Arts
By ROBIN POGREBIN
Published: April 21, 2009

Even as arts groups around the country are cutting back because of declining endowments and donations, a new foundation to support the work of American Indian, Native Hawaiian and Alaska Native artists is being established with an initial $10 million from the Ford Foundation.

Walter Echo-Hawk, chairman of a new cultural foundation.
Called the Native Arts and Cultures Foundation, the organization, formally opened on Tuesday, says it will be the first permanently endowed national foundation of its kind.

“We needed our own endowment for native arts and culture in this country in the coming century,” said Elizabeth Theobald Richards, the program officer at Ford who has overseen the project and is a Cherokee. “The indigenous peoples of this country have an incredible wealth of cultural heritage and cultural expression that very few people know about. And it’s also incredibly underfunded.”

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The foundation has been in the works since 2007, when it obtained incorporation papers and established charity status. Only now has the organization hired a president and staff and begun the grant-making process.

The new foundation will provide direct grants to artists and arts organizations, support native arts leadership and team up with other native-led efforts to increase financial support for indigenous arts and cultures.

“Arts and culture and traditional languages and religions have been the glue that held Native Americans together — often in the face of great adversity,” said Walter Echo-Hawk, chairman and creator of the foundation, in a telephone interview.

“For many years the government policy was to assimilate native people into mainstream society and essentially stamp out attributes of native culture,” he added. “It’s a testament to the tenacity of our people that we have any native cultures or religions left in the United States. We are seeing a remarkable cultural renaissance in the tribal communities. But the support of the arts has been almost nil. It’s been very difficult for Indian tribes to also support their own arts and cultures.”

The organization is to be based in Portland, Ore., and recently selected Tara Lulani Arquette, a Native Hawaiian, as its president and chief executive. With 20 years of experience leading organizations and advocating on behalf of native groups, Ms. Arquette has served for the last four years as chief executive and executive director of the Native Hawaiian Hospitality Association, a private, nonprofit organization that works with the tourism industry.

“In a sense, it’s part of our quest for self-determination and restoring our sovereignty,” Ms. Arquette said in an telephone interview.

She acknowledged the challenge of starting a new foundation in the current economic downturn. “The mission of the foundation can’t be accomplished in one year or even five years,” Ms. Arquette said. “But there is a sense of urgency. Our elders — our wisdom keepers — are passing away in large numbers.”

The foundation, which will start with an annual operating budget of $500,000 and a staff of four, hopes to provide about $4 million in grants and program services over the next five years.

In establishing the new organization, the Ford Foundation reached out across the Native American world.

A leadership circle was made up of four advisers from different tribes — Mr. Echo-Hawk (Pawnee), Joy Harjo (Creek Muskogee), Jayne Fawcett (Mohegan) and Elizabeth Woody (Navajo/Warm Springs/Wasco/Yakama). All five members of the foundation’s board of directors are Native Americans.

The Ford Foundation made an initial $5 million contribution to endow the new foundation permanently, with an additional $5 million promised if new partners brought $3 million more to the table. The Rumsey Band of Wintun Indians, based near Sacramento, then made a grant of $1.5 million, while announcing a challenge to other tribal nations to match its gift. Once the challenge is met, Rumsey has promised an additional $1.5 million, which would bring the tribes’ contribution to $4.5 million.

The Ford Foundation has supported similar efforts to bolster native arts and culture in the past. “The community has the need,” Ms. Richards said. “But I really feel the country has the need.”

W. Richard West Jr., the founding director emeritus of the Smithsonian’s American Indian Museum and a Ford trustee, said: “There need to be agencies and institutions that support native contemporary art and artists. For the most part, those agencies and institutions don’t exist.”

“We never separate art and life,” added Mr. West, a member of the Cheyenne and Arapaho Tribes of Oklahoma. “Art is part of our everyday life.”

The foundation hopes to begin making grants at the end of this year or early next year, Mr. Echo-Hawk said.

The foundation’s goal is to establish a permanent endowment of about $20 million over the next five years or so, he said, and to increase that figure over time.

