State Court Challenge to Kennecott Eagle Mine Permit Filed

From the NYTs:

TRAVERSE CITY, Mich. (AP) — Four groups have filed a lawsuit hoping to overturn a state permit for a nickel and copper mine in Michigan’s Upper Peninsula, saying the project does not meet legal requirements for protecting the environment.

The opponents said Kennecott Eagle Minerals Co.’s application didn’t prove the project would avoid damaging rivers, groundwater and other natural resources in the Yellow Dog Plains region of Marquette County, an undeveloped area prized for its woods and streams.

They particularly fear the mine’s ceiling could collapse beneath the nearby Salmon Trout River, a Lake Superior tributary home to the rare coaster brook trout.

”The evidence is compelling, the facts are strong and the law is squarely on our side,” Michelle Halley, attorney for the National Wildlife Federation, said Monday. Also joining the suit are the Yellow Dog Watershed Preserve, the Keweenaw Bay Indian Community and the Huron Mountain Club.

The circuit court lawsuit was filed in Washtenaw County, where the wildlife federation’s Great Lakes regional office is located.

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Detroit News on U-M Decision to Repatriate Culturally Unidentifiable Remains

From the Detroit News:

The University of Michigan will work with tribes on the disposition of unidentified Native American human remains held by the university to comply with newly released federal rules.

The National Park Service on Monday announced the rule to establish a process to repatriate remains in museums or on exhibit which have not been culturally affiliated with a tribe.

The rules, which go into effect May 14, require universities and federal agencies with unidentified remains in their collections to work with tribes that lived in the areas where the remains were exhumed.

There are more than 124,000 unidentified Native American human remains in the United States, including some held by U-M’s Museum of Anthropology.

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New NAGPRA Regs Forcing U-M to Re-examine Its Museum Holdings

From Ann Arbor.com (formerly the Ann Arbor News):

The University of Michigan will have to re-examine its holdings of Native American human remains under a change to federal guidelines announced today.

The U-M Museum of Anthropology has about 1,400 human remains in a storage facility that are 800 to 3,000 years old.

The 1990 Native American Graves Protection and Repatriation Act, known as NAGPRA, requires museums, federal agencies and institutions to inventory holdings of human remains and identify their cultural affiliations with tribes. Native groups can then claim the return of remains deemed to be culturally affiliated with them.

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Frank Bartley III, an Odawa Indian and a U-M student, beats the drum and sings with other Native Americans in front of Fleming Hall in Ann Arbor before a U-M regents meeting in this 2008 file photo. The gathering was part of a request to the regents to return Native-American remains.

Ann Arbor News file photo

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Beth Kronk on Judicial Ethics

From ICT via Pechanga:

MAYETTA, Kan. – Appearances are everything in small communities. This is especially true in Indian country, where close family, social and work relationships may appear to compromise the integrity of tribal judicial systems.

Elizabeth A. Kronk, assistant professor of law at theUniversity of Montana School of Law, urges tribes to adopt a code of ethics for their tribal justices and elected officers, not only as an exercise in sovereignty, but also to avoid even the perception of impropriety.

“Our communities are small, and we know everybody,” said Kronk, who spoke on ethical considerations for tribal courts, practice and governance at the 10th Annual Native Nations Law Symposium, Feb. 12, at Prairie Band Casino & Resort on the Potawatomi reservation.

Kronk presented excerpts from the National Tribal Judicial Center’s Sample Code of Judicial Conduct and theABA’s 2007 Model Code of Judicial Conduct to discuss the appearance of impropriety, the definition of who a judge is, disqualification, extrajudicial activities, ex parte communication, and the integrity and independence of the tribal judiciary.

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Eric Hemenway Column on Cultural Preservation

From the Petoskey News-Review:

My name is Eric Hemenway and I am an Anishnaabe/Odawa from Cross Village. I work in the Archive/Records and Cultural Preservation Department for the Little Traverse Bay Bands of Odawa Indians here in Emmet County. I am very fortunate to have such a diverse job that involves cultural preservation for my tribe — but cultural preservation is a very broad term that covers many different areas. One aspect of the Odawa culture that I focus on in my work is the caretaking for our dead. Respecting and honoring our ancestors who have passed on is a fundamental element of our identity as Odawa and has been with our tribe for countless generations. I have the opportunity to carry on this tradition in a unique way by working in my department.

The federal law NAGPRA (Native American Graves Protection and Repatriation Act) enables tribes to reclaim human remains and sacred items associated to their respective tribal communities. These remains and items are housed in museums and universities throughout the country. What I do is locate where the remains are, submit claims and if all goes well, retrieve the remains and rebury them. We also submit claims for sacred items affiliated to our tribe. Repatriating remains is a difficult task, but a necessary one, because it ties in with our belief the dead need to be taken care of. This is a new dilemma tribes across the country have to deal with, having their ancestors taken from their final resting places and placed in boxes on shelves, to be examined and documented in manners the tribes deem as inappropriate and disrespectful. But we have the opportunity to get these old ones back and we at LTBB Odawa have made it a priority to do so. It’s sad yet rewarding work. Sad to know the history of how museums acquired these remains and the fact our dead were not given the proper respect as groups, yet rewarding to finally lay them to rest, again, and finally see our beliefs being recognized.

