Challenging Indian Land Trusts

Challenging Indian Land Trusts
    By Michelle Chen
    In These Times

    Monday 18 February 2008

    Across Indian country, two things are never in short supply: rich natural resources and endemic poverty. That paradox is driving a longstanding battle between indigenous people and the government trust that holds money generated from their lands.

    The class-action lawsuit, Cobell v. Kempthorne, targets a federal trust fund that handles revenues from activities like oil drilling and logging on land owned by individual Indians and tribes. The trust's financial operations-covering more than 56 million acres and dating back for more than a century-have left a spectacularly messy paper trail. Many beneficiaries say they are in the dark about how much has been paid out and what is still owed, and charge that the system has drained wealth from Indian communities.

    "We know that the government collected our money, but it hasn't been paid to us as individual Indian beneficiaries," says Elouise Cobell, a Blackfeet Nation member who initiated the suit in 1996 on behalf of several hundred thousand account holders.

    The battle is finally drawing to a close. On Jan. 30, U.S. District Judge James Robertson ruled that the trust's finances are beyond salvaging. Calling for a settlement, he denounced the Interior Department's "unrepaired, and irreparable, breach of its fiduciary duty over the last century."

    The decision builds on a 1999 ruling that ordered a management overhaul and a complete accounting-to comply with the trust's orignal mandate and federal reforms enacted in 1994. As In These Times went to press, the Interior had not issued a formal legal response to the decision.

    The department has spent years retooling its accounting systems, but various court reviews found the trust in chronic disarray. Not only are financial records inaccurate or missing, critics say, but many landowners have little information on their lands and lease activities, or even the value of their assets, aside from sporadic checks issued by the government.

    The system disbursed about $300 million to individuals and $500 million to tribes last fiscal year, and holds hundreds of millions in individual-account funds.

    Whatever the exact amount that has been unpaid, Cobell says, evidence of a swindle is strewn across Blackfeet territory. Though the earth is replete with oil, timber and other resources, she says, "there is poverty all over the place."

    Around the turn of the 20th century, the government established the trust system to manage lands on behalf of Indians, based on the presumption that natives lacked the competency to control their resources. Today, the government says the trust functions primarily as an institutional conduit for land-based revenues, produced under agreements between landowners and business interests.

    But the trust looks different from Jay Dusty Bull's spread, which spans about 8,500 acres near Browning, Mont. To the 23-year-old Blackfeet member, his family's grazing leases provide a financial boost but hardly compensate for the theft his ancestors suffered.

    "A hundred years ago, were our Indians - who didn't speak English, who couldn't read or write - given that same opportunity?" he says. "No. 'Sign an X here. Here's $40.' Billions of dollars could have been taken off of our land a hundred years ago, and we don't know."

    Defending its ongoing accounting work, the Interior argued that a "statistical sampling" of records for several thousand transactions had uncovered only a small percentage of errors, and that "additional work would neither produce a better result nor be cost effective."

    But official probes haven't be so reassuring. In 2002, U.S. District Judge Royce Lamberth held then-Secretary Gale Norton in contempt for failing to initiate the historical accounting process years after Congress had mandated it. The Interior Department, he wrote, had "indisputably proven ... it is either unwilling or unable to administer [the trust] competently."

    Court-appointed Special Master Alan Balaran reported similarly dismal findings. Inspecting a Dallas branch of the Minerals Management Office in 2003, he noted the "chaotic" disorganization of financial documents, along with the "unexplained presence of an industrial shredder" - before office staff forced him to leave.

    Outside the courtroom, advocates have pressed Congress for legislation to completely overhaul the trust's management and accounting systems. For many landowners, balancing the government's books would be one small, overdue counterweight against a legacy of injustice.

    "We need to have a much fairer process," Dusty Bull says. "[We need to] make sure that our children, our grandchildren, our generations to come, do not have to go through the same process."

  -------

Why is Dog not dogged for insulting Natives?

TV bounty hunter Duane `Dog' Chapman apologizes for using racial slur in phone call - AOL News

 

Our country remains with the American Native at the bottom of the list, worthy of insults with no fluff.  Either way, I have turned it over to the grandmothers and grandfathers and they have dealt with him as they see fit.

 

TV bounty hunter Duane `Dog' Chapman apologizes for using racial slur in phone call

By JAYMES SONG,

AP

Posted: 2007-11-01 13:27:35

HONOLULU (AP) - Television bounty hunter Duane "Dog" Chapman has apologized for repeatedly using a racial slur in a profanity-laced tirade during a private phone conversation with his son that was recorded and posted online.

