Village Earth's Pine Ridge Project Blog

Pine Ridge Residents in Need of Immediate Assistance

2010-01-05T16:37:00.005-07:00

Winter storms have slammed the Reservation and many residents are in need of immediate assistance for firewood, food, water, etc. Click on the link below to hear Pine Ridge Resident Leola One Feather describe the situation.

Village Earth has set up an urgent action fund to support families in need on the Reservation. Use the link on the right to contribute.

I want to thank everyone who has contributed thus far. We've been purchasing Sioux Nation Grocery gift cards for people to purchase food and any other needed supplies.

I just got off the phone with Leola One Feather who said there is a need for:

Snow shoes for people who are trapped in remote trailers so they can get to the road to get supplies.
Thermal Underwear
Warm Socks.

If you're interested in donating any of these items you can contact me at david@villageearth.org

Reflections on the Cobell Settlement and Indian Land Consolidation

2009-12-17T11:32:00.000-07:00

December marked an important milestone for Native American's across the country. In a landmark 3.2 Billion dollar settlement, the Obama administration finally ended a 14 year class-action lawsuit brought against the U.S. Department of Interior by some 300,000 Native American land owners. In their suit, Native Americans argued that the government failed to pay them nearly 42 billion dollars in lease revenue collected by the government over the past 120 years serving as their self-appointed Trustee. After years of stalling with disingenuous accounting, racking up millions of dollars in legal fees charged to tax payers, withholding and even destroying evidence, a crime for which the Department of Interior was held in contempt of court, the government finally conceded and agreed to settle with the Plaintiffs. According to the lead Plaintiff, Eloise Cobell, “there is little doubt this is significantly less than the full amount to which individual Indians are entitled...Nevertheless we are compelled to settle now by the sobering realization that our class grows smaller each year, each month, and every day, as our elders die, and are forever prevented from receiving their just compensation. We also face the uncomfortable, but unavoidable fact that a large number of individual money account holders currently subsist in the direst poverty, and this settlement can begin to address that extreme situation and provide some hope and a better quality of life for their remaining years.”

Village Earth has reported regularly on the developments in this case for several years now as we are working at the front lines of helping families remove their lands from the Government's “broken” leasing system, a term used by Larry Ecohawk, head of the U.S. Bureau of Indian Affairs in a speech at last week's Intertribal Agriculture Conference in Las Vegas and attended by Village Earth. While we do not challenge the Plaintiffs for their decision to accept such a low settlement, we do however find it deeply unsettling that desperation was a factor, a desperation largely born from the same injustices this case was all about. According to the Plaintiff's website, the settlement guarantees Native Americans a “$1.4 billion Accounting/Trust Administration Fund and a $2 billion Trust Land Consolidation Fund. The Settlement also creates an Indian Education Scholarship fund of up to $60 million to improve access to higher education for Indians.” Based on our experiences working with families and the Tribe assisting with the consolidation and utilization of fractionated interests were are particularly concerned with the proposal for the $2 Billion dollar Trust Land Consolidation Fund. According to the settlement agreement, this program will operate in accordance with the Land Consolidation Program authorized under 25 U.S.C. §§ 2201 also known as the American Indian Probate Reform Act (AIPRA) and Indian Lands Consolidation Act (ILCA). According to the settlement agreement and consistent with the AIPRA the purpose of the Trust Land Consolidation Fund shall be used solely for the following purposes: (1) acquiring fractional interests in trust or restricted lands; (2) implementing the Land Consolidation Program; and (3) paying the costs related to the work of the Secretarial Commission on Trust Reform, including costs of consultants to the Commission and audits recommended by the Commission. An amount up to a total of no more than fifteen percent (15%) of the Trust Land Consolidation Fund shall be used for purposes (2) and (3) above. The general impact of ILCA programs is a transfer of ownership of land from Individual Indians to Tribal Governments. While this may be an effective strategy for some Tribes, our experience working at the grassroots level on the Pine Ridge Reservation has shown us that many people on the reservation feel that the ILCA exploits the desperation of individuals, tempting them with short-term monetary gain but then leaving them with little long-term benefit. It has also caused tensions within families who feel their allotted lands, even though they are fractionated, should be retained for the benefit of future generations. Despite ILCA, other options exist for individuals, families, and communities to consolidate their lands including Tribal land exchange programs, partitioning, gift deeds, and creating wills however, right now, there is virtually no support for these programs. In fact, our research on Pine Ridge demonstrates that the Federal Government is a primary bottleneck in the whole process. Furthermore, when you consider that, in the case of the Pine Ridge Reservation, all Tribally owned lands have been tied up in loans to the Federal Housing Administration for the past 25 years, this has forced the tribe to lease their lands out, oftentimes to non-tribal members, greatly limiting their ability to develop these lands in a way that will benefit their members. A real solution to repairing the injustices of the past would look at each reservation in a holistic way and consider these differences. ILCA consolidation may not be the best option for each Reservation in those cases, supporting grassroots consolidation efforts my have a greater impact on promoting self-determination and development. Furthermore, it makes little sense to promote tribal and consolidation when at the same time you have the Tribe's hands tied-behind it's back with debt to where they benefit very little from those lands.

Settlement Agreement Reached in Cobell v. Salazar

2009-12-08T12:19:00.001-07:00

Taken from: http://www.cobellsettlement.com/

A proposed Settlement has been reached with American Indian Plaintiffs in a long-running class action lawsuit against the federal government for mismanagement of individual Indian trust accounts and trust assets. The Settlement is with the Secretary of the Interior, the Assistant Secretary of the Interior-Indian Affairs, and the Secretary of the Treasury. The individual Indian trust accounts relate to land, oil, natural gas, mineral, timber, grazing, water and other resources and rights on or under individual Indian lands.

The class action lawsuit claims that the federal government failed to fulfill its financial responsibility for the individual Indian trust resulting in the loss, misdirection, and unaccountability of several billion dollars of monies held in trust or which should have been held in trust by the United States for Indian beneficiaries in Individual Indian Money (IIM) accounts.

Under the terms of the Settlement in Cobell v. Salazar, the federal government will create a $1.412 billion Accounting/Trust Administration Fund and a $2 billion Trust Land Consolidation Fund. The Settlement also creates a federal Indian Education Scholarship fund of up to $60 million to improve access to higher education for Indian youth. The Settlement also includes a commitment by the federal government to appoint a commission that will oversee and monitor specific improvements in the Department's accounting for and management of individual Indian trust assets, going forward.

The Agreement creates two groups of Indians eligible to receive Settlement money - the Historical Accounting Class and the Trust Administration Class. Details of who is eligible follow.

What will IIM Account Holders and other Class Members get?

Most individual Indian beneficiaries are included in both Classes and will receive no less than $1,500 under the terms of the Settlement. There will be a number of distributions:

Each member of the Historical Accounting Class will initially be paid $1,000 after Final Approval of the Settlement. Members of the Trust Administration Class will be paid a "pro rata" share of the $1,412 billion Fund starting with a baseline of $500. This means that each Class Member will get at least $500 and then a percentage of the remaining Fund based on the number of individuals sharing in the Fund. Certain costs, reserves and attorneys fees will be paid out of this Fund before distribution of the pro rata share.

USDA Misrepresents Situation of Native American Farmers

2009-11-04T22:00:00.005-07:00

On the eve of important White House meeting with Tribal Leaders, USDA press release celebrates increase in Native American Farmers but omits information provided in an earlier report that explained the dramatic increase in the numbers as erroneous.

For Immediate Release

Village Earth - Nov. 4, 2009 - Today, the USDA issued a press release celebrating the increase in Native American Farmers and Ranchers since their 2002 Census of Agriculture. This comes on the eve an important and highly publicized meeting between the White House and Tribal representatives from across the country.

"In celebration of American Indian Heritage Month the U.S. Department of Agriculture today reported that there are nearly 80,000 American Indian operators on 61,472 farms and ranches across the United States. This represents an 88-percent increase over the number of American Indian farmers USDA counted in 2002."

Just a week earlier, Village Earth issued a similiar release but provided greater context for the extreme racial disparity that exists in agricultural production on most Native American Reservations. According to Village Earth, "this most recent report by the USDA is a gross misrepresentation of the data, suggesting that the increase is due to greater inclusion and outreach when in fact it is the result of the USDA expanding the sampling area of the Census from Reservations in just three States to Reservations nationwide." Today's press release omits information, provided in an earlier USDA report that explained the dramatic increase in the numbers.

