“Nimrod Nation” on Sundance Channel

From the Pittsburgh Post-Gazette:

 

Tuned In: Not-so-simple life in ‘Nimrod Nation’

Sunday, November 25, 2007

 

At first, the new Sundance Channel documentary series “Nimrod Nation” (9 and 9:30 p.m. Monday) appears to be a light-hearted look at “how the other half lives,” the other half being the denizens of tiny Watersmeet, Mich. They sound like Canadians, eh, and the snow-covered frozen lakes look like the same tableau as in “Fargo.”

But any cuteness is erased by somewhat graphic scenes of a deer being skinned and a pig being shot in the head. Neither is gratuitous ; it’s just how these people live.

“I have a gun in my car, who doesn’t?” says one fresh-faced teenager. “It’s just the way we are. We love huntin’.” Continue reading

Op-Ed Favoring Sault Tribe and Bay Mills Land Claims Settlement Acts

From the Port Huron Time Herald:

Democratic process is lost in decisions made at national level

Those required “Problems of Democracy” classes you took in high school are long on theory, but very short on reality.You saw it again a week ago. After several previous attempts, the Bay Mills Indian Community sought approval of a Michigan land settlement plan. The tribe would relinquish any claims to contested land at Charlotte Beach in exchange for the right to have property put into trust in the city of Port Huron.

HR 2176, the bill to approve the land-claim settlement between the state of Michigan and Bay Mills, was offered by U.S. Rep. Bart Stupak, D-Menominee, whose district includes the contested land. It was co-sponsored by U.S. Rep. Candice Miller, R-Harrison Township, whose district includes the property to be put in trust as part of the settlement. The arrangement has the support of former Michigan Gov. John Engler and Gov. Jennifer Granholm.

Who was responsible for pressuring House Natural Resources Committee Chairman Nick Rahall, D-W.Va., into pulling the bill and thereby preventing it from being voted out of committee – let alone an up-or-down vote by the House and Senate? Sen. Harry Reid, D-Nev. The Senate majority leader pressured House Speaker Nancy Pelosi, D-Calif., to pull the plug.What has our government become when a senator 2,000 miles away can reach down into the belly of a House subcommittee and kill a bill that would provide staggering benefits for Port Huron? After six years, Bay Mills has yet to be permitted a vote -even by a subcommittee of either branch of Congress. That’s absolutely astonishing to any American who still believes in the precepts of American democracy – “one man, one vote.”

In small-town America, the democratic system actually works pretty smoothly. If you’re a county commissioner, school board trustee or village or city council member, all you have to do is make a motion, get just one other person to second it, and you get your day in court – an up-or-down vote.

In Congress, however, the system has been corrupted beyond belief. It’s a system where power is granted to members not based on “one man, one vote,” but on an anti-democratic arrangement where certain members can block a bill, giving them power way beyond their single vote.

What has the corruption of the democratic process in Congress cost Port Huron? As a community facing an economic depression, one of the highest unemployment rates in America and a federally-funded Blue Water Bridge Plaza project that is on the brink of annihilating Port Huron, Congress is six years into blocking a $500 million casino development that would provide 3,000 to 6,000 union jobs with the spin-off developments.

Who’s benefiting from this obvious attempt to block competition for Detroit’s good old boys? Along with Reid’s Nevada crowd (including Detroit’s MGM Grand Casino, with its record $55 million earnings in October), is the newly-crowned “Most Dangerous City in the Nation” – Detroit.

Think the battle for the Port Huron casino is over? I think not!

Cliff Schrader is a radio columnist on WGRT-FM 102.3. His Friday columns are part of a cooperative agreement between the radio station and the Times Herald. His opinions are his own and not those of the Times Herald or WGRT.

Inland Settlement Letters to the Editor (Detroit News)

From Indianz:

Readers of The Detroit News support a treaty rights settlement between the state of Michigan and five tribes.

Alex Hess: “In my opinion it is important that we honor the Native Americans because this originally is their land..”

Isaac C. Griffin: “The land is a Native American reservation and it should remain that way.”

