Here.
Minnesota Struggles with 150 Year Anniversary of Dakota War/Mass Executions
Here.
Here.
Andy more or less catches my drift (via Pechanga). A few quotes:
In his piece, Fletcher goes on to outline three potentially significant legal obstacles: the Bureau of Indian Affairs’ “trust acquisition hurdles”; language in the Land Claims Settlement Act provision that says the Interior Department “shall be held in trust” (the word “shall” may not mean “has to”); and a provision in the Indian Gaming Regulatory Act that would require the Sault Tribe to submit its application to the Interior Department after “a prior written agreement between the Tribe and the State’s other federally recognized Indian Tribes that provides for each of the other Tribes to share in the revenue of the off reservation gaming facility.”
That last quote is actually from the 1993 gaming compacts.
And fourth:
A fourth hurdle, Fletcher wrote, is that the Sault Tribe “has to exercise governmental authority over the land, according to the Indian Gaming Regulatory Act. Sault Tribe has no history in this area, let alone a governmental presence.”
I haven’t really expounded on a possible fifth hurdle, which is really related to the mandatory trust acquisition language. I can assure you Congress would never have intended that the Sault Tribe would be able to use this provision to buy land for off-reservation gaming purposes (especially, way off-reservation gaming purposes. See the legislative history here (Judgment Funds Hearing), which is virtually silent as to gaming. [Although to be fair, Rep. Kildee says his grandfather from the Traverse City area remembers when Indians had more “mobility” than they do now.] Ultimately, legislative history doesn’t trump the plain language. Usually.
Sault Tribe has to worry that a court construing the Secretary’s authority under the so-called mandatory trust acquisition language is unlimited, and perhaps unconstitutional as applied to this circumstance. The judgment funds settle treaty claims related to the 1836 treaty signatories. The 1836 treaty ceded territories do not include Lansing. And frankly, the Sault Tribe and Bay Mills have only a tenuous claim to lower peninsula territory, given that they are located in the Upper Peninsula, and importantly, there are already three federally recognized Lower Peninsula tribes who are 1836 treaty signatories. I mentioned in yesterday’s post that Lansing is small potatoes compared to other metropolitan areas, like Chicago and Cleveland, that don’t have Indian casinos now. Nothing stops Sault Tribe from going there with their casino proposals, and that fact alone will make a court wary of allowing Sault Tribe, Lansing, and Interior (if Interior goes along with it) to set aside trust lands in Lansing.
I recall this comment from the Eighth Circuit in a different context (involving the Secretary’s authority under Section 5 of the Indian Reorganization Act) but it makes the point here as well:
By its literal terms, the statute permits the Secretary to purchase a factory, an office building, a residential subdivision, or a golf course intrust for an Indian tribe, thereby removing these properties from state and local tax rolls. Indeed, it would permit the Secretary to purchase the Empire State Building in trust for a tribal chieftain as a wedding present. There are no perceptible “boundaries,” no “intelligible principles,” within the four corners of the statutory language that constrain this delegated authority-except that the acquisition must be “for Indians.” It delegates unrestricted power to acquire land from private citizens for the private use and benefit of Indian tribes or individual Indians.
It’s on page 882 here (SD v DOI). I can easily see a court rejecting the plain language reading the Tribe will want them to make on these grounds. It would be a terrible precedent for all of Indian country. But tribes take risky actions in desperate times, I suppose.
Here’s a news article describing the protest of an Australian holiday commemorating the invasion/arrival of British colonists in 1788. The protest heated up after a politician made some comments about recent progress on Native issues and the consequent lack of continued need for indigenous Tent Embassy in the Capital.
From the Washington Post (AP):
FLAGSTAFF, Ariz. — Almost half of American Indians and Alaska Natives identify with multiple races, representing a group that grew by 39 percent over a decade, according to U.S. Census data released Wednesday.
Of the 5.2 million people counted as Natives in 2010, nearly 2.3 million reported being Native in combination with one or more of six other race categories, showcasing a growing diversity among Natives. Those who added black, white or both as a personal identifier made up 84 percent of the multi-racial group.
***
Census Director Robert Groves said the bureau has projected that the overall Native population will increase to 6.8 million in 2030 and about 8.6 million in 2050. Both multiracial Natives and Natives alone grew at a rate higher from 2000 to 2010 than the U.S. population at large.
***
—The majority of Natives live in 10 states: Arizona, California, Florida, Michigan, New Mexico, New York, North Carolina, Oklahoma, Texas and Washington.