"Part of the reason for the dramatic increase in the number of American Indian farmers is a change in the way the 2007 Census of Agriculture counted farm operators on reservations in the Southwestern United States. In 2002, the U.S. Department of Agriculture’s National Agricultural Statistics Service conducted a pilot program to count American Indian operators on reservations in three states — North Dakota, South Dakota and Montana — rather than simply counting a single reservation as a single farm operation. In 2007, the pilot program was extended throughout the United States. The majority of the increase in the number of American Indian operators occurred in just two states: Arizona and New Mexico, where the count increased from 694 in 2002 to 12,929 in 2007."

Today's press release also failed to create a context for the larger picture of the racial disparity in agriculture that exists on most Native American Reservations today. While the USDA is correct to report that there are "nearly 80,000 American Indian operators on 61,472 farms and ranches across the United States," that number only represent 1.6% of the total farmers and ranchers operating on Native American Reservation today, illustrating that non-native producers dominate on most Native American Reservations. In terms of income, the total value of agricultural commodities produced on Native American Reservations in 2007 totaled over $2.1 Billion dollars, yet, only 16% of that income went to Native American farmers and ranchers.

As reported earlier by Village Earth, the unequal land-use patterns seen on Native American Reservations today is a direct outcome of discriminatory lending practices, land fractionation and specifically Federal policies over the last century that have excluded native land owners from the ability to utilize their lands while at the same time opening them up to non-native farmers and ranchers. Discriminatory lending practices, as argued in court cases such as the pending Keepseagle vs. Vilsack, claim that Native Americans have been denied roughly 3 billion in credit. Another significant obstacle is the high degree of fractionation of Reservation lands caused by the General Allotment Act (GAA) of 1887. Over a century of unplanned inheritance under the GAA has created a situation where reservation lands have become severely fractionated. Today, for a Native land owner to consolidate and utilize his or her allotted lands they may have to get the signed approval of dozens, hundreds or even thousands of separate land owners. As a result of this complexity, most Indian land owners have few options besides leasing their lands out as part of the Federal Government's leasing program. Additionally, historical and racially-based policies by the Federal government have been designed to exclude Native American farmers and ranchers from utilizing their own lands, opening them up to non-natives for a fraction of their far market value.

USDA Census Reveals Non-Native Producers Dominate on Most Native American Reservations

2009-10-23T12:50:00.005-06:00

By David Bartecchi and Courtney Hunter
Fort Collins, CO (Village Earth) 10/23/09 -- Recently released 2007 Agricultural data from the United States Department of Agriculture (USDA) for Native American Reservations reveal that non-native agricultural producers dominate on most Native American Reservations in the United States. This is according to a study conducted by Village Earth, a Fort Collins based not-for-profit organization that works on indigenous land use issues on Native American Reservations in the United States and around the world. According to Village Earth's study of the USDA data, in total numbers, Native Americans represent only 1.6% of the farmers and ranchers operating on Reservation lands. Today, for most Native American Reservations in the United States, more than two-thirds of the farms and ranches are controlled by non-natives. As might be expected, this disparity in land use has had a dramatic impact on the ability of Native Americans to fully benefit from their natural resources. Statistics on income reveal that the total value of agricultural commodities produced on Native American Reservations in 2007 totaled over $2.1 Billion dollars, yet, only 16% of that income went to Native American farmers and ranchers.

The USDA has conducted its quinquennial Census of Agriculture for every county in the United States since 1840 but it was not until 2007 when it began collecting this agricultural data for Native American Reservations. While Village Earth recognizes that this data-set is not complete, representing only 73 of the 388 Native American Reservations in the U.S., the results are consistent with data collected by a study from Colorado State University and with its experience working with Native producers on the Pine Ridge Reservation in their efforts to utilize their own lands.

The unequal land-use patterns seen on reservations today is a direct outcome of discriminatory lending practices, land fractionation and specifically, Federal policies over the last century that have excluded native land owners from the ability to utilize their lands while at the same time opening it up to non-native farmers and ranchers. Discriminatory lending practices, as argued in court cases such as the pending Keepseagle vs. Vilsack, claim that Native Americans have been denied roughly 3 billion in credit. Another significant obstacle is the high degree of fractionation of Reservation lands caused by the General Allotment Act (GAA) of 1887. Over a century of unplanned inheritance under the GAA has created a situation where reservation lands have become severely fractionated. Today, for a Native land owner to consolidate and utilize his or her allotted lands they may have to get the signed approval of dozens, hundreds or even thousands of separate land owners. As a result, most Indian land owners have few options besides leasing their lands out as part of the Federal Government's leasing program. Additionally, historical and racially-based policies by the Federal government have been designed to exclude Native American farmers and ranchers from utilizing their own lands, opening them up to non-natives for a fraction of their far market value.

The leasing of Indian Lands by the Federal Government dates back the the the Act of February 28, 1891 which amended the General Allotment Act to give the Secretary of the Interior the power to determine whether an Indian allottee had the “mental or physically qualifications” to enable him to cultivate his allotment. In such cases, the Superintendent was authorized to lease Indian lands to non-tribal members. In 1894, the annual Indian Appropriation Act increased the agricultural lease term to 5 years, 10 years for business and mining leases, and permitted forced leases for allottees who “suffered” from “inability to work their land.” Clearly designed to alienate lands from Native Americans, this act dramatically increased the number of leases issued across the country. For the Pine Ridge Reservation the practice was so widespread, that in a 1915 Government report, it was noted that over 56% of the adult males on the reservation were considered incapable of managing their lands and thus they were forcefully leased out. In 1920 the Government Superintendent for Pine Ridge wrote, “It has been my policy to insist upon the utilization of all these lands and the grass growing upon it and this has restricted members of the tribe owning stock to their own allotments, and such land adjoining that they have leased.” Not only were a great number of Native Americans denied the ability to utilize their allotted lands, many did not even receive the lease income collected by the Federal Government. Today, it is estimated that Native Americans are owed upwards of 47 billion dollars by the Federal Government for 120 years of oil, timber, agriculture, grazing and mining leases (See Cobell vs. Salazar).

According to Village Earth, the disparity in land use on Native American Reservations will only worsen with each new generation until Native Americans are given a fair chance at accessing the credit and other forms assistance available to non-natives. Additionally, the Government should honor its obligation as trustee and pay the over 47 billion dollars in revenue it has received for the leasing of Native American lands over the last 120 years. Lastly, the Department of Interior should place special emphasis on repairing the fractionation problem created by the General Allotment Act by providing information and support to individual allottees to consolidate and utilize their lands. In particular, speeding up the appraisal and survey process for which they are responsible.

LAKOTA BUFFALO CARETAKERS COOPERATIVE TO CELEBRATE DONATION & REFLECT ON PROGRESS

2009-09-22T21:18:00.000-06:00

On Friday, September 25, members of the Lakota Buffalo Caretakers Cooperative (LBCC) will be celebrating the donation of 6 head of buffalo that will be added to their herds. For the 6th consecutive year, Danylchuck Buffalo Ranch, based in Rye, Colorado, will generously donate buffalo to the cooperative. Members of the LBCC will be present at the celebration, making it an exciting opportunity for those interested in learning more about issues of sustainable agriculture, food sovereignty, and Lakota ranching ethics. The event will be free and open to the public, held at the Historic Federal Building, 421 North Main Street, Pueblo, CO.

The Lakota Buffalo Caretakers Cooperative is 100% Native American owned and operated, making it (to the best of our knowledge) the only Native American run small family cooperative of buffalo caretakers in the United States. The cooperative is located on the Pine Ridge Reservation, located in South Dakota. All of the meat produced by the group comes from buffalo that are raised on open ranges, grazing on wild grass, and respectfully harvested in the field. This culturally significant and ethical approach to meat production supports the members’ overarching commitments to the restoration of the northern plains ecology, self-sufficiency and strengthening the sovereignty and self-determination of the Oglala Lakota Nation and all indigenous peoples.