Chapman, star of A&E's hit reality series "Dog the Bounty Hunter," issued a statement Wednesday apologizing for the comments after The National Enquirer posted a clip of the conversation in which he uses the word "n----r" in reference to his son's girlfriend. The word is frequently referred to as the "N-word" because of its painful history as a racist epithet associated with slavery in America.

"We take this matter very seriously," A&E spokesman Michael Feeney said in a statement Thursday. "Pending an investigation, we have suspended production on the series. When the inquiry is concluded, we will take appropriate action."

The recording was first posted online by the Enquirer. It was unclear who recorded the conversation or how the tabloid obtained the 1 1/2-minute clip in which Chapman uses the slur six times.

"There's no problem with how the tape was obtained and Dog has acknowledged its authenticity, and admitted to using the racist language," said David Perel, the Enquirer's editor-in-chief.

In the conversation, Chapman urges his son, Tucker, to break up with his girlfriend. He also expresses concern about the girlfriend going public about the TV star's use of the word.

In the clip, Chapman also stated he does not care that his son's girlfriend is black.

In a statement, the 54-year-old Chapman said he has "utmost respect and aloha for black people who have suffered so much due to racial discrimination and acts of hatred.

"I did not mean to add yet another slap in the face to an entire race of people who have brought so many gifts to this world," he said. "I am ashamed of myself and I pledge to do whatever I can to repair this damage I have caused."

Chapman said, "My sincerest, heartfelt apologies go out to every person I have offended for my regrettable use of very inappropriate language. I am deeply disappointed in myself for speaking out of anger to my son and using such a hateful term in a private phone conversation."

Chapman said the clip was completely taken out of context.

"I was disappointed in his choice of a friend, not due to her race, but her character," he said. "However, I should have never used that term."

Chapman said he is meeting with his spiritual adviser, Rev. Tim Storey, who is black, and hopes to meet with other black leaders, "so they can see who I really am and teach me the right thing to do to make things right, again."

Civil-rights activist Rev. Al Sharpton is among the leaders Chapman contacted. In a letter Thursday to the bounty hunter, Sharpton wrote that as a minister, he would be inclined to meet "despite the racist and grotesque things I heard you say."

"Be assured that I will not sanitize the kind of hate language that leads to the hate action that has left so many people vulnerable in America today," Sharpton wrote.

Chapman's show was in its fifth season and is one of A&E's top-rated programs. The series follows Chapman and his tattooed crew as they track down bail jumpers in Hawaii and other states.

The Honolulu-based bounty hunter first grabbed headlines for apprehending serial rapist and Max Factor heir Andrew Luster in Mexico in 2003.

On the Net:

A&E:

http://www.aetv.com/

Copyright 2007 The Associated Press. The information contained in the AP news report may not be published, broadcast, rewritten or otherwise distributed without the prior written authority of The Associated Press. Active hyperlinks have been inserted by AOL.

11/01/07 13:26 EDT

Dog was a bounty hunter, now we are hunting him

To all my sisters, brothers, fathers and mothers, to all my grandmothers and grandfathers here to be and those who were, I lay this outrage before you as I have copied from my sisters site "Native American Moments" and ask that the Great Spirit and Mother Earth let this man now reap what he has so foolishly sownd

To the Spirits of the East, I honor you. To the spirits of the North, I honor you. To the spirits of the south I honor you. And to the spirits of the west, I honor you and ask that the sun may not set and the full moon rise and pass again that Dogs transgressions be avenged in your own way, in your own time.

To Father Sky and Mother Earth I honor you and to the wind that bnrings the breath of life or the winds of destruction, and to the water springs that bring the force of all life, I give this man and his transgressions to you.

NEWS ON DOG THE BOUNTY HUNTER

Don’t know if any of you are fans if this side walk commando Duane “Dog the Bounty Hunter” Chapman. I’m not since I already know too much about this puke from Denver as it is. Being a former bail bondsman and did my share of “collecting” in my day, I found his show quite annoying to say the least.

Imagine walking into a church and pissing on the Holy Cross thendisrespecting the preacher in front of his parish. Well that’s liken to what he did at a Pow Wow in Hawaii. I am making sure everyone has a chance to read this accounting of his lack luster performance in front of hundreds of Natives in Hawaii. And I will bet he thinks this would not get off the island. Well, power to the internet since I have the story here. And since I do not believe in re-inventing the wheel I am re-printing this story in it’s entirety and giving credit to the author who originally broke this story. So now he's also a low life creep. Course I always thought he was anyway.

The only suggestion I would offer those who are as enraged about this punk of a person is to hit him in his pocket book. Contact A&E, the station his lame and foolish show airs. Let him know his ego cost him his job. To boycott or cast a negative light on anyone who airs his smack may cause the ones who sign his check to throw him in the rubbish where he belongs. Protest any sponsors who advertise when his show airs. Let them know this conduct is not acceptable and will not be tolerated by Native and non Native people here in the US and where else his stupid show airs. Hit Duane “Puppy” Chapman in his wallet.

