Saginaw Chippewa Indian tribe Accepts Mount Pleasant Indian School Grounds

From Indianz:

The Saginaw Chippewa Tribe of Michigan held a remembrance and healing ceremony on Monday at the site of the former Mt. Pleasant Indian Industrial School.

The school operated from 1893 to 1934. Officially, five children died there but a search of obituaries and local records turned up the names of nearly 150 more, whose names were read at the ceremony.

The city of Mt. Pleasant owns most of the site but the state deeded eight acres and six historic buildings to the tribe.

Get the Story:
Tribe remembers boarding school era, begins healing (The Mt. Pleasant Morning Sun 6/7)
Tribe plans day of remembrance, healing for June 6 (The Mt. Pleasant Morning Sun 5/31)

Donald Verrilli Confirmed as the New SG

Here is the link.

Here is our post detailing some of his Indian law experience, which we labeled “extensive.”

Jerilyn DeCoteau on Opting Out of the Cobell Settlement

Here.

An excerpt:

I feel cheated because my grandmother was cheated and her heirs were cheated and cowed by the very lack of information, by the lack of answers when questions were asked, cowed into believing we had little or no right to ask about our interest in her allotment. This is one of reasons I opted out: I still don’t know what resources are on the allotments (there are 3) that I have interests in. To say on quarterly statement, which have miraculously appeared in recent years, that the land is leased for “business purpose” or “agriculture” tells me very little. The point is, these leased lands are the source of the trust accounts that are the subject of Cobell and I still don’t know enough about the value of my interests to make an informed decision about whether to agree to settle.

I do know that I continue to feel cheated. My family has never benefited in any meaningful way from our allotments. Now some 110 years later, I have the offer of another paltry piece of paper with a few small numbers typed on it. What am I supposed to do with $500? What would you do? What would you do if you didn’t feel so powerless and like you deserved at least something, even if it is this silly amount called a “settlement”? My daughter pointed out the plain reality, “There are poor people who would gladly take $500, a month’s worth of fuel oil [in a cold North Dakota winter], or a couple of week’s groceries in exchange for a piece of land they will never see and have no money to ever see.”

The fact is, the settlement will make no real difference in the lives of most account holders and can hardly be considered justice in any real sense of the word. It is just a way to put an ugly chapter in American history to rest for the perpetrators, while conveniently ignoring that it is largely a meaningless act for most Indians.

It is not a meaningless exercise, however, for those few who stand to reap large benefits despite the very fact that the suit failed in it essential mission: most trust account holders still don’t know any more about how our lands were mismanaged. Even after 12 years of litigation and hundreds of millions of dollars spent, we still don’t know. But when the few get their big money, the rest are expected to walk away happy with the equivalent of a peanut.

I am not complaining about the named plaintiffs or lawyers in this case. They undertook a noble and heroic mission, though it proved impossible. They went forward, I believe in good faith, with the vision and strength of the best warriors of any Indian nation. They did what they could, but like Red Bear, like Chief Joseph, like Sitting Bull, like Geronimo, like Black Hawk, like Red Cloud, like Louis Riel, like Ira Hayes, like so many good warriors (men and women) trying to make a living and a life on our reservations and from our allotments, it wasn’t enough, it is not enough. They could not turn the tide of history or turn aside the bands of thieves wanting to hand Indians trinkets for their eternal treasures. Still, I honor them, although I can’t help begrudge the real money they will get. And I can’t help but wonder if the large amounts didn’t entice them to “opt in” for all of us.

But again, that is not why I opted out. With the Cobell settlement, I feel like I am standing between “eternity” and a hard place. Some things you just have to hold on to no matter what. Five hundred dollars, on the other hand, is meant to be let go of. Like my grandfather waiting for his allotment, I will likely die waiting to know the truth, but better to wait than to give up on what is right.

Jerilyn Monette DeCoteau is a member of the Turtle Mountain Chippewa. She is on hiatus in her 27 year practice of Indian law. She has three children, six grandchildren and two great grandchildren. She lives in Eldorado Springs, Colorado with her husband, Tod Smith, and son.

