June 22, 2010
Contact: Pat Kincaid, Buffalo Council Spokesperson, (970) 903-6333
Fort Lewis College Buffalo Council Protects the Tuition Waiver by requesting Accountability of Trust Assets and promoting an Indian education agenda
Fort Lewis College (FLC) was created by a 1910 Congressional Act with the intent of “fulfilling treaty obligations with the various Tribes.” The state of Colorado received the surface rights to a 6300 acre parcel of land with two conditions (subsequent): 1) the land must be used as an institution of learning, and 2) Native Americans attending the school will receive a tuition waiver.
Currently the land is in violation of condition one and condition two has been attacked as recently as January when Colorado Representative Karen Middleton proposed a bill to kill the tuition waiver at FLC. Just as disturbing, is that the Native American students, who are the beneficiaries of the trust assets on these 6300 acres, are being blamed for budget issues.
There would not be budget issues at FLC if the Colorado State Land Board had not leased the land for $0/year to Colorado State University (CSU) since 1983 with the approval of the FLC Board of Trustees. CSU in turn has leased the property to mining entities such as National King Coal, LLC and GCC Energy, LLC for an undisclosed amount of money as well as other mysterious entities. Therefore, the Colorado State Land Board, FLC Board of Trustees and FLC Administration have breached a duty to protect the trust assets for the student beneficiaries.
In an effort to preserve the tuition waiver for future generations, the students at FLC have requested a full audit on multiple occasions only to be given the silent treatment. Therefore on June 30, 2010, the beneficiaries of the Fort Lewis Indian School trust account are officially requesting 1) a forensic audit on all entities associated with the management and use of the 6300 acres of trust land, 2) a cultural resources inventory on the trust land and FLC museum, and 3) the State of Colorado accept a land use proposal promoting the intent of Congress. That intent was Indian Education.
These requests will be made directly to the Colorado State Land Board Chairman and trustee of the Fort Lewis Indian School land by the Buffalo Council and FLC Student Body Senate. The proposal will include a blessing of the land, a demonstration of a buffalo husbandry business/curriculum and a feast will follow to honor Tribal elders and Colorado Government officials. A presentation will also be given on Indigenized Economic Development and Indian Education by Tribal elders followed by a tour of the property. CSU is officially leaving the property on June 30th in an attempt to avoid transparency to the Native American community.
Turtle Talk 
Its about time Native Americans stepped up to the plate and started exercising their treaty rights and started auditing their own assets instead of relying on a trustee with hidden agendas
A few points of clarification:
1. The Buffalo Council DOES NOT represent all the Native students on campus. They represent a small, obnoxious, vocal group that ignores facts. The rest of us have differing views and we dont all hold with Plains traditions.
2. There are no direct treaties “rights” involved. The Indian Appropriations Act of 1910 transferred the property to the State of Colorado. The Buffalo Council has not bothered to look this up.
3. The original military reservation was reduced in size before the state took over the land. Coal operations are NOT on the trust land.
4. There is no such thing as the “Fort Lewis Indian School Trust account”.
5. The Durango Herald has published the amounts of money and income in the trust account that does exist.
6. The intent of congress is easily determined by reading public records.
7. Full NAGPRA compliance is followed by FLC, and a cultural resources inventory is underway.
DONT TAKE MY WORD FOR IT, REVIEW THE DURANGO HERALD AND PUBLIC RECORDS. FIND OUT FOR YOURSELF
Dear Chester,
A few responses to your points:
1) The buffalo council doensnt represent all the student body but they did feed 2000 people last year for free. However, more appropriate to your point is that the student body represents all the students and this is their press release.
2) Maybe you should read the Indian Appropriations Act better. Do you think that the intent of Congress was to give property to the state under an act titled “Indian Appropriations,” or was their intent as they expressed in the act “to fullfill treaty obligations with the various Tribes.”
3) Coal has been mined on the land and the Vice-President of National King Coal has stated so by signing a lease in 1993 with the State Land Board.
4) There is much confusion on the trust account. There is the Fort Lewis College Endowment Fund, the Hesperus Fund, the Hesperus Account, etc. Nobody knows how many account there actually are in the fiduciary layer of leadership.