“Culture, even though it is central to our identity, is the last to be nurtured,” Mr. Echo-Hawk said. “There is a need to inject resources into the perpetuation of these profound and beautiful art forms.”

http://www.nytimes.com/2009/04/22/arts/22native.html?_r=1

Navajo celebrates HRI ruling

Navajo celebrates HRI ruling
Company says they are still moving forward to mine uranium in Indian Country

Copyright © 2009
Gallup Independent
By Kathy Helms
Diné Bureau

WINDOW ROCK — Ever since Johnny Livingston was a little boy, he remembers seeing Navajo families grazing their livestock on a portion of land within Churchrock Chapter known as Section 8, now owned by uranium mining company Hydro Resources Inc.

In 2006, as part of his declaration to the U.S. Environmental Protection Agency regarding jurisdictional issues over the land, the former Churchrock Chapter president identified Navajo families having Bureau of Indian Affairs grazing permits for the disputed area.

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“Livestock owned by these and other Navajo families have grazed on Section 8 and its contiguous sections for as long as I can remember, including to this day,” he said.

“In fact, the people have a Navajo term for the canyon at the north end of Section 8; they call it ‘the cattle’s home in their canyon,’ or ‘Cattle Canyon.’ There is a trail that the old people said they used for cattle drives many years ago, and you can still see that trail going up the side of the mesa in Section 8.”

The 10th Circuit Court of Appeals in Denver on Friday upheld a 2007 EPA decision that HRI’s Section 8 mine site is located in “Indian Country,” meaning that HRI will have to obtain an underground injection control permit from EPA rather than the New Mexico Environment Department before it can move forward with plans for in-situ leach uranium mining in Section 8.

HRI challenged the decision last May before the Court of Appeals. Rick Van Horn, chief operating officer for Uranium Resources Inc., parent company of HRI, said Monday that the company has not yet decided what it will do regarding the court ruling.

“We have 45 days to petition the court for an en banc review.

We don’t know if we’re going to do that or not, or how we’re going to proceed. We’re looking at what the options are now,” he said, adding that they probably won’t make a decision for a couple more weeks.

“Because we own the land in fee, we felt that it was privately held land. The question was, even though it’s privately held land, if it’s within the chapter, is that Indian Country or not Indian Country? Who has the jurisdiction to issue the IUC? We thought that the state would have the primacy initially.

The court obviously didn’t agree.

“But we don’t see this as a setback,” he said. “We fully intend to continue pursuing this and then to be doing business in the state of New Mexico here pretty soon. When I say ‘doing business,’ I mean mining uranium.”

Margot Perez-Sullivan, EPA, Region 9, spokeswoman, said Tuesday, “The EPA is pleased with the court’s decision.” But federal EPA is not the only one.

Residents react

Larry King, who lives about 1,000 feet way from the proposed mine site, said he was thrilled that the 10th Circuit judges agreed that EPA made the right decision in determining that Section 8 is in “Indian Country.”

“But we’ve known all along that HRI’s property is dependent Indian Country. Many, many years ago the reservation boundary had gone farther south of Section 8, but it was rescinded and the land distributed to the railroad company and the state, various sections to the tribal trust, and various sections to the Indian allotment.

“That’s how it got into the hands of the railroad company, and the railroad company turned it over to the mining companies, and that’s how Section 8 came to be what it is now — tribal fee land — and HRI has got that corner section, 160 acres in the southeast corner of Section 8.”

King wants to see comprehensive health studies and cleanup of abandoned mines before they listen to any pitches of new uranium mining. “We cannot go another round with these companies promising that they will clean up, and then leaving the community and the Navajo Nation to deal with the contaminants again 10 to 20 years from now, and also leaving our water in shambles. In our area water is very sacred. We need to protect what’s there,” he said.

Stephen B. Etsitty, executive director of Navajo Nation Environmental Protection Agency, also was pleased with the court decision. “It doesn’t necessarily say anything about stopping uranium mining, but it does put the permitting action on the shoulders of U.S. EPA.