Garrison Warr: “Even though 171 years have passed, it does not mean that these sports fishermen and the charter boat operators have the right to break the treaty that was made with the Indians, and do what they please with property which does not belong to them.”

Mike Stankiewicz: “Instead of bossing around the Native Americans even more, I feel we should respect the fact that their ancestors lived on this ground for many years before the white man came along.”

Get the Story:
Indians deserve support in fishing dispute (The Detroit News 11/20)

Pokagon Band and Notre Dame

From the Notre Dame Observer:

Pokagon Band part of ND history, land

Relationship with Potawatomi tribe celebrated during Native American Heritage Month
By: Katie Peralta

While driving around South Bend, students might notice Potawatomi Park, Potawatomi Zoo and Pokagon Street – places all named after former residents of the area, the Potawatomi American Indian tribe and its local division, the Pokagon Band.

But not all passers-by may be aware that the land upon which Notre Dame was built once belonged to the Pokagon Band.

As a part of Native American Heritage Month, Notre Dame’s Multicultural Student Programs and Services (MSPS) will host a series of events bringing members of the Potawatomi tribe to campus to relay the history between the tribe and the University. As part of this series, MSPS will host a dinner Dec. 4 featuring members of the Potawatomi tribe to share their history.

Before Notre Dame founder Father Edward Sorin claimed this plot of land on Nov. 26, 1842, the land had been inhabited by the Pokagon Band, said Kevin Daugherty, educational resource developer for the Pokagon Band.

The Chicago Treaty of 1833, however, ordered the removal of Indians in the northern Indiana region, Daugherty said. Leopold Pokagon, a prominent Potawatomi leader and the spokesperson after whom the Pokagon Band is named, negotiated the right to stay on the land and was given a sum of money, Daugherty said. Pokagon used this money to buy land northwest of modern-day Dowagiac, Mich., where Daugherty said many members of the band still reside today.

During the 17th and 18th centuries, Potawatomi land stretched from what is now Chicago to Detroit, Daugherty said.

Many different villages populated this region and considered themselves Potawatomi, sharing a common language and culture. Such villages had alliances but operated independently on a local level.

The Pokagon Band of the Potawatomi Indians resided in the southwest Michigan and northern Indiana region, including the grounds where campus is now.

“They of course moved around a bit,” Daugherty said. “They moved along the St. Joseph River to farm, hunt and gather.”

Notre Dame anthropology professor Mark Schurr led an archaeological survey along the St. Joseph River about five years ago. The survey, a joint effort of a Notre Dame field school and the Pokagon Band, lasted about three years and revealed a few village sites along the river, Schurr said.

American settlers began moving west and consequently pushed for removal of American Indians by the U.S. government, Daugherty said.

In compliance with settlers’ demands for westward migration, the Indian Removal Act of 1830 dictated that all native peoples east of the Mississippi River move to present day states of Kansas and Oklahoma, said Ben Secunda, a Notre Dame history professor.

Just as the Cherokee’s removal was called the “Trail of Tears,” Secunda said, the Potawatomi called their removal the “Trail of Death.” The Potawatomi tribe, along with sympathetic whites such as the Catholic missionaries and traders friendly to the Indians, strongly protested it.

Secunda noted that violent roundups, led by governmental officials like Indian agent John Tipton, occurred throughout the Midwest except in the area of Michigan where Leopold Pokagon had secured land for his people. Pokagon’s land, Secunda said, became a safe haven for refugees evading the removal to Kansas. Baptist missionaries in the area supported such removals, he said.

To resist such removal, Leopold Pokagon, in 1830, trekked to Detroit to the Catholic headquarters to make an appeal, Secunda said. He asked for a Catholic priest to come back with him, one who would aid in removal resistance, convincing Father Stephen Badin and the Catholic missionaries to come down to the South Bend area, Secunda said.

Badin and the missionaries came and worked out of Pokagon’s log chapel, the famous historic landmark next to Saint Mary’s Lake, Secunda said. This became their base of operations.

