Pine Ridge Project Blog

NPS Develops Management Plan for Badlands South Unit

Village Earth — Thu, 27 Mar 2008 19:14:00 +0000

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

Village Earth — Wed, 19 Mar 2008 16:23:00 +0000

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

Village Earth — Mon, 17 Mar 2008 22:51:00 +0000

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

Village Earth — Sun, 09 Mar 2008 01:05:00 +0000

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.

Pine Ridge Study Tour: June 7th - 14th, 2007

Village Earth — Thu, 06 Mar 2008 21:37:00 +0000

Village Earth and its community partners on the Pine Ridge Reservation in South Dakota are putting together a study tour June 7-14th, 2008.

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.

Participate in a Bison Land Stewardship Assessment

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

Donate Your Used Farm Equipment

Village Earth — Tue, 12 Feb 2008 17:36:00 +0000

Can't seem to sell that old tractor behind the barn? Village Earth might be able to help. We are currently accepting donations of used farm equipment for community-based land recovery projects on the Pine Ridge Indian Reservation in South Dakota. Receive a tax-deduction for 100% of the fair market value of your equipment while supporting sustainable development and self-determination of the Lakota Nation.

We are currently in need of:

Tractors
Chorrals
Squeeze Chutes
Panels
Barbed Wire
Fence Posts (wooden and metal)
Bobcats
Chain Saws
Saw Mills
Tillers
Etc.

Spring is just around the corner so make your donation today!

For more information or to schedule a pickup please contact: David Bartecchi david@villageearth.org

Strategic Land Planning on the Pine Ridge Reservation

Village Earth — Wed, 17 Oct 2007 17:22:00 +0000

Today, Village Earth launches a new section on our website to promote strategic land planning on Native American Reservations. While the site is focused on the Pine Ridge reservation, it is hoped that it will also provide information and resources for individuals and families interested in consolidating and utilizing their allotted lands on reservations throughout the United Sates.

Why Strategic Land Planning?

Approximately 24.5 percent of Native American's, an estimated 800,000 people, are living in poverty at or below the national poverty level. Despite this dire economic situation, Native Americans own a great deal of land, approximately 112,637.29 square miles, second only to the federal government. Yet, many Native American's have not been able to fully benefit from these vast resources because of various contradictions in the Federal land tenure policy for Indian lands. In particular, the obstacles created by the General Allotment Act (GAA) signed in to law in 1887.

Today, many Native Americans would like to live on and utilize their lands. However, from over 120 years of unplanned inheritance under the GAA, Indian lands have become so fractionated (divided from generation to generation) that in order for someone to utilize their lands for agriculture, business development, housing etc. they might be required to get the permission from hundreds or even thousands of individual land owners.

How Can Strategic Land Planning Help?

Village Earth supports individual land owners by providing education, resources, and support to analyze the different options they have for the management, use and inheritance of their lands, now and for future generations. But also, to choose an appropriate course of action and move towards it. This might include but is not limited to:

Consolidating fractionated pieces of land.
Creating wills to lessen further fractionation.
Creating agreements between landowners for the use of specific undivided allotments of land.
Accessing the resources, information and training needed to utilize their lands on their own.
Participating in Federal/Tribal land consolidation programs.

Village Earth's newly launched web resource will help consolidate and disseminate information and resources for individuals interested in strategic land planning. Indian land owners on Pine Ridge can also download an application to participate in Strategic Land Planning Initiative.

The URL for Village Earth's Strategic Land Planning Web Resource is: http://www.villageearth.org/pages/Projects/Pine_Ridge/SLP/index.php

Photos from the September 2007 Buffalo Pickup in Rye, Co.

Village Earth — Mon, 01 Oct 2007 17:02:00 +0000

Below are some pictures from the buffalo pickup this weekend in Rye, Colorado. 15 Buffalo, donated by the Danylchuck Ranch were delivered to Pine Ridge this weekend. The buffalo will be distributed between three families working together to recover land and restore the native ecology on the Pine Ridge Reservation.

The buffalo are carefully sorted into a tub to be guided down an alley into the trailers. Prior to transport all the buffalo must be tested for diseases and treated for parasites by a veterinarian.

The buffalo are then loaded into trailers for the Journey to South Dakota.

More Buffalo to Be Delivered to Pine Ridge

Village Earth — Thu, 13 Sep 2007 15:10:00 +0000

Village Earth's "Adopt-A-Buffalo" campaign, already in it's 4th year, will be delivering 15 more bison to the Pine Ridge Indian Reservation September 29th, 2007. The bison were donated by the Danylchuck Bison Ranch in Rye Colorado, their 4th donation of bison to-date. After receiving the necessary vaccinations and quarantining for cross state travel, the bison will make the long journey to south Dakota and will be released on the lands of Lakota Bison caretakers.

For a tax deductible donation of $500 you will receive a certificate of adoption for one of the bison in your name or in the name of a friend or loved one. The funds will be used to help develop and expand bison restoration on Pine Ridge with needed infrastructure such as fencing and wells. To date, Village Earth's "Adopt-A-Buffalo" campaign has helped start 2 new herds of buffalo and expand an existing one and in the last year alone has helped acquire over 2000 additional acres of land for bison restoration. Smaller donations are also welcome.

Click here to learn more about contributing to the Adopt-A-Bison Program.

Village Earth Partners with Indian Land Tenure Foundation on Strategic Land Planning on Pine Ridge

Village Earth — Tue, 04 Sep 2007 21:23:00 +0000

(Above: Map illustrating the problem of fractionation on the Pine Ridge Reservation)

Village Earth, was recently awarded a grant from the Indian Land Tenure Foundation to conduct a series of Strategic Land Planning workshops with up to three (3) groups of allottees who own undivided interests on the same allotment(s) on the Pine Ridge Indian Reservation in South Dakota. The purpose of these workshops is to provide the education, resources, and support needed by undivided interest owners to analyze the different options they have for the management, use and inheritance of their lands, now and for future generations. But also, to choose an appropriate course of action and move towards it. This might include but is not limited to:

Consolidating fractionated pieces of land.
Creating wills to lessen further fractionation.
Creating agreements between landowners for the utilization of specific undivided allotments of land for farming, raising livestock, housing, business development, tourism, etc.