NPR: Indian Gaming Revenue Sharing Aids Local Governments in Washington

Here is a link to the program. And the summary:

Some Native American tribes in Washington state are bailing out financially troubled local governments. Most native tribes are still among the poorest communities in the U.S. But in Washington, casino revenue has allowed tribes to make big donations to school districts and even to fund local government positions.

Washington ICWA Passes

WASHINGTON INDIAN CHILD WELFARE ACT PASSED

After a multi-year tribal effort to make this Act a reality, Governor Chris Gregoire has signed the Washington State Indian Child Welfare Act (WICWA) into law. AAIA has worked closely with Washington state tribes on Indian child welfare issues for many years and we believe this is an important step forward in the ongoing efforts to promote the safety and well-being of Indian children and families.

WICWA has two main purposes. First, it codifies in Washington law the main provisions of the federal Indian Child Welfare Act (ICWA). This helps to make sure that state courts, attorneys and others involved with the state legal system incorporate ICWA protections for Indian children, families and tribes into their everyday practice. AAIA has long been involved in Indian child welfare advocacy. Studies and efforts by the AAIA were the catalyst for the enactment of the ICWA in 1978.

Second, WICWA clarifies how the federal law should be implemented and expands upon its protections. Among the most meaningful additions are provisions which define important legal terms, such as “active efforts,” “best interests,” and “qualified expert witnesses,” modify the placement preferences and improve procedures for identifying Indian children, including recognizing tribal decisions on membership as conclusive.

AAIA provided technical legal assistance to Washington tribal leaders and attorneys drafting and advocating for WICWA. WICWA builds upon previous tribal efforts to implement ICWA in Washington State which AAIA has assisted, including negotiation of a landmark tribal-state Indian child welfare agreement with the state, incorporation of provisions in the agreement into state practices and procedures, and legislation requiring the state to recognize tribally-licensed foster homes.

WICWA will help to advance the central goals of ICWA – namely to keep Indian families together and to ensure placement with extended family or tribal members whenever possible.

Federal Prosecutors Decline Half of Indian Country Cases in Arizona

Here is the news article.

An excerpt:

The Arizona letters provide a window into a much larger government study of Department of Justice records in which 50 percent of the 9,000 cases filed from tribal lands during fiscal years 2005-2009 were declined.

In the study, 42 percent of rejections were attributed to weak or insufficient admissible evidence; 18 percent to “no federal offense evident;” and another 12 percent to witness problems.

In the AP’s Arizona review, the reasons – many cases cite more than one – were:

– 59 percent cited insufficient or inadmissible evidence. That could mean anything from inferior investigations by law enforcement to inadequate crime scene preservation.

– 27 percent cited witness problems, which can include witnesses recanting, being viewed as not credible, or simply disappearing.

– 16 percent cited a lack of jurisdiction, which can speak to the level of a crime. For example, the injuries of a detention sergeant beaten by an inmate weren’t serious enough to be a federal crime.

Continue reading

Colorado Supreme Court Grants Review in Ward Churchill Case

Here is the article, from the Chronicle.

Confusion in Replacing Joe McCoy as Chair at Sault Tribe

Here is the release from saulttribe.com:

There will not be an election to fill the seat left vacant by Sault Tribe Chairman Darwin “Joe” McCoy, who announced his immediate resignation as the elected leader Tribe on Tuesday, May 10.

“After further review of our election ordinance and upon advice from our legal team and Tribal Election Committee, it has been determined that an advisory election to fill the vacant chairperson seat is prohibited under our Tribal Law,” said Lana Causley, Vice Chairperson. “Chapter 10 of the Tribal Code is the Tribe’s Election Ordinance. The relevant provisions are sections 10.107 (Notice of Election) and 10.203 (Date of Election) that state: “The date of the (special) election shall not be earlier than ninety (90) days after the Election Announcement. No Special Advisory Election shall be held if the election date shall be later than six (6) months prior to the posting of the Election Announcement for the next general election.’”

