News
MORE LABOR DAY NEWS: NYTs Profile of WTC Ironworkers (Including Mohawks and Other Indians)
Here. And here is a photo slideshow.
An exceprt:
Even among the elite class of ironworkers that specializes in raising high steel, the 40 or so men who perform the most dangerous work at 1 World Trade are a kind of special forces. There are veterans like Turhan Clause, a 46-year-old bolter-upper and an Algonquin Indian whose father and grandfather were also in the trade.
Cherokee Freedmen Supporters Protest BIA Office in Muscogee
ICT Article on Gun Lake/United States Cert Petitions in Patchak Case
Here. An excerpt:
So, the potentially huge question for Indian country revolves around the Quiet Title Act, Fletcher said. “If the immunity barrier in the QTA can be gotten around, then much trust land recently taken into trust could be challenged by virtually anyone who is strongly opposed to trust land acquisitions. What’s remarkable about this case is the standing holding. Basically, all Patchak can prove is that he very strongly opposes Indian gaming. He’s not actually injured by it at all, other than worries about the ‘rural character’ of his community, whatever that means. Wayland and its surrounding townships long have hoped for more industry and economic growth – I know, I grew up there. So it’s just one guy for all we know who doesn’t want that. He’s pretty firmly in a tiny minority,” Fletcher said.
Gun Lake presents a number of arguments in seeking the high court’s review. Because the appeals court decision is on conflict with four other appeals court decisions in similar cases it has “opened a substantial gap” in the federal government’s sovereign immunity under the QTA from litigation challenging its title to trust or restricted Indian lands, as well as federal lands generally, the lawsuit says. If the appeals court ruling is left in place, that means anyone with a gripe could create a challenge in any case in which the federal government “claims an interest” whether it is Indian lands, national parks, public lands, easements or any other lands covered by the QTA’s terms and exceptions.
Also, because the D.C. Circuit hears almost all lawsuits against the federal government, prospective plaintiffs will now be able to “forum shop” their way around the United States’ sovereign immunity in disputes challenging the federal government’s title to land or “avoid the QTA and controlling circuit law altogether by simply filing their lawsuits in the District of Columbia,” the Gun Lake petition says.
The federal government’s petition asks the high court to consider “(w)hether (the Administrative Procedures Act) waives the sovereign immunity of the United States from a suit challenging its title to lands that it holds in trust for an Indian Tribe,” and more directly seeks the high court’s review of the Carcieri ruling in asking “(w)hether a private individual who alleges injuries resulting from the operation of a gaming facility on Indian trust land has prudential standing to challenge the decision of the Secretary of the Interior to take title to that land in trust, on the ground that the decision was not authorized by the Indian Reorganization Act.”
Among the arguments presented by the federal government in seeking the high court’s review is that the Administrative Procedure Act under which Patchak filed his lawsuit against the Interior Department does not allow an end run around the Quiet Title Act’s provision that precludes any person from seeking to divest the United States of title to Indian trust lands.
State of Hawaii Enacts Law Recognizing Native Hawaiian Self-Determination
Huge news in Hawaii!!!!
Here is the link to the pdf of the bill. And legislative history.
Here is the governor’s webpage and video on the signing of the law. The text of the governor’s release:
Honolulu –Governor Neil Abercrombie signed into law a measure that recognizes Native Hawaiians as the indigenous people of Hawai’i. Act 195 gives the Governor the power to appoint a five-member Native Hawaiian Roll Commission that will build the foundation for self-determination.
“This is an important step for the future of Native Hawaiian self-determination and the ability for Native Hawaiians to decide their own future,” stated Governor Abercrombie. “This Commission will put together the roll of qualified and interested Native Hawaiians who want to help determine the course of Hawai’i’s indigenous people.”
Act 195 starts the process that will eventually lead to Native Hawaiian Recognition. While in the U.S. House of Representatives, then-Congressman Abercrombie worked closely with U.S. Senator Daniel K. Akaka on moving the Native Hawaiian Government Reorganization Act, which was first introduced in 1999. In 2000 and 2007, then-Congressman Abercrombie successfully shepherded the legislation through the U.S. House of Representatives committees and won approval by the full House.