Essentially, he said, out of Leopold Pokagon’s appeal came Notre Dame.

“The Pokagon band, Roman Catholic Church and Notre Dame priests supplemented each other at a key point in their history,” Schurr said. “Since then the groups have gone their separate ways. None would be as successful as they are now.”

Badin and the other Catholic missionaries successfully replaced the other pro-removal missionaries.

“The forerunners of the University did the right thing,” Secunda said. “With their help, the Potawatomi people were able to maintain a level of self-sufficiency, avoid removal, become Catholic and basically survive as a people.”

When Sorin arrived in the area in fall of 1841, “the Pokagons and the Catholics were interacting readily,” Daugherty said.

From the beginning, the Potawatomi in the area coexisted peacefully with the new settlers, Schurr said.

In fact, he said, Badin and the other priests shared many meals with the tribe members. They also lived in close proximity with the tribe.

The Pokagon Band today is scattered throughout Midwest. This dispersal is not totally unprecedented, Daugherty said.

“We have never had a land base or tribal ownership,” he said.

Though there is dispersal, the largest Pokagon population today is located in northern Indiana and southwestern Michigan.

About 3,300 members are in the Band today, and Daugherty said roughly 40 percent live within about 30 miles of Dowagiac. There is also a large concentration of people in the Kalamazoo area, with the remainder scattered across the Midwest.

Native American Heritage Month at Notre Dame includes a number of programs. In addition to the Dec. 4 dinner, the agenda includes a workshop in black ash basketry on Nov. 26. A visual display on contemporary American Indians will be displayed in the library for the remainder of the month.

Rep. Miller: Dems & Detroit Killed Sault Tribe and BMIC Bills

From the Port Huron Times Herald:

Your recent editorial about efforts to bring a casino to Port Huron shows the Times Herald is, at best, completely naive as to the politics behind this issue in Washington, D.C.

It is almost laughable that you are urging me to stand up to the bullying of my fellow Republicans to get this legislation passed. It is true some Republican members of Congress are opposed to any gaming expansion; however, as you may be aware, the Democrats control both the U.S. House and the Senate, every committee chairmanship and what legislation is heard in committee and on the floor.

***

Our bills were scheduled to be approved by the Natural Resources Committee. We were certain we had the necessary votes for passage, which is why it appears that Senate Majority leader Harry Reid of Nevada called Speaker Nancy Pelosi and asked her to pull the bill. We are aware that Las Vegas Casino interests and other tribes that fear competition were heavily lobbying against our bills, as were Detroit Mayor Kwame Kilpatrick, his mother Carolyn Cheeks Kilpatrick and Judiciary Committee Chairman John Conyers, members of Congress representing Detroit.

Saginaw Chippewa Treaty Case News Coverage

Here’s the news coverage from the Morning Sun:

City, council can join lawsuit

By MARK RANZENBERGER
Sun Online Editor

A federal judge ruled Friday that the city of Mt. Pleasant and Isabella County will be permitted to be part of the federal lawsuit that seeks to define the land inside the traditional boundaries of the Isabella Reservation as Indian Country.

U.S. District Judge Thomas Ludington ruled that the county and city were extremely late in trying to join in the suit, filed in 2005 by the Saginaw Chippewa Tribe against the state. But Ludington, in a ruling released late Friday, said it was within his discretion to allow the two municipalities to join in on the side of the state.

Ludington ruled, however, that the city and county could not bring in their own experts, and would have to abide by all the stipulations already set in the case.

“The court recognizes that the (city and county) have a legitimate interest at stake in this litigation, because an outcome in favor of the Saginaw Chippewas could materially affect their future governmental responsibilities,” Ludington said in his opinion.

The Tribe wants Ludington to declare that all or part of seven townships in Isabella County are “Indian country” as defined by federal law. The Tribe is asking for an injunction to prevent the governor, attorney general and state treasurer from exerting criminal or civil jurisdiction over the Tribe or its members “in a manner not allowed in Indian country.”

The federal government already has joined the case on the side of the Tribe. The county and the city now are part of the case as defendants, on the side of the state.