After becoming incorporated in the state of South Dakota and having its labels approved by the USDA, the LBCC began selling retail meat last January. The cooperative was the progeny of Village Earth’s (a Fort Collins based NGO, which supports sustainable development through empowerment) Adopt-a-Buffalo project. The project was started as part of Village Earth’s larger vision to support Lakota families in reclaiming and utilizing their legally allotted lands. Due to significant legislation produced in the late 1800s and early 1900s, on Pine Ridge Reservation over 60% of individual Native American land is being leased out, primarily by non-tribal members. Through the Adopt-a-Buffalo initiative, Village Earth helped recover over 2000 acres for buffalo restoration, releasing over 82 head of buffalo onto these lands. Due to the historical and spiritual significance of the buffalo for the Lakota people, Village Earth hopes this project will be a significant step in the process of restoring the reservation’s economy and strengthening cultural pride.

If you have more questions about the event, the LBCC, Village Earth, or any of the larger underlying issues, please contact David Bartecchi at (970) 491-0633 or david@villageearth.org.

High Country News Features Village Earth's Work on Pine Ridge

2009-08-31T11:42:00.033-06:00

Read about Village Earth's work on the Pine Ridge Reservation in Aug 31, 2009 edition High Country News, the award winning news magazine that covers the American West's public lands, water, natural resources, grazing, wilderness, wildlife, logging, politics, communities, growth and other issues now changing the face of the West. From the Northern Rockies to the desert Southwest, from the Great Plains to the West Coast, High Country News’ coverage spans 11 Western states and is the leading source for regional environmental news, analysis and commentary, making it an essential resource for those who care about the West.

The article (above) written by Josh Zaffos, profiles some of the Lakota families that Village Earth has been working with for several years to utilize and protect the remaining lands on the reservation. The article does an excellent job of describing the challenges faced by tribal members and they struggle to utilize their own lands. According to research done by Zaffos, "more than 19,000 members of the Oglala Sioux tribe have claims to more than 203,000 properties." The article describes some of the history behind this situation.

Under the Dawes Act of 1887, the federal government doled out 160 acres of land to the head of each Indian family at Pine Ridge and other reservations. Congress could sell off any un-allotted lands, while the Bureau of Indian Affairs would maintain a tribal trust fund of revenues from mineral, oil, timber and grazing leases. (That trust fund is the subject of the ongoing lawsuit brought by Blackfeet tribal member Elouise Cobell in 1996.)

Then, in 1906, Congress passed the Burke Act, which allowed the BIA to measure Native Americans' "competence" to handle their homestead lands, based on ancestry, cultural assimilation -- even the length of a person's hair. The assessments at Pine Ridge underscored official prejudice: By 1915, government agents had classified 56 percent of the Oglala Lakota living on the reservation as "incompetent," and 700,000 additional acres were sold off before the practice ceased in 1934. Other parcels allotted to "incompetent" Indians were shifted into the leasing system, which has served mostly non-Native ranchers. But "competent" Indians didn't make out much better, since they were forced to pay taxes on their allotments. Ninety-five percent of these lands were eventually sold to non-Natives for a fraction of their real value.

And the allotment system had lasting cultural impact: By chopping up the land base, it effectively ended communal hunting practices. As the original allottees died and their children inherited the land, parcels were fractionated among dozens -- sometimes hundreds -- of heirs.

To read the entire article go to http://www.hcn.org/issues/41.15/a-new-land-grab

Indian Trust Lead Plaintiff Expresses Disappointment on the Appeals Court Ruling

2009-07-24T12:05:00.000-06:00

From: www.indiantrust.com

WASHINGTON, JULY 24 -- Today’s ruling by the U.S. Court of Appeals for the D.C. Circuit in the Indian Trust class action lawsuit will prolong what the court has said repeatedly has lasted too long. The case is now in its 14^th year.

Elouise Cobell, lead plaintiff for the class of 500,000 individual Indians, expressed disappointment in the ruling, commenting that “it is difficult to understand why the court is reluctant to enforce binding trust law and controlling Supreme Court precedent and ignore the government’s mismanagement of the Individual Indian Trust.”

For hundreds of thousands of Indians, including children, the elderly, and the infirm who depend upon their trust funds for food, clothing, shelter, and health care, this ruling means that many more years will pass before they can hope to secure trust funds that the government has withheld unconscionably and in breach of trust duties that it has owed for generations.

The appellate court reversed the trial court’s $455.6 million award in restitution, stating that the district court may not relieve the government of an accounting duty as a matter of law. However, at the same time, the court cast aside settled law, reversed its earlier decisions, and decided that the government need only account for funds that it can identify easily, those that the court described as “low hanging fruit.” Moreover, the court has accepted as good enough for government work its systemic trust records destruction and suggested that it would be unfair to force the government to perform and accurate and complete accounting because its historical breaches of trust now make that accounting too expensive to render.

The Cobell plaintiffs will continue to seek justice in this case, no matter how long that will take. Accordingly, further appellate review will proceed in addition to a request for the district court to place the IIM Trust into receivership to ensure that the beneficiaries their assets finally receive the protection they are owed under the law.

For additional information:

Bill McAllister

703-385-3996

202-257-5385 (cell)

Lakota Buffalo Caretakers: A New Paradigm of Agriculture?

2009-07-21T17:13:00.002-06:00

It is not difficult to argue the case that modern agriculture has reached a crisis stage. We have reached a point where must accept that change must occur, where common-place practices must abandoned, where long established institutions collapse, and ultimately, a new paradigm emerges. It could also be argued that the crisis we are experiencing in modern agriculture is part of a larger crisis evidenced by global warming, the burgeoning divisions between rich and poor, and most recently, the collapse of global capital markets. This can be a disquieting time indeed since, while its clear that change must occur, nobody is quite sure what that change will look like. Speaking about the broader global transition taking place, Colombian born Anthropologist, Arturo Escobar has argued that “Epistemologically this move entails a transition from the dominance of modern science to a plural landscape of knowledge forms. Socially, the transition is between global capitalism and emergent forms of which we only have glimpses in today’s social movements.” Rather, he argues that the emerging social movements, like the growing indigenous rights movement, represents the best hope for reworking many of the problems faced by global capitalism.

In a small way, with our work on the Pine Ridge Indian Reservation, we are seeing how this “reworking” can manifest. In particular, some of the challenges we have faced in developing a market and supply chain for meat from buffalo raised by a cooperative of Lakota Producers. While, Village Earth has been working to support Lakota buffalo caretakers on Pine Ridge since early 2003, it wasn't until 2006 when they started talking about forming a cooperative. Over the next few years we had numerous meetings, did our homework, drafted bylaws and articles of incorporation, and by August of 2008 the coop was officially recognized in the State of South Dakota. Less than four months later, the cooperative filled the first order under its label “Lakota Buffalo Caretakers Cooperative (LBCC).” To facilitate distribution in northern Colorado (where the best market exists) we helped establish a independently managed L.L.C. Called “Allied Natural Meats.” While it has been less than a year where the coop has been selling its products on the market, we have already learned a great deal where the points of conflict exist between the old paradigm of raising and selling meat, and possibly a new paradigm emerging from the LBCC but informed at a deeper level by the Lakota worldview.

In the dominant paradigm, most livestock, spend only the first six months of their lives in open pastures. After that time they are moved to feedlots where they often have less than 13 square-feet of space per animal, fed a mixture of high-fat grain and ground-up poultry waste until the age of 14 months where they are trucked-off to slaughter houses for processing. While we all may be familiar with this process for cattle, these same practices are bleeding into the buffalo industry, as evidenced by the buffalo feedlot that is being built soon Weld county Colorado, just a few miles from Village Earth's offices. In fact, most buffalo sold in stores (even health food stores), often spend the last 90 days in a feedlot and then trucked to a slaughter facility, even when they say “grass fed” on the label.

In the Lakota worldview, Buffalo are sacred, and killing one is comparable to killing a human. In fact, one elder explained this to me once by pointing to group of people talking around a fire and asked, “what do you think would happen to the social order of that group over there if we killed three of them?” It is this worldview that makes the notion of sending one to a feedlot an abomination. The Lakota alternative to this is raising buffalo their entire lives on open pastures and respectfully ending their lives in the field. In fact, some families have made this into a sort of right of passage for young men on the reservation, preparing them in ceremony to take the life of the buffalo in a respectful manner. It is said that when this honored, that the animals, within that particular family, are much calmer during the harvest. However, with current USDA regulation, this is a costly way of harvesting animals since it requires the use of a mobile-processing truck to drive out to the pasture so the animals can be gutted and cleaned within 45 minutes of the kill. Yet, despite the fact that the families could be saving approximately $180 per animal by trucking live animals directly to a slaughter facility, and despite the fact that scheduling the truck is very unpredictable, considering it is not able to drive onto their pastures if they are wet or covered in snow, which just this spring caused a 6 week delay in harvesting, despite all this, they have chosen to do it this way.

