Land

March 03, 2014
By:
Gabriel S. Galanda

The U.S. Department of the Interior’s Indian Land Buy Back Program has been lauded as the “hallmark” of the $3.4 billion Cobell v. Salazar settlement. As the Buy Back Program now lifts off in hurried fashion at Makah and Pine Ridge, the program dishonors both the letter and spirit of Cobell.

Cobell settled more than 500,000 tribal members’ trust land and asset mismanagement claims, dating back to the 1890s. Not tribal government claims; tribal member claims. Now, $1.9 billion in tribal member settlement monies has been allocated to help tribes “buy back” those members’ allotted or restricted fee lands. In practice, these “buy backs” are accomplished through the forced sale of tribal members’ ancestral lands. Injustice to individual Cobell class members aside, assuming that financially supporting a tribe will benefit that tribe’s members, one would hope that the buy-back wealth would be spread throughout Indian Country. After all, those 500,000 members of the Cobell class surely represent the vast majority of the 566 federally recognized tribes.

But it has recently come to light that Interior has limited the lion’s share of the $1.9 billion in buy back funding to only 40 tribes. Interior’s outside appraisers recently let it slip that “the program will exclude reservations east of the Mississippi and in Alaska.” Interior was quick to retract that statement, but the genie was already out of the bottle. If that were not bad enough, other swaths of Indian Country with large Indian populations west of the Mississippi, like all of California Indian country (save the Washoe Tribe, which is headquartered in Nevada), are excluded from the program.

Cobell, for better or worse, was fought for all of Indian Country, not just 40 tribes. For the sake of the 500,000-plus Cobell class members whose land and related claims were extinguished for eternity, tribal communities west of the Mississippi, in Alaska and California, and elsewhere, all deserve to share in the Buy Back wealth.

The fact is that the Buy Back Program and its goal to consolidate fractionated Indian lands have little to do with what is right or fair. The program is not really about affording “benefits of those lands for the tribes and their members” as Interior Deputy Secretary David Hayes once professed; or “expand[ing] tribal economic development opportunities across Indian Country” as Assistant Secretary Kevin Washburn said more recently. The program is designed to serve the best interests of the United States; to resolve “enormous administrative difficulties for the government” – and related liability – caused by fractionation. 
Cobell v. Salazar, 573 F.3d 808 (D.C. Cir. 2009). To feign otherwise is dishonest.

As to the letter of the law that is Cobell, the Buy Back Program fares no better. In 2004, the U.S. District Court for the District Court of Columbia in Cobell v. Norton, affirmed that “Interior may acquire land from individual Indian owners to consolidate fractional ownership interests and thereby ‘lessen the number of owners.’” 225 F.R.D. 41 (D.D.C. 2004). However, the court went on to hold that the United States’ trust-fiduciary responsibility requires that the “individual Indian owner of trust lands . . . give truly informed consent to the sale of trust corpus” before any sale is approved by Interior.

The Cobell court made clear that any such sale requires clear “communication between individual Indian trust-land owners and agents of Interior” and that “trust beneficiaries ought not have to make the decision to sell trust assets without access to all the relevant information,” including answers to any questions or concerns they may have. More generally, legal scholar Derek Haskew explains that the United States’ fiduciary duties to tribal member landowners includes consultation, which “can roughly be understood as communication by Indian beneficiaries of their desires to the federal trustees who make ultimate determinations about what happens with the lands Indians occupy.” 24 AM. IND. L. REV. 21 (2000).

March 02, 2014
By:
Christine Smith McFarlane

This slogan has stirred up a lot of controversy and one of the creators of this slogan, Jeff Menard, has been featured in the news several times because of the reactions it has received from mainstream society. But first, little background on what happened.

In mid-January 2014, 13-year-old Tenelle Starr, a First Nations student in Saskatchewan, was told not to wear the “Got Land? Thank An Indian” hoodie to school after some parents, students and school officials took offense.

Starr, a member of the nearby Star Blanket First Nation, goes to school in Balcarres about 90 kilometers northeast of Regina. “ I wear it proudly around the school,” she told CBC News, even though some students told her the message was “cheeky” and “rude."

RELATED: 'Got Land?': Hoodie Orders Flood in After School Controversy

The controversy was eventually resolved through meetings between the school and Star Blanket First Nations’ leaders, leading to greater understanding and acceptance about Star’s sweatshirt, and its message. I still find the whole situation infuriating on so many levels.