Under this Election Ordinance, the Tribe cannot hold a Special Advisory Election because, assuming the Board posted the announcement for the Special Advisory Election May 24, 2011, the earliest the Special Advisory Election could be held under section 10.203 would be August 22, 2011 (August 22 is ninety days from May 24, 2011), which is less than six months from the posting of the Election Announcement for the next general election, which is July 27, 2011.  In order to hold a Special Advisory Election, the Election Announcement would have had to been posted 90 days prior to July 27, 2011, which has already passed.  According to section 10.107 “The Notice of Election shall be sent to all Adult Members (at least one notice per household) by means of letter, and shall also be publicized in the tribal newspaper, on the Tribe’s official website, and posted at all Tribal Offices on the last Friday in January in the year in which a general election occurs”, which is 2012 in this case.

The board did consider a resolution which would allow them to have a special advisory election by changing tribal law eliminating the 6 months prohibition, and the resolution failed on a vote of six to five. Therefore, under the Election Ordinance, the Board may not authorize a Special Advisory Election to assist it in appointing a replacement to fill the unexpired term of former Chairman McCoy. There will not be a Special non binding Advisory Election.

Causley said the entire board apologizes to tribal members and other audiences about any confusion caused by reports that an advisory election could be held to fill the position. It is the first time the Tribe has had a chairman resign near the end of his term.

“Our goal is to make sure we are following our Constitution and Tribal Laws, which clearly state that calling a special election in this instance would be prohibited,” said Causley. “On behalf of the entire Board, I apologize for any confusion caused surrounding this issue.” Causley also cautioned to be aware of any notices surrounding this and other Tribal issues to be certain they are coming from the Tribe and not an outside source.  Continue reading

Oregonian: “Oregon legislative efforts to undermine more protective water quality standards, tribes’ treaty-secured rights”

Here is the article (hat tip to Catherine O’Neill).

An excerpt:

Legislative bills seek to minimize the economic hit of the new rule, help ensure that paper mills, factories and sewage treatment plants can get variances and cement the Department of Environmental Quality’s second-fiddle role on ranches and farms.

The Legislature’s moves signal that DEQ’s nation-leading standards, in the works since 2004, could end up not doing much.

The new standards, set for Environmental Quality Commission approval in two weeks, would dramatically tighten pollution limits for a host of pollutants, including metals, flame retardants, PCBs, dioxins and plastic additives.

They come amid mounting evidence of toxic pollution in the state’s rivers and nearly two decades after studies showed tribal members along the Columbia River eat far more fish than the general population.

Bills “at the 11th hour” could undercut the standards, said Carl Merkle, environmental planning manager for the Confederated Tribes of the Umatilla Indian Reservation.

“We want to see fair implementation (of the new rule) and we know that will occur over a long period of time,” Merkle said. “But we also want to see it effectively implemented, so it’s not just a paper exercise.”

Industry and cities say the uniquely tight standards — in some cases below natural levels in river water — would be impossible to meet without millions of dollars worth of treatment. The rule could discourage new industries from moving in and boost sewer rates, they say.

ICT Article on Yakama Suit against Feds for Breach of Treaty-Required Consultation in FBI “Invasion”

Here is the article. An excerpt:

During a visit to Washington this week, the chairman of the Confederated Tribes and Bands of the Yakama Nation and members of his delegation will go to the National Archives to view the original 1855 Treaty with the Yakama. It will be a poignant experience for the leader of the Yakama people who live along the Columbia River and the central plateau of Washington state.

The Treaty, which was signed at Camp Stevens, Walla-Walla Valley in Washington State on June 9, 1855, is at the heart of a lawsuit the nation filed in federal court at the end of April. The lawsuit states that the nation’s treaty rights and other laws were violated when a horde of dozens of law enforcement officers from local and federal agencies and two states on the other side of the country – without consultation or notification – invaded the Yakama reservation with their weapons drawn at the crack of dawn on a cold winter morning in February to serve a questionable arrest warrant on a Yakama businessman for alleged cigarette tax violations in another state.

The Yakama Treaty says the federal government set aside lands “for the exclusive use and benefit” of the Yakama Indians and promised not to allow “any white man, excepting those in the employment of the Indian Department” to live on the reservation. The Treaty further guarantees the Yakama people that U.S. citizens would not “enter upon” their lands.

One Indian law expert compared the federal government’s apparent lack of trust toward the Yakama Nation to its lack of trust in raiding bin Laden’s house without consultation with the Pakistani government.