The United States Department of the Interior released a report today, "Secretary of the Interior Dirk Kempthorne Initiates Action Following Receipt of Inspector General Reports."
Dirk Kempthorne will get two cheers for now and the third? Well, I think he deserves a third cheer when he e x p a n d s his display of leadership ethics and exercises justice over the fiasco over unethical behavior at the Office of Special Trustee.
What makes it different? Is it that they wasted resources, time, and the reputation of an otherwise sound agency belonging to the United States instead of from Native Americans? I am not saying it is, I'm just asking, why now, why this agency and why not before when equally damaging behavior happened at the Office of Special Trustee?
Was it equally damaging? Well I would think that to the people who filed reports with the Inspector General, Earl Devaney, putting their jobs at risk, it would be equally damaging to their quality of life. To the people who were waiting for objective management of their resources, it would be equally damaging. To people who were expecting just treatment of disciplinary problems, when Ross Swimmer assigned "corrective training," for Donna Erwin and Doug and Jeff Lords instead of real disciplinary action, yes it is my opinion that it was equally damaging. And when one of the three Ringling Trustees recently got promoted, well that was too much.
So, while Mines and Minerals Management Service gets scrutiny, Native Americans everywhere wait for a little bit of attention on our fire. We wait for justice, we wait for the Trust to be put into the Office of Special TRUSTee.
Thursday, September 11, 2008
Tuesday, August 12, 2008
Excuse me while I interrupt myself...
IndianTrust.com is reporting just now that a number of news accounts – particularly The Associated Press - are incorrectly saying that the plaintiffs have rejected a $7 billion offer from the government to settle the Indian Trust lawsuit. They say it simply isn’t true.
Imagine that? A news report saying things that aren't true? The nerve!
Indian Trust reports the facts to be that:
The government has never offered to settle the Cobell vs. Kempthorne lawsuit at any price.
Instead it is pointed out that the Bush administration in March 2007 suggested it was willing to spend $7 billion over 10 years to resolve a wide range of major Indian issues, including land fractional land claims, the Cobell suit, all individual land mismanagement claims, the 100 plus trust lawsuits filed by tribes and pay for all of trust reform as well.
Oh yes, and it also included provisions to deny Indians any right to bring any future lawsuits for future mismanagement no matter how egregious. That final provision was essentially a license to steal. This proposal was universally condemned by everyone not associated with the government, including a wide range of Native leaders.
Ms. Cobell did note that a mediator had suggested recoveries could run between $7 billion to $9 billion in the case. She said she "would want to talk about that more." Hardly a rejection.
But the Bush administration never followed up on her overture. In fact, federal officials have never made any offer to the Cobell legal team to settle the class action lawsuit for any specific amount.
In 2006, the Senate Indian Affairs Committee did introduce legislation to settle the lawsuit without a specific dollar amount. The Committee later amended that bill to include an $8 billion figure but the bill never moved out of the Senate Indian Affairs Committee because of objections raised by the (Sudanese? South Korean, Spanish, noooooo...the United Snakes!) government.
The position of the Cobell plaintiffs has long been that we will consider reasonable offers from the United States to resolve this case. Unfortunately, none has been put forth.
Well, well, well...very well put if you ask me. But then who did the AP go ask to get these "facts of mythic porportion?
To view the latest information concerning this case, go to www.indiantrust.com
Imagine that? A news report saying things that aren't true? The nerve!
Indian Trust reports the facts to be that:
The government has never offered to settle the Cobell vs. Kempthorne lawsuit at any price.
Instead it is pointed out that the Bush administration in March 2007 suggested it was willing to spend $7 billion over 10 years to resolve a wide range of major Indian issues, including land fractional land claims, the Cobell suit, all individual land mismanagement claims, the 100 plus trust lawsuits filed by tribes and pay for all of trust reform as well.
Oh yes, and it also included provisions to deny Indians any right to bring any future lawsuits for future mismanagement no matter how egregious. That final provision was essentially a license to steal. This proposal was universally condemned by everyone not associated with the government, including a wide range of Native leaders.
Ms. Cobell did note that a mediator had suggested recoveries could run between $7 billion to $9 billion in the case. She said she "would want to talk about that more." Hardly a rejection.