“We’ve said all along that that’s our preference because the U.S. government has the trust responsibility toward the Navajo Nation and we’re confident in working with EPA on these issues,” he said. “We know that HRI is reviewing the decision and there may be some other steps that they can take. We’ll just wait for the other shoe to drop.”

ENDAUM

Eric Jantz of New Mexico Environmental Law Center, which represented Eastern Navajo Diné Against Uranium Mining, or ENDAUM, said the decision is important “not only for our client, but for Indian tribes as a whole. This is a case that really does affirm the federal jurisdiction over this land.

“Since it is Indian Country, it’s not only federal jurisdiction for the purpose of the Safe Drinking Water Act, but it’s also tribal jurisdiction for other purposes,” he said, such as the Diné Natural Resources Protection Act of 2005 which banned uranium mining and milling throughout Navajo Indian Country.

“I think that the court’s decision was pretty common sensical. If that corner section of land isn’t Indian Country, I can’t imagine what would be,” Jantz said. “You’re looking at a place that’s within a community within boundaries of a chapter that’s 97 percent Navajo. It’s very clear that the subsistence economy and the culture in the area is Navajo.

To say there is anything other than a Navajo community is absurd.”

Mitchell Capitan, president of ENDAUM, who lives in Crownpoint where HRI has proposed another mine, said that after 15 years of legal battles, he and his wife Rita are “very glad the decision came up in our way.” Like Churchrock, Capitan said, “Here in the community of Crownpoint where their proposed mining site is, it’s almost the same. It’s all Indian Country, and I hope they respect that.

“There’s boundaries above ground. We have fence lines and all that and we say, ‘This is our land.’ But underneath the surface where the water flows, the water has no boundaries.

It will flow wherever it needs to flow. We have no control under there. If anything happens at that particular private area site, it will affect the surrounding areas. That’s what we’re trying to tell them.”

Tribal officials

Resources Committee Chairman George Arthur, who sponsored the uranium mining ban legislation, said more than 92 percent of the land in the chapter is held by the federal government for the exclusive use of Navajos.

“The ruling rejects the position of Hydro Resources Inc., which contended that its small island of fee land was, in essence, excluded from the community. That position would allow the fabric of Navajo communities to be destroyed from within anytime there is a small tract of non-Indian land within the community boundaries, for example, by setting up bars, or, in this case, endangering precious water supplies on those scattered tracts.”

Navajo Nation President Joe Shirley Jr., in his State of the Navajo Nation Address to Council on Monday, said, “To no one’s surprise here, the court found that the land is within the boundaries of the Churchrock Chapter and is part of the Navajo Nation.

“This ruling represents one more piece of protection in our resistance to renewed uranium mining on Navajoland in the spirit of our Natural Resources Protection Act.”

http://www.gallupindependent.com/2009/04April/042209navajocelebrates.html

Rosebud councilman suspended after arrest

Rosebud councilman suspended after arrest
By Journal staff | Wednesday, April 22, 2009

The Rosebud Sioux Tribal Council has unanimously suspended a councilman accused of two sex-related felonies involving a minor.

Michael J. Valandra, 49, of St. Francis was arrested in Rapid City on April 16. Valandra was released on a $20,000 bond the next day.

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Valandra faces felony charges of sexual contact with a minor and solicitation of a minor. He also is charged with enticing away a child under 16, a class one misdemeanor.

“The Rosebud Tribal Council takes the pending charges in this matter very seriously,” tribal president Rodney M. Bordeaux said in a news release. “When allegations of this nature concern a member of the tribal council, the integrity and public image of the entire tribal council is questioned.”

Valandra, a District 5 councilman, was removed from all tribal council committees and suspended without pay pending the outcome of court proceedings. He also was ordered to surrender his tribal computer and cell phone, the news release said.

http://www.rapidcityjournal.com/articles/2009/04/22/news/local/doc49ee8aebd6331849756775.txt?show_comments=true#commentdiv

Tribal voters approve Fighting Sioux nickname

Tribal voters approve Fighting Sioux nickname
By The Associated Press


FORT TOTTEN, N.D. -- Members of the Spirit Lake Sioux tribe say they're proud of the University of North Dakota's Fighting Sioux nickname and they showed it with their votes. State officials say the tribal vote is just one of the factors they must consider.