The Indian Land Tenure Foundation is a nonprofit organization, based in Minnesota, that is community organized and community directed. The community includes Indian landowners, Indian people on and off reservations, Indian land organizations, tribal communities, tribal governments and others connected to Indian land issues. The mission of the foundation is to ensure that "land within the original boundaries of every reservation and other areas of high significance where tribes retain aboriginal interest are in Indian ownership and management."

WHY STRATEGIC LAND PLANNING
Nearly 1,067,877 acres of the Pine Ridge is owned by individual allottees. Over a century of unplanned inheritance has created a situation where lands have become severely fractioned. This has created a management nightmare where, in order for a land owner to utilize their undivided 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 land owners (Nearly 65% on Pine Ridge) have opted to lease their lands out as part of the Tribal/BIA range unit leasing system.

This situation has had a dramatic impact on the overall economy on Pine Ridge. Like other Reservations across the United States, fractionation has been a major obstacle to housing and business development but also native owned farms and ranches. 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.

Despite the fact that most people are leasing their lands out, according to a survey conducted by Colorado State University, it was found that most people on the reservation believe that the Lakota people should be managing reservation lands, not the non-tribal lessees, State or BIA. Despite this situation, many opportunities exist for undivided interest owners of an allotment including stopping further fractionation and even reversing the situation through the creation of wills, land consolidation, or forming cooperative agreements between land owners.

WHO IS ELIGABLE TO APPLY?
Because of the complex nature of land planning on Pine Ridge we have limited the workshop to three (3) groups of allottees who own undivided interests on the same allotment(s) on the Pine Ridge Indian Reservation.

HOW TO APPLY?
Applications can be obtained by contacting David Bartecchi at 970-491-5754, david@villageearth.org or online at

Completed applications should be mailed to:

David Bartecchi
Village Earth
PO Box 797
Fort Collins, Co. 80522

Application must be postmarked by Sept. 31^st, 2007.

OST and Brave Heart Buffalo Pastures Damaged by recent Wildfire

Village Earth — Wed, 11 Jul 2007 21:03:00 +0000

Below is a story reposted from the Rapid City Journal about a recent wildfire on the Pine Ridge Reservation. This fire destroyed part of the fencing shared by the OST Tribe and the Brave Heart Family, allowing their buffalo to get loose. We are currently accepting donations to help support the reconstruction of this portion of the fence and the recovery of the buffalo.

To learn more read the article below.

Reposted from Rapid City Journal

Stampede Fire spares buffalo, scorches pasture

Anyone who sees stray buffalo should call the parks and recreation authority at 455-2584

By Heidi Bell Gease, Journal staff

Most of the Oglala Sioux Tribe's buffalo herd has survived a fire that has so far burned 23,000 acres on Pine Ridge Indian Reservation.

But the Stampede Fire -- named for the herd's response to the flames -- has burned 17,000 acres of pasture that's home to about 300 buffalo.

"All the grass burned, so we're in the process of rounding them up and moving them to another pasture between Allen and Kyle," Birgil Kills Straight, executive director of the Oglala Sioux Tribe Parks and Recreation Authority, said Tuesday. "But at some point, we need to find more of a permanent place for them."

The parks and recreation authority manages the tribe's herd of about 680 buffalo. About 300 have been living in pasture near Slim Buttes, with another 380 or so held in pasture land near Allen. The herd provides buffalo meat for wakes and funerals, school and elderly meals, diabetes programs and other needs.

The Stampede Fire, still burning west of Pine Ridge started Saturday. Kills Straight said it burned through the middle third of the Slim Buttes' buffalo pasture first, then burned the rest of the land after the wind shifted later in the day. On Sunday morning, the fire was still burning in some of the pasture's deep canyons.

Most of the buffalo appear to have survived the fire, though Kills Straight isn't sure how. "They're smart, so they somehow escaped," he said.

He said crews had so far found just four older buffalo cows dead. They counted about 220 animals in the pasture area Monday, and on Tuesday, crews were conducting an aerial search to try to spot the rest.

Kills Straight said Page Baker, superintendent of Badlands National Park, had asked the Civil Air Patrol to help tribal authorities find any animals outside the burn area. Anyone who sees stray buffalo should call the parks and recreation authority at 455-2584.

Kills Straight said crews would use ATVs and horses Tuesday to move the herd toward an area where they could get hay and water. The animals will then be loaded into stock trailers and hauled 75 miles to the pasture near Allen, where they will join the rest of the herd.

"We might be able to hold them in that pasture for awhile," Kills Straight said, depending how many buffalo survived. "We have another pasture that's about 10,000 acres (near Oglala) that we need to fence immediately."

That alone will be a big job. Kills Straight estimates they'll need at least 4,000 new fence posts, plus lots of wire.

Meanwhile, Defenders of Wildlife, a national conservation group, has donated some hay for the herd. The Tribal Land Enterprise from Rosebud has also offered its help to get the animals through the winter.

The Stampede Fire was about 80 percent contained by Monday night, said Daigre Douville, fire management officer for the Bureau of Indian Affairs Pine Ridge Agency Fire Management Office. No structures are currently threatened.

A setback for firefighters on the Alabaugh Fire at Hot Springs proved to be a benefit for crews fighting the Stampede Fire last weekend. Two heavy air tankers called in to help with Alabaugh were instead used to fight the Stampede Fire, Douville said.

With fires raging throughout the West and firefighting resources in short supply, the Pine Ridge fire might not otherwise have had the aerial support.

"We just got lucky that day because they got smoked in (at Hot Springs)," Douville said. "Visibility was too poor, so we got to use them."

Without the tankers, he said, "it could have been worse."

An investigation team arrived Tuesday to determine the cause of the Stampede Fire. Two 800-gallon single-engine air tankers are stationed at Pine Ridge, and Douville said a strike team of volunteer engines from Pierre, Kennebec, Parker, Renner and Colman was also on hand.

