Friday, November 20, 2009

Indian Issues: All Aboard the Federal Train

03/13/2009

roller coaster by Illka Halso Ilkka Halso Roller Coaster: an art installation by IIlkka Halso of Finland

The federal roller coaster ride continues for Indian Country. Good news is that in this administration American Indians are on the roller coaster, but it's still a scary ride, with no one sure which direction it's heading.

There have been “big doings,” as my mom would say, for American Indians in Washington D.C. this past month. The National Congress of American Indians held its annual executive council meeting there during a record snowstorm.  The council focused on legislative goals for the 111th Congress and the Obama administration.  Several members of the President’s cabinet showed up to address attendees, including Secretary of Energy Steven Chu, Secretary of Housing and Urban Development Shaun Donovan, Secretary of Homeland Security Janet Napolitano, Secretary of Agriculture Tom Vilsack, Environmental Protection Agency’s Lisa Jackson, White House Director of Intergovernmental Affairs Cecilia Munoz and Secretary of the Interior Ken Salazar.

proposed mass casino Steve Senne, for AP The Mashpee Wampanoag tribe hoped to open a casino in Middleborough, Massachusetts, but a recent Supreme Court decision may scuttle those plans. Secretary Salazar promised support to tribes in developing greener energy resources, improving education and public safety. His statement that he was “troubled” by the recent Supreme Court decision Carcieri v. Salazar piqued the hopes of several gaming groups. The decision found that the Interior Department doesn’t have the authority to take land into federal trust for Indian tribes that were recognized by the federal government after 1934.  The decision impacts several tribes hoping to build casinos on acquired trust land. Media reports, including a story from the Cape Cod Times,  indicate that at least 30 tribes have requested building off-reservation casinos as far as 1,000 miles from reservation land.

Tribal leaders also attended a Tribal Leaders Summit at the Senate Committee on Indian Affairs last week. During the four-hour meeting, leaders shared concerns about health care, public safety, transportation, economic development and land management. 

Later, the thrill ride continued as Secretary Salazar told the Associated Press that he hopes to resolve the 12-year-old Cobell trust lawsuit. (Cobell v. Norton is a class-action lawsuit filed on June 10, 1996, in U.S. District Court in Washington, D.C., to force the federal government to account for billions of dollars belonging to approximately 500,000 American Indians and their heirs, and held in trust since the late 19th century.) Salazar called the case "a blemish on the United States and the Department of Interior."

Salazar in early March J. David Ake, for AP Interior Secretary Ken Salazar discussed two federal lawsuits that will have major repercussions in Indian Country earlier this week. Lead plaintiff in the case, Eloise Cobell, however, kept the pressure on as she expressed frustration during a subsequent Associated Press interview. She called Salazar’s remarks “an insult to Indian people.” She added,  “If he were serious (about ending the suit)  the government would settle now.” Desire, alone, is not enough to settle the case according to Cobell who also noted that many of the Indian plaintiffs have died or are approaching the end of their lives.

The White House released a fact sheet Monday on Indian funding within the President’s proposed 2010 budget indicating that he is working to improve the quality of life for Native Americans by directing hundreds of millions of dollars in new resources to the Indian Health Services. The budget also includes more than $100 million in increased funding to the Bureau of Indian Affairs, as well as additional monies to the departments of Justice and Education to strengthen tribal judiciaries, law enforcement, colleges and schools. These proposed expenditures build on monies earmarked for Indian Country in the stimulus package.

On the weird side, President Obama has signed the controversial $410 billion fiscal year 2009 Omnibus Appropriations Act that contains several earmarks that benefit Indian Country. Many lawmakers have criticized the Act as containing too many “pork” projects as politicians jockey for support and votes in their home districts.  President Obama described the Act as “old business,” signing the bill in the conspicuous absence of photographers.  Under the Omnibus Bill, the Bureau of Indian Affairs would receive $2.1 billion and the Indian Health Service $3.6 billion – with $36 million for urban Indian, or off-reservation, health care. The bill boosts many programs that were cut or eliminated by the Bush administration.  Funds for suicide prevention programs, law enforcement, tribal colleges and health care are included in the earmarks. (The Omnibus Bill also funds the federal government itself; the current Continuing Resolution expired on March 6. )

Next stop on the ride is the Senate Indian Affairs Committee hearing on tribal priorities for  the 2010 budget.  The witness list includes Joe Garcia, president of the National Congress of American Indians;  Robert Cook, president of the National Indian Education Association; and Cheryl Parish, vice chair of the National American Indian Housing Council.