U.S. Senator Akaka, who is in Washington D.C., praised the bill signing stating: “The enactment of this bill is yet another example of Hawai’i’s ongoing desire to recognize the unique contributions and traditions of the Native people in our state. Native Hawaiian values shape our sense of identity, our sense of aloha for one another, and our sense of what is pono, what is just. This new law complements our efforts in Congress and demonstrates that the people of Hawai’i strongly support the right of Native Hawaiians to reorganize and perpetuate their culture and way of life.”
More than 150 people attended today’s bill signing ceremony at Washington Place this afternoon, including groups representing the ali’i societies and trusts; OHA trustees, Native Hawaiian civic clubs, and state lawmakers.
Governor Abercrombie has 180 days to appoint the five-member Native Hawaiian Roll Commission. The Commission will be responsible for preparing and maintaining a roll of qualified Native Hawaiians as defined by the Act. The roll is to be used as the basis for participation in the organization of a Native Hawaiian governing entity. The Commission is composed of five members, one from each county and one at-large seat. Once its work is completed, the Governor will dissolve the Commission.
“We recognize the special relationship to Native Hawaiians that is part of our public conscience, enshrined in our laws, and entrusted to our leaders,” Governor Abercrombie said. “With the signing of this bill, the State of Hawai’i is closer to the reorganization of a Native Hawaiian governing entity. As Native Hawaiians rise, all of Hawai’i rises.”
The Office of the Governor will announce the application process for consideration to be named to the Commission later this week.
HuffPo on the Cherokee Freedmen
Here.
Dexter McNamara Named Chairman at Little Traverse Bay Bands
Here is the ICT article.
Northern Express Profile of GTB Chairman Derek Bailey
An excerpt:
Chairman Derek Bailey of the Grand Traverse Band of Ottawa and Chippewa Indians (GTB) recently postponed a family getaway to the Upper Peninsula to speak at a memorial service. These constant schedule changes and being accessible 24/7 as the Tribal Chairman have become the lifestyle Bailey and his family have adopted since his election three years ago.
“We were looking forward to our trip, but I was asked to speak at a memorial service for Helen Hornbeck Tanner. I considered it not only an honor but my obligation to be there,” said Bailey. “Tanner, while not Native American, played several crucial roles in the recent history for Indian tribes of the Great Lakes region. She is not the only reason but she certainly is a key reason why we (the GTB) are where we are at today. It was important that I let her family and friends know how much we appreciate what she did for us and equally important that our tribal communities know of her importance.”
TANNER’S CONTRIBUTION
Tanner, a long time Beluah resident, was considered the leading authority on the Native American history of the Great Lakes. She authored several books and research papers during her tenure as a professor at the University of Michigan and as a senior research fellow at the Newberry Library in Chicago. Her “Atlas of Great Lakes Indian History,” documented the displacement of Indian communities from 1640 to 1871. Her research and expertise played a crucial role in upholding Indian treaty rights with the federal government, including fishing rights on the Great Lakes.Bailey’s presence at the memorial service marked the type of leadership style those within the GTB have come to expect. That leadership style has also made its mark throughout Northern Michigan, as well as in Lansing and even in Washington D.C..
In 2008 at the age of 36, Bailey became the fifth and the youngest Tribal Chairman elected by the GTB. Bailey has set out a course to build partnerships throughout Michigan and in the nation’s capital. In just three years of creating collaborations and partnerships, some in the Northern Michigan business community are calling on Bailey to consider either running for the Michigan State Senate or U.S. Congress.
BOTH SIDES OF AN ISSUE
“I think Derek would make an excellent representative for Northern Michigan in Lansing or Washington D.C.,” said Don Coe, managing partner of Black Star Farms Winery and chairman of the Michigan Commission on Agriculture and Rural Development. “What he has been able to accomplish in just a couple of years as tribal chairman is remarkable and his leadership skills in Lansing or Congress would be a valuable asset for us here in Northern Michigan. Derek has worked hard to not only better the GTB but also the greater Northern Michigan community.”Coe is impressed with Bailey’s ability to understand both sides of an issue and bring opposing sides together.
“What I like is his ability to represent the GTB positions on issues and put those forward in a way that that is not threatening but accepting, and he is also able to put forward the issues of others back to his membership,” said Coe.Coe adds that Bailey is also an exceptional listener, and has attracted the attention of the Obama administration. “You don’t call the White House, they call you and the Obama administration has been calling.”
That most recent call came a few weeks back when President Obama visited Holland and the White House called Bailey to let him know that the president requested his presence in Holland for a brief meeting.
Turtle Talk 
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