Michigan Indian

Lake Huron Dig to be Discussed at Michigan Archeological Society Meeting

Matthew L.M. Fletcher1 Comment

This MAS meeting promises to be somewhat controversial, given that Michigan professor John O’Shea will be discussing his project in Lake Huron, to which two tribes have objected (BMIC and LTBB):

Dr. John O’Shea from the University of Michigan: Evidence of Early Hunters beneath the Waters of Lake Huron

Dr. John O’Shea from University of Michigan will be discussing his current endeavors to locate ancient landscapes preserved beneath the Great Lakes.  Through the use of underwater acoustic and video survey on the Alpena-Amberley ridge, Dr. O’Shea has discovered the presence of a series of stone features that match, in form and location, structures used for caribou hunting in both prehistoric and ethnographic times.

Here are the objections:

BMIC Resolution re Lake Huron

LTBB declaration re underwater dig

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Op/Ed Favoring Little River Band Gaming Compact

Matthew L.M. Fletcher

From the Muskegon Chronicle via Pechanga:

It’s becoming more of a sure bet Muskegon County will see construction of a casino in its near future.

With the governor’s approval of amendments to the Little River Band of Ottawa Indians’ tribal compact and Fruitport Township’s and Muskegon County’s approval of the 36-page Municipal Services Agreement last week, there are only a few hurdles left.

The Chronicle Editorial Board urges our state lawmakers to shepherd the plan to build at the former Great Lakes Downs site through the Legislature. All three — representatives Mary Valentine, D-Norton Shores, and Doug Bennett, D-Muskegon Twp., and Sen. Gerald Van Woerkom, R-Norton Shores — have indicated they will support the move that could eventually create up to 1,100 new jobs in Muskegon County.

The Legislature must agree with Gov. Granholm’s approval of a change in the tribal compact and the Little River Band needs approvals from the federal Bureau of Indian Affairs and the Department of the Interior. The tribe is expected to ask that 60 acres of its 233-acre site in Fruitport Township be placed in a “trust” for casino development.

The Editorial Board also urges Congressman Pete Hoekstra, R-Holland, and U.S. senators Carl Levin, D-Detroit and Debbie Stabenow, D-Lansing to help this proposal sail through the approval process in Washington, D.C.

Federal lawmakers also should push highway officials to fund construction of an interchange at I-96 and Sternberg. The development of the interchange will be key to the continued growth of tourism and retail businesses in that area. Muskegon County has waged a 25-year campaign for the improvement and it has waited long enough.

With the construction of the casino and proper highway access, Muskegon County could become a year-round tourism destination, a definite boost in efforts to diversify the area economy and create permanent jobs in business serving casino visitors.

However, the Editorial Board continues to draw the line against a casino in downtown Muskegon or multiple casinos in the county.

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Michigan Daily Article on NAGPRA Compliance

Matthew L.M. Fletcher

From the Daily:

The University is set to begin implementing a process that will see the transfer of Native American human remains to Indian tribes, according to a University press release sent out today.

The decision came after a March 15 ruling by the United States Department of the Interior concerning how museums and other agencies — including the University — should deal with unidentified Native American human remains.

Under the terms of the ruling, unidentifiable remains must be returned to the tribes from whose land the remains were originally excavated, the press release stated.

The University currently possesses about 1,400 unidentified remains, according to the release.

Stephen Forrest, the University’s Vice President for Research, wrote in the release that the University is currently developing a process for the transfer of the remains.

“The rule change announced last week provides a clear path for the transfer of the human remains in our possession,” Forrest wrote in the release. “We will move down that path in a transparent, swift and respectful manner.”

The University of Michigan Museum of Anthropology currently possesses unidentifiable remains from 37 states, according to the release.

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Univ. of Michigan Press Release on NAGPRA Compliance

Matthew L.M. Fletcher

Here, from the UM Record Update.

The text:

U-M has begun outlining a process for the transfer of Native American human remains to Indian tribes.

Vice President for Research Stephen Forrest said the most recent activities are in response to the U.S. Department of the Interior’s March 15 publication of a final rule clarifying how museums and other agencies — including the university — should handle Native American human remains that are under their control but for which no culturally affiliated Indian tribe has been identified.

Other resources
• Web site of the Advisory Committee on Culturally Unidentifiable Human Remains under NAGPRA
• Culturally Unidentifiable Native American Inventory Database for the U-M Musem of Anthopology

“Now that the Department of the Interior has clarified the rule for transferring culturally unidentifiable human remains, it is important that the university reach out to tribal leaders and facilitate the transfer process,” Forrest said.

Forrest said he anticipates having a process in place by the time the new federal rule takes effect May 14. The university has in its possession the remains of about 1,390 individuals unidentifiable with an existing tribe.

“The rule change recently announced provides a clear path for the transfer of the human remains in our possession,” Forrest said. “We will move down that path in a transparent, swift and respectful manner.” Officials and traditional religious leaders will be included in the consultation process. A letter to relevant tribes will be sent soon. Continue reading →

Dance for Mother Earth Powwow — April 10-11, Saline Middle School

Matthew L.M. Fletcher

Materials here.

