by Robert T. Coulter*
Robert T. Coulter is Executive Director of the Indian Law Resource Center. He is a member of the Citizen Potawatomi Nation and has more than 30 years of experience in the field of Indian law.
It has been just a year since President Obama announced the Administration’s support for the UN Declaration on the Rights of Indigenous Peoples and promised action to implement at least some of those rights. Across the country, tribal governments are seizing the Declaration and using it creatively to protect their lands and resources, and especially their rights to cultural and sacred sites.
For example, the Navajo Nation has used the Declaration in its efforts to protect the San Francisco Peaks, and the Seneca Nation has pointed out Article 37 (“Indigenous peoples have the right to the recognition, observance and enforcement of treaties”) in its efforts to resolve a 60-year occupation of Seneca territory by the New York State Thruway that violates the 1794 Treaty of Canandaigua. Continue reading →
The Bad River Band of the Lake Superior Tribe of Chippewa Indians is working to defeat a plan to develop a mine at the headwaters of the Bad River. Members of the Wisconsin State Assembly unveiled a bill earlier this week that would drastically reduce the environmental protection that keeps communities safe. The bill and the plan to mine the Penokee Hills threatens the Band’s entire way of life. Chairman Mike Wiggins, Jr. plans to present the letter to the Governor today at an economic summit in Minocqua, Wisconsin. Tomorrow, the Chairman plans to testify at the public hearing on the bill set for 10 AM in Milwaukee (348 miles away from the proposed mine site).
WAYLAND TOWNSHIP — The Supreme Court will decide next year whether the federal government properly took land into trust for the Gun Lake Tribe to build a casino, in a case that experts say reaches far beyond the borders of Allegan County.
The casino, which employs about 900 people, opened in February and has since paid out $10.4 million in state and local revenue sharing while raking in about $104 million in net profits on electronic games after payouts in less than a year of operation.
“This is an incredibly high-stakes case,” said Matthew Fletcher, a law professor at Michigan State University who specializes in Indian gaming law. “This casino is generating a lot of revenue — a lot more than they thought they would.”
But the Supreme Court, which accepts only about 3 to 4 percent of cases for which they’re petitioned each year, would not be scheduling arguments if the lawsuit were simply about jobs, profits and revenue sharing for municipalities, although that helps, said Fletcher.
Rather, the Roberts Court justices are likely hoping to clear-up a gray-area in the law that governs decisions by the Department of Interior about taking land in trust on behalf of Indian tribes; a wrinkle that bodes well for the tribe and the government, he said.
The Supreme Court typically reverses about 70 to 75 percent of cases they hear, Fletcher said. “They usually agree to hear a case when they think a lower court is wrong.”
The order list is here. Additional commentary on the case is likely.
In the same order, The Court CVSG’d Corboy v. Louie and denied the motion in San Carlos Apache Tribe v. United States to file a writ of cert out of time.
Important Victory in the Klamath Tribes Water Rights Adjudication
Chiloquin, OR- Today was a milestone in the lengthy Klamath Basin Water Rights Adjudication. The judge hearing the part of the Adjudication that deals with the claims of the Klamath Tribes issues six Proposed Orders quantifying the Tribes’ water rights. In each case he ruled largely in favor of the Tribes’ claims.
“The Proposed Orders give everyone in the Basin plenty to think about,” said Jeff Mitchell who leads the Klamath Tribes’ Negotiating Team. “These rulings highlight the role that the Klamath Basin Restoration Agreement can play in resolving Basin water issues. The Tribes will be evaluating the rulings and discussing them with others in the Basin to determine the best path from here on.”
Some interests in the Basin advised people that the Tribes’ water rights are minimal, but those interests have been proven wrong. People who followed that advice have obviously been misled in a situation where they are risking a lot.
The rulings encompass the Williamson, Sycan, Sprague, and Wood Rivers along with many of their tributaries, as well as the Klamath Marsh and springs scattered throughout the former Klamath Reservation. Cases involving Upper Klamath Lake and the Klamath River are expected to have decisions handed down in April.
“These rulings emphasize the need for Basin water interests to work together to find ways to share the water, share the pain of drought, and share the bounty of our waterways,” said Tribal Vice-Chairman Don Gentry. “The Tribes are committed to restoring fisheries and water bodies in the Basin, and we believe that agricultural and other water dependent communities can be restored at the same time. That is what the KBRA can do,” he said.
The ruling is welcomed by the Tribes who have fought for their treaty rights for many decades, and are prepared to fight many more. The Tribes’ commitment to the Adjudication reflects their commitment to restoring the health of Basin fisheries and water bodies. “Our commitment to these bounties provided by the Creator will never end,” said Mitchell.
WASHINGTON — President Barack Obama met for the third time with Native American tribal leaders on Friday, signing an executive order on tribal colleges and assuring them “you have a president that’s got your back.”
Obama has won plaudits among Native Americans by breaking through a logjam of inaction on tribal issues and for giving a voice to their issues with the annual gatherings in Washington. At Friday’s conference, Obama announced he had signed an executive order establishing a White House initiative on American Indian and Alaska native education. The initiative will be overseen by an executive director appointed by the interior and education secretaries.
Turtle Talk 
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