Another practice that many buffalo ranchers are adopting from the industrial cattle industry is manually weaning calves from their mothers just a few months after they're born. The advantage that these producers find from doing this is that the calves will start on grain more readily and fatten quicker. However, by doing this you break down the natural clan structure of the buffalo. Bison are herd animals but within each herd there may exist several smaller sub-clans or families. According to legend, the Lakota derived their social structure of the Tiwahe (family) and Tiyospaye (community) from the buffalo. Furthermore, traditional production methods drive producers to harvest their animals at approximately 30 months, the time needed for optimal weight gain. Weaning and always harvesting at the same age destroys the natural social structure of buffalo. According to Ed Iron Cloud from the Knife Chief Buffalo Nation (a member of the LBCC), “it's like having a bunch of adolescents running around, you NEED the older bulls to protect the herd and you need to elders to keep the social order.” A social principle mirrored in the Lakota culture.

While these are just a few anecdotes, I think they illustrate some of the conflicts that exist between the old paradigm and possibly a new one emerging. One thing that I have really learned from these experiences is that the connecting tissue in this entire system is the consumer. As its name implies, Allied Natural Meats is committed to working with the LBCC to find ways around these conflicts – to “rework” things as Escobar would say. A large part of this has been educating retailers and consumers about why the meat costs more than typical buffalo meat or why things may be delayed a few weeks. This has allowed the LBCC to raise the buffalo in a way that is consistent with their worldview. If in some way this represents a small transference of worldviews that might contribute to the broader social transformation that Escobar has theorized is unclear. What is clear to me is that we can not rely solely on science and the market to solve the problems we face today. Many these problems were already worked-out centuries ago, the answers have just been suppressed, erroneously delegitimized and/or taken for granted. The best way for us to uncover these answers is to work as allies, and rework these lines of conflict.

For more information about the LBCC visit their website at: http://www.lakotabuffalocaretakers.org/

To learn more about Village Earth's work on the Pine Ridge Reservation visit: http://www.villageearth.org/pages/Projects/Pine_Ridge/index.php

INDIANS ASK APPEALS COURT FOR FOR JUSTICE

2009-05-11T16:15:00.001-06:00

From: www.indiantrust.com

WASHINGTON, May 11 -- A federal appeals court was told today that it should offer 500,000 Native Americans some form of "rough justice" as a result of the federal government's acknowledged mismanagement of their trust accounts.

Attorney Dennis M. Gingold, who represents the Indians in a 13-year-old class action lawsuit, said justice for the Native American trust account beneficiaries cannot be complete because so many records of what happened to their trust lands and funds are missing.

That means some form of "rough justice" is required, Gingold said, adding that any resolution of the case must be fair.

"If not, we'll all be here another 13 years," Gingold told a three-judge panel for the U.S. Court of Appeals for the District of Columbia.

Government lawyers said they want the case declared at an end and the Indians given nothing at all. Alisa Klein, an appellate lawyer with the Justice Department's Civil Division, argued that the Indians are due nothing.

Plaintiffs opposed an llth-hour effort by the Osage Tribe to intervene in the case and take control of its members' individual trust accounts. Plaintiffs have fully represented the interests of individual Osage tribal members from the outset of the litigation in 1996.

Individual Osage tribal members are clearly part of the lawsuit, because their trust accounts were always classified as the property of individuals and not the tribe, Gingold told the court.

After the hour-long hearing, Lead Plaintiff Elousie Cobell, a member of the Blackfeet Nation from Browning, Mont., said that the government continued to mislead the appeals court about how the trust accounts have been managed. The accounts have never been audited, she noted, pointing out that the lower court had held an accounting remains "impossible." "I am very optimistic," she told reporters. "The court asked very good questions."

As for the idea of "rough justice," she said: "We all understand what's going to happen." She said any sum that is finally approved by the court will be distributed after additional hearings and under court supervision.

The three-judge panel gave no indication when it would rule.

The Indian Trust was established by Congress in 1887. It included millions of acres of valuable lands in the West owned by individual Indians, whom lawmakers believed could not manage those lands. That job was given to the Interior Department, which has repeatedly acknowledged in the lawsuit that it mismanaged the trust accounts.

For additional information:
Bill McAllister (media calls only)
703-385-6996

Lakota Buffalo Caretakers Launch Retail Meat Sales

2009-01-12T12:38:00.002-07:00

This weekend, the Lakota Buffalo Caretakers Cooperative launched retail sales of packaged grass-fed buffalo meat raised on the Pine Ridge Reservation. The Lakota Buffalo Caretakers Cooperative (LBCC) is a 100% Native American owned and operated cooperative association on the Pine Ridge Reservation in South Dakota. Its membership is made up of small family buffalo caretakers who respect the buffalo and the land.

Buffalo raised by members:

Live on open ranges, never in feedlots
Eat wild grasses their entire lives
Are Free from antibiotics and hormones
Respectfully harvested in the field

Members of the LBCC are committed to the restoration of the northern plains ecology, self-sufficiency and strengthening the sovereignty and self-determination of the Oglala Lakota Nation and all indigenous peoples. To the best of our knowledge, the LBCC is the only Native American run cooperative of small family buffalo caretakers in the United States.

Village Earth helped to establish the LBCC starting in 2007. The LBCC was officially incorporated in South Dakota August of 2008. The LBCC has partnered with the Fort Collins based Allied Natural Meats, LLC. which will function as its fair-trade distribution partner. The LBCC currently has the capability to ship wholesale orders throughout the country. However, at this time, the LBCC and Allied Natural Meats, LLC are only set up to do online retail sales in the Fort Collins, Colorado area but hope to be selling national via mail order soon. For more information please visit the LBCC website at http://www.lakotabuffalocaretakers.org.

2009 Pine Ridge Study Tour

2008-12-18T15:57:00.003-07:00

Village Earth and its community partners on the Pine Ridge Reservation in South Dakota are putting together a study tour June 20th-27th, 2009.

If you are interested in participating please contact david@villageearth.org.

Schedule subject to change. Please keep visiting this post for updated information.

Below are some highlights of some of the things to expect.

Visit Village Earth's Community Partners and Their Projects Across the Reservation.

Lend a Hand In Community-Based Projects
Above Photo taken at the 2005 Sustainable Nations Training on Pine Ridge

Become a Part of Land Recovery and Bison Restoration on Pine Ridge

Mapping for Change on Pine Ridge

2008-10-27T10:03:00.002-06:00

Land issues on Native American Reservations are extremely complex and masked by layers and layers of bureaucracy. The old axiom, knowledge is power is the name of the game. But the game has changed with the advent of computerized mapping such as GIS (Geographic Information Systems) which has created a common platform for the exchange, creation, analysis, and presentation of geographic information. Where in the past, geographic information was stored deep in filing cabinets, hard to comprehend, and controlled by a few gatekeepers, GIS has allowed us to democratize this information, making it more accessible and more understandable. This approach is not new. Decolonization theorist Frantz Fanon recognized the importance of mapping in his classic 1961 work, “The Wretched of the Earth”, when he said “The colonial world is a world divided into compartments Yet, if we examine closely this system of compartments, we will at least be able to reveal the lines of force it implies. This approach to the colonial world, its ordering and its geographical layout will allow us to mark out the lines on which a decolonized society will be organized.” Edward Said mirrored these comments when he said: “the "slow and often bitterly disputed recovery of geographical territory which is at the heart of decolonization is preceded--as empire had been--by the charting of cultural territory."

Village Earth's work with the Oglala Lakota on Pine Ridge is a good illustration in how mapping can be powerful tool for decolonization, but to understand how, requires a look back at the history of land issues for Native Americans in general and on Pine Ridge specifically.