But the Bush administration never followed up on her overture. In fact, federal officials have never made any offer to the Cobell legal team to settle the class action lawsuit for any specific amount.
In 2006, the Senate Indian Affairs Committee did introduce legislation to settle the lawsuit without a specific dollar amount. The Committee later amended that bill to include an $8 billion figure but the bill never moved out of the Senate Indian Affairs Committee because of objections raised by the (Sudanese? South Korean, Spanish, noooooo...the United Snakes!) government.
The position of the Cobell plaintiffs has long been that we will consider reasonable offers from the United States to resolve this case. Unfortunately, none has been put forth.
Well, well, well...very well put if you ask me. But then who did the AP go ask to get these "facts of mythic porportion?
To view the latest information concerning this case, go to www.indiantrust.com
Thursday, August 7, 2008
The Dismal Cobell Dismissal
MARY CLARE JALONICK has a report just out: Judge says Indians owed $455m in trust case
U.S. District Judge James Robertson has summarily dismissed any billion dollar claim the Cobell plaintiff's had against the government. He has issued an opinion saying that Indians are entitled to 455 million dollars as part of the broken Trust duties of the United States. That's not even 1 million to each of the 562 tribes across the nation. Really? Really enit? They (the U.S. Government) were that accurate from 1887? Wow! Somebody nominate this government for a Quality Management Award!
Judge James Robertson says that Eloise Cobell et al. didn't prove that damages included benefits to the United States that the U.S. received as part of mis-use of the Trust Funds, despite the fact that it was argued that the trust funds were used to down-size some government debts.
Funny part is that he says in his ending statement, "The Cobell case will no doubt stand, in some respects, as a cautionary tale about the limited ability of a court to right historical wrongs that could have been — and should have been — settled by the same political branches in recognition of their own failure to preserve the trust."
Aint it the truth?
U.S. District Judge James Robertson has summarily dismissed any billion dollar claim the Cobell plaintiff's had against the government. He has issued an opinion saying that Indians are entitled to 455 million dollars as part of the broken Trust duties of the United States. That's not even 1 million to each of the 562 tribes across the nation. Really? Really enit? They (the U.S. Government) were that accurate from 1887? Wow! Somebody nominate this government for a Quality Management Award!
Judge James Robertson says that Eloise Cobell et al. didn't prove that damages included benefits to the United States that the U.S. received as part of mis-use of the Trust Funds, despite the fact that it was argued that the trust funds were used to down-size some government debts.
Funny part is that he says in his ending statement, "The Cobell case will no doubt stand, in some respects, as a cautionary tale about the limited ability of a court to right historical wrongs that could have been — and should have been — settled by the same political branches in recognition of their own failure to preserve the trust."
Aint it the truth?
Friday, August 1, 2008
According to the story BISON ROUNDUP LEADS TO LAWSUIT reported in the Billings Gazette by Laura Tode, George and Nelvette Siemion have a lawsuit pending against the Bureau of Indian Affairs.
It may come as somewhat of a surprise that the notices that were sent to them from the Bureau of Indian Affairs (BIA) were not picked up; well if you live off the rez it may come as a surprise. I personally have had several mail items returned to the sender because I didn't pick up the mail in time. It's a fact of life for some people and post office boxes.
But that is a minor point in this scenario. So don't take the red herring! Stick to the point!
The point is that there was a sovereign governmental process for processing bids. The TRIBAL members (PEOPLE LIKE YOU) who already had a lease in years past on the Crow Reservation had the chance to match the bid put out by the new (shadow) tribal member bids.
What is a shadow member? Much like many small TIMBER-BUSINESSES, it's a false front that a tribal member is an owner of a small business. If they are a timber company, then it means that they get preference in timber bids. If it's a Cattle company, they get preference in Grazing bids.
How does it work?
"Well Zeke, ya see that Tribal Member over there chewing on bubble gum doing, nothing in particular?"
"Do I see him, heck I can hear him popping bubbles!"
"Well Zeke, ya go make him an offer to make money for nothing"
"OK I get it. I make him a majority interest holder in 'our lil ol cattle company' and promise to give him 1 dollar an acre ($4,000 dollars) for getting me a preferential-like bid on them there 4,000 acres right?"
