treaty rights

NCAI Webinar on Sequestration

Matthew L.M. Fletcher
NCAI WEBINAR | Protecting the Trust Responsibility from Sequester and Budget Cuts
 
What:  Webinar–Strategies for Sharing Sequester Impacts and Protecting Trust and 
           Treaty Obligations
When: September 4, 2013, 2-3 pm Eastern
 
NCAI will host a webinar in preparation for Tribal Unity Days on September 11-12 and a Native American Caucus Hill briefing on sequestration scheduled for September 19, 2013. Sequestration and projected further cuts undermine American Indian treaty rights and tribes need the attention and help of Congress to fix the situation.  This webinar will share where we are in the budget and appropriations process, strategy for protecting tribal programs, and tips for sharing our stories with decision-makers.
 
Presenters: Lacey Horn, Treasurer, Cherokee Nation and Amber Ebarb, National 
                 Congress of American Indians
 
 
NCAI Contact Information: Amber Ebarb, Budget & Policy Analyst – aebarb@ncai.org

News Coverage of Yakama-DOJ-FBI Agreement

Matthew L.M. Fletcher

Here.

Yakama Nation Reaches Settlement with DOJ/FBI re: 2011 Reservation Raid

Matthew L.M. Fletcher

YAKAMA NATION STRIKES HISTORIC AGREEMENT WITH DOJ, FBI TO SETTLE LITIGATION OVER 2011 RESERVATION RAID (FBI RECITALS AGREEMENT PRESS RELEASE PDF)

FBI AGREES TO COMMUNICATE WITH YAKAMA POLICE BEFORE ENTERING YAKAMA INDIAN COUNTRY

Toppenish, WA– The Confederated Tribes and Bands of the Yakama Nation have reached an unprecedented, out-of-court settlement with the United States Department of Justice (DOJ), principally the Federal Bureau of Investigation (FBI). 

The settlement fully and finally resolves Yakama’s lawsuit against the FBI and several of its sister law enforcement agencies, as well as various county and municipal police agencies from Washington State, Mississippi and Virginia.  That suit arose from a federal task force raid of Yakama Reservation trust lands that commenced at dawn on February 16, 2011.  Upon reported word of the settlement on August 15, 2013, U.S. District Court Judge Rosanna Peterson closed the case.

“Today is historic.  The United States has agreed to honor the law enforcement protocols set forth in the Yakama Treaty of 1855.  That is unprecedented.” said Yakama Nation Tribal Council Chairman and former police chief Harry Smiskin.  “From today forward the FBI will communicate with Tribal Police before they enter Yakama Indian Country.  I am confident that the resulting cooperation between federal and tribal cops will greatly improve public safety throughout our territories.”

Through Article II of the Yakama Treaty of 1855, the Yakama Reservation was set apart for the exclusive use and benefit of the Yakama Nation.  To that end, the Yakama Treaty makes clear that no “white man” shall be permitted to reside upon Yakama Indian Country without permission from the Yakama Nation.  Federal Treaty negotiators explained to the Yakama that Article II meant that no one – not even United States agents, with the lone exception of today’s Bureau of Indian Affairs agents – would be permitted to step onto Yakama Reservation lands without the Yakamas’ consent.   

Also, in Article VIII of the Yakama Treaty, the United States and Yakama Nation set forth a process for delivering Yakama criminals or suspects who are in Yakama Indian Country to federal authorities.  Federal Treaty negotiators also explained to the Yakama that Article VIII meant there would be a consultation process between the Head Chief or all of the Yakama Chiefs, and the United States, relative to any Yakama alleged to have committed a wrong, before they might be delivered up to federal authorities. 

The settlement agreement between Yakama and DOJ is called, “Recitals of Joint Law Enforcement Goals.”  It recites that:

  Continue reading →

Today is International Day of the World’s Indigenous Peoples

Victoria Sweet2 Comments

“We must ensure the participation of indigenous peoples – women and men – in decision-making at all levels. This includes discussions on accelerating action towards achieving theMillennium Development Goals and defining the post-2015 development agenda. ”

Secretary-General Ban Ki-moon

Link to the UN announcement and New York events here.