Chief Alfred Red Cloud to Travel to Europe in June to Speak About Bison Project

Village Earth — Tue, 29 May 2007 15:35:00 +0000

Chief Alfred Red Cloud, 5th generation descendant of warrior/statesman "Makhpiya-Luta" (1822-1909), will be traveling to Luxembourg and France this June to speak about land recovery and bison restoration on the Pine Ridge Indian Reservation in South Dakota. Alfred and his Tiyospaye have been working with Village Earth since 2003 to recover, protect, and utilize their alloted lands in the southwest corner of the Reservation. They have also helped other families follow the same path, recognizing the relationship between land, cultural survival, and political sovereignty.

Watch a Short Video Below of Alfred Speaking About the Buffalo.

Chief Red Cloud is scheduled to speak:

LUXEMBOURG

June 25th - Coshoola espresso bar, Glacis business center 9, allee scheffer, l-2520 luxembourg - tel 00352 2762 3075 - 6 - 10pm.

June 26th - june 26 2007- Meeting with TELSTAR BOYSCOUTS WWW.TELSTAR.LU MONTESSORI CRECHE IN FINDEL LUXEMBOURG 530PM TO 7PM

June 26th - Haus vun der Natur, Route de Luxembourg, L - 1899 Kockelscheuer (8.00 p.m.)

PARIS

June 29th - TBA

If you are interested in scheduling a speaking event or interview with Mr. Red Cloud please contact David Bartecchi at david@villageearth.org or by phone at 1-970-491-0633.

View "THIS LAND IS OUR LAND" Online! VE's Documentary Short About Land Recovery on the Pine Ridge Reservation

Village Earth — Wed, 18 Apr 2007 23:49:00 +0000

"THIS LAND IS OUR LAND" explores the complex issues which hinder the efforts of residents of the Pine Ridge Indian Reservation to utilize their land base and chronicals Village Earth's efforts to support Lakota Tiyospayes to recover lands for self sufficiency and to restore the sacred bison.

2120 More Acres Recovered for Bison on the Pine Ridge Reservation.

Village Earth — Thu, 22 Mar 2007 22:22:00 +0000

With your support, Village Earth and our community partners on the Pine Ridge Reservation have recovered 2120 more acres of reservation lands to be used to restore bison herds on the Pine Ridge Indian Reservation in South Dakota.

Photo Credit: Ralf Kracke-Berndorff

With generous support from St. Bartholomew's Church in Estes Park Colorado the Knife Chief Community Bison Project, whose mission is to help “restore the sacred bond between the Lakota people the Bison Nation,” was able to acquire 1800 acres adjacent to their existing 1200 acre pasture located near the community of Porcupine in the central part of the reservation where have raised bison for several years.

In addition, the Red Cloud Tiyospaye recently acquired 320 acres of land adjacent to their existing 320 acres located near the community of Slim Butte in the southwest corner of the Reservation. For both groups, this additional land will allow them to sustainably grow their bison herds while maintaining their commitment to grass fed bison and restoring the native ecology.

Both projects have been past recipients of bison, low interest loans, and other material and technical needed to grow their projects from Village Earth's Lakota Lands Recovery Campaign initiated in 2003 to help Lakota families recover their lands from the Federal Government's leasing program to utilize on their own for sustainable economic, cultural, environmental and spiritual development.

Along with supporting the growth of bison herds on the Reservation, Village Earth is also working with Lakota Bison Caretakers to develop markets for their organic grass fed bison meat by building direct consumer-to-producer networks throughout the region. If our interested in visiting these projects in person or supporting this important effort please contact David Bartecchi at david@villageearth.org or by phone at 970-491-8307.

U.S. Government Offer of $7 Billion to Settle Native Lawsuits Rejected

Village Earth — Sun, 11 Mar 2007 01:24:00 +0000

by Mary Clare Jalonick
Associated Press

WASHINGTON (AP) - The U.S. government has proposed paying $7 billion to partly settle lawsuits alleging mismanagement of native trust lands.

The offer met with immediate objections from native plaintiffs. At issue is a decade-old lawsuit by natives against the government alleging the government mismanaged more than $100 billion in oil, gas, timber and other royalties held in trust from their lands dating from 1887.

The litigation, filed in 1996 by Elouise Cobell, a Blackfoot, deals with individual natives' lands. Several tribes also have sued for mismanagement of their lands.

Democratic U.S. Senator Byron Dorgan, chairman of the Senate Indian affairs committee, said he will hold hearings on the settlement offer, which he said marks the first time the government has acknowledged a multibillion-dollar liability in the case.

"That is a significant admission," Dorgan said, adding he believes the conditions attached to the settlement offer will be controversial.

Associate deputy interior secretary James Cason, who has overseen native issues in past years, took issue with Dorgan's words.

He said the proposal is not an admission but a "recognition that where we are right now is not very productive."

Cobell and one of her lawyers, Keith Harper, said the Interior Department is asking for too much.

Under terms of the offer, the government would pay $7 billion over 10 years, without interest. In exchange for the money, all tribal and individual mismanagement claims against the government would be dropped and the government would be relieved of future liability.

The proposal also would end, over a period of 10 years, most of the government's responsibilities to manage native trust lands and would consolidate ownership of native lands, which are now often held by many people.

Cason said roughly one-half of the $7 billion would go toward settling individual and tribal claims and the other half would go toward the other proposals.

U.S. Interior Secretary Dirk Kempthorne and Attorney General Alberto Gonzales sent the proposal to Dorgan last week, saying they strongly support comprehensive legislation that would help the parties move "from a litigation-oriented relationship to one of economic prosperity, empowerment and self-reliance for tribes and individual Indians."

Harper said the proposal is an insult.

"There's no sum specific for how much is going to be used for Cobell," he said.

"It's pennies on the dollar."

He said the plaintiffs estimate the government's liability could exceed $100 billion, although they have in the past considered settling for less.

Cobell said the government is trying to do too much at once.

"It's not fair to throw every problem that exists in Indian country that has been created by the Department of Interior into our lawsuit," she said.

"This lawsuit is about individual Indians and accounting."

The History of "Competency" as a Tool to Control Native American Lands

Village Earth — Tue, 20 Feb 2007 05:35:00 +0000

David Bartecchi, Village Earth

In a previous post I provided some basic facts and statistics on land for the Pine Ridge Indian Reservation. However, provided such information, people often ask:

WHY are nearly 65% (1,170,546 acres) of allotted lands on Pine Ridge being leased out when so many tribal members would prefer to live on and utilize their lands themselves?