Jody Gillette, newly appointed Deputy Director of Intergovernmental Affairs and a member of the Standing Rock Sioux Tribe, assured the National Congress of American Indians at this month’s meeting that the Obama administration “will move ahead and get some work done.”

That’s what we’re all hoping for.

Comments

"We already paid"

Ms. Mary Ann:

Thanks for covering another controversial subject on Indian matters.  It has always been said in this Country “no one cares about Indian issues.”

During treaty making days when our Indian leaders signed them under duress to save their people from being killed under failed economic conditions, these treaties promised hope.  Sound familiar?  Then, for our lands and Indian-only future, we agreed to be removed from our homelands to places better than home so they promised.  The U.S. promised health, education, welfare and protection from intruders except from the federal government.  This is where our terrorism started.

The U.S. realized by forcing us from large homeland bases onto smaller reservations and 80-acre allotments would be a slow antagonizing death and they did it anyway.  These conditions left by federal footprints, outdated and ambiguous Indian laws causing political and public havoc instead of Indian independency is what Tribes and/or their casinos are now dealing with.

Indian Casinos.  We already paid for them with centuries of attacks of extermination causing generations of holocaust thereafter.  They replace and dump the failed federal governments responsibilities onto Tribes in lieu of their U.S. treaty promises.  Although I am grateful for the Casino profits we have opportunities to overturn our federal problems.  Conditions we endure today are not the “Indian problem” you read about but actually federal problems from their historically weak unprotected and failed federal programs of removal.

Our casino provides benefits to enrolled members and we support surrounding non-Indian organizations daily.  We don’t outsource our jobs to foreign countries and our job force does consist of non-Indians.  Depending on casino locations, it increases the residential and commercial business and that increases tax revenue. So states should not complain about losing taxes to lands placed into trust, they increase.  Our condition exists because we are Indian owners and cannot make business or campaign contributions to those elected officials in local jurisdictions.  We cannot participate in the “Pay-for-Play” elections game.  We are unable to bid for the Ebay elected officials up for grabs. That is why we need improved federal protection and the only competitive edge that we have.

The Senate Committee on Indian Affairs and National Congress for American Indians are organizations created because of these federal failures.  Their birth arrived shortly after the U.S. termination era of Indian tribes around 1950’s.  Again, I am grateful for them but their public hearings and success exposes continued mismanagement and corruption in federal agencies administering federal services to Indians.

What this article does not say is that our federal Indian laws are not updated to compete with current business competition.  With our recognized inherent tribal sovereignty, the U.S. should have taken their paternalistic attitude to automatically update these laws for our protection and theirs.  Instead, we engage in expensive and time-consuming political badgering and elected lip service to fix these problems.  In the meantime, racial business discrimination, Indian favoritism, business unfairness to non-Indians or why should they be above the law angers to public awareness.  Then to calm another Indian war, we are federally regulated and forced silently under State jurisdiction.

In Cobell v Salazar, court proof is provided that the U.S. would rather spend billions defending their historical mismanagement of our resources instead of aiding Indian business independency.  There are no political reward or campaign contributions for elected officials defending Indians. Because of federally inflicted attitudes placed upon Indians, they lose favor and votes for re-election. 

The federal budgets have probably been on a sliding scale since the Snyder Act of 1921.  So tribal community damage is consistent with federal appropriations.  If one was to really analyze the one-time stimulus funding its kind of a make-up call from previous administrations.  If this Country were not in the financial condition it is in, Indian Country probably would have not received this funding.

The stimulus funding will help fill gaps where the inadequate federal budgets have failed.  Annually, decreasing federal funds with termination efforts only increased the liability and damage on health, education and welfare in Indian country.

With the multi-billions that were taken from our own land and unaccounted for, the U.S. fiduciary Trust, Indian Treaty agreements and the federal trust responsibility along with tribal sovereignty instead of the “turn them into white farmers or exterminate them” attitude, we could have been a progressive and independent national business partner. 

The President, Congress, Courts and Tribes must all agree in a financial settlement of past damages and loss.  An all-inclusive Indian Trust Policy establishing the Nation-to-Nation relationship, adequate funding to repair the societal and economic damage.  Independency for each Tribe, depending on his or her own resources, to become a competitive partner in our Nations economy.  This is the business effort we should of had from the start and we would have seen that the U.S. was an honorable Nation in their treaties, not ours, with us.

U.S. citizens need to know the real story of what they did to us.

Thomas M. Wabnum

Prairie Band Potawatomi

Former Federal Programs Relocation survivor

Former Indian Boarding School survivor

Former Tribal Councilperson

U.S. Navy Viet Nam Veteran

BIA/OST retired