Between the period of 1492 to 1887 Native Americans were left with a territory that consisted of only 150 million acres of land. Furthermore, the practice of communally managed lands by some tribes was viewed by the Federal Government as a non-productive and irrational use of resources. To address these interests, in 1887 the U.S. Congress passed General Allotment Act (GAA) also known as the Dawes Severalty Act. The purpose of the act was to liquidate Indian land holdings by dividing the land up into 40 to160-acre allotments to heads of households. After all the allotments were issued remaining lands in the West, which totaled over 60,000,000 acres, was opened up to homesteaders. Along with the liquidating nearly 2/3rds of all “surplus” Indian lands, The GAA also created several contradictions for the use and inheritance of the remaining lands that would have deep implications for virtually all aspects of life for Native Americans. It broke apart communally managed lands into individually owned parcels destroyed the ability of many communities to be self sufficient on already limited and marginal lands.
It disrupted traditional residency patterns, forcing people to live on allotments sometimes far from their relatives, eroding traditional kinship practices across many reservations.

Forced Fee Patenting, introduced with the 1906 Burke Act, amended the GAA to give the secretary of the interior the power to issue Indian Allottees determined to be “competent,” fee patents making their lands subject to taxation and sale. According to the Indian Land Tenure Foundation, nearly 27,000,000 acres of land was lost as a result. Although the practice of issuing forced fee patents and forced leasing ended in 1934 with the passing of the Wheeler-Howard Act, the effects are still felt today. In that many families are landless because an ancestor was issued a fee patent and lost their land through tax forfeit or bank foreclosure.
Indian Allottees determined to be “incompetent, ” under the Burke Act, were not allowed to live on or utilize their allotment, instead it was leased out by the Federal Government to oil, timber, mineral, and grazing interests.
Under the GAA the land alloted to Individual Indians is not really owned by them, rather it is held in Trust by the Federal Government. This means the land can be used by the Allottee but not sold. This situation has severely limited the ability of Indian landowners to develop assets on their lands including housing, business, and other infrastructure because they are not able to use it as a guarantee for loans.

The GAA also established a system for how lands would be inherited from a landowner to his children. Since the practice of creating a Last Will and Testament before death was not common and in some cases was outright offensive to the traditional inheritance practices of some Native American cultures, these lands passed from one generation to the next without clear divisions of who owned what. After several generations lands have become so fractionated that you might have as many as several hundred landowners on one piece land. This has created a severe obstacle today for individuals and families wanting to utilize their lands as they need to get permission from at least 50% of the land owners on decisions related to the land.

With financial support from the Indian Land Tenure Foundation, Village Earth is developing Strategic Land Planning Map Books, a sort of “land recovery atlas” of the Pine Ridge Reservation, to provide the information necessary and clarify the steps for Native American Land owners to identify, consolidate, and utilize their lands. It contains easy to understand instructions and diagrams on how landowners can use the descriptions from their “interest reports” (a sort of Tribal land title created by the Federal Government) to locate maps of their lands, instructions and procedures for consolidating lands, removing lands from the Federal leasing program, partitioning lands, and creating wills. It also contains maps of the current leasing patterns as well as maps of the traditional communities that were broken apart by the Dawes Act and federal housing programs. In conjunction with a series of strategic land-planning workshops, one-to-one consultation, and training a corps of local land-planning consultants in each district, we hope to help reverse some of the damages created by 120 years of exploitative land policies on the Pine Ridge Reservation. For more information about this project contact David Bartecchi david@villageearth.org.

More Buffalo Delivered to Pine Ridge

2008-09-29T10:04:00.004-06:00

This weekend, Village Earth delivered 7 more buffalo to the Pine Ridge Reservation in South Dakota. These buffalo were donated by the Danylchuck Buffalo Ranch in Rye, Colorado . This is the 5th year that the Danylchuck's have donated buffalo to Lakota buffalo ranchers on Pine Ridge. We loaded the buffalo as soon as the sun rose Saturday morning and were quickly on the road, headed north to South Dakota. All the animals received the necessary vaccinations and certifications for interstate travel.

The Adopt-A-Buffalo program is part of Village Earth's larger initiative to support Lakota families to recover their lands from the BIA leasing program and utilize them on their own. Currently, over 60% of the Pine Ridge Reservation is being leased out, oftentimes to non-tribal members for a fraction of their value while Lakota families struggle to find regular employment.

Naturally, this situation has had a dramatic impact on the overall economy on Pine Ridge. According to the USDA 2002 Census of Agriculture for American Indian Reservations of Montana, North Dakota, and South Dakota, in 2002 there was nearly 33 million dollars in receipts from agricultural production on Pine Ridge, yet less than 1/3rd of that income went to members of the tribe. According to GIS data published by the BIA, 20 people control more than 46% of the land-base on Pine Ridge.

Village Earth supports the broader land-reform movement across Indian Country which seeks to enhance the sovereignty of Native American's by strengthening their control over their natural resources.

$455 Million, Adding Insult to Injury

2008-08-11T12:24:00.003-06:00

Federal District judge Robertson recently ruled that the U.S. Government owes Native Americans $455 million dollars as "proper repair" for the estimated $47 billion that the Government never paid individual Indians for income generated from over 120 years of managing oil, gas, grazing, timber, and mining leases on their lands. This ruling came after nearly 16 years of litigation in the largest ever class action lawsuit against the federal government - representing some 500,000 individual Indians whose lands were being leased out by the federal government. On Tuesday Eloise Cobell, the lead plaintiff, appeared on Democracy Now! to announce her intent to appeal this decision. In the words of Mrs. Cobell:

"The opinion is both profoundly disappointing and difficult to understand. It disregards unchallenged evidence of record, law of the case, law of the DC Circuit since 1895, and settled law as set forth by the United States Supreme Court.

Among other things, duties and responsibilities of the US government as Trustee for the Individual Indian Trust are the same as those that apply to private trustees, unless Congress expressly has enacted legislation to the contrary. No such legislation has been enacted.

Accordingly, the unwillingness of the district court to apply trust law is puzzling. So is its unwillingness to hold the government accountable for its egregious breaches of trust. The district court now says that holding the government accountable would be unfair to the government. The complete lack of concern for fairness to victims of 120 years of abuse is utterly incomprehensible to Native People."

Village Earth is working at "ground-zero" on this issue. While we support Cobell's efforts to seek justice from the Federal Government and force them to repair this horribly flawed system, we are working to help people reclaim and consolidate their lands from the Federal leasing system giving them an opportunity to bennefit directly from them on their own.

Pepper Creek Gardening Project

2008-07-29T09:36:00.005-06:00

(Above: Pete rakes cut grass on his land for feed for goats and other animals he's raising)

In the heart of Pine Ridge's Wounded Knee District, a few miles up a dirt road west of Manderson lies Pepper Creek and the location of Pete Stand's growing farm project. According to Pete, he's just trying to make a better life for his kids and provide fresh vegetables to the local community. With a tractor recently purchased with a small grant from Village Earth, Pete is reclaiming old 1800's farm implements used by his grandfather during a time before the relocation programs of the post WWII era and the HUD cluster housing projects of the 60's and 70's when families across the reservation lived on their allotted lands and grew much of their own food. Along with working seasonally for area ranchers, Pete is carving out his own niche by growing vegetables, raising goats, horses, and chickens and with the help of area extension agent Sean Burke, Pete plans to expand into raising pigs and ducks.

(Above: Pete adjusting the 1800's era rake his grandfather used to use)

Pete is part of a growing movement of people on the Pine Ridge Reservation tired of living in the deteriorating housing projects with few options for work. A situation is compounded by the growing epidemic of diabetes on the reservation caused, in part, by the lack of access to fresh fruits and vegetables. It's a terrible irony that the poorest communities in America often pay the most for food and that highly processed foods tend to be the cheapest source of raw calories. This certainly holds true for the Pine Ridge Reservation but people like Pete Stands and others across the reservation are working to create a more equitable and localized food-web.

Village Earth first learned about Pete's project from Calvin White Butterfly who is working to mobilize Tiyospayes (traditional sub-communities comprised of extended families) within the Wounded Knee District to utlize their lands to develop projects that enhance local self-reliance and cultural self-determination. We would like to thank Honor the Earth and the support of our donors for making these projects possible.

For more information contact: david@villageearth.org

Proposed Findings of Fact for 43 Billion Dollar Suit Against Government

2008-07-16T09:44:00.002-06:00

On July 11th, 2008 the Cobell plaintiff's posted on their website a proposed "Findings of Fact and Conclusions of Law" (download complete document here) from their landmark 43 billion dollar class action lawsuit against the Department of Interior for mismanagement and theft of lease revenue from the lands of over 500,000 Native Americans.