Results from the tribe's primary election, announced Wednesday by the tribal election committee, showed 764 votes in favor of UND's nickname and Indian head logo and 371 against it.

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Under a settlement with the NCAA, UND needs approval from the Sioux tribes in the state to continue using the nickname and Indian-head logo without penalties. The NCAA considers it hostile and abusive.

An NCAA spokesman did not return a call seeking comment Wednesday on the tribal vote.

"Racism has been around forever, whether the name changes or not," said Ivan Lovejoy Sr., a tribal election committee member who announced the vote totals. He said he supports the nickname and logo.

North Dakota University System Chancellor William Goetz said the vote is just one issue to be considered by a committee set up by the state Board of Higher Education studying whether to abolish the nickname.

"The committee is looking at a number of different issues," Goetz said. "What took place on Spirit Lake is one piece of it. Certainly the committee's going to have other considerations to make as well before it reports to the board."

While the vote does not resolve the issue, it is "the first direct voice we've heard from the reservation," said Grant Shaft, the committee chairman.

Some schools have refused to play UND because of the nickname, and representatives of the Summit League athletic conference have said they would not consider UND for membership until the nickname issue is resolved.

Eunice Davidson, a nickname supporter who gathered enough signatures to put the issue to a vote on the Spirit Lake reservation, said her ancestors were fighting Sioux, and she is proud of the name.

"The people spoke," Davidson said Wednesday. "I hope the rest of the country and the NCAA hears that."

Tribal Chairwoman Myra Pearson declined comment.

Frank Black Cloud wore his UND Fighting Sioux hat to the tribal offices Wednesday.

"I've been called every name in the book, but I'm proud to be called a Fighting Sioux because that's what I am," Black Cloud said.

An opponent of the nickname, Terry Morgan, said the election results make him "embarrassed and ashamed for our people."

Morgan said, "If it hurts one person, why use it?"

The Spirit Lake tribe, in northeastern North Dakota, has about 7,000 enrolled members, including about 4,000 on the reservation.

No official nickname vote has been scheduled on the Standing Rock Sioux reservation, which straddles the North Dakota-South Dakota border. Standing Rock leaders have opposed the nickname and logo.

Nickname opponents alleged the Ralph Engelstad Arena and the Engelstad Family Foundation, named for the late UND benefactor Ralph Engelstad, who built the $100 million hockey arena filled with Fighting Sioux logos on the UND campus, had helped finance the pro-nickname campaign. The foundation and arena officials denied that.

"At the end of the day, it's a university issue. It's not an arena issue," arena manager Jody Hodgson said Wednesday. "Obviously, the people of Spirit Lake are very intelligent and they saw through the tactics of the opponents who tried to campaign as they did."

R.J. Yankton, another tribal supporter of the nickname, said he has no problems with UND's use of it. He said he brought his entire family to vote, even though not all of them voted for the nickname.

"What everyone wanted was the chance to vote on it," Yankton said, "and the election results should speak for themselves."

http://www.rapidcityjournal.com/articles/2009/04/22/news/top/doc49ef9da300685970755666.txt

Lawsuit would let Sioux take money for Black Hills

Wondering what part of the Black Hills ARE NOT FOR SALE don't these attorneys understand! Anyone that agrees to this is a sellout!!!!!!!!!


Lawsuit would let Sioux take money for Black Hills
By Chet Brokaw, The Associated Press


PIERRE -- Members of eight Sioux Tribes should be given their share of hundreds of millions of dollars awarded in old court cases for the improper taking of the Black Hills, according to a lawsuit filed in federal court in South Dakota.

Even though the Sioux tribes have refused the money and have continued to demand the return of the land in southwestern South Dakota, the courts cannot give back that land, the lawsuit says.