From: WEST WIND DANCER
Date: Oct 28, 2007 12:18 PM


Duane Chapman, aka "Dog the Bounty Hunter", recently made atestosterone-induced appearance at the Hawaii Pow Wow. He spoke highly  of his career, and mentioned his native ancestry. However, in the end, his actions brought shame to the sacred drum and anger to hundreds of local elders.

Red Warrior, a southern drummer, who hails from San Diego, was singing a song in honor for all Code Talkers (Native American War Veterans and non-native veterans whom were honored by the military, in WWII) Then "The Dog's" youngest son picked up a drum stick and began uncontrollably beating the drum next to Red Warrior. The remainder of the honor-song was interrupted by the teen celebrity's mock drumming.

At the conclusion of the performance, Red Warrior asked "Whose kid was interrupting the song?" The Dog replied, "You don't talk to the boy, you talk to the man!...I am the Dog. Do you want a piece of the Dog?"

Shocked and appalled at the bounty hunters disrespect, the drummers looked at each other in disbelief. "The Dog" began to call on the drum's veteran singers to stand up and challenge him. Dog became furious and began to swear at the drummers. "Do you want some of the Dog?"

A drummer placed his drumstick onto the drum, approached The Dog and said "Yes, I will have a piece of the Dog,”

Outside of the arena, The Dog and the disgruntled drummer stood face to face. "Lets go to the side and take care of this like men.", as The Dog challenged the old indian

"No, we're going to take care of this in front of everybody. I'm not afraid of you." The veteran drummer spoke loud and clear.

The Dog persisted, "You're sitting with nothing but bitches here."

"How could you talk to your elders like that?"

The Dog barked, "As far as I'm concerned, they're nothing but pussies!"

The Dog walked off and challenged the drummer to "settle this like men."

The drummer replied, "We'll do this in front of everyone.". At which point Chapman’s harsh criticisms and vulgarities echoed throughout the parking lot.
The drummer was steadfast, "You're supposed to be a movie star, 'The Dog,' but you are nobody. You have brought shame to the drum."

Duane "The Dog" Chapman has disappointed and enraged the Native American community with his behavior, and insensitivity toward our fathers & grandfathers. Behavior of this type may be tolerable onTV shows but will not be tolerated at any Native American Pow Wow.

I hope you are as pissed as I am. It is bad enough there is little respect for Indigenous cultures world wide. This is a total out rage. Like I said, we should send a message to all advertisers and A&E letting them know, Dog has to go. And we the people have the power to alter his course in history and career. Don Imus paid the ultimate price for a similar transgression. So what’s good for the goose is good for the gander eh.

BOYCOT DOG, BOYCOT HIS SPONCERS, BOYCOT A&E



Your Devils Advocate
Buffalohair

Healing for the Military

I haven't posted anything in a long time due to time commitments and work, but this article was too good to not share.

 

from the September 13, 2007 edition - http://www.csmonitor.com/2007/0913/p20s01-usmi.html

Federal government taps ancient healing methods to treat native American soldiers The veterans administration teams up with medicine men to use sweat lodges and talking circles to deal with post-traumatic stress disorder.

By Jennifer Miller | Correspondent of The Christian Science Monitor

 

Rock Spring, N.M.

In a dusty lot on the Navajo reservation, a cleansing ceremony is about to take place. Women sit on rickety chairs outside a hogan, (a circular, squat Navajo home with a dirt floor). A line of parked cars sizzle in the Southwestern sun. Suddenly, a pack of horses rushes into view. They stop just short of the hogan, their hooves beating up a cloud of dust.

A man appears in the doorway – an unassuming figure, dressed in a work shirt, jeans, and cowboy boots. He is a medicine man who has spent decades learning ancient Navajo healing techniques. He waits for the lead rider – the patient – to dismount and then ushers him inside.

For the next hour, the spiritual leader, Alfred Gibson, conducts an "enemy way" ceremony, a form of Navajo therapy that cleanses physically and mentally ill individuals by forcing them to confront their pain.

The technique is increasingly being used across the American West to help native American soldiers deal with the traumas of war.

While healers on Indian reservations have always employed such methods, the government offers most returning native American soldiers standard Western psychological counseling and medical help. Now, however, native American leaders and the Department of Veterans Affairs are teaming up to use both approaches in hopes of better serving the needs of Indian soldiers.

Mr. Gibson, for one, works during the week as a counselor at the Na'nizhoozhi Rehabilitation Center, a treatment facility in Gallup, N.M., run by tribal entities and the local county government. To help patients battle addiction and psychological trauma, Na'nizhoozhi often pairs psychotherapy and medication with sweat lodge ceremonies and drumming sessions. But the goal, Gibson says, is always to "do away with the medication – to help patients learn the traditional ways of healing."