Along with work in NAGPRA, I also take care of several Odawa cemeteries within our reservation boundary. Many of these cemeteries are in very rustic, rural areas. The grass needs to be mowed, dead trees taken out, crossed fixed and replaced. When I first started my job in 2006, I never would have thought I would be working so much with the dead, but that’s my job now. Other people work in the Odawa language, with the youth, elders, education, housing, education, etc. I just happen to work with the ones who have passed on. Hopefully someday all our ancestors will be returned and all the tribes across the country can have that piece of their tribe back. And when that days comes, I am sure my job will change into something else, but in the meantime, there are thousands of Anishnaabe that need to come back home.

Here is Eric’s outstanding blog!

Michigan Senate Efforts to Allow Indian Gaming Revenue Sharing to Benefit Schools

News article here (with an assist from A.K.):

School districts could use money received through agreements with tribal-run casinos to fund college scholarship programs through legislation approved by the Michigan Senate.

The bill approved by unanimous vote Thursday now goes to the House.

Michigan has more than 20 casinos run by American Indian tribes. The tribes have agreements with the state that typically provides 2 percent of certain gaming revenue to local governments, including schools.

The bill passed Thursday would allow school districts covered by those agreements to use their proceeds for scholarships for their graduates.

The legislation sponsored by Republican Sen. Ron Jelinek of Three Oaks was sparked by a plan from New Buffalo schools to fund a scholarship program.

California AG Opinion Approving State Indian Preference Rules Despite State Ban on Affirmative Action

A very important opinion (h/t Indianz): Cal AG opinion.

In states like Michigan, tribal advocates have argued that state programs and laws designed to benefit Indian people are excluded from the application of the so-called Michigan “civil rights” amendment. This AG opinion approves of exactly the same argument.

LTBB News on Open Meetings and Bell’s Fishery

From Indianz:

The Little Traverse Bay Bands of Odawa Indians of Michigan is reportedly considering a new open meetings policy.

The tribal council at one point barred non-members from council meetings. The policy changed and The Petoskey News-Review has been able to cover most of the meetings but the paper was recently barred from an election board meeting.

According to the the tribal code, the tribal council, by motion, can bar non-members from its meetings. However, the tribal constitution says the tribal cannot make any laws abridging the freedom of the press.

A draft statute of a new open meetings policy was discussed at a tribal council meeting on Sunday but the paper wasn’t present for that portion of the meeting.

Get the Story:

Tribe comes to aid of Bell’s; discusses open meetings statute (The Petoskey News-Review 3/9)

News Coverage of Kennecott Mine Permit Change

From Interlochen Public Radio:

Kennecott Minerals wants to change the way it releases treated wastewater at its Eagle Rock Mine near Marquette. Instead of covering filtration pipes with soil, Kennecott wants to use thick Styrofoam insulation around the pipes.

The Michigan Department of Natural Resources and Environment calls it a minor modification, but it may mean the company won’t need a federal permit. If pipes are covered with soil the EPA considers that an underground injection system.

A spokeswoman for the National Wildlife Federation says a federal review would give more attention to tribal issues. Indian tribes maintain that blasting an opening for the mine will degrade a traditional sacred place at Eagle Rock. The state dismissed that argument in granting Kennecott a permit. The Wildlife Federation plans to appeal that decision in Circuit Court.

Little Traverse Election Board Denies Entrance to Nonmembers in Recall Petition Certification

From the Petoskey News-Review via Pechanga:

The Little Traverse Bay Bands of Odawa Indians Election Board denied the Petoskey News-Review and other non-tribal members access to its meeting Tuesday at which it chose to certify petitions for a recall election of the tribal chairman and vice-chairman.

Prior to Tuesday’s meeting, election board chairwoman Denise Petoskey said a News-Review reporter would not be allowed to attend the meeting because the meeting would be closed to non-tribal members.

She said the board’s standard procedure is to exclude non-tribal members from its meetings.

Petoskey provided the News-Review with an opinion authored by tribal attorney James Bransky on Feb. 25 in which Bransky writes, “Election Board meetings, with the possible exception of ballot counting, are not open to non-LTBB citizens.”

In his opinion, Bransky points first to the tribal constitution’s open meetings provision that reads, “The Tribal Council shall adopt an Open Meetings Statute to ensure that all meetings of the Tribal Council … are open to Tribal members and Tribal members shall have a reasonable opportunity to be heard, under such rules as the Council may prescribe in the Statute.” The wording cited does not discuss the openness of such meetings to non-tribal members except for language regarding tribal council meetings that reads, “The Tribal Council may by motion exclude non-LTBB members from all or part of a regular or special meeting.” Continue reading