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The only remedy available for the loss of the Black Hills is money, said Wanda L. Howey-Fox of Yankton, one of the lawyers who filed the class-action lawsuit.

Howey-Fox said tribal members are wrong if they believe taking the money amounts to selling the Black Hills.

"There is no selling to be done because the court determined it was an improper taking and all the court can give as far as a remedy is money," Howey-Fox said. "They can sit and hope and pine away that the government is going to give the Black Hills back, but that is never going to happen."

But Charlotte Black Elk, who has been active in traditional issues including the Black Hills, said she would never consider taking money for the Black Hills, which the Sioux hold sacred.

"To take the money would bless the theft," said Black Elk, who lives on the Pine Ridge Indian Reservation.

"This is obviously a move by people who just want a check," Black Elk said of the lawsuit. "I believe some of them are not fully aware of the significance of the Black Hills and what taking money for it would mean."

Black Elk and Mario Gonzalez, a lawyer for the Oglala Sioux Tribe, said they believe federal law prevents a court from ordering federal officials to disburse money from the old court cases. Congress would have to approve any spending of the money, they said.

The dispute is more than 130 years old.

In an 1868 treaty, the United States government agreed the Black Hills would be set aside for use by the Sioux. After gold was discovered there, miners and other fortune-seekers flocked to the area. That led to military battles that culminated in George Custer's defeat at the Little Big Horn in 1876.

When the Sioux refused to sign a new treaty giving up the Black Hills, Congress passed a law taking the land in 1877.

The U.S. Supreme Court in 1980 upheld a lower court ruling that awarded eight Sioux Tribes $106 million in compensation, the 1877 value of $17.5 million plus interest. The justices said the government had to pay for taking the tribal property.

However, all the Sioux tribes have refused to take the money, insisting instead on the return of the land.

The lawsuit, filed in federal court in Sioux Falls, also seeks the distribution of money from another case that awarded the Sioux compensation for the taking of timber, water and mineral rights in the Black Hills.

The lawsuit asks a federal judge to decide how to allocate the money among tribal members and to order the U.S. Interior Department to release the money from trust funds.

Howey-Fox, the lawyer for those filing the lawsuit, said the court rulings that awarded money for the Black Hills are final and cannot be appealed. That means money is the only remedy tribal members can get for the loss of the land, she said.

The trust funds recently held about $900 million, she said.

The lawsuit lists only 19 plaintiffs, but Howey-Fox said about 5,000 tribal members have signed up. Many who live on reservations do not want to be named plaintiffs because they fear retribution from those who oppose taking money for the Black Hills, she said.

Howey-Fox said the money should be disbursed to individual tribal members.

"There are people who actually think the Black Hills are coming back. I can pretty much guarantee that's not happening," Howey-Fox said.

Gonzalez, who has represented the Oglala Sioux Tribe for several decades in legal issues involving the Black Hills, said he expects the lawsuit will be dismissed under a federal law dealing with the disbursement of such funds. The tribes refused to accept the money during the time allotted, so the Interior Department can now disburse the funds only with the approval of Congress, he said.

Black Elk said tribal members who agree to take the money would be giving up their identities as Native Americans. Anyone who wants money for the Black Hills should not live on the reservations, she said.

"You're not just taking money. You're prostituting yourself," Black Elk said.

http://www.rapidcityjournal.com/articles/2009/04/22/news/top/doc49efb27f11fab753756820.txt

Upcoming Events Cherokee, NC

Cherokee Voices Festival
6/13/09
Museum of the Cherokee Indian
Contact: Barbara Duncan (828) 497-3481

Living history, demonstrations of basketmaking, pottery, fingerweaving, carving, and flintknapping. Storytelling, traditional music, flute music, gospel music in Cherokee language, Indian dinners, traditional dance including the Warriors of AniKituhwa. Sponsored by the N.C. Arts Council and Museum of the Cherokee Indian.
The Museum is a Primary Arts organization (one of only two in western NC) for the NC Arts Council.