"There's a smart boy Zeke..."
Aha! Timber, Grazing, Tree planting, any number of businesses can make the world seem much different if they have a tribla member partner with a majority interest in their enterprise. Which is ok, as long as it's above board. If anybody else is a fan of 8-A Status stand up and burp loudly! That isn't the part that's wrong.
The part that's wrong is when BIA steps all over sovereignty. The part that's wrong is if this couple George and Nelvette Siemion don't get to pursue the appeal process to the Interior Board of Indian Appeals if they need to.
When you appeal to the Bureau of Indian Affairs, there are a multitude of areas where your appeal can be thrown out for seemingly small details. The death is in the details. Read your CFR very well if you're gonna sit down for a bout with the BIA. If you put the wrong words on the envelope or no words, THROWN OUT! If you fail to certify that you sent the appeal to all "parties of interest" THROWN OUT! If you fail to send to everybody in the world and their cousin, THROWN OUT!
Let's hope George Skibine will allow this appeal to follow it's natural route and if need be all the way to the Interior Board of Indian Appeals. Let's hope that this appeal gets taken care of before it reaches the Interior Board of Indian Appeals. If this appeal gets to the Interior Board of Indian Appeals then it means that somebody lower than them in the Bureau, the Region, the Area, the Agency, probably isn't doing their job. The Interior Board of Indian Appeals should be the last resort of George and Nelvette Siemion. But George and Nelvette Siemion should have every right to pursue this case all the way to the Interior Board of Indian Appeals, and George Skibine seems like just the objective person to let it run its natural course. There should be none of this stepping in and pre-empting a case instead of letting the Interior Board of Indian Appeals do just what they're supposed to do.
George should, in his non-acting position, not get involved, but make sure that every step, every superintendent, director, manager, specialist, is involved and pursuing justice, whatever that decision may be. Justice is what every tribal member is looking for. Let's hope that in this case, the tribal members get their say. Let's not go for a repeat of past Principal Deputy Assistant Secretary's woeful decisions against tribal sovereignty and objective judicial inquiries. George Skibine, may we introduce you to George and Nelvette Siemion? They have a Native Land Issue to discuss with the appropriate levels of the Bureau of Indian Affairs? Could you see to it that, without influencing anybody in either direction, everybody knows that an objective, judicial decision with respect to Tribal Sovereignty is reached--and if it isn't that as a last resort the Interior Board of Indian Appeals can look this case over?
Thanks George.
It may come as somewhat of a surprise that the notices that were sent to them from the Bureau of Indian Affairs (BIA) were not picked up; well if you live off the rez it may come as a surprise. I personally have had several mail items returned to the sender because I didn't pick up the mail in time. It's a fact of life for some people and post office boxes.
But that is a minor point in this scenario. So don't take the red herring! Stick to the point!
The point is that there was a sovereign governmental process for processing bids. The TRIBAL members (PEOPLE LIKE YOU) who already had a lease in years past on the Crow Reservation had the chance to match the bid put out by the new (shadow) tribal member bids.
What is a shadow member? Much like many small TIMBER-BUSINESSES, it's a false front that a tribal member is an owner of a small business. If they are a timber company, then it means that they get preference in timber bids. If it's a Cattle company, they get preference in Grazing bids.
How does it work?
"Well Zeke, ya see that Tribal Member over there chewing on bubble gum doing, nothing in particular?"
"Do I see him, heck I can hear him popping bubbles!"
"Well Zeke, ya go make him an offer to make money for nothing"
"OK I get it. I make him a majority interest holder in 'our lil ol cattle company' and promise to give him 1 dollar an acre ($4,000 dollars) for getting me a preferential-like bid on them there 4,000 acres right?"
"There's a smart boy Zeke..."
Aha! Timber, Grazing, Tree planting, any number of businesses can make the world seem much different if they have a tribla member partner with a majority interest in their enterprise. Which is ok, as long as it's above board. If anybody else is a fan of 8-A Status stand up and burp loudly! That isn't the part that's wrong.
The part that's wrong is when BIA steps all over sovereignty. The part that's wrong is if this couple George and Nelvette Siemion don't get to pursue the appeal process to the Interior Board of Indian Appeals if they need to.