Similarly, Veterans Affairs hospitals throughout New Mexico now run special programs for native American vets that include talking circles, sweat lodge ceremonies, and gourd dances. "We have to allow native Americans the opportunity to explore the culture that has been damaged, if not taken away," says Dr. James Gillies, a psychologist in the post-traumatic stress disorder (PTSD) clinic at the VA Medical Center in Albuquerque, N.M. "To be a soul doctor is to embrace the souls of the people you work with."

• • •

Native American vets have a real need for this kind of attention. Tribal members join the military at higher per capita rates than almost any other minority group. They also tend to suffer disproportionately from the effects of war – as evidenced in high drug-abuse and suicide rates among returning soldiers. Studies have shown that native Americans who served in Vietnam were far more likely to struggle with PTSD than white soldiers.

Counselors and tribal leaders believe a more "holistic" approach to treating the problem – combining traditional and modern methods – should help a new generation of soldiers now returning from Iraq.

"The 'enemy way' ceremony rejuvenates them," says Gibson. "The songs, prayers, drumming, and herbs we use cleanse the body from the effects of war."

The morning after the ceremony, Gibson and I sit on a sagging couch in the empty hogan. I ask if he believes one healing ceremony can provide a long-term release from the psychological imprint of combat. Gibson says that a series of ceremonies are often required, each addressing a different aspect of the patient's illness. "And it depends on the individual," he says. "It's just like a person who's addicted to alcohol. If he wants to get help, he will get better. But if he's two ways about it, it won't help him."

Dr. Gillies sees the benefits of marrying both approaches. He says modern Western therapy teaches vets "how to think about trauma" in a systematic and linear fashion. The basic treatment asks combat veterans to talk about their painful experiences in war. "We ask them to slow [the experience] down," Gillies says. "To approach it again and again." Each time, the memory is supposed to be a little less painful.

The concept is similar to that behind the "enemy way" ceremony, but it lacks the cultural and spiritual foundation that forms the basis of Gibson's work. After working on the Acoma Pueblo reservation outside Albuquerque, Gillies began to see that the Indian veteran population responded to this added cultural component. They are dealing with what he calls "intergenerational trauma": The struggles they've faced as native Americans often compound the effects of their PTSD.

With its lamps and bookshelves, Gillies's office feels like a small study. The young-looking doctor has the kind of relaxed demeanor that puts his patients at ease. While traditional psychotherapy and medication have their place, he says, you also have to work "within the mythology, the ritual" of the people you're dealing with.

Twice a month, Gillies moderates a talking circle made up of mostly Vietnam-era native American vets. The meeting has no formal structure, and participants say there is less interruption than during normal group therapy sessions.

Gregory Gomez, an Apache Indian who served with the Marine Corps in Vietnam, participates in the talking group. He says it helps him be "a little more rested, a little stronger to deal with the outside society."

Mr. Gomez, a large, expressive man with a gray ponytail and a single red feather earring, has a degree in social work and is well versed in Western forms of therapy. He also participates in the VA's standard PTSD program and meets with Gillies for individual counseling. But the talking circle addresses what he calls his "Indian world-view." "We're dealing with our spiritual needs," he says. "In other groups, there's a void."

Gomez doesn't have an easy definition for what spirituality is. As he puts it: "It's 24/7, a way of life. It's not a religion, but [the notion that] we don't own anything in this world. Our job is to help Mother Earth."

• • •

The sweat lodge is another cleansing tool centered around the connection to Mother Earth. Gillies and his native American patients convinced the VA medical center in Albuquerque to build one on a sandy plot behind the PTSD clinic.

"It's a place for cleansing our soul," says Ambrose Willie, a reed-thin man who served with the Army in Vietnam. Mr. Willie surveys the construction site, scrutinizing a series of prairie dog holes. In his barely audible voice, he wonders how to remove the rodents. Ultimately, he decides that prairie dogs and humans can cohabitate. The sweat lodge "teaches us to live in harmony with our surroundings," he says.

Willie explains that the main elements of the sweat lodge – fire, water, and stone – represent the basic elements of nature. He and Gomez have long anticipated the lodge's completion. They believe it can bring them one step closer to mental stability. "When we leave the doorway," Willie says, "our mind, body, and spirit are one."

Up in Window Rock, Ariz., 170 miles north, Gibson holds a similar view. "When soldiers go overseas, we give them warrior ceremonies to armor and protect them against the battle," says the medicine man. "When the soldier comes back, we have to remove that armor, to help him reconnect with his home."

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