5) Chester says look at the Herald if you don’t believe him. To bad the Herald is a newspaper and not a valid source of coal mining accounting.
6) The intent of Congress is clearly expressed in the act. Which public records is Chester talking about? The intent states “to fulfill treaty obligations with the various Tribes.” What else can that mean but that education is a treaty right?
7) Full NAGPRA compliance has not been met as there are undisturbed burials on the property. Chester is right about one thing there will be a full cultural resources inventory. However, James Riding In will be doing it on behalf of Indian Country not embezzlers and grave looters.
So Chester…you better read the law a little more in depth and respect treaty and federal policy!
1. Where are there not burials in LaPlata County?
2. Why would unknown undisturbed burials be an issue. You used the term “undisturbed”. You are contradicting yourself when you make false accusations of grave robbing yet admit the burials (if they exist at all) are undisturbed.
3. Where are you getting the money for your bison herd?
4. Where are you getting your bison herd?
5. Who benefits besides yourselves?
6. When was the student council meeting to approve this press release?
7. What treaties are involved? Be Specific.
8. Where does James Riding In enter the picture? He works for ASU, and seeing how FLC cannot afford top dollar wages I doubt they will hire him to “run” this affair. Why would he want to get involved with such a minor issue?
Your argument is inconsistent and as you have already resorted to name calling in regards to those who oppose your viewpoint, you show that while you require others to show “respect” you have none yourself. Your use of vague and inflammatory statements leads me to believe that your only interest is self gratification and/or to derail the current efforts of the college administration. You have made false accusations which you cannot back up with facts. Please try and stick to proveable facts rather than vague suspicions and accusations.
If you are so upset with FLC, why are you going to school here? You can get free tuition in Minnesota as well. Your antics are an embarassment to your fellow students, though I am only speaking for myself and this is me expressing my opinion. I expect you will resort to name calling and confusion tactics to cover your errors. However I cannot stand by and let ignorance and bigotry pass unchallenged. I will stand up when somebody expresses their resentment at the “free” education natives get here at FLC. I will give them the facts, not call them names. You are interpreting evidence in a manner that supports your world view, which is ok but you are doing harm when you attempt to force it on others. State facts and cite your sources. Use the light of fact, not speculation rule. Call for transparent processes but do not accuse people of actions they have not engaged in. Participate in the process, do not try and circumvent it. That is how we all can live together civilly. Unless of course all you want is discord and hatred.
Mr. Arthur,
My name is ALRAY NELSON and I am the Student Body President of Fort Lewis College.
As a student and beneficiary of this land, I offer you my name behind this movement. I will also stand behind the students I represent and adovcate issues and ideas on their behalf.
The Buffalo Council has my full confidence and I continue to work with everyone to request a full audit on our trust assets dealing with this scared property. I am very proud of the passionate student body I represent and I will not stand by and have someone criticize a student organization without speaking to me first.
If the Buffalo Council is a “small, obnoxious, vocal group”, then my presence and active participation as Student Body President concludes that this student/community organization is working with a representative of the Student Body. We are a collection of tribal elders, students, and community members who will continue to protect, advocate, and honor this sacred land known as the Fort Lewis Indian School property in Hesperus, Colorado. The Buffalo Council and its diverse collective of members uphold a mission that is about food sovereignty, cultural preservation, and ensuring a quality education at our college. So if this is a “small, obnoxious, and vocal group” then, the Fort Lewis College Student Government joins them to enlarge that mission and voice.
If you want the facts then give me a call- 970-403-6953 so we can meet in person. Because I have nothing to hide and I will continue to protect the interests and assets of the students that empowered me to be their voice.
Our agenda is to call for transparency and accountability. I will continue to keep an open dialogue and ensure clear communication. However, we require honest answers to our questions.
Add my name to the list of support behind this movement, because I am the Student Body President and we will move forward strong and united.
I would like to read the Buffalo Councils 40 pg report referenced in the Durango Herald in the four pt series of discussion on the Tuition Waiver, it sounds productive, and I love what you guys are doing !!