I asked myself the same question a few years back and started doing some research. I eventually came across a series of Annual Reports issued by the various superintendents of the Pine Ridge Agency to the Secretary of the Interior between 1910 and 1934. In these reports I kept coming across mention of Indian "competency" in reference to allotted lands. I soon discovered a trend in the use of this term with the various amendments to the General Allotment Act 0f 1887 (also known as the Dawes Act). Below is an attempt to share some of these findings.

HOW WAS "COMPETENCY" USED TO ALIENATE LANDS FROM NATIVE AMERICANS ON THE PINE RIDGE INDIAN RESERVATION?

United States policy towards Native Americans during the first part of the century was focused on the cultural and economic assimilation of Native Americans into the majority culture. Furthermore there was a great deal of pressure to open up Indian lands to white settlers. “By the 1880’s settlers had filed upon most of the arable land in the West under the Homestead Act and other federal statutes. Indian reservation land then, in a sense, comprised the agrarians’ last frontier” (Gibson, 1988: p 227). Furthermore, the practice of communally managed lands by tribes was viewed 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 160-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 (Gibson, 1988). The wording of the Act of 1887 reads:

“That all allotments set apart under the provisions of this act shall be selected by the Indians, heads of families selecting for their minor children, and the agents shall select for each orphan child, and in such manner as to embrace the improvements of the Indians making the selection.” (emphasis mine)

What is important to note is the rhetoric used to classify who is to receive allotments in this Act, in this case the classification of ‘heads of families’ and ‘orphans’ because the remainder of this post will focus on how this rhetoric has changed over time to increase the power of the state over these lands, favoring some individuals, and excluding others.

The first change in the classificatory rhetoric occurred with the passing of the Act of February 28, 1891. This Act amended the GAA to give the Secretary of the Interior the power to determine whether an allottee is ‘capable’ of occupying or improving his allotment. The Act reads:

“That whenever it shall be made to appear to the Secretary of the Interior that, by reason of age or other disability, any allottee under the provisions of said act, or any other act or treaty can not personally and with benefit to himself occupy or improve his allotment or any part thereof the same may be leased upon such terms and conditions as shall be proscribed by such Secretary…” (emphasis mine)

Just nine years later, in the Act of May 31st, 1900, the classification became even more ambiguous when ‘inability’ was added along with ‘age’ and ‘disability.’

"Be it enacted, etc., * * * That whenever it shall be made to appear to the Secretary of the Interior that, by reason of age, disability, or inability, any allottee of Indian lands can not personally, and with benefit to himself, occupy or improve his allotment or any part thereof, the same may be leased upon such terms, regulations, and conditions as shall be prescribed by the Secretary for a term not exceeding five years, for farming purposes only." * * * (emphasis mine)

The ambiguous rhetoric of ‘age,’ ‘other disability,’ and now ‘inability’ gives the Secretary of Interior the ability to determine the fate of lands legally allotted to individual Indians.

This line of discourse became even more ambiguous and exclusionary fifteen years later in 1906 with the passing of the Burk Act, also known as the forced patenting act. This Act further amended the GAA to give the Secretary of the Interior the power to issue allotees a patent in fee simple to people classified ‘competent and capable.’ The criteria for this determination is unclear but meant that allotees deemed ‘competent’ by the Secretary of the Interior would have their land taken out of trust status, subject to taxation, and could be sold by the allottee. The act reads:

“..the Secretary of the Interior may, in his discretion, and he is hereby authorized, whenever he shall be satisfied that any Indian allottee is competent and capable of managing his or her affairs at any time to cause to be issued to such allottee a patent in fee simple, and thereafter all restrictions as to sale, incumbrance, or taxation of said land shall be removed.” (emphasis mine)

The use of competence opens up the categorization making it much more subjective and thus increasing the exclusionary power of the Secretary of Interior. With a careful analysis of the annual reports from the Pine Ridge Agency is clear that the determination of competence was based on the level of cultural assimilation represented in way people dress, how they wear their hair, and how they speak. However, based on the assumptions about race and culture during this time period, these were objective standards in the eyes of the colonial agents.

Although this act gives power to the allottee decide whether to keep or sell the land, provided the harsh economic reality of the time, lack of access to credit and markets, liquidation of Indian lands was almost inevitable. It was know by the department of interior that virtually 95% of fee patented land would eventually be sold to whites (Robertson, 2002). The following passage from the 1913 annual report from the Pine Ridge agency reveals how the eventual dispossession of land after issuing a fee patent was an expected outcome and even considered a ‘valuable lesson’ by the department of Interior’s reservation superintendent.

“It is still the conviction of this office that the issue of a patent in fee for a portion of an Indian’s land who is judged as being competent or near-competent, is the proper procedure in dealing with the land question among the Indians…Even if the proceeds derived from the dispossession of the land are squandered he still has plenty of land left and he may have learned a few lessons that will prove of value in the future.” (Dapartment of the Interior, Annual Report of the Pine Ridge Agency, SD, August 1, 1913)

On June 25th, 1910, (coincidentally, the 34th anniversary of the Battle of the Greasy Grass where General Custer and 260 of his men where killed by Crazy Horse and his band of Lakota warriors) even the heirs of deceased allotees became the subjects of this exclusionary discourse. The Act of June 25th 1910 further amends the GAA to give the Secretary of the Interior the power to sell the land of deceased allotees or issue patent and fee to legal heirs. This decision is based on a vague determination made by the Secretary of whether the legal heirs are ‘competent’ or ‘incompetent’ to manage their own affairs.

“If the Secretary finds the legal heirs competent to manage their own affairs, and that the lands are capable of partition, he may convey the lands to the heirs and issue them patents-in-fee. If the legal heirs are incompetent, the Secretary is authorized to sell the lands.”

As we can see from the annual reports from the Pine Ridge Agency for that same summer, no time was wasted in this effort.

"During the present summer eighty-six pieces of inherited and non-competent land were advertised for sale.' (Dapartment of the Interior, Annual Report of the Pine Ridge Agency, SD, August 1, 1910)

The ambiguous designation of ‘competent’ and ‘non-competent’ was not only used by the state to control Indian lands it was also used to determine how to distribute annuities guaranteed to the Lakota living on Pine Ridge.