Article from NNN with James Anaya speaking about broken treaties here.

In honor of the day, Cultural Survival, First Peoples Worldwide, and International Indian Treaty Council (IITC)  are coming together for an online panel discussion to talk about Free, Prior, and Informed Consent (FPIC) from 11:00 AM to 1:00 PM EST. To be a part of it register here.

Federal Court Issues Decision in Challenge to Suquamish Usual and Accustomed Fishing Areas

Matthew L.M. Fletcher1 Comment

Here are the materials in United States v. Washington subproceeding 05-4 (W.D. Wash.):

193 Swinomish Motion for Partial Summary J

195 Suquamish Motion

199 Tulalip Motion

Subp 05-4 Dkt 242 Order Suquamish-1

Materials on subproceeding 05-3 are here.

LCO Treaty Rights Camp Update

Matthew L.M. Fletcher

Iron County is going to postpone its prosecution of treaty rights campers, article here. An excerpt:

People at the Lac Courte Orielles harvest camp in northern Wisconsin will not face eviction any time soon as Iron County Board members decided Tuesday night to postpone any directives to its district attorney to seek civil and criminal charges.

The board referred the matter to the county forestry committee, the group that originally approved a year-long stay for the camp. It next meets Aug. 13.

The Lac Courte Orielles Band of Lake Superior Chippewa camp of two dozen wigwams sits near the area where Gogebic Taconite is exploring a proposed mine site. Clashes in the past few months with mining officials and those opposed to the practice have elevated the public knowledge of the camp. The band is using the camp to highlight the natural resources it says are at risk due to the proposed mining.

Briefs in Keweenaw Bay Indian Community Member’s Treaty Rights Claim

Matthew L.M. Fletcher2 Comments

Here are the briefs in Turunen v. Creagh (W.D. Mich.):

Turunen Opposition to MTD

Michigan Motion to Dismiss Amended Complaint

Turunen Opposition

Michigan Reply

Amended complaint here.

Coverage of Final Day of Wisconsin Chippewa Tribes Night Deer Hunting Trial

Adrea Korthase

Ruling is expected before November.

Wisconsin Public Radio story here.

Minneapolis Star Tribune story here.

Day one coverage is here and day two coverage is here.

Disturbing Events at Lac Courte Oreilles Treaty Rights Camp — Mining Co. Hires Paramilitary Security Firm to Push Off Anishinaabeg

Matthew L.M. Fletcher

News coverage from the Progressive and Wisconsin Public Radio.

From the Prog:

On Tuesday morning the Iron County Forest Committee voted unanimously to recommend that the Iron County Board pursue criminal and civil charges against the Lac Courte Oreilles Treaty Harvest and Education camp for violating county ordinances and provisions of state County Forest Law. The vote took place with no discussion after the committee emerged from closed session with their corporate counsel.

The decision comes two months after the same committee voted unanimously to approve a request by the Lac Courte Oreilles Band of Lake Superior Chippewa for a waiver to the county’s 14-day camping ordinance to allow the camp to remain established on Moore Park Road for one year.

From WPR:

MainGun
Credit Rob Ganson

An attorney who has been critical of mining company GTAC says the company might have committed a felony when it hired an unlicensed security firm to guard its test drills.

Hurley lawyer Anthony Stella had already asked the Iron County district attorney and state regulators to deny a license to Arizona-based Bulletproof Securities because the company’s paramilitary-style guards operated here without a license. In a new letter sent to the DA and the state, Stella cites another law that says anyone who employs armed people for the protection of persons or property, not being authorized by the laws of the state, is guilty of a felony.

Coverage of Day Two of Wisconsin Chippewa Tribes Night Deer Hunting Trial

Adrea Korthase1 Comment

Wisconsin Public Radio story is here.

Coverage of day one is here.