Press Release – 2010 Powwow

ANN ARBOR, MI—For the second year in a row, the University of Michigan campus will not hear the sound of powwow drums, singing, and jingle dancing. Nor will it host some 5,000 Native dancers, drummers, artisans and other powwow people at the annual event—one of the largest student run powwows in the country.

The Native American Student Association (NASA) at the University of Michigan announces its decision to keep the Dance for Mother Earth Powwow from the campus of the University of Michigan.  The 38th Annual Dance for Mother Earth Powwow again will be held at Saline Middle School April 10-11, 2010.

The reason? In honor of their ancestors, they are continuing their protest of the University’s ongoing failure to return ancestral human remains to tribes—and to meet federal requirements to engage tribes towards that end.

According to federal inventories, the University Of Michigan Museum Of Anthropology holds 1,390 individuals in its archaeology “collection.” Despite three years of advocacy on the part of many tribal, student and faculty groups, archaeology curators have been steadfast in resisting legal and ethical calls for the reburial of these individuals. Michigan tribes have officially and unofficially notified the museum that by failing to proactively pursue consultation with tribes, the university is in violation of a federal law.  The Native American Graves Protection and Repatriation Act, passed in 1990, requires museums to conduct tribal consultation and to apply due diligence in obtaining it.

Last October—nearly two decades after NAGPRA was passed—U of M got serious about developing appropriate protocols about Native human remains in its “collection.” The U announced the formation of a committee to develop “advice that is pro-active, respectful and responsive to all interested parties.*

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U-M Law Day 2010 Poster (April 2, 2010)

Matthew L.M. Fletcher

U-M Law School, April 2, 2010, at 1-5 PM.

Confirmed speakers include Frank Ettawageshik, Matthew Fletcher, Allie Maldonado, Mike Phelan, and Zeke Fletcher.

Current Status of Carcieri Fix Bills

Matthew L.M. Fletcher

From THOMAS:

1. H.R.3697 : To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian tribes.
Sponsor: Rep Cole, Tom [OK-4] (introduced 10/1/2009)      Cosponsors (5)
Committees: House Natural Resources
Latest Major Action: 11/4/2009 House committee/subcommittee actions. Status: Committee Hearings Held.

2. H.R.3742 : To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian tribes.
Sponsor: Rep Kildee, Dale E. [MI-5] (introduced 10/7/2009)      Cosponsors (31)
Committees: House Natural Resources
Latest Major Action: 11/4/2009 House committee/subcommittee actions. Status: Committee Hearings Held.

3. S.1703 : A bill to amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian tribes.
Sponsor: Sen Dorgan, Byron L. [ND] (introduced 9/24/2009)      Cosponsors (8)
Committees: Senate Indian Affairs
Latest Major Action: 12/17/2009 Senate committee/subcommittee actions. Status: Committee on Indian Affairs. Ordered to be reported with amendments favorably.

Native America Calling Carcieri Radio Show Archived

Matthew L.M. Fletcher

Monday, March 22, 2010– The Carcieri Fix: (listen)
Last year the Supreme Court ruled in Carcieri v. Salazar that language in the 1934 Indian Reorganization Act does not allow the Interior Secretary to take land into trust for the Narragansett Tribe of Rhode Island because the tribe was not federally recognized in 1934. Tribal leaders immediately turned to their allies in Congress to pass a “Carcieri Fix” – a bill that would reverse the court’s decision. But the fix has not been passed. Does Indian Country have the clout to pull it off? Guests are Matthew Fletcher (Grand Traverse Band of Ottawa/Chippewa) of the Michigan State University College of Law and Jason Giles (Muscogee Creek) Deputy Executive Director/National Indian Gaming Association.

Supreme Court Rejects Asian Carp Injunction Again

Matthew L.M. Fletcher1 Comment

News article here via How Appealing.

News Coverage of Little River Band Casino Agreement for Muskegon

Matthew L.M. Fletcher

From the Ludington Daily News via Pechanga:

FRUITPORT TWP. — The Little River Band of Ottawa Indians and Gov. Jennifer Granholm have reached an agreement helping clear the way for development of a gaming facility just outside of Muskegon, the tribe announced Friday.

Granholm and the tribal government have reached agreement on two compact amendments that bring the tribe one step closer to building the casino on the site of the former Great Lakes Downs Racetrack, property the tribe now owns. The amendments will allow the tribe to go forward with the process of placing a small portion of the property into trust with the Bureau of Indian Affairs (BIA).

A third compact amendment is proceeding to both houses of the Michigan Legislature regarding changing the definition of “Eligible Indian Lands” under section 2 (B) (1). Both houses will need to approve this additional amendment in order for the project to move forward. The first two amendments did not require legislative approval.

Granholm encouraged the legislature to approve the remaining compact amendment, the press release stated.

“In short, neither the state nor the local units of government in Muskegon County will realize the benefit of the additional revenue sharing and the attendant economic development represented by this project unless the Legislature adopts the necessary resolutions concurring in the Third Amendment,” she stated, adding, the project is, “…in the best interests of the state and the public …”

Tribal Ogema Larry Romanelli, a Muskegon area resident, said, “Muskegon has been hard hit in recent years and I am so pleased that our tribe has the opportunity to provide some hope and help to all of our people, tribal and non-tribal, at this time.”

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