Great White Father Knows Best, Part 257

Judge Leeds at the Tsalagi Think Tank analyzes the negative implications of the Oneida land case from Wisconsin, specifically as it would apply to the Cherokee Nation. The upshot is that this decision continues to promote the doctrine that Indians are too stupid to know how to handle our own land and must therefore rely on the benevolence of the Great White Father in Washingtion, in the form of the BIA, through the land-into-trust process. The other effect of continued dependence on land-into-trust (for lands owned in fee simple by the tribes) is that it enables local governments to have an effective veto over what tribes may or may not do (i.e., casinos) on their own land. Another blow to tribal sovereignty.

Congress & the Freedmen

Congress is demanding answers from the BIA over the current status of the Freedmen. Be sure to check out the comments section; John Cornsilk wades in and smites the ignorant hip and thigh.

Expanding Indian Country

In a rare bit of good news, it appears very likely that the Oneida Nation will succeed in converting 13,000 acres out of a requested 17,000 in Oneida and Madison Counties in New York into trust. This is not, of course, the end; the decision will almost surely face litigation from those forces who have struggled to uphold the cherished legal principal that if you just steal something for long enough, you get to keep it. And they will continue to do so by arguing "fairness" and "equality" with a straight face.

Unrecognizable?

Virginia's tribes continue to be denied federal recognition, despite being frequently employed as eye-candy for state events, and despite the fact that evidently 8 out of every 10 white men in America is a descendent of Pocahantas. The story is the same; racism (Virginia unilaterally reclassified all its Indians as "colored" last century), politics (they don't DARE even hint at casinos), and the usual ignorance, hypocrisy and stupidity.

Freedmen "Still Members" says BIA

Buried in this story about the BIA approving the constitutional amendment ending BIA approval of future amendments are these interesting statements by Assistant Secretary of the Interior Carl Artman:

"The 1866 treaty quite clearly states the Freedmen shall be members of the Cherokee Nation and shall remain so," he said. Should the Cherokees attempt to deny citizenship to the Freedmen, the BIA would take action, Artman said. "We would have to enforce it in court," he said.

and

"I think it's important for everyone to remember that we have viewed and we still view the Freedmen as members of the Cherokee Nation."

UPDATE: Cong. Diane Watson has scheduled two public meetings in Oklahoma on her bill to strip federal funding from the Tribe if the Freedmen are disenrolled. And crackpot Senator Tom Coburn (previously famous for denigrating the Cherokee as not "real Indians") has apparently taken up the Freedmen's cause. How lucky for them.

Getting Worser Still

The Interior Department has rejected a 2003 amendment to the Cherokee Constitution that removed the requirement that the BIA approve all changes to the Constitution. Of course, Chief Smith is right that this decision is insulting and an affront to tribal sovereignty, but what are the odds it would've happened if he hadn't pursued his cynical plot to disenroll the Freedmen?

Signs & Portents

The BIA has informed Principal Chief Chad Smith that it has not yet approved the March 3 vote kicking the Freedmen out of the tribe. Smith maintains that CN does not need BIA approval to amend the Tribal Constitution (a point I happen to agree with). Stay tuned...

Freedmen Kicked Out

The constitutional amendment to disenroll the Freedmen has apparently passed overwhelmingly, despite strong editorials against it. With the federal courts now involved, the Cherokee Nation faces the very real threat that the June Tribal elections will either be thrown out or not recognized by the BIA, leading to a cut off of vital funding. Principal Chief Chad Smith, one of the strongest backers of the amendment, began trying even before the vote to put a positive spin on what is clearly a race-based disenfranchisement of thousands of people with strong historical, cultural and in some cases blood ties to the Nation. I have a great fear that the end result of all this will be yet another blow to tribal sovereignty.

UPDATE: More reactions to the vote from around the Blogosphere. And here. And here. And here. And here. And here. And here.

Right For the Wrong Reasons

Chief Smith is absolutely right that the sovereign Cherokee Nation should not have to bow and scrape to the BIA for permission to amend its own constitution. He is absolutely wrong in using this argument as a way to force out the Freedmen from the tribe, by making it impossible for them to prove they meet the racist, white-created criteria of having "Indian blood."

Fighting Back!

Elouise Cobell, Blackfeet elder and the lead plaintiff in the long-running trust lawsuit against the Interior Department and the BIA, is asking the US Supreme Court to reinstate Judge Royce Lamberth to oversee the case.
Support Elouise's fight for justice by donating to the Native American Rights Fund.

Right Next to the Lost Ark

In a cave beneath Kansas, the federal government is stockpiling records (only a fraction which still exist) that detail how as much as $150 billion of Indian trust fund money was lost due to the ineptitude and greed of the BIA. However, the Cobell Plaintiffs are worried that, since everyone agrees that most of the records have been lost, this is all just an attempt to low-ball what the tribes are actually owed.

Are We Better or Worse Off...

...that it's been 14 months without a head of the BIA?