Jodi Rave at University of Montana Law School

After 14 years of litigation, here’s a list of U.S. Interior Department trust obligation violations uncovered as part of the “gross mismanagement” of Indian trust lands. The breaches of trust were cited in the January 2010 amended Cobell vs. Salazar complaint, a class-action suit that led the Obama administration to agree to a settlement in December 2009.  Here’s a link to the Cobell v. Salazar settlement agreement and amended complaint. The amdended complaint to recover restitution and damages and other monetary relief is dated January 2010.

GENERAL NATURE OF THE ACTION (as printed directly from pages 1-4 of the amended complaint, which is attached at the end of the settlement agreement).

 1. This action is brought to redress gross breaches of trust by the United States, acting by and through the Defendants, with respect to the money, land and other natural resource assets of more than 450,000 individual Indians.

2. Involved in this action are accounts commonly referred to as Individual Indian Money (”IIM”) accounts. As is more fully set forth herein below, IIM accounts include money, which is the property of individual Indians, held by the United States as trustee on their behalf. Such accounts at the time of filing this action reflected a balance of more than Four Hundred and Fifty Million Dollars ($450,000,000.00), and more than Two Hundred and Fifty Million Dollars ($250,000,000.00) passes through them each 2 year; the true totals would be far greater than those amounts, but for the breaches of trust herein complained of.

3. Involved as well are funds that were collected or should have been collected by the federal government as trustee for individual Indians (commonly referred to as individual Indian moneys (“IIM”)), and the resources, including land, held in trust for individual Indian trust beneficiaries. Defendants have mismanaged those funds, land, and resources in breach of their trust duties and, thereby, have prevented Plaintiffs from receiving income to which they are entitled.

4. Defendants, the officers charged with carrying out the trust obligations of the United States, and their predecessors, have grossly mismanaged, and continue grossly to mismanage, such trusts and trust assets in at least the following respects, among others: (a) They have failed to keep adequate records and to install an adequate accounting system, including but not limited to their failure to install an adequate accounts receivable system; (b) They have destroyed records bearing upon their breaches of trust; (c) They have failed to account to the trust beneficiaries with respect to their money; (d) They have lost, dissipated, or converted to the United States’ own use the money of the trust beneficiaries; and (e) They either have unlawfully obstructed the appointment of a qualified and competent Special Trustee or unlawfully have prevented the Special Trustee for American Indians, appointed pursuant to the American Indian Trust Fund Management Reform Act of 1994 (“the 1994 Act”), P.L. 103-412, 108 Stat. 4239, codified to 25 U.S.C. §§ 162a(d) and 4001-4061, from carrying out duties and responsibilities conferred upon him by law to correct their unlawful practices and procedures with respect to IIM accounts. (f) They have mismanaged trust funds held or to be held for individual Indians in the following respects:

(1) They have failed to collect or credit funds owed under leases, sales, easements or other transactions, including without limitation, having failed to collect or credit all money due, to audit royalties and to collect interest on late payments; 3 (2) They have failed to invest trust funds; (3) They have underinvested trust funds; (4) They imprudently have mismanaged and invested trust funds; (5) They have made erroneous or improper distributions or disbursements of trust funds, including to the wrong person or account; (6) They have charged excessive or improper administrative fees; (7) They have misappropriated, or failed to take steps to prevent the misappropriation of, trust funds; (8) They have withheld unlawfully the distribution and disbursement of trust funds; (9) They have deposited trust funds above FDIC insurance coverage in accounts in failed depository institutions, resulting in lost principal and interest; (10) They have failed to control, or investigate allegations of theft, embezzlement, misappropriation, fraud, trespass, and other misconduct regarding trust assets and have failed to make restitution or seek compensation for same; (11) They have failed to pay or credit to IIM Accounts accrued interest, including interest on special deposit accounts; (12) They have lost funds and investment securities as well as income or proceeds earned from such funds or securities; (13) They have lost funds through accounting errors; (14) They have failed to deposit or disburse funds in a timely fashion; and (15) They have engaged in conduct of like nature and kind arising out of Defendants’ breaches of trust in connection with mismanagement of IIM Trust funds.