When you appeal to the Bureau of Indian Affairs, there are a multitude of areas where your appeal can be thrown out for seemingly small details. The death is in the details. Read your CFR very well if you're gonna sit down for a bout with the BIA. If you put the wrong words on the envelope or no words, THROWN OUT! If you fail to certify that you sent the appeal to all "parties of interest" THROWN OUT! If you fail to send to everybody in the world and their cousin, THROWN OUT!
Let's hope George Skibine will allow this appeal to follow it's natural route and if need be all the way to the Interior Board of Indian Appeals. Let's hope that this appeal gets taken care of before it reaches the Interior Board of Indian Appeals. If this appeal gets to the Interior Board of Indian Appeals then it means that somebody lower than them in the Bureau, the Region, the Area, the Agency, probably isn't doing their job. The Interior Board of Indian Appeals should be the last resort of George and Nelvette Siemion. But George and Nelvette Siemion should have every right to pursue this case all the way to the Interior Board of Indian Appeals, and George Skibine seems like just the objective person to let it run its natural course. There should be none of this stepping in and pre-empting a case instead of letting the Interior Board of Indian Appeals do just what they're supposed to do.
George should, in his non-acting position, not get involved, but make sure that every step, every superintendent, director, manager, specialist, is involved and pursuing justice, whatever that decision may be. Justice is what every tribal member is looking for. Let's hope that in this case, the tribal members get their say. Let's not go for a repeat of past Principal Deputy Assistant Secretary's woeful decisions against tribal sovereignty and objective judicial inquiries. George Skibine, may we introduce you to George and Nelvette Siemion? They have a Native Land Issue to discuss with the appropriate levels of the Bureau of Indian Affairs? Could you see to it that, without influencing anybody in either direction, everybody knows that an objective, judicial decision with respect to Tribal Sovereignty is reached--and if it isn't that as a last resort the Interior Board of Indian Appeals can look this case over?
Thanks George.
Thursday, June 12, 2008
JOB OPPORTUNITY: Did MAJEL RUSSELL resign as Principal Deputy Assistant Secretary of Bureau of Indian Affairs?
It would seem that Majel Russell is no longer with us as the Principal Deputy Assistant Secretary, Bureau of Indian Affairs. Did Majel Russell resign? The Puzzle Palace (federal government) seems to do a fine job of shredding either the principles of the people we keep sending there, or their morals, or just their sense of duty or their morale. I know of good people who have gone there with hopes of "changing things." They quickly find out that isn't what's going to happen. I know of some people who go there with self-driven motivations. I would hope that they don't last long there, but some of them are still there, and flourishing.
So it would seem that Majel Russell's former position is once again open, as well as Carl Artman's position. Round and round we go, and where we stop, nobody really does know. Majel Russell will do well with her background. I would hope that the experience she had in the Bureau of Indian Affairs would be beneficial in some way for all of us, including her. George Skibine recently in Reno gave words about Majel to the effect that she wasn't a "bad person". I agree. It was Majel Russell's actions that gave us reason to pause. Majel Russell is a tribal member, a land owner, and on some issues, the best advocate. Maybe not the best advocate for all, but an advocate indeed. If it was "Benny Two-Hops" who did the same thing, I feel that the same reaction would have come to mind.
I hope that the Department of the Interior chooses someone of high caliber to replace Carl Artman and Majel Russell. They were brave for having stepped up to the plate. We owe them that. Maybe this time around they pick two leaders from large land-based tribes out West, where the issues are still live for us, just as they were back in the day.
So it would seem that Majel Russell's former position is once again open, as well as Carl Artman's position. Round and round we go, and where we stop, nobody really does know. Majel Russell will do well with her background. I would hope that the experience she had in the Bureau of Indian Affairs would be beneficial in some way for all of us, including her. George Skibine recently in Reno gave words about Majel to the effect that she wasn't a "bad person". I agree. It was Majel Russell's actions that gave us reason to pause. Majel Russell is a tribal member, a land owner, and on some issues, the best advocate. Maybe not the best advocate for all, but an advocate indeed. If it was "Benny Two-Hops" who did the same thing, I feel that the same reaction would have come to mind.