“Our records show that 2294 of the Pine Ridge Indians have received their pro rata shares of tribal trust funds. 1009 received their shares as competents and 1285 as incompetents, incapable of performing manual labor on account of physical disabilities. In the case of the former, the money is paid to them direct to be expended as they may see fit. As the amount is only, in round numbers, $130.00, it is generally expended in living expenses. The money of the incompetents is deposited as Individual Indian Bank Accounts and expended, in the great majority of cases, for medical attention and monthly pensions. (Department of the Interior, Annual Report of the Pine Ridge Agency, SD, August , 1915)

Note that more than half (56%) of the Lakota living on Pine Ridge were classified as “non-competent” and thus did not directly receive their annuity payments. Rather the administration of the Pine Ridge Agency would use the money “for medical attention and monthly pensions.” However, In 1996, the largest class-action lawsuit ever launched against the government, Cobell vs. Norton, was filed on behalf of 300,000 trust-fund beneficiaries who offered to settle for no less than 27 billion dollars.

Furthermore, according the GAA, these individuals also could not occupy their allotted lands, be issued fee patents, or inherit land. However, if the Secretary of the Interior deemed you ‘competent’ you would be issued a fee patent and forced to pay taxes to the State and as the records indicate, 95% likely to be forced to sell you land to white farmers and ranchers.

The policy on Pine Ridge during the first quarter of the 20th century was to assimilate Indians into the market system and ‘rationalize’ the use of Indian lands – moving Indians away from subsistence production to production for wages. To these ends policies were implemented to restrict subsistence production, the classification of ‘competent’ and ‘non-competent’ where employed to facilitate this effort. In the passage below from the 1910 Pine Ridge agency annual report, Indians classified as non-competent were required to apply for a permit from his district’s farm agent to be allowed to slaughter one of his cows.

“Stock raising is primarily the livelihood of the people of this reservation and it is to their herds that they must look for support through summer and winter and through wet years and dry years. From the office standpoint, the great task connected with this industry is in keeping the people from disposing of their entire holding for feasting or other similar purposes, with an utter contempt for a source of living on the morrow. To regulate this tendency, no Indian, classed as a non-competent, is allowed to dispose of his stock without first obtaining a permit form his Additional Farmer. Violations of this rule are punished by fine or imprisonment in the Agency guard house.”(emphasis mine)

Note the passage “…no Indian, classed as a non-competent, is allowed to dispose of his stock…” this would indicate that non-competent Indians are in fact capable of performing manual labor and in some instance, have land on which they are raising cattle. The prevalence of ‘non-competent’ Indians raising stock is unclear, yet it does appear to be a big enough issue that the agents from the department of Interior felt the need to regulate it.

As noted earlier, the other aspect of the policy during the first part of the 20th century was to liquidate the lands either by claiming that the allottee was ‘non-competent’ or forcing a fee-patent on it. However, at about 1927 this policy changed and appeared to be more geared towards preserving Indian lands. The Act of February 26, 1927 gives the Secretary of the Interior the power to cancel any patent in fee on unsold land and issue new trust patents, removing any obligation to pay taxes and also preventing the allottee from selling their land.

“…the Secretary of the Interior is, on application of the allottee or his or her Indian heirs, hereby authorized, in his discretion, to cancel patents in fee so far as they cover such unsold lands not encumbered by mortgage, and to cause new trust patents to be issued therefore, to the allottees or their Indian heirs, of the form and legal effect as provided by the Act of February 8, 1887 (24 Stat. 388)…”

Leading up to the Act of 1927 the value of farm and ranch lands decreased on the Pine Ridge Reservation as they did across the country during the 1920’s. As the Indians and Federal Government could no longer receive income from leasing their lands to white farmers and ranchers, more emphasis was placed on preserving lands and less emphasis was placed on producing for the market as even established off-reservation farmers in the area were incapable of doing this successfully. In fact, administrators of the reservation encouraged subsistence production by providing seeds for gardens and building root cellars to families.

“Since the issuance of circular 1649 in December 1920, there have been but few patents in fee issued to the Pine Ridge Indians. The provisions of this circular are to the effect that an Indian should have qualifications similar to the average white man in order to receive patents. There are a few of our Indians who can measure up to this standard…Careful observation of the results on the Pine Ridge reservation show that less than five percent of the Indians who receive patents retain their lands; the other ninety five percent dispose of them just as soon as they can…Land is the basic wealth in any community and it is very clear that when an Indian squanders his land he is absolutely without a place of refuge.” (Department of the Interior, Annual Report of the Pine Ridge Agency, SD, September 1922)

Forty seven years after the passing of the General Allotment Act in 1934, the Wheeler-Howard Act was signed into law which made it so Indian lands could no longer be sold to non-tribal members, thus protecting them from being alienated to white farmers and ranchers. Despite this, the classifications of competent and non-competent are still used today to determine whether someone is able to occupy or lease their land. According to the Bureau of Indian Affairs 1998 Code of Federal Regulation, factors determining competency include:

“the amount of the applicant’s indebtedness to the tribe, the United States Government, and to others; whether he is a public charge or a charge to friends and relatives, or will become such a charge, by reason of being classed as competent; and whether the applicant has demonstrated that he possesses the ability to take care of himself and his property, to protect the interests of himself and his family, to lease his land and collect the rentals therefrom, to lease the land of his minor children, to prescribe in lease agreements those provisions which will protect the land from deterioration through overgrazing and other improper practices, and assume full responsibility for obtaining compliance with the terms of any lease.(Code of Federal Regulation, Title 25, Vol 1, Sec 153.4)

The remnants of these classifications can also be found in the current code of the Internal Revenue Service, however, as can be seen in the excerpts below, they are undergoing further modification to conceal their racist tone.

“The term "competent" denotes an Indian's ability to hold fee simple title to trust land. This status generally subjects income "directly derived" from the land to federal income tax. The term "competent" is sometimes interchanged with the term "unrestricted".”

“Non-competent is used to denote an Indian's inability to hold fee simple title to trust land. This status generally exempts income "directly derived" from the land from federal income tax. The term "non-competent" is sometimes interchanged with the word "restricted".”