The first issue is the right to have the fundamental freedom to express oneself. According to Section 2 of the Canadian Charter of Rights and Freedoms, there fundamental freedoms we Canadian citizens are allowed, including: freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly, and lastly, freedom of association.

I believe that all Canadian citizens should have freedom of expression in a manner that is conducive to invoking discussion and proactive action. I don’t condone harmful words, but that’s another story. The key question I have is why was mainstream society so troubled by a 13-year-old girl wearing a hoodie? The slogan on her hoodie is not the only slogan on other merchandise that can be seen as “cheeky.” Just conjure up the infamous image of Geronimo on the T-shirts labeled “ Homeland Security, Fighting Terrorism since 1492.” No one has been getting up in arms over that slogan.

RELATED: 'Got Land?': From T-Shirts to Teach-Ins, Idle No More Calls for Day of Action

I find it most disturbing that the fiasco was created by the actions of Vancouver-based Michelle Tittler, 59, who runs End Race Based Laws (ERBL) that was created a year ago in reaction to the Idle No More Movement. Tittler had the nerve to go on a 13-year-old girl’s Facebook page and leave such harassing posts that the girl’s parents felt the need to shut down her account in order to protect her.

According to CBC, Tittler is known for aggressive online trolling, and for posting inflammatory comments about Aboriginal issues and people that led to at least two police probes.

An ongoing investigation of this woman found that Tittler has a history of harassing people. “In 2006, a criminal court judge in B.C. granted a peace bond against Tittler after a neighbor complained of harassment,” according to the CBC. Yet this hasn’t deterred Tittler from harassing people through BRBL, a not-for-profit organization.

ERBL’s Facebook page has 3,330 likes and Tittler told the CBC that “she is unemployed and spends most of her time online denouncing Aboriginal treaties, posting rants on YouTube, and engaging in caustic debates with vocal critics.”

February 03, 2014
By:
Jay Daniels

The Cobell settlement, approved on November 24, 2011, provides for a $1.9 billion Trust Land Consolidation Fund (Fund). The Settlement charges the U.S.

January 08, 2014
By:
Walter Lamar

Despite delays, shutdowns, underfunding and bureaucratic tangles, the bipartisan Indian Law and Order Commission has spent the past several years steadily gathering data on how to fix the dire public safety crisis that plagues tribal lands.

December 24, 2013
By:
Richard Pombo

On December 17, the Poarch Band of Creek Indians celebrated the grand re-opening of its Wind Creek Casino in Wetumpka, Alabama. Normally, I would share the excitement of the Poarch over their new facility. As the former Chairman of the Resources Committee in the U.S.

December 12, 2013
By:
Jay Daniels

This is report card on the manner in which the Bureau of Indian Affairs have managed the Cobell settlement since it was approved in November 2011. Case in point, the second round of the Cobell payments were scheduled for August or September 2013.

November 08, 2013
By:
Ryan Seelau & Ian Record

In the first part of this two-part series, we provided a short history of the upcoming U.S. Supreme Court case State of Michigan v.

November 05, 2013
By:
Ryan Seelau & Ian Record

This column is part one of a two-part series.

September 23, 2013
By:
Gabriel S. Galanda

Beware of the federal task force. While a combined law enforcement entity might make sense in combatting crime in non-tribal communities, the federal task force is a Trojan Horse when it enters Indian country.

August 24, 2013
By:
Steven Newcomb

On August 9, a Haudenosaunee delegation commemorated the 400th year of the Two Row Wampum.

August 19, 2013
By:
Kevin K. Washburn

Late last year, the Department of the Interior was given the green light to work with Indian country to purchase fractionated trust lands or restricted interests from willing sellers at fair market value.

August 14, 2013
By:
Jay Daniels

The Cobell Settlement, approved on November 24, 2012, provides for a $1.9 billion Trust Land Consolidation Fund (Fund). The Settlement charges the U.S.

May 28, 2013
By:
Jay Daniels

Indian country has suffered for the past three years because the "Montana Mafia" has controlled the Bureau of Indian Affairs (BIA). They have controlled the course of the BIA without regard for the entirety of Indian country.

May 22, 2013
By:
Chief Sidney Hill

Greetings  from the Chiefs, Clanmothers, Faithkeepers, and people of the Haudenosaunee Six Nations Confederacy, People of the Longhouse.

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