And now:Ish <[EMAIL PROTECTED]> writes: Date: Mon, 22 Mar 1999 14:21:25 -0800 From: Tom Schlosser <[EMAIL PROTECTED]> Organization: Morisset Schlosser Ayer & Jozwiak, 801 2nd Ave., Ste. 1115, Seattle, WA 98104, 206 386 5200, (206 386 7322 fax) To: Triballaw mailing list <[EMAIL PROTECTED]> Subject: Omnibus Act effects on Sioux reservations debated Content-Type: multipart/mixed; boundary="------------A5A26AE78DA65400D6D70A30" http://www.indiancountry.com:80/B402.html Treaty Council focus' on mitigation act By Karen L. Testerman and Jennifer Peterka Today Staff RAPID CITY, S.D. - Amid much finger pointing and the making of many excuses, hard-hitting issues were brought to the forefront as tribal leaders from across South Dakota unified as representatives of the Great Sioux Nation. Under the auspices of the Black Hills Sioux Nation Treaty Council and Oglala Sioux Tribe, members of Standing Rock, Crow Creek, Rosebud, Santee, Yankton, Flandreau, Cheyenne River and Lower Brule Sioux tribes gathered to discuss, debate and devise strategies to use the 1934 Indian Reorganization Act-government as a catalyst to enforce and protect treaty rights. The three-day meeting here, March 3, 4, and 5, was as a combined effort to safeguard treaty, land, water and mineral rights of the Great Sioux Nation. Although each issue on the agenda maintained importance, extra attention focused on the 1999 Omnibus Water Act or "Mitigation Act: Cheyenne River Sioux, Lower Brule Sioux and State of South Dakota Terrestrial Wildlife Habitat Act." Participants kept calling it the "Danklow Act" named after Sen. Tom Daschle, D-S.D., and Republican Gov. Bill Janklow, who wrote the bill. Discussion on the Omnibus Water Act occupied one full day on the treaty council floor, after which key tribal leaders continued the meeting behind closed doors the remaining two days. Strategic plans were discussed to seek a Congressional oversight hearing on the act, according to Frank "Popo" Means, OST Land Committee representative. "We're not divulging any information at this time," he said. Although a unified tribal front is evident, heated debates over various entities' involvement with the infamous act triggered numerous allegations. Among accusations was one from Eagle Hunter, a representative of the Cheyenne River Sioux Tribe, charging the Oglala Sioux Tribe of misleading the public by secretly including itself in the Omnibus Water Act while maintaining public opposition. OST Rural Water Director Gerald Clifford said Eagle Hunter referred to the easement and right-of-way land currently leased by the tribe for the Mni Wiconi Project. The land in question is approximately 160 acres at Echo Point, near Fort Pierre, at the projects intake and treatment plant. To clarify the matter, Clifford said the tribe had a 50-year lease agreement with the state - but when the 11th hour came and the passage of the bill was inevitable, former OST President John Yellow Bird Steele directed Clifford to contact the congressional committee before the bill was passed. Steele wanted to salvage as much as possible before the bill became law, he said, instead of a 50-year lease without a guarantee of renewal, the tribe requested the lease be made permanent, Clifford said. That's how the language was inserted in the bill. It was done to protect Mni Wiconi. The tribe doesn't own the land, but a permanent lease means the tribe will have the land forever. It also means the state, not the tribe, is liable for natural damages and restoration of the river bank. The committee wrote and supported the language despite opposition from Janklow and Daschle, he said. Lakota spiritual leader Charles Fast Horse asked a question regarding the mitigation act and said, OST President Harold Salway refused to let him speak, ripping the microphone out of his hands. "The meeting was not handled in a traditional manner. It is very upsetting. Our people also have ideas and want to give their input but are shown no respect or trust," Fast Horse said. The Dakota, Minnesota, Eastern Railroad proved an uncomfortable issue for many participants who don�t want the railroad on reservation lands. Impact on the environment was a primary concern. Knowledge that the railroad would come regardless of what the tribes said, prompted leaders to pass a resolution. It requires the federal government to allow tribes and tribal landowners to participate in any and all negotiations and discussions concerning the railroad. OST Gray Eagle member Elaine Quiver said landowners should be included in the process and allowed to voice their opinions and concerns to the government. "We're not going to have a railroad track laid on our land unless we are paid equally to that of the United States government." The Gray Eagle Society has agreed to consultation over environmental impact, she said. DME Tribal Liaison Clair Greene will help the Gray Eagles with the environmental impact statement. Concerns about Janklow's recently acquired authority over eminent domain regarding the railroad prompted the Gray Eagles to pass a resolution that requests the governor to honor treaty rights and responsibilities and respect the Great Sioux Nation boundaries. "He can't do this (take land for the railroad) because of the treaty," she said. "The land within the Great Sioux Nation boundary includes tribal mineral rights according to the1868 treaty. We need to stress our boundary, what little we have left, and protect it for our future children. "We swore to uphold, protect and enforce the treaties, cultural property and cultural rights when we organized the Gray Eagle Society. We are doing this for the future generations." John Twiss Black Hills National Forest Supervisor spoke to the group about improving the relationship with the forest service and tribes, repatriation, tipi poles, gathering medicinal plants in the forest and the Hot Shot Fire Crew. He introduced Dave McKee as the new Native American coordinator for the forest. Tribes expressed their unhappiness about the Black Hills National Forest plan and feel their input went unheard. The plan is under appeal by the tribes in Washington D.C. However, Twiss said he has been authorized to implement the plan and go forward. Twiss promised that with the new Native American coordinator, "every project the forest does, tribes will be involved in." That coordinator position has been open for the last three years. Ron Kirke, representing the Crow Creek tribe, was upset that McKee is not an American Indian. "The forest has been more interested in the rancher than the Native American in the past," said Fremont Fallis of the Rosebud Sioux Tribe. Area rancher Marvin Kammerer agreed saying, "The forest service has ignored the Native Americans for the last three years." He urged Twiss to respect the culture of area tribes and to "be careful how you judge other cultures." Students from Sinte Gleska University were able to secure treaty council support against the controversial Hog farm being built in Mellette County on Rosebud Sioux Tribal trust land. It's expected to be the second largest pork facility in the country. According to the resolution, the Hog farm violates traditional and cultural proponents, aside from having a negative impact against the environment. Some who attended the meeting were upset that the meeting was not an open forum. � 1999 Indian Country Today &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ &&&&&&&&&&&&&&&&&&&&&&&&&&