“NOTE: This term should never be confused with "incompetent", which refers to one's inadequacy for a particular purpose.” (2004 IRS Website: FAQs regarding Competent vs. Non-competent)

The last excerpt from the website reveals the irony of history when it comes to racist discourse. With a careful analysis of the history of this discourse it is clear that this rhetoric has been cleverly changed and is now represented as historical fact (e.g. restricted) rather than a racist category (e.g. non-competent).

REFERENCES CITED

Berkhofer, Rovert F Jr.
1988 White Conceptions of Natives. In “Handbook of North American Indians” Vol. 04, pp. 522-547. Ed. Wilcomb E. Washburn.

Gibson, Arrell M.
1988 Indian Land Transfers. In “Handbook of North American Indians” Vol. 04, pp. 211-229. Ed. Wilcomb E. Washburn.

Phillips, Neson and Cynthia Hardy
2002 Discourse Analysis: Investigating Processes of Social Construction. Thousand Oaks: Sage Publications

Robertson, Paul
2001 The Power of the Land: Identity, Ethnicity, and Class Among the Oglala Lakota. Routledge.

A Primer on the Status of Land on the Pine Ridge Indian Reservation

Village Earth — Tue, 30 Jan 2007 19:28:00 +0000

The map above illustrates the "checkerboard" of different classifications of land on Pine Ridge.

I get so many questions from individuals on and off the Reservation about the status of land on the Pine Ridge that I thought I would to list some of the facts, statistics, and maps that I have compiled over the years.

I. Land Classifications

There are four classifications of land on the Pine Ridge Indian Reservation.

Allotted Land
Deeded or Fee Land
Tribally Owned Land
Government Land

GLOSSARY OF TERMS

Allotted Land: Land that was allotted to individual Indians by the General Allotment Act of 1887.

Deeded or Fee Land: Land that lies within the boundaries of the reservation but is not held in Trust by the United States Government. Much of this land was originally land allotted to individual Indians but lost it's Trust status as a result of "forced fee patenting" during the early part of the 20th Century.

Tribally Owned Land: Land that is owned by the Oglala Sioux Tribe and held in Trust by the United States Government.

Government Owned Land: Land that lies within the boundaries of the Reservation but is owned by the citizens of the United States but managed by the Federal Government.

II. Land Ownership on Pine Ridge

Total area of lands on Pine Ridge in Trust status by the Federal Government 1,773,716 acres.

Total Trust lands held by the Oglala Sioux Tribe = 705,839 acres.

Total Trust lands held by Individual Allotees = 1,067,877 acres.

Total area of Fee Lands on the Pine Ridge Reservation = 1,630,031 acres

III. Land Use on Pine Ridge

Total area of Tribal and Allotted Lands in the Range Unit Leasing System = 1,170,546 acres (Roughly 65% of all Trust lands on the Reservation)

According to the Federal Bureau of Indian Affairs (BIA) "Range Units" are consolidated tracts of Indian rangelands that BIA creates after consultation with the Indian landowners. 25 C.F.R. §§ 166.4, 166.302. BIA grants permits for range units, unless they consist solely of tribal lands, in which case the tribe grants the permit but BIA must approve it.

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.

Government may stop handling Indian trust

Village Earth — Sun, 29 Oct 2006 18:13:00 +0000

(Created: Friday, October 27, 2006 1:16 PM MDT)

JENNIFER TALHELM Associated Press Writer

WASHINGTON — The government would end its long and controversial responsibility for managing American Indian trust lands under a proposed change to a bill settling a decade-old lawsuit by Indians against the government. Senate Indian Affairs Committee Chairman John McCain, R-Ariz., and Vice Chairman Byron Dorgan, DN. D. , filed the bill last year to overhaul the trust system and end the lawsuit. The senators had discussed settling for $8 billion as recently as July, but they have struggled to find a plan all sides can accept. The latest proposal, posted this week on the committee’s Web site, is endorsed by the Bush administration. Indians claim in their classaction lawsuit that the government has mismanaged more than $100 billion in oil, gas, timber and other royalties held in trust from their lands dating back to 1887. The litigation, filed in 1996 by Blackfeet Indian Elouise Cobell, deals with individual Indians’ lands. But several tribes have also sued claiming mismanagement of their lands. The proposal would end, over a period of 10 years, most of the government’s responsibilities to manage Indian lands. The lands would remain in trust, but the landowners would make almost all the decisions about land use and all revenues would go directly to the owners. The proposal also would consolidate ownership of Indian lands, which are now often held by many people. And it would resolve all tribal claims against the government for mismanagement. McCain and Dorgan have not agreed to the changes but have asked their aides to gather input from Indians during ongoing meetings around the country. But a committee memo explaining the proposal cautions that to gain support for a multibillion- dollar bill Indians may need to agree to significant changes in the trust system. Spokesmen for the Indian plaintiffs said it was unacceptable. “It is simply one more act of bad faith and part of an obvious scheme to kill any reasonable legislation that could have resolved this case,” said Dennis Gingold, the plaintiffs’ lead attorney. Interior Secretary Dirk Kempthorne has said he wants to find a mutually acceptable resolution to the litigation that would be “full, fair and final.” Department spokesman Shane Wolfe said the new proposal fulfills those principles.

U.N. Human Rights Committee Denounces U.S. Indigenous Policies

Village Earth — Mon, 18 Sep 2006 17:22:00 +0000

U.N. Human Rights Committee Denounces U.S. Indigenous Policies

By William Brennan Thomas

September 14, 2006 | World Indigenous News

A leading United Nations human rights body has issued a report blasting the United States for its systematic abrogation of its treaties with Native Americans, stealing of reservation land, and the loss of billions of dollars of Native American money, among other things. It demanded that the United States grant American Indians and Native Hawai’ians the same basic protections under U.S. law that it grants to nonindigenous Americans.

The United Nations Human Rights Committee is a panel of 18 independent experts set up to monitor implementation of the 1966 International Covenant on Civil and Political Rights (ICCPR). The ICCPR is one of two international covenants on human rights that form the cornerstone of an extensive series of internationally binding treaties. The United States ratified the covenant in 1992 and is therefore required to undergo periodic review by the committee. The most recent review relied upon submissions by nongovernment organizations, the testimony of a U.S. delegation, and a U.S. government report that was submitted seven years after it was officially due.