Both city and county officials say they bear no ill will against the Tribe or Native people, but the suit is a way to define the authority of civil and tribal governments.

Court documents filed by the city say the outcome of the suit could affect, in particular, taxation and zoning.

Tribal attorneys argued that the late intervention was simply a way for the state to buy more time to prepare its case.

Ludington said the city and county could have joined the case soon after it was filed.

At the time that the (city and county) filed their motions, the posture of this case was long past initial trial preparation,” Ludington’s ruling said. “Moreover, the (city’s and county’s) participation in the past case coupled with the local media coverage, indicate that (they) had sufficient notice of this proceeding.”

The “earlier case” mentioned by was a case involving property taxation, which went all the way to the U.S. Supreme Court before being settled. Tribal members, and the Tribe itself, now pay property taxes on land owned outright; land held in trust is not taxable.

In the current case, the Tribe and the Justice Department say that an 1855 executive order, and treaties signed in 1855 and 1864, created an Indian reservation on five full townships and six half-townships in Isabella County, and it continues to this day.

A date for a trial, which would be conducted without a jury, has not been set.

Saginaw Chippewa v. Granholm Update — Municipalities Allowed to Intervene

Judge Ludington has granted the motions of Isabella County and the City of Mt. Pleasant to intervene, but because they were so late in filing (about 2 years after the initial complaint), the judge took the recommendation of the United States to deny these intervenors the right to bring their own expert witnesses.

Here are the materials in this element of the litigation:

Isabella County Motion to Intervene

Mt. Pleasant Motion to Intervene

Tribe’s Response to Motion to Intervene

United States Reponse to Motion to Intervene

State’s Response to Motion to Intervene

Intervenors Reply to United States

Intervenors Reply to Tribe

Order on Motion to Intervene

See our previous post on this case, which includes the complaint and some other preliminary materials.

BMIC and Sault Tribe Bills News Coverage

From Indianz:

Michigan off-reservation gaming bills delayed


The House Natural Resources Committee was due to consider two off-reservation gaming bills on Thursday but they were delayed due to opposition from Michigan. H.R. 2176 and H.R. 4115 settle land claims for the Bay Mills Indian Community and the Sault Ste. Marie Tribe of Chippewa Indians, respectively. The bills allow the tribes to open casinos away from their existing reservations. The bills have the support of some members of Michigan’s Congressional delegation. But Rep. Carolyn Cheeks Kilpatrick (D-Michigan) opposes them and got House Speaker Nancy Pelosi (D-California) to pull them from the committee’s markup yesterday, The Detroit Free Press reported. Rep. John Conyers (D-Michigan) also opposes the legislation, the paper said. “I will not call up those bills today,” Rep. Nick Rahall (D-West Virginia), the chairman of the committee, said yesterday in response to the controversy.

Get the Story:
Casino proposals for Port Huron, Romulus on hold (The Detroit Free Press 11/15)
Dice yet to be rolled on new casinos (SooToday 11/15)

Rat on Inland

From the Leelanau Enterprise:

Tribal-state consent decree signed

Attorney Bill Rastetter figured he and other representatives of the Grand Traverse Band of Ottawa and Chippewa Indians had better attend the biennial meeting of the Conservation Resource Alliance in Traverse City for a couple reasons.

First, tribal members wanted to show support for natural resources, and the CRA seeks to protect watershed in northwest Michigan.

And secondly, they wanted to hear what just-appointed Michigan United Conservation Club executive director Dennis C. Muchmore had to say about the recently released consent decree acknowledging inland rights to hunt and fish within property defined by an 1837 treaty.

Muchmore, keynote speaker at the Oct. 18 luncheon, talked of opportunities afforded by the consent decree for MUCC and other sporting groups, the state, and the tribes to work together to promote their common causes.
“It was the polar opposite of 1981,” said Rastetter.

The consent decree, the result of two years of closed negotiation between the state and five Michigan Indian Tribes, was signed this week by U.S. District Judge Richard Alan Enslen.