I hope that the Department of the Interior chooses someone of high caliber to replace Carl Artman and Majel Russell. They were brave for having stepped up to the plate. We owe them that. Maybe this time around they pick two leaders from large land-based tribes out West, where the issues are still live for us, just as they were back in the day.
Wednesday, May 28, 2008
GOOD NIGHT AND GOOD NEWS!
I think Ted Baxter said it best when he said those kind words. It was a rather simplistic mantra. Sometimes it comes true. Indianz.com reports that George Skibine will take the helm, although it will a quasi-super-secret-squirrel event. George Skibine will fill the top post as Bureau of Indian Affairs Secretary but not in an "acting" position.
"He is not acting," said Nedra Darling. Well, I should hope he is taking it seriously! But seriously, I don't want to take just one sentence out of context, so I should not make light of it.
But, ("but" cancels everything out you just said you know) I have to wonder why others weren't chosen to take the helm. I do not question George, I question the fact that we have many people in the top seats (echelons above god) who can't seem to assume the leadership according to the chain of command. Isn't that why there is a chain of command?
I am happy that in this case the chain of command wasn't followed. What continues to be my problem is that we have a bunch of weak links in the chain.
It should be self-evident that if they're not man (or woman) enough to step up when the next level up leaves, they shouldn't be there in the first place. Right? Right?
I kind of think of Bureau of Indian Affairs much like I used to remember the antics of the Mary Tyler Moore Show right now. And that is why the Ted Baxter quotes appear today.
Mary Richards: Ted, do you trust me?
Ted Baxter: Well, sure I do.
Mary Richards: Okay, take off your left shoe.
[Ted does so]
Mary Richards: Now take off your left sock.
Ted Baxter: Mary...
Mary Richards: Do you trust me, Ted?
Ted Baxter: Sure.
Mary Richards: Take off your left sock.
[Ted does so]
Mary Richards: Now, the next time I'm talking to someone and you think of a comment you just have to add to the conversation, I want you to take that sock, and stuff it down your throat.
Ted Baxter: What about the shoe?
"don't tempt me"
So who is Ted Baxter this week at the Bureau of Indian Affairs? Or how many people get to play Ted Baxter this week at the Bureau of Indian Affairs?
Good night and good news to you too George Skibine. May the good news be all of ours.
"He is not acting," said Nedra Darling. Well, I should hope he is taking it seriously! But seriously, I don't want to take just one sentence out of context, so I should not make light of it.
But, ("but" cancels everything out you just said you know) I have to wonder why others weren't chosen to take the helm. I do not question George, I question the fact that we have many people in the top seats (echelons above god) who can't seem to assume the leadership according to the chain of command. Isn't that why there is a chain of command?
I am happy that in this case the chain of command wasn't followed. What continues to be my problem is that we have a bunch of weak links in the chain.
It should be self-evident that if they're not man (or woman) enough to step up when the next level up leaves, they shouldn't be there in the first place. Right? Right?
I kind of think of Bureau of Indian Affairs much like I used to remember the antics of the Mary Tyler Moore Show right now. And that is why the Ted Baxter quotes appear today.
Mary Richards: Ted, do you trust me?
Ted Baxter: Well, sure I do.
Mary Richards: Okay, take off your left shoe.
[Ted does so]
Mary Richards: Now take off your left sock.
Ted Baxter: Mary...
Mary Richards: Do you trust me, Ted?
Ted Baxter: Sure.
Mary Richards: Take off your left sock.
[Ted does so]
Mary Richards: Now, the next time I'm talking to someone and you think of a comment you just have to add to the conversation, I want you to take that sock, and stuff it down your throat.
Ted Baxter: What about the shoe?
"don't tempt me"
So who is Ted Baxter this week at the Bureau of Indian Affairs? Or how many people get to play Ted Baxter this week at the Bureau of Indian Affairs?
Good night and good news to you too George Skibine. May the good news be all of ours.
Sunday, May 25, 2008
Majel Russell's Background Check
Majel,
our little darling. She certainly had our eye when she was among us. She had us all fooled I think. She earned the trust of so many Natives.
Advocate.
Fighter.
Leader.
On March 28, 2006, there she was testifying before the Senate on the Probate Reform Act of 2005.
our little darling. She certainly had our eye when she was among us. She had us all fooled I think. She earned the trust of so many Natives.