Of primary concern to the committee was the ability of the U.S. Congress to extinguish recognized tribal property rights without due process and fair compensation. This capacity stems from the 1903 Supreme Court decision Lone Wolf vs. Hitchcock, which held that Congress has absolute authority to unilaterally negate treaties it has signed with Indian nations.

The Human Rights Committee found that the denial of Native Americans’ right to effectively control their lands and resources was a violation of Article 1 of the ICCPR, which recognizes "the rights of all peoples to self-determination and by virtue of that right to freely determine their political status and freely pursue their economic, social, and cultural development." Native rights are also protected under Article 27 of the covenant, which protects the rights of minorities to enjoy their own culture, profess and practice their own religion, and to use their own language. The rights guaranteed in these two articles often require control and use of traditional land, a right the U.S. government has denied to American Indians for over a century. The committee demanded that the United States give Native Americans "greater influence in decision-making affecting their natural environment and their means of subsistence as well as their own culture."

The report also expressed concern over "the concept of permanent trusteeship over the Indian and Alaska Native tribes and their land." According to Tim Coulter, executive director of the Indian Law Resource Center, who made a presentation to the committee, "The relationship between the U.S. government and Indians is an involuntary permanent trusteeship with no accountability. The only other parallels are childhood or mental incapacity. But the difference is [that] those relationships end with age or compliance. Indians can’t end their relationship."

The committee also cited the Department of the Interior’s mismanagement of so-called Individual Indian Money (IIM) accounts, which hold accumulated income from land that was "given" to individual Indians when reservations were broken up in the late 1880s. The land was held in trust by the government, as was the income from mining, grazing, and other activities, but these accounts have been subject to a long history of corruption, incompetence, and outright theft. The abuse of IIM accounts has resulted in the loss of billions of dollars that belonged to native peoples. There are more than two dozen mismanagement cases pending against the government in U.S. courts.

The committee also determined that the government had not given enough information on the implementation of Public Law 103-150, which apologizes to Native Hawai’ians for the illegal overthrow of the Kingdom of Hawai’i and requires the federal government to work toward reconciliation between the United States and Native Hawai’ians.

According to committee member Sir Nigel Rodley, a British law professor, "The delegates were reasonably happy discussing indigenous issues and had well-honed answers in terms of domestic policy, but those issues were not a major part of the dialogue; we were swamped by other issues." Those other issues included the overbroad definition of terrorism in U.S. immigration laws, the existence of secret detention centers, the use of torture, poor prison standards, racial and sexual discrimination, and nearly a dozen other violations of the covenant.

The U.S. delegation, predictably, was dismissive of the committee’s complaints. The head of the delegation, Matthew Waxman, principal deputy director of the Policy Planning Staff at the Department of State, boasted, "Indeed, few countries in the world could claim greater protections of, for example, speech, press, association, or religion than the United States. The United States also historically promotes these same values around the world and continues to do so as part of the president’s Freedom Agenda."

Sources and Further Reading:

[Indian Law Resource Center] September 14, 2006

Adopt-A-Buffalo Campaign: First Bison Calves Born!

Village Earth — Thu, 08 Jun 2006 03:29:00 +0000

We are happy to announce that the first three bison calves were born this May from bison herds established through Village Earth’s Adopt-A-Bison program! The calves are the newest addition to the Red Cloud Tiyospaye’s herd located near Slim Butte on the Pine Ridge Reservation. Since 2003, Village Earth has supported the development of three new bison herds on the Pine Ridge Reservation. The goal of this project is to assist the Lakota in recovering and utilizing their land base in order to help restore the Northern Plains ecology through the reintroduction of bison while also developing a source of income for families. Support for these projects have come primarily through donations to our “Adopt-A-Bison” campaign and European fundraising tours in 2005 and 2006.

A proud Henry Red Cloud stands in front of his family's herd on land reclaimed from the BIA range unit leasing program - the dream of the late Bernard Red Cloud.

KILI Radio Needs Your Help!

Village Earth — Thu, 27 Apr 2006 15:43:00 +0000

A valuable reservation resource needs your help!

The text below is from http://www.kiliradio.org/

OFF THE AIR!

Last week we had a lightening strike that hit our tower. The result was that the antenna needs to be replaced, and also our transmitter. This is a very expensive proposition. Estimates are between $ 50,000 and $ 60,000. We are working on and will get back up as soon as we can. Until then, you can still listen to us via the internet, and we will try to present some programming that you don't hear everyday. But we can' t really ask the DJ's to come in when they know that they won't have a show.

Please visit their website to help! http://www.kiliradio.org/

Professor Kathleen Pickering Selected as Aldo Leopold Leadership Fellow for 2006

Village Earth — Wed, 26 Apr 2006 16:12:00 +0000

CONGRATULATIONS KATHY!

Kathleen Pickering
Professor of Anthropology

From: www.colostate.edu

Anthropology Professor Kathleen Pickering is recognized for environmental research on the effects of global economic systems on indigenous communities.

The prestigious Aldo Leopold Leadership Fellowship Program annually selects a small number of outstanding academic scientists working to address today's most critical environmental challenges. Those scientists receive intensive communication and leadership training through the program. Kathleen A. Pickering, a Colorado State associate professor in the Department of Anthropology, has been selected as one of 18 Leadership Fellows for 2006.

The goal of the program is to equip scientists with the needed skills to deliver their important environmental research to decision-makers and the non-scientific public. Scientists often have vital information that would help decision-makers confront increasingly complex environmental issues, but lack the training to know exactly how to get their message out.

Pickering’s research focuses on the effects of global economic systems on indigenous communities and local economies, with an emphasis on culture economy. She has spent a great deal of time researching the Lakota culture at Pine Ridge and Rosebud Indian Reservations in South Dakota. In 2000, she wrote a book titled Lakota Culture, World Economy that provides an in-depth look at the modern economy of the Lakotas.

Leopold Fellows are chosen for their outstanding scientific qualifications, demonstrated leadership ability and strong interest in communicating their science. Fellows will be attending two, one-week trainings that will include mock media interviews, writing for different audiences and mock Congressional hearings.