According to the document:

"These findings and conclusions are the result of a nine-day bench trial in June 2008.1 Plaintiffs seek the equitable remedy of restitution and specific relief for Individual Indian Money (IIM) that was collected by the government as trustee and which the defendants are unable to establish was properly disbursed to a beneficiary, in addition to an amount representing the benefit to the government from retention of these funds. This trial was set for the purpose of determining the dollar amount of that remedy.

Earlier this year, in findings issued January 30, 2008, this Court noted that one of the questions which was addressed in the bench trial held in the October 2007 trial was the dollar amount of the IIM trust “throughput,” i.e., the funds that have flowed into and out of the IIM trust. Cobell v. Kempthorne (“Cobell XX”), 532 F. Supp. 2d 37, 82 (D.D.C. 2008). However, the parties’ efforts to determine throughput in the October 2007 trial were found to be lacking and based on “sparse and largely unsupported evidence.” Cobell XX, 532 F. Supp. 2d at 82. Accordingly, the Pretrial Order for the present trial provided that while the January 30 findings would serve as a starting point, the parties were expected to adduce further evidence on this core issue. See Pretrial Order at 1.

The findings and conclusions set forth herein, derived from this trial and the extensive record developed in this litigation, support and explain this Court’s decision that plaintiffs are entitled to restitution of $46,851,210,000.00, which represents the accumulated benefit conferred on defendants, net of amounts currently recorded on behalf of Individual Indian Trust beneficiaries. Jun. 2008 PX-189. Alternatively, plaintiffs are entitled to the funds withheld and interest pursuant to the government’s statutory duty to pay such interest (i.e., specific relief) in the amount of $62,018,970,000.00, which is net of amounts currently recorded on behalf of Individual Indian Trust beneficiaries. Jun. 2008 PX-192. These amounts should be ordered to be paid forthwith into the Registry of the Court."

For more information visit: www.indiantrust.com

New Book About America's Underground Food Movement Features VE's Projects on Pine Ridge

2008-07-07T22:43:00.005-06:00

Author Sandor Ellix Katz profiles "the cutting edge of food activism" in the United States in his latest book "The Revolution Will Not Be Microwaved." From seed saving, land and labor struggles, and cultural survival to slow and raw food Katz highlights some of the grassroots efforts that are working to transform the current corporate driven, fossil fuel dependent, and inequitable food paradigm. One of the efforts described in his book is Village Earth's Lakota Lands Recovery Project on the Pine Ridge Reservation which is working with Lakota families to combine the restoration of grassfed bison herds with the recovery of Reservation lands to the control of individual indian allottees and their families. Alongside these efforts is the development a program to link sustainably/respectfully raised bison to the local and regional food web.

We appreciate the recognition and recommend that anyone who is interested in learning more about the problems with America's food system, but more importantly, what's being done to change it, should purchase Katz's book.

JUDGE HOPES TO RULE BY MID-JULY IN INDIAN TRUST CASE

2008-06-25T11:07:00.000-06:00

Reposted from: http://www.indiantrust.com

WASHINGTON, JUNE 19 -- U.S. District Judge James Robertson said today he hopes to issue a ruling by mid-July on how much money Indian Trust beneficiaries failed to received as a result of the government's mismanagement of their money.

The judge made his announcement shortly before noon after the government concluded its evidence at a eight-day trial on the issue.

The trial will resume Tuesday at 9:30 a.m. when lawyers for the Indian plaintiffs present a final rebuttal witness in the proceeding.

Lawyers for both the Indians and the government then will present closing arguments.
Judge Robertson said both sides will be asked to submit written briefs outlining recommendations for his ruling.

The judge has stated previously that he hopes this proceeding will be the final trial in the 12-year-old class action lawsuit. It was filed in 1996 by Elouise Cobell, a Blackfeet Indian from Montana, over trust accounts that the federal government established for an estimated 500,000 Native Americans.

Lawyers for the Indians have said that the government owes the Indians $58 billion as a result of its use of Indian money since the trust was established in 1887. The government is contesting those figures, arguing that the Indians lost no more than $158 million over the 121 years that the trust has been in operation.

contact: Bill McAllister 703 385-6996

2008 Pine Ridge Study Tour Lays Solid Foundation

2008-06-16T13:39:00.003-06:00

Above: Participants to the first annual Pine Ridge Study Tour.

This was the first year that we offered a "study tour" experience on the Pine Ridge Reservation in South Dakota and I am happy to say that it has a laid a solid foundation for future tours organized by Village Earth.

The tour visited community-based development projects supported by Village Earth related to land tenure, buffalo restoration, and the empowerment of traditional cultural organizations. Each day the participants were visited a different site or project on the reservation with interpretation from local Lakota guides. There purpose of the tour was to explore and test the potential for community-based tourism geared towards educating tourists on both the historical and current realities of the Reservation and Federal Indian policy from a Lakota perspective but also to see and learn about the constructive ways groups on the Reservation are trying to transform it.

We made every effort, during the week long tour, to ensure that as much money as possible from the tour went directly to Lakota businesses and families on the reservation by staying at the Lakota run "Odd Duck Inn" run by Mark St. Pierre and Tilda Long Soldier, we hired all local guides, and hired local families to cook meals for the group. Plus, the participants purchased most of their crafts directly from producers across the Reservation. Plus, the participants got access to a side of the reservation that few people have the privledge to experience. In all it was a great succes and we look forward to hosting another tour next year.

If you have a group that is interested in organizing a similiar tour you can contact David Bartecchi.

BOOKS FOR BUFFALOS BENEFIT

2008-05-15T15:23:00.002-06:00

Saturday, June 7, 10am-6pm
HOOKED ON BOOKS
3918 Maizeland @ Academy, Colorado Springs, CO.

This very special community event is being sponsored by HOOKED ON BOOKS. The owner, Mary Ciletti, will donate 10% of book sales that day toward the purchase of buffalos for the Pine Ridge Reservation. The Gioia Supper Club and Friends will be present and offer the following services for sale:

Jim Ciletti, Buffalo Bard, will write personal poetry while-you-wait.

Dr. Ann Frank will offer her services as Ask Dr. Ann About Your Life.

Diana DiMara and Susan Krassy will be selling buffalo cookies, buffalo bites, buffalo bundt cake and other range delights.

Marsha Sterling will donate all the proceeds from the sale of her handmade books.

Diana Elmore will assist in reading messages from animal totems.

Jontrea Elmore will offer face painting.

There will be live music throughout the day: Eddie Three Eagles will play flute. Robert Loewe will play the keyboard.

There will be door prizes and a general air of celebration and FUN FUN FUN.

Buffalo are purchased through the Adopt-A-Buffalo Campaign, through Village Earth, a not-for-profit organization located in Fort Collins.

Why buy buffalo for Pine Ridge?

*They help restore the native ecology of the area. They are a ‘keystone’ species that enhance the grasses over time and whose hooves aerate the soil. Other animals return as the land begins to flourish again. *Raising buffalos increases the self-sufficiency of the Lakota families and strengthens the extended family *Buffalos provide sustainable and equitable land utilization.

benefit info: Marsha Sterling, 575-0222 buffalo info: david@villageearth.org

NPS Develops Management Plan for Badlands South Unit

2008-03-27T13:14:00.003-06:00

The National Park Service has begun working on a General Management Plan for the South Unit of Badlands National Park. The public is invited to submit comments (59 KB PDF) and make suggestions during this important process. Comments on Newsletter #1 Winter 2008 (693 KB PDF) are due April 11, 2008.

Some of the issues under consideration in the plan include:

General Management Plan (GMP) - As Described in Newsletter #1 Winter 2008

According the GMP, The following concepts range from continuation of current management or shared management to management by an entity other than the NPS. Congressional action would likely be required to put into effect alternatives based on these concepts.

CONCEPT #1
The NPS would continue to manage the South Unit as one of two units of Badlands National Park. All the laws, regulations and policies pertaining to units of the National Park System would remain in effect, as would the specific enabling legislation that established the park. In addition, the 1976 Memorandum of Agreement between the NPS and the OST would remain in effect.

CONCEPT #2
Management of the South Unit of Badlands National Park would be shared by the NPS and the OST. The NPS and OST would work together to manage resource protection and visitor use in the South Unit. The laws, regulations, and policies pertaining to units of the National Park System would remain in effect, as would the specific enabling legislation that established the park and any appropriate OST ordinances and resolutions. The NPS and OST would renegotiate the 1976 Memorandum of Agreement to reflect the changed relationship between the two parties. The NPS and the OST would each contribute funding and staff for management of the South Unit.