The Cherokee Voices Festival is FREE and open to the public from 10am--5 pm. It is held in FRONT of the museum.
July Powwow
7/3/09 - 7/5/09
Cherokee Indian Fair Grounds
Contact: Cherokee Welcome Center - (800) 438-1601
On the first full weekend in July our special brand of fireworks happen as a three-day explosion of authentic Indian dancing, drumming and tribal regalia. Dance competitions kick the excitement up even higher.
Festival of Native Peoples and Cherokee Indian Art Market
7/17/09 - 7/18/09
Cherokee Indian Fair Grounds
Contact: Cherokee Welcome Center - (800) 438-1601 — Contact: John Grant - (828) 497-4496
This year our annual gathering of tribes from throughout the Americas takes its rightful place as the finest showcase of native dance, art, and culture in the southeast. The Festival of Native Peoples is an exposition of non-competitive dance, storytelling, and song performances expressing the collected history, culture, tradition, and wisdom of the indigenous peoples of the Americas. Entertainment throughout the day will include a replica of an Apache dwelling with audience participation, hoop dancing, flute music, and Cherokee storytellers. Other performers include the Halau Palaihiwa O Kaipuwai, Hopi Senom Dance Group, Phoenix, Arizona - Ambassador's of the State of Arizona and the Yellow Bird Apache champion dancers who have been performing for presidents and heads of state for 22 years.

The festival will also play host to one of the southeast’s largest Native American art markets. The Cherokee Indian Art Market will feature over fifty nationally recognized, juried craftspeople and artisans from around the country displaying and selling their handmade traditional and contemporary works of art ranging in price from $10 to tens of thousands of dollars. Artists will also demonstrate techniques passed down from generation to generation.
Gates open from 9 a.m. to 6 p.m. daily with performances throughout the day. Art market opens at 9 a.m. Adult admission $10; children six and under are free. For Discount Ticket Packages or more information, call 800.438.1601 or visit www.cherokee-nc.com
The Cherokee Indian Fair Grounds is at 745 Tsali Blvd., off U.S. 441 in Cherokee. Sponsored by the Cherokee Preservation Foundation 1008 and Food Lion. Present your Food Lion MVP card and get $2 off.
Southeastern Tribes Cultural Arts Celebration
9/18/09 - 9/19/09
Cherokee Indian Fair Grounds
Contact: Museum of the Cherokee Indian (828) 497-3481
On September 19-20, the third annual Southeastern Tribes Cultural Arts celebration will bring together master dancers, craftsmen, artists and athletes from the five main southeastern tribes - Cherokee, Creek, Chickasaw, Seminole and Choctaw. This educational and entertaining event teaches and perpetuates the history and culture of these tribes through live demonstrations of traditional tribal dance, storytelling performances, craft demonstrations, primitive skills encampment and juried competitions.
Open daily from 9 a.m. to 5 p.m. for arts and crafts demonstrations; Saturday 7 p.m. to 10 p.m. for dance and storytelling performances. Adult admission is $7; children six to twelve are $5; children under six are admitted free.
On Friday, school groups are invited from 9 a.m. to 2 p.m. for group museum tours and festival activities. For the price of admission to the Museum, you get into the Southeastern Tribes Celebration as well!
97th Annual Cherokee Indian Fair
10/6/09 - 10/10/09
Cherokee Indian Fair Grounds
Each year the fair offers an opening parade, midway, fireworks, traditional Cherokee food and competitions that bring out the best of the Eastern Band’s basket makers, carvers, quilters, gardeners and more. The fair also attracts high-quality entertainment to perform each evening in the amphitheater.
The fair began as a way for members of the Eastern Band of Cherokee Indians to showcase their arts and crafts and invite neighboring communities to the Qualla Boundary, the tribe’s traditional homeland. The fair has grown since its early days, but its original focus remains. This is a hugely popular event among Eastern Band members and a great opportunity for visitors to experience the fun, welcoming qualities of the Cherokee culture.
Opens 10 a.m. daily with nightly shows