Native American Rights Fund Newsletter
Washington D.C.- A federal judge ruled on January 30th in favor of half-a-million Individual Indian Money account holders who argued the Department of Interior's accounting for their trust funds was totally insufficient. After 11 years of litigation in the courts and numerous Congressional hearings, in a 165-page decision, U.S. District Court for the District of Columbia Judge James Robertson declared that a historical accounting of the Indian trust is "impossible."
After a 10-day trial last October, Judge Robertson ruled in the Cobell v. Kempthorne case that the Interior Department is unable to perform an adequate accounting of the Individual Indian Money trust and that the government "has not" and "cannot" cure its breach of trust to hundreds of thousands of Indian beneficiaries who have never been told how much money they are owed for the use of their land. Judge Robertson called for a hearing in 30 days to begin discussions on a remedy. The hearing has now been scheduled for March 5, 2008.
The Cobell v. Kempthorne case was filed in 1996 by the Native American Rights Fund and private attorneys. It is brought on behalf of approximately 500,000 past and present individual Indian trust beneficiaries. The individual Indian money account holders (plaintiffs) seek a full accounting of their trust assets for the entire period that such assets have been held in trust since 1887. Trustees, without exception, have a fiduciary duty to provide accurate and complete statement of accounts to each beneficiary at regular intervals and a complete and accurate accounting upon demand. Yet, the United States has never provided an accounting to individual Indian trust beneficiaries. It has never provided beneficiaries accurate and complete statement of accounts. In addition, plaintiffs ask that the account balances be restated in accordance with the accounting. Finally, plaintiffs seek reform of the trust management and accounting system.
Currently, there are over 11 million acres of land held in trust for the IIM beneficiaries. More than $300 million dollars pass through the U.S. Treasury on behalf of Indians annually from oil and agricultural leases, mining and water rights, rights-of-way and timber sales, and are collected by the Interior Department for distribution to the rightful owners.
There's more here: http://narf.convio.net/site/MessageViewer?dlv_id=6042&em_id=2181.0&JServSessionIdr004=k00dp0vus1.app8b
Monday, February 18, 2008
Iowa high court says tribe can determine custody
Associated Press - Des Moines Register
The Iowa Supreme Court said Friday the custody of two children whose parents had been in jail may be transferred to the tribal court of the Sac and Fox Tribe.
The state held a hearing on March 1, 2007, to terminate the parental rights of the children on the basis of drug use and parental failure to supervise. The parents at the hearing requested the custody of the children transferred to Meskwaki Family Services, which oversees transfers for the Sac and Fox Tribe.
The paternal grandmother was a member of the Sac and Fox Tribe, making their father a descendant. Although his children are not eligible for direct tribal membership, they are considered children of the tribal community and therefore may be considered an Indian child under the Iowa Indian Child Welfare Act.
The state contested the transfer but the supreme court concluded it was in the best interest of the children, identified in court documents only as N.V. and P.V., to transfer their case to the tribal court. The court supported the move "so it can preserve the unique values of their tribal culture and assist the children in establishing relationships with their tribal community."
"The tribe's interest in the future of an Indian child is not only significant, it is also an interest the Legislature sought to vigorously protect," the court said.
The court said the Legislature made it clear that any objection to a tribal court transfer must be rejected if it is inconsistent with the intent of the Iowa Indian Child Welfare Act, which is designed to ensure children are "placed in homes that reflect the unique values of the child's tribal culture..."
"Because the State failed to provide a legal basis for the district court to deny the transfer of this case to the tribal court, we affirm the district court's transfer order," the court concluded.
The Iowa Supreme Court said Friday the custody of two children whose parents had been in jail may be transferred to the tribal court of the Sac and Fox Tribe.
The state held a hearing on March 1, 2007, to terminate the parental rights of the children on the basis of drug use and parental failure to supervise. The parents at the hearing requested the custody of the children transferred to Meskwaki Family Services, which oversees transfers for the Sac and Fox Tribe.
The paternal grandmother was a member of the Sac and Fox Tribe, making their father a descendant. Although his children are not eligible for direct tribal membership, they are considered children of the tribal community and therefore may be considered an Indian child under the Iowa Indian Child Welfare Act.
The state contested the transfer but the supreme court concluded it was in the best interest of the children, identified in court documents only as N.V. and P.V., to transfer their case to the tribal court. The court supported the move "so it can preserve the unique values of their tribal culture and assist the children in establishing relationships with their tribal community."
"The tribe's interest in the future of an Indian child is not only significant, it is also an interest the Legislature sought to vigorously protect," the court said.
The court said the Legislature made it clear that any objection to a tribal court transfer must be rejected if it is inconsistent with the intent of the Iowa Indian Child Welfare Act, which is designed to ensure children are "placed in homes that reflect the unique values of the child's tribal culture..."
"Because the State failed to provide a legal basis for the district court to deny the transfer of this case to the tribal court, we affirm the district court's transfer order," the court concluded.