Go the to Cobell v. Salazar settlement agreement and amended complaint for the rest of the story.

Jodi Rave

*Ms. Rave is an Individual Indian Money account holder and landowner on the Fort Berthold Reservation in North Dakota. She won the University of Nebraska Sorensen Award for her reporting on the Cobell lawsuit as well as the Nebraska Associated Press award for enterprise reporting for her series on the management of Indian lands. Her writings on the Cobell suit are also included in“The Authentic Voice: The Best Reporting on Race and Ethnicity,” a book based on award-winning journalism stories from the Columbia University Graduate School of Journalism. Additionally, Ms. Rave is the first, and only, American Indian woman awarded a Nieman Fellowship for journalism at Harvard University.

Daniel Wildcat has no doubts about global warming, who’s to blame and who needs to make changes. In fact, he prefers to use a more in-your-face term for the phenomenon: global burning.

And in his book, “Red Alert,” the Haskell Indian Nations University professor makes the argument — a plea — that we confront the problem from the perspective of the world’s indigenous peoples, who have much to offer on the topic of living “with” the planet.

“My goal is not to become one more doomsday-sayer,” Wildcat said, “but rather to say that we must deal with the issue of climate change and that we should pay attention to people whose lives are deeply rooted to the landscapes and seascapes they call home.

“For some indigenous peoples, this phenomenon isn’t inconvenient, it is deadly. It really threatens their whole culture.”

Wednesday, on the eve of Earth Day, Wildcat, a Euchee member of the Muscogee Nation of Oklahoma, will discuss and read from his book at the Kansas City Library’s Plaza branch.

With most of us living and working in “insulated boxes,” managing only brief encounters with the natural world, it’s no wonder some can’t understand what is happening to the climate, he said.

But global warming is a result of the burning of fossil fuels, Wildcat said, and, unchecked, the further result might be another kind of burning, a social conflagration over water, energy and the effects of extreme weather events.

Wildcat, faculty member in the American Indian studies department at Haskell and a national speaker, recommends a dose of “indigenous realism.”

The term, he said, is meant to steer clear of a romanticized discussion about native people’s closeness to nature or about so-called tribal secrets and mysteries.

Instead, indigenous peoples have practical, useful knowledge about living sustainably in specific environments, from food and clothing to building structures. These ideas can be a starting point for changing our post-industrial lifestyles, he said.

“There are reasons why earth lodges worked in the middle of tornado alley,” he said. “I think we need a whole generation of indigenous architects re-conceptualizing the kinds of spaces we live and work in.”

But will anyone listen?

“I think the general public will give them that credibility,” he said. “There’s a lot more willingness to listen to someone who is speaking from experience rather than from scientific or theoretical model building.

“Indigenous people have an opportunity to contribute now, and we have a responsibility to do so.”
Go to the Kansas City Star for details on where and when to meet Wildcat for a discussion of his book.

Amy Goodwin of Democracy Now supports KBGA

Hey folks:

It’s that time of year to support the KBGA Radiothon at the University of Montana. I just spent a few hours in the studio answering phones. I couldn’t believe what a good deal the staff at KGBA has set up for anyone who donates to support KBGA and community radio. For example, if you donate $50, you get at least $50 dollars in goodies, like a $25 gift certificate, a T-shirt, spin classes and more. You can’t beat that. Also, just remember, that community radio is one of the best ways to get an unfiltered taste of community life in Missoula. Have you ever listened to the station? If you do, you’ll hear awesome DJs and music you won’t hear anywhere else, except on college radio. Or, at least, you can say you heard the band first on KBGA. While I’m at, it’s a good time to mention that KBGA will soon be airing a program called Indigenous Expressions Radio Show, a one-hour slot dedicated to news and music in Indian Country. Meanwhile, check out the KBGA Web site for more details about the programs being aired today. Finally, keeps the following five steps (this is on the  KGBA Missoula Web site) in mind as you pick up the phone to support the KBGA station:

Step 1 – Remember how awesome KBGA is

Step 2 – Pick up your phone and dial 406-243-KBGA

Step 3 – Give any amount you’re comfortable with

Step 4 – Feel good about yourself for supporting a real community radio station!