The decree has no ending date. For all practical purposes, it represents the law of the land in how members of the five tribes hunt and fish in Michigan.

Rastetter is a veteran of the latest round of cases involving tribal issues, having enlisted as a pro-bono attorney working for Michigan Indian Legal Services shortly after federal Judge Noel Fox issued his landmark decision in 1979 granting treaty rights for Native Americans to gill net in the Great Lakes. Eventually, he was hired by the Grand Traverse Band to represent it in complicated legal cases with the state that had long-term implications.

Rastetter recalled attending a meeting in 1981 at which former MUCC director Tom Washington, who is now deceased, and former DNR director Howard Tanner denounced the emboldened tribal commercial fishers.

“What they had to say about the Indians, it would be an understatement to say it was a tirade,” said Rastetter. In defense of Washington and Tanner, considered stalwarts of the conservation movement, they were being reflective of a society of sportsmen fearful that the resources they cherished would be plundered.

Fox’s ruling came largely without limits, and eventually lake trout populations were over-harvested. Rastetter said Indian tribes were in their infancy. Most of the harvest in Grand Traverse Bay, he said, was by Native Americans who resided in the Upper Peninsula and were not members of the GTB.

Still, the die was cast. Indian fishermen were considered bad by members of the traditional conservation movement.

Flash forward to today, with the heard of MUCC reaching out to tribes as fellow conservationists, and the state and tribes willing to negotiate away portions of their legal positions in order to reach an agreement.

Somewhere along the way, the state and tribes came to terms that they should not be enemies. In fact, they are nearing an unfamiliar relationship — that of partners.

“Our biologists are working hand-in-hand with (Traverse City DNR fish biologist) Todd Kalish on a number of projects. Clearly there is a common mission,” said Rastetter.

Also familiar with the history of the struggles of GTB members is Henry (Hank) Bailey, a fish and wildlife technician with the GTB Natural Resources Department. He has the perspective of viewing the decree from two sides — that of an Indian who may have given up some of his treaty rights, and that of a protector of resources.

“We’ve always been great managers of resources,” he said, adding that GTB members believe in planning ahead seven generations in their use of natural resources. “That’s how far you need to be looking and planning for. You have to be careful with what you’re doing with the resource.”

Bailey has heard complaints from other GTB members that tribal negotiators gave up too much to get the settlement. “There are so many ways of looking at it. But it has been negotiated, so there has been give and take … the state folks have people who they have to answer to, and they’ll take a beating.”

State conservation officer Mike Borkovich has heard from those folks, who believe the state should have taken its case to trial. He, too, offers a bit of history.

“The treaty was made even before Michigan was a state. In a way, the state wasn’t in the negotiations for the treaty,” he said.

Hunters are concerned that GTB members are allowed to firearms hunt on public lands earlier than the traditional opener on Nov. 15. Fishers are concerned that limited netting — but not gill netting — will be allowed on larger inland lakes.

“I want people to be patient,” Borkovich suggests. “The tribal members are not anti-hunting or anti-gun zealots. If we all work together with proper management techniques, we will be able to sustain our resources.”

Rastetter said the decree is the first he knows of that recognizes tribal rights without having to first go to federal court, where states have traditionally lost their cases. The document is full of give-and-take, of which some pertains directly to Leelanau County. For instance, tribal rights were extended to lands enrolled in the state Commercial Forestry Act — but only lands of 1,000 acres or more. That provision excludes all property enrolled in Leelanau.

And “state parks” were specifically excluded from public lands falling under tribal rules — meaning that the hundreds of acres in Leelanau State Park were excluded from the early tribal firearms deer hunt.

“There are comprises like these that I’m sure tribal members are not happy about,” he said. “But this sets the stage for cooperation on a wide level on inland issues.”

BMIC & Sault Tribe Land Claim Settlement Bills Tabled

From Indianz:

UPDATE
After a delay of more than one hour, the committee started the markup. Rep. Nick Rahall (D-West Virginia), however, said the two Michigan off-reservation gaming/land claim settlement bills will not be considered. “I will not call up those bills today,” the chairman said.