Deciding the legacy of Sitting Bull
By: Sara Kincaid
When Sitting Bull’s name passes the lips of Ernie LaPointe, the words great-grandfather follow.
For many people, Sitting Bull is a famed Indian spiritual leader. His name is said in the same breath as George Custer and the Battle of Little Big Horn. But, the man depicted in movies and books is different from the man LaPointe’s mother told him about as a child.
“I kept quiet about this,” he said. “It was my mother’s wish not to brag about it.”
His mother is Angeline LaPointe, who is the daughter of Sitting Bull’s youngest daughter, Standing Holy.
But, Sitting Bull’s family tree has many branches. He had four wives and adopted his sister’s son. The family of his fourth wife and his adopted son make equal claim to Sitting Bull’s heritage.
Now the Smithsonian Institution decided this fall that the LaPointes are the only direct descendants when repatriating a pair of leggings and a lock of hair taken from Sitting Bull. While it seems to be an easy decision for the Smithsonian, based on blood relation, it is not such a clear distinction on the reservation.
Want to know more? Click here: http://www.bismarcktribune.com/articles/2007/11/18/news/topnews/doc4740501ceed53025680234.txt
When Sitting Bull’s name passes the lips of Ernie LaPointe, the words great-grandfather follow.
For many people, Sitting Bull is a famed Indian spiritual leader. His name is said in the same breath as George Custer and the Battle of Little Big Horn. But, the man depicted in movies and books is different from the man LaPointe’s mother told him about as a child.
“I kept quiet about this,” he said. “It was my mother’s wish not to brag about it.”
His mother is Angeline LaPointe, who is the daughter of Sitting Bull’s youngest daughter, Standing Holy.
But, Sitting Bull’s family tree has many branches. He had four wives and adopted his sister’s son. The family of his fourth wife and his adopted son make equal claim to Sitting Bull’s heritage.
Now the Smithsonian Institution decided this fall that the LaPointes are the only direct descendants when repatriating a pair of leggings and a lock of hair taken from Sitting Bull. While it seems to be an easy decision for the Smithsonian, based on blood relation, it is not such a clear distinction on the reservation.
Want to know more? Click here: http://www.bismarcktribune.com/articles/2007/11/18/news/topnews/doc4740501ceed53025680234.txt
A Young Voice of Experience
By: Jordan Dresser
LARAMIE, Wyo.—Trivia Afraid of Lightning has given herself the task of being a role model to younger minority students. That means never giving up at the university level and showing that obtaining a college degree is always possible.
"There is always somebody watching us and when we give up, they will give up," Afraid of Lighting said.
But that is something Afraid of Lightning, 30, hopes will never happen. She wants to speak to students and give speeches, like she did here at the University of Wyoming on Jan. 24. When she speaks, she hopes to keep the students motivated and strong.
"If I can help one person to change their life and do positive things, then I'm satisfied," Afraid of Lightning said.
Afraid of Lighting is a tribal member of the Miniconjou Band of the Cheyenne River Sioux and was a guest speaker at the University of Wyoming during its seventh annual Martin Luther King, Jr., Days of Dialogue Celebration. She was part of a panel of students discussing the challenges of returning home after college.
Sophomore Maria Simental, who was also on the student panel, said she listened to Afraid of Lightning and said motivational words from students like her are needed. She said it helped to boost morale among the American Indian, Hispanic, Asian and African American students at the university.
"She was amazing," Simental, a 20-year-old business administration student, said. "She knew what we were going through but more in depth. ... She was really inspirational."
Get more here: http://www.reznetnews.org/article/feature-article/young-voice-experience
LARAMIE, Wyo.—Trivia Afraid of Lightning has given herself the task of being a role model to younger minority students. That means never giving up at the university level and showing that obtaining a college degree is always possible.
"There is always somebody watching us and when we give up, they will give up," Afraid of Lighting said.
But that is something Afraid of Lightning, 30, hopes will never happen. She wants to speak to students and give speeches, like she did here at the University of Wyoming on Jan. 24. When she speaks, she hopes to keep the students motivated and strong.
"If I can help one person to change their life and do positive things, then I'm satisfied," Afraid of Lightning said.
Afraid of Lighting is a tribal member of the Miniconjou Band of the Cheyenne River Sioux and was a guest speaker at the University of Wyoming during its seventh annual Martin Luther King, Jr., Days of Dialogue Celebration. She was part of a panel of students discussing the challenges of returning home after college.
Sophomore Maria Simental, who was also on the student panel, said she listened to Afraid of Lightning and said motivational words from students like her are needed. She said it helped to boost morale among the American Indian, Hispanic, Asian and African American students at the university.
"She was amazing," Simental, a 20-year-old business administration student, said. "She knew what we were going through but more in depth. ... She was really inspirational."
Get more here: http://www.reznetnews.org/article/feature-article/young-voice-experience
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