In yesterday’s State of the Union address, the President laid out a blueprint for an economy that’s built to last – an economy built on American manufacturing, American energy, skills for American workers, and a renewal of American values. The President has been clear that we need to do more to create jobs and help economic growth. But under his leadership and thanks to action taken by the President, the economy is growing again. The economy has added a total of nearly 3.2 million private sector jobs over the last 22 months.
Last night, the President outlined a series of ideas to build an economy that works for everyone, one that will bring about a new era of American manufacturing, and promote homegrown and alternative energy sources. The President’s Blueprint for an America Built to Last includes the following initiatives that will benefit Indian Country:
These initiatives build on the progress that’s already underway. In Indian Country, we have made significant strides over the past three years and continue to strengthen the government-to-government relationship with tribal governments and improve the quality of life in Indian Country. Last month, for the third year, President Obama hosted the White House Tribal Nations Conference in Washington, DC, and discussed the work he’s done to improve the relationship between tribal nations and the federal government, and to achieve a brighter future for tribal nations. It’s a set of changes that is starting to take effect. As he stated during his remarks at the Conference last month:
“It’s the Native American-owned small business that’s opening its doors, or a worker helping a school renovate. It’s new roads and houses. It’s wind turbines going up on tribal lands, and crime going down in tribal communities.”
And in conjunction with the Tribal Nations Conference last, the President signed an Executive Order that establishes an Initiative to expand educational opportunities and improve educational outcomes for all American Indian and Alaska Native students, including opportunities to learn their Native languages, cultures, and histories, and to receive a complete and competitive education that prepares them for college and career, and for productive and satisfying lives.
But the President understands that our work is far from done. Building strong, prosperous Native American economies is a priority for this Administration, and President Obama believes that tribal leaders must be part of the solution and have a seat at the table. Working together, the President intends to keep moving forward to achieve a brighter future for tribal nations.
As President Obama said last night, “Those of us who’ve been sent here to serve can learn a thing or two from the service of our troops. When you put on that uniform, it doesn’t matter if you’re black or white; Asian, Latino, Native American; conservative, liberal; rich, poor; gay, straight. When you’re marching into battle, you look out for the person next to you, or the mission fails. When you’re in the thick of the fight, you rise or fall as one unit, serving one nation, leaving no one behind.”
For more information about this Administration’s accomplishments in Indian Country, our recently released report, “Achieving a Brighter Future for Tribal Nations,” provides a summary of some of the many actions the Obama Administration has taken to address the concerns of American Indians and Alaska Natives. The report is available HERE.
Kimberly Teehee is the Senior Policy Advisor for Native American Affairs, Domestic Policy Council
Here, from the SBM Blog, which links to other blogs.
Excerpt from the Memphis Commercial Appeal coverage:
Regarding education, the material they distributed said, “Neglect and outright ill will have distorted the teaching of the history and character of the United States. We seek to compel the teaching of students in Tennessee the truth regarding the history of our nation and the nature of its government.”
That would include, the documents say, that “the Constitution created a Republic, not a Democracy.”
The material calls for lawmakers to amend state laws governing school curriculums, and for textbook selection criteria to say that “No portrayal of minority experience in the history which actually occurred shall obscure the experience or contributions of the Founding Fathers, or the majority of citizens, including those who reached positions of leadership.”
Fayette County attorney Hal Rounds, the group’s lead spokesman during the news conference, said the group wants to address “an awful lot of made-up criticism about, for instance, the founders intruding on the Indians or having slaves or being hypocrites in one way or another.
We’ll post the complaint, filed in state court, once we get it (if we get it).
Meanwhile, here’s the news coverage.
Here.
Here is the op/Ed, authored by
Here’s an excerpt:
Some Minnesotans refer to tribes not by their official names but by their casinos’ names, such as “Grand Casino” for the Mille Lacs Band or “Black Bear” for Fond du Lac.
Perhaps that is why many people seem to mistakenly believe that the main purpose of tribes is to operate casinos. This could not be further from reality.
Tribes are governments, with all the same duties and responsibilities that state governments have.
Minnesota is home to 11 American Indian tribal governments, whose main job is to serve the needs of our members through health care, education and other services.
Our people count on us to help them when they are sick, to prepare their children for college and careers, to make quality housing available, to care for the elderly, and to be responsible stewards of the lakes and lands on our reservations.
They want their voices heard in government, and they want to see solutions to community problems. In short, they expect their governments to meet their needs and make wise use of their resources.
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