"I am very honored to have been chosen for the Leopold Fellowship. Mostly, I am thrilled to become a part of a large network of scientists who are working to spread the word on important environmental research. It gives me the chance to really make a difference," Pickering says.

2006 European Tour Itinerary

Village Earth — Mon, 19 Dec 2005 02:05:00 +0000

(Above: Henry Red Cloud speaks to a packed house in Grimma, Germany in 2005)

Henry Red Cloud (5th Generation descendant of Chief Red Cloud and Resident of the Pine Ridge Reservation), Ralf Kracke-Berndorff (filmaker for Reflexive Films) and David Bartecchi (Pine Ridge projects director for Village Earth) will be touring Europe this January and February to raise awarness about and support for Village Earth's projects on the Pine Ridge Reservation.

(Above: Henry Red Cloud, David Bartecchi and Ralf Kracke-Berndorff in Munich standing next to their specially equipped "Tour Bug" in 2005)

(Above: Event at the Amperhoff Organic Farm outside of Munich in 2005)

Below is the preliminary schedule for the tour (check back regularly for updates).

GERMANY

January 16th - German Leather Museum, Frankfurt Germany, Frankfurterstrasse 86, Offenbach (8:00pm)
January 17th - Cinema Capitol. Mühlstr.16, 37213 Witzenhausen, Germany (7.30p.m ) as a cooperation of the Youth Culture Office Sandgasse 26 and the Support Group Tokata e. V.

LUXEMBOURG

January 18th - Haus vun der Natur, Route de Luxembourg, L - 1899 Kockelscheuer (8.00 p.m.)as a cooperation of the Haus vun der Natur and Iwerliewen fir bedreete Vollker ( Society for Threatened People )
January 19th - Television and Radio Interview
January 19th - Coshoola espresso bar, Glacis Business Center, 9, Allee Scheffer L-2520 Luxemburg (6p.m.)

FRANCE

*Organized by CSIA-Nitassinan,21ter rue Voltaire, Paris 11ème, Committee of Solidarity with the Native Peoples of the Americas. www.csia-nitassinan.org, info@csia-nitassinan.org

January 21st - Montbrison (42). In association with REVE YAHI (21h)
January 23th - Angers, L'Etincelle , 26 rue Maillé, 49100 Angers (tél. 02 41 24 94 45),20h30. Organized with Reflex
January 24th - Nantes, 17 rue Paul Bellamy, 19h, 06 14 87 48 31, organized with Le Scalp
January 25th - Université de Paris 7 (14h30)
January 25th - 19h30 CICP - 21ter rue Voltaire - Paris 11ème
January 26th - Metz, 17h – Espace Art et Nature, in association with Troubadours Oubliés.
January 27th - Stasbourg, Université Marc Bloch (18h)

GERMANY

January 28th - AGIM ( a Support Group for the Rights of Native People and Human Rights) in MUNICH, Germany Frohschammerstr.14 (Time : 8.00p.m. Fee : 5,- €)
January 29th - Workinggroup Indians Today, City Hall, Grimma/ Germany, Time : 4 p.m.

SWITZERLAND

January 31st - Near Luzern in Emmenbrücke, Switzerland. Event Centre Gersag. Rüeggisingerstrasse 20A (Time : 8.00 p.m.)
February 1st - Museum for Ethnology of the University of Zürich, Pelikanstrasse 40, Zürich, Switzerland (Time : 7.30 p.m.)as a cooperation from Incomindios/ Zürich and EDAI (Economic Development Amerindians)

AUSTRIA

February 3rd - February 3rd - Katzdorf,Austria: GfbV / Linz( Society for Threatened People ),Cinema Katzdorf,Gemeindeplatz 1, A - 4223 Katzdorf near Linz ,Time .8.00 p.m.
February 5th - Vienna, Austria: AKIN (a Support Group for Native People of North America) Location : Americe Latina, Mollardgasse 17, Wienna (Time : 7.00 p.m.)

GERMANY

February 7th - Chalet in Aschau, Germany. Bahnhofstrasse 17 Entrance : (7.30 p.m. Begin : 8.00 p.m. Fee : 5.- €)

"ADOPT-A-BUFFALO" Broschuere auf Deutsch herunterladen (PDF) - FRONT - BACK

For more information or to inquire about scheduling a speaking event, interview or screening of Village Earth's documentary "REZONOMICS," please contact: (ENGLISH - David Bartecchi david@villageerth.org, DEUTSCH- cornelia@villageearth.org, FRANCAIS - Sophie Gergaud gergaud.sophie@wanadoo.fr).

Denver Screening of "REZONOMICS" Friday December 16th, 2005

Village Earth — Tue, 06 Dec 2005 02:25:00 +0000

Village Earth, CSU's department of Anthropology, and Reflexive Films will be screening "Rezonomics" a documentary on the eclectic and inventive survival strategies of residents of one of the most impoverished and marginalized areas of the United States, the Pine Ridge Reservation, SD.

The 45 minute film will be premiering at 7:00pm at the Andenken Gallery at 2110 Market Street in Denver, Colorado. Immediately following the film will be a panel discussion with the filmakers and residents from Pine Ridge.

Advanced tickets can be purchased for $5.00 by calling Village Earth in Fort Collins at 970-491-5754. All proceeds go to support Village Earth's projects on the Pine Ridge Reservation.

"REZONOMICS" Documentary Premiere - Sunday, December 11, 2005 at Colorado State University Cinema

Village Earth — Mon, 28 Nov 2005 02:58:00 +0000

Village Earth, CSU's department of Anthropology, and Reflexive Films will be premiering "Rezonomics" a documentary on the eclectic and inventive survival strategies of residents of one of the most impoverished and marginalized areas of the United States, the Pine Ridge Reservation, SD.

The 49 minute film will be premiering at 7:00pm at the Lory Student Center Cinema on the Campus of Colorado State University in Fort Collins, Co. Immediately following the film will be a panel discussion with the filmakers, residents from the Pine Ridge Reservation, and Dr. Kathleen Pickering, Professor of Anthropology at CSU.

Advanced tickets can be purchased for $5.00 at the Student Center Box office, by calling Village Earth in Fort Collins at 970-491-5754. All proceeds go to support Village Earth's projects on the Pine Ridge Reservation.