CONCEPT #3
The South Unit of Badlands National Park would be managed by the OST with technical assistance provided by the NPS. The primary management responsibility for the unit would rest with the OST, while NPS could assist the OST with technical guidance in resource management and visitor use as requested, or as required by authorizing legislation. This concept could be implemented by recreating the South Unit as an affiliated area of the National Park System or by establishing a separate new unit of the National Park System. In either instance, all the laws and policies pertaining to units of the National Park System would remain in effect. The mechanism for funding varies depending on whether the South Unit would remain within the National Park System or become an affiliated area.

CONCEPT #4
The lands of the South Unit would be managed by OST as a Tribal Park/Preservation Area or in some other manner determined by the Tribe, in accordance with Tribal ordinances and resolutions. Staffing and funding would be the responsibility of the Tribe. This concept would deauthorize the South Unit of Badlands National Park and end NPS management there.

Note: If Concept 4 were to be selected, a GMP would not be needed, because the South Unit would no longer be a part of the National Park System. In that case, the following information about resource management and visitor use options would not apply.

Prairie Dog Management Plan and Environmental Assessment

The NPS favors the creation of a series of zones for prairie dog management.

Prairie Dog Buffer Zone - In this one-quarter mile buffer on park lands adjacent to private lands, prairie dog control would be initiated by private landowner complaint. If 80% of the problem prairie dog colony lies within the buffer zone and encroachment is evident, the entire prairie dog colony would be controlled. All other buffer towns would be managed so that the aggregate buffer zone acreage does not exceed the estimated 2006 acreage of prairie dog colonies in the buffer zone.

Bison Management Zone - In the bison management zone, prairie dog populations would be managed to balance their food needs with the forage requirements of the bison. Prairie dog populations would be allowed to fluctuate naturally in densities and acreage until the point that the acreage of prairie dogs plus the acreage used by the bison herd exceeds roughly one-half, or 50-60%, of the available suitable habitat for both species.

Prairie Dog Free Range Zone - In this zone, prairie dog populations would be allowed to fluctuate naturally in numbers and in total acreage of colonies. Any prairie dog control would be limited to administrative areas where prairie dog colonies conflict with other park management goals or objectives.

Prairie Dog Control Zone - In this zone, prairie dogs would be managed to occupy from 7 to 15% of the available suitable habitat (currently they occupy 7% of suitable habitat in this zone). This zone includes the remainder of North Unit lands that are not managed under one of the other three zones.

*Maps of each zone are included in the report.

ORGANIZATIONS FROM FIVE STATES JOIN TOGETHER TO ADDRESS PROPOSED URANIUM MINING

2008-03-19T10:23:00.001-06:00

PRESS RELEASE

March 17, 2008

FOR IMMEDIATE RELEASE

ORGANIZATIONS FROM FIVE STATES JOIN TOGETHER

TO ADDRESS PROPOSED URANIUM MINING

ALSO: Uranium Hearing in Rapid City, SD
April 2 and 3, 2008 - Wed. and Thurs. 8:30 AM (MDST) (more below)

CASPER, WY - Organizations from Wyoming, North and South Dakota, Nebraska, and Colorado met in Casper, WY, on Saturday, March 15, to discuss their joint concerns about uranium mining in the Northern Great Plains. Citizens from ten organizations are voicing their concerns about surface and ground water, human health, and local property values.

Defenders of the Black Hills, South Dakota Sierra Club, and ACTion for the Environment attended from South Dakota, which faces mining proposals along the southern Black Hills. The Powder River Basin Resource Council and Biodiversity Conservation Alliance came from Wyoming, where exploratory and mining permits have been applied for in the state. Coloradoans Against Resource Destruction traveled from the northern part of Colorado where uranium mining is also proposed near Fort Collins. Western Nebraska Resources Council, Nebraskans for Peace, and Nebraska Sierra Club arrived from northwest Nebraska where Crow Butte Resources is seeking to expand their uranium mining operations. Members of Dakota Resource Council from northwestern North Dakota are also facing new plans for uranium mining in their part of that state.

In all five states, companies plan to use 'in situ' leach mining (ISL) which injects a dissolving solution underground into suspected uranium deposits. The solution dissolves the uranium and its radioactive decay products, as well as heavy metals. This radioactive solution is pumped to the surface. The uranium is then removed and shipped to a mill for concentration into "yellowcake." The water is re-treated and then injected back underground in a cycle that continues until all the uranium has been extracted. Reverse osmosis is then often used to remove some of the toxics from the water, and the remaining liquid is either injected underground or retained in shallow ponds. Numerous uranium mining companies are making plans throughout the West as a result of recent increases in the price of uranium.

"In Wyoming, there are significant questions about regulation and oversight of uranium operations," according to Wilma Tope, Powder River Basin Resource Council Board Member. "Citizens need to have a stronger voice in uranium activities." Wilma's family owns a ranch in Crook County, WY, and has banded together with other local residents to pressure regulators to ensure adequate protection of local water supplies - both quality and quantity.

In South Dakota, Powertech Uranium Corporation has started drilling more uranium exploratory wells in an area where they already have 4,000 wells in the southwestern Black Hills. "It's already been proven world-wide that ISL mining contaminates aquifers and then those aquifers cannot be restored to their previous state," said Charmaine White Face, Coordinator for Defenders of the Black Hills. "South Dakota relies very heavily on aquifers for drinking water and livestock use. We've been in a drought for the last ten years and the last thing we need to do is poison our water," she said.

ACTion for the Environment is very concerned that South Dakota taxpayers will once again have to take on the toxic messes that are left when a mining company leaves as happened previously with Canadian companies. Powertech is a Canadian company. "The Board of Minerals and Environment should remember what happened when they gave approval for the Brohm gold mine. Now SD people are paying for that mess. Are we going to have to pay for a radioactive mess left by another Canadian company?" said Gary Heckenliable of ACTion for the Environment. "Not only South Dakota residents but all the taxpayers of the United States are going to have to pay for this for many, many years to come," he said.

Coloradoans Against Resource Destruction (CARD), formed last year in response to Powertech's proposal to mine in the rapidly-growing area near Fort Collins. "Of course uranium mining always causes some form of contamination. Water at in situ leach mining sites is not returned to its original condition," said Jackie Adolph, a member of CARD. "Most people don't know that federal policies that subsidize the nuclear industry aren't just about power plants. The nuclear industry's largest negative impacts have always been in uranium mining and milling processes."

In Nebraska, Crow Butte Resources (a subsidiary of the Canadian company Cameco Corp.) is seeking to expand one the largest and oldest ISL mines in the country. Organizations have intervened in the NRC's licensing procedures. "We are particularly concerned about protection of local water supplies and cultural resources," said Buffalo Bruce, Vice Chair of the Western Nebraska Resources Council. "The NRC has failed to fulfill its duties under the Trust Doctrine, which protects indigenous rights granted to Native American populations under U.S. treaties."

North Dakota just recently started public hearings to accept comments on ISL mining in that state. Ken Kudrna, a member of Dakota Resource Council, lives only a few miles from where uranium mining is planned to begin.

The groups have issued a common statement:

"We want the uranium industry to know that we stand together on this issue. Whether in a rural setting or a populated area, uranium mining causes radioactive contamination. Past uranium sites continue to contaminate the air, land, and water. Any bonds designed to pay for clean-up of former mining areas have not been sufficient, and taxpayers have been forced to pay the bill. We call on the public and all elected officials to do everything possible to protect the water, land, and local economies from proposed uranium activities."

More information can be found at:

Defenders of the Black Hills: www.defendblackhills.org

Coloradoans Against Resource Destruction: www.nunnglow.com

Powder River Basin Resource Council: www.powderriverbasin.org

Nebraskans for Peace: http://www.nebraskansforpeace.org/

Contact: Charmaine White Face: (605) 399-1868 Shannon Anderson: (307) 763-1816

+++++++++++++++++++++++++++++++++

Uranium Hearing in Rapid City, SD
April 2 and 3, 2008 - Wed. and Thurs. 8:30 AM (MDST)

On March 12, 2008, the SD Water Management Board held a hearing in Pierre, SD, on changes to the rules for Chapter 74:55:01 - 74:55:01:61 Underground Injection Control -- Class III Wells. The changes are being made to coincide with the changes that the Board of Minerals made last year to accommodate 'In Situ Leach' uranium mining. However, as the Board violated state law in cutting off the time for submitting written comments to three weeks before the hearing, a continuation was sought and obtained.

