And now:Ish <[EMAIL PROTECTED]> writes:

X-Originating-IP: [206.176.28.75]
From: "Robert Quiver" <[EMAIL PROTECTED]>
Subject: Fwd: Omnibus Act effects on Sioux reservations debated


>From: Tom Schlosser <[EMAIL PROTECTED]>
>Reply-To: [EMAIL PROTECTED]
>To: Triballaw mailing list <[EMAIL PROTECTED]>
>Subject: Omnibus Act effects on Sioux reservations debated
>Date: Mon, 22 Mar 1999 14:21:25 -0800
>
>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

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          Tsonkwadiyonrat (We are ONE Spirit)
                     Unenh onhwa' Awayaton
                  http://www.tdi.net/ishgooda/       
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