Advocate.
Fighter.
Leader.
On March 28, 2006, there she was testifying before the Senate on the Probate Reform Act of 2005.
- She argued for the protection of Tribal sovereignty.
- She said, "I believe strong, effective Tribal governments will insure that Indian people remain distinct political groups"
- "I remain interested in the “one-stop shopping” concept,"she said.
- She told the public that, "the Crow Tribe has been surveyed three times about the willingness of individuals to sell their fractional interests in land. All three surveys overwhelmingly indicated that Crow Indians who owned small fractional interests of lands preferred to sell the lands and in some cases to even donate the interests to the Tribe."
- She further said she would, "propose expanding land consolidation efforts to include financing for individuals to purchase fractionated interests. Developing mechanisms for individuals to consolidate lands, invest capital and practice good stewardship of land would most effectively protect trust land while also benefiting Tribes through stabilizing and protecting the reservation land base."
- Contrasting Point 1: In RECALLED TABLE MOUNTAIN LEADERS WANT NEW VOTE POWER STRUGGLE CONTINUES AFTER THE SECOND REJECTION OF A RECALL APPEAL reported by DOUG HOAGLAND & STEVAN ROSENLIND in the FRESNO BEE (Originally published 1998-10-06) The dissident faction says the law is on its side and that it is time for the incumbents to relinquish control of the 150-acre rancheria. "We are now working to negotiate ways to peacefully take over the tribal leadership," said Majel Russell, a Montana lawyer representing the dissidents. Those efforts have, to date, been unsuccessful, Russell said. Yet in December 28, 2007, Elected Tribal President, Eugene Little Coyote was forcibly removed from his office by a team of BIA SWAT officers. Since then a series of Appeals have come to a dead end when Majel Russell, Principal Deputy Secretary, Bureau of Indian Affairs, preempted the Interior Board of Indian Appeals process (taken from The New Front Line) and denied an appeal by Eugene Little Coyote. One may argue that it is merely a personal matter, but with the world's largest undeveloped Coal Bed Methane Gas Field underfoot, the Northern Cheyenne may have more than a personal matter to look for. So in 2006 she is on the side of the dissidents and requests that the BIA step all over Tribal Sovereignty and recognize the new government? And then in Dec 2007, she again, now as the boot-heeled oppressor, steps all over Northern Cheyenne Sovereignty and declares the people-elected Presidency null and void? And then denies them the basic procedure of having their issue addressed by an objective institution (the Interior Board of Indian Appeals)? It may be some weird stretch of somebody's imagination to say she is really protecting Tribal Sovereignty when she, as Principal Deputy Assistant Secretary of Indian Affairs ignores the Northern Cheyenne Tribe's Constitutional Court Decision to uphold the People-Elected President, Eugene Little Coyote.
- Contrasting Point 2: I would say she is 0-2 in this pursuit based on the above bullet. Rather to the contrary, she seems quite adept at disrupting Tribal Governments in a come one, come all paternalistic attitude.
- Contrasting Point 3: I have to admit, there is no contrast here. We will see that she does believe in One-Stop-Shopping, as long as she is allowed to cruise aisles haphazardly with carte blanc privilege.
- Contrasting Point 4&5: No argument here. She does believe that many fellow tribal members, family members and the like, would love to sell land back to the tribe; she just does not seem to think that the Tribe should shoulder the bill. She has also proposed to make land acquisitions by providing financing for individuals to buy fractionated interests. Unfortunately, instead of acting like a Principal Deputy Assistant Secretary of the Bureau of Indian Affairs, she is really acting like a lobbyist for only the Crow Tribe by proposing that the U.S. Government set aside 380 million dollars for land acquisition and consolidation of fractionated interests on the Crow Indian Reservation (as reported by the Billings Gazette). I'm Crow and I have land to sell but I can't find a buyer. I'm Crow and I have an urge to buy land, but I don't have money. Can anyone help us? Enter Stage Right, Majel Russell. Despite the limits of funding opportunities available she would seek to lobby for 380 million dollars for Just One tribe (hers) to consolidate and acquire land interests. One Stop Shopping made simple when you hold the keys to the store.
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