The Water Management Board has continued the hearing for April 2 & 3, 2008, in the Angostura and Deerfield Rooms at theRadisson Hotel on Mount Rushmore Road and Main St., Rapid City, SD. The Hearing will begin at 8:30 AM with a presentation on ISL Uranium Mining by Powertech Uranium Mining Company. General comments and specific comments for changes to the rules will follow. The Board is asking that spokespersons for groups present their comments and not repeat what has been stated previously.

One of the most important rules being considered is 74:55:01:24, Designation of exempted aquifers. With a ten year drought in the Region, with changing weather patterns and global warming, it is very important to maintain underground sources of water for the years to come. We strongly encourage everyone to ask for a copy of the rules by calling 605-773-3296, on the Internet at http://www.state.sd.us/denr/DES/Ground/grundprg.htm

We also ask as many people as possible to attend this hearing to show your support for keeping our groundwater intact and unpolluted with disturbed uranium. In every place in the world where groundwater has been disturbed for In Situ Leach uranium mining, the groundwater has NOT been able to be restored to its previous condition.

THIS IS A VERY IMPORTANT MEETING FOR THE FUTURE OF THE REGION'S GROUNDWATER SOURCES.

Oglala Tribe to Amend Constitution and Bylaws

2008-03-17T16:51:00.002-06:00

On Tuesday April 22nd, the Oglala Sioux Tribe will host a secretarial election to amend the Constitution and Bylaws for the Pine Ridge Reservation of South Dakota. The opinion article by Tim Giago from the Mitchell Republic Newspaper posted below outlines some of these amendments and raises concern that to be eligible to vote in this election tribal members must have resided within the reservation boundaries for a period of one year prior to the election. While this excludes a large percentage of tribal members (e.g. those who live off the reservation), it is based on Title 25, Code of Federal Regulations Part 81.11 and Article VII of the existing Constitution and Bylaws of the Oglala Sioux Tribe.

Based on the number of phone calls I have received, it is clear that there is a great deal of confusion among tribal members about the intent and implications of these amendments but also the eligibility criteria for voting. I would like to invite readers of this blog to post their concerns and reactions to these issues on this blog so we might expand the range of the dialogue and share more perspectives on these important issues.

++++++++++++++++++++++++++++++++
Tim Giago syndicated columnist
Published Monday, March 17, 2008
From http://www.mitchellrepublic.com

There are many Oglala Lakota people that are not living on the Pine Ridge Reservation of South Dakota that are under the false impression that they are still citizens. Wrong!

One of the most important secretarial elections in the history of the Oglala Lakota will be held on April 22 and in order to vote in that election a supposed tribal member must live on the reservation and must have lived there for at least one year.

Election Board Member George Patton said, “We need to make it very clear that if you want to vote in the upcoming secretarial election you have to be registered and in addition to returning your registration form you need to have lived on the reservation for at least one year to vote.”

A secretarial election is one that is sponsored by and must be approved by the Secretary of the Interior. This election will bring nine very important changes to the Constitution of the Oglala Sioux Tribe. Keep in mind that the secretarial elections in 1985 and 1997 allowed ALL tribal members to vote. But now, because of a lack of funds, nearly 50 percent of the Oglala Sioux Tribe’s citizens will be disenfranchised.

Nine changes to the OST Constitution will be on the ballot. All nine will affect the lives of the Oglala Lakota people whether they live on the reservation or not. Keep in mind that many Oglala Lakota left the reservation to find jobs because of the nearly 50 percent unemployment rates on the reservation. And now, because they left home in order to provide for their families or to go to college, they are to be denied the right to vote on their own future.

There are nine changes to the OST Constitutions on the ballot.

Four year staggered terms for tribal council representatives and four year concurrent terms for the president and vice president.
Instead of quarterly council meetings the council would be mandated to meet at least one day each month, the last Tuesday of each month.
Restructure the judicial power of the OST by creating a true separation of powers between the council, the courts, and the executive by having a court system created by the Constitution not by the council, by establishing a process to appoint and remove judges and by revising the jurisdiction of the OST.
Revise the process of becoming an enrolled member of the OST by removing the residency requirement from the membership enrollment criteria.
To insulate the OST Treasurer from the political process and remove the Treasurer from the OST executive board, select for a six year term with a requirement of CPA background with five years of tribal government experience.
Mandates the council to adopt a code of ethics within one year of passing which may be revised only by referendum vote.
Establish a bill of rights for members and non-members.
Strengthen and clarify the removal and recall process for elected officials of the OST.
Provide an opportunity to vote on a new name for the tribe: Oglala Lakota Nation, Oglala Lakota Oyate or keep the same name, Pine Ridge Reservation.

Why all of these Constitutional amendments? “We are hoping to streamline the election process. We want to provide an opportunity for as many people as possible to vote on these proposed constitutional changes,” Bob Ecoffey, an election board member and Pine Ridge Agency Superintendent said.

There is little doubt, and all tribal members know this whether they live on or off of the reservation, that these changes to the OST Constitution are badly needed. We have seen council members and even tribal presidents recalled or removed from office without due process. The removal of President Cecilia Fire Thunder is one glaring example.

The newly established Secretarial Election Board includes Bob Ecoffey, BIA superintendent, George Patton, OST attorney, and Craig Dillon, tribal council representative from the LaCreek District.

If the rumors are true that nearly 50 percent of the Oglala Lakota people are to be disenfranchised because of the lack of funds to include them in the election process, then something is seriously wrong. A Nation does not deny its own people the right to vote.

Every Oglala Lakota is included in the head count when it comes to establishing the population of the tribe. And now, if they move off the reservation to go to college or to find a job to provide for their families, they are denied the right to vote in an election that will also have a profound impact upon their lives. It is wrong!

If you are an Oglala Lakota and also find this wrong, call Warren LeBeau at 605-867-5125 and get the information you need to protest this miscarriage of justice. Or call members of the Secretarial Election Board or even the office of the Secretary of Interior himself.

Indian trust trial could lead to big U.S. payout

2008-03-08T18:05:00.001-07:00

by Chris Casteel
Washington Bureau
The Oklahoman, Oklahoma City

Reposted From: www.indiantrust.com

WASHINGTON — Committed to ending a long-running and contentious lawsuit, a federal judge Wednesday ordered a June trial that may determine whether the federal government owes billions of dollars to American Indians for mismanaging their trust accounts.

"It is time to bring this matter to a close with a decision of one kind or another,” U.S. District Judge James Robertson said at a hearing.

Robertson, the second judge to preside over the class-action lawsuit filed in 1996, gave the Indian plaintiffs two weeks to file a claim detailing how much money has been lost by individual Indians since 1887 because of the government's breach of its trust duties.

He gave government attorneys a timetable for responding and said he would begin a trial on June 9.

"I am absolutely committed to getting this case resolved with something like a final judgment this summer,” Robertson said.

Dennis Gingold, the lead attorney for the Indians, said after the hearing on Wednesday that he didn't know how much money the Indians would seek but that it would be in the billions.

When Congress was working to resolve the case legislatively two years ago, the Indians said that they would accept $27.5 billion.

Gingold said he didn't know whether the claim now would be more than that.

Background on the case
The lawsuit filed in 1996 has taken many a winding trail since the Indian plaintiffs first accused the government of mismanaging their trust accounts and asked for a proper accounting of their funds.

The trust accounts were created to hold the proceeds from oil and gas drilling, grazing, timber cutting and other uses on individual Indians' land. There are about 300,000 individual account holders, an estimated 53,000 in Oklahoma.

After decades of complaints about mismanagement, Congress passed a law in 1994 requiring reforms in the trust system and an accounting of how much money Indians should have. The Indians sued under that law, claiming the government was not complying.

Robertson ruled in January that accurate re-creations of accounts going back more than a century would be impossible and said it was time to end a case that has seen several trials, top government officials held in contempt of court, numerous appeals and the removal of the first judge in the case.

His ruling was a victory for the Indians, who had long claimed that an "historical accounting” couldn't be done because millions of records had been lost or destroyed.

U.S. Justice Department attorney Robert Kirschman told Robertson on Wednesday that the Indians weren't entitled to "damages” in the case because they didn't seek them when they filed the case.