Step 5 – Rinse and repeat

KBGA’s Radiothon is February 8th-14th. From 8am to 8pm any day during this week, you can call in and pledge your support for college radio. Here are a few facts about the station so you know what you’re supporting:

•KBGA is a student run operation, which means a group of young UM radio enthusiasts manage everything that keeps the station running on a daily basis. This includes audio production, marketing, scheduling, training others in the craft of broadcast, web management, budgeting significant operating costs, booking and promoting events (both local and national acts such as Vampire Weekend), and everything else that goes into keeping a community station on the air 365 days a year.

•While the staff is entirely made up of students, our 120+ DJs are volunteers from just about every age group, profession, and musical preference. Some of our DJs are professors, retired community members, moms and dads, former students, and a whole lot of good ‘ol music nerds.

•We have made a number of huge improvements to the station in the past year. For starters, we turned our stream on in the summer and totally redesigned our broadcast studio with all new equipment courtesy of a generous grant from The Greater Montana Foundation.

•We’re dedicated to quality news programming. We air Democracy Now every weekday at 11am and have the Thom Hartmann show on 4 days a week during latenight hours. Journalism students also provide an impressive amount of local programming with a newscast every day at 9 and 5. Out Tuesday night Talk Block features 2 hours of student news with Sports talk and the brand new Talking Heads news program broadcast live on location in the Journalism building.

That’s all for now!

Jodi Rave

Photo by James Ray International

James Ray, owner of a mulitmillion-dollar motivational company based in Carsbad, Calif., was indicted Wednesday after he injured more than 20 people and killed three others in a fake sweat lodge ceremony. Ray claims he did nothing wrong during his “makeshift suana” Oct. 8 where he purported to lead his followers in a spiritual journey modeled after the American Indian sweatlodge ceremonies. Every Native person I know was floored by the idea that a non-Native was conducting these ceremonies and collecting thousands of dollars from each participant. The for-profit James Ray International organization has been operating contrary to Native spiritual beliefs, raising, once again, questions about who has the right to run these ceremonies. Here’s more on the Ray indictment story in today’s New York Times.

Kirby Brown, 38, of Westtown, N.Y.; James Shore, 40, of Milwaukee; and Liz Neuman, 49, of Prior Lake, Minn., died during a two-hour ceremony inside a dome-shaped tent where hot rocks were placed. The hot air inside was then supposed to help the participants sweat and purify their mind, body and soul. If done right under the guidance of someone who knew ow to lead such a ceremony, the participants may have succeeded. These ceremonies are taken seriously by Native people. We believe that only certain people, even among American Indians, have a right to run a sweatlodoge ceremony. News of the deaths prompted many Native people to speak out against Ray, including Chief Arvol Looking Horse, Keeper of the Sacred White Buffalo Calf Pipe Bundle. Here’s the statement Looking Horse issued on Oct. 29, 2009. “What has happened in the news with the make shift sauna called the sweat lodge is not our ceremonial way of life!” said Looking Horse in his statement.

Prayers to all the families still suffering from the loss of their loved ones.

Jodi Rave

WASHINGTON – On Thursday, November 5th, 2009, President Obama will host the White House Tribal Nations Conference. As part of President Obama’s sustained outreach to the American people, this conference will provide leaders from the 564 federally recognized tribes the opportunity to interact directly with the President and representatives from the highest levels of his Administration. Each federally recognized tribe has been invited to send one representative to the conference.

The President will deliver opening and closing remarks and participate in an interactive discussion with tribal leaders. Other interactive discussions in the areas of economic development and natural resources; public safety and housing; and education, health and labor will be led by representatives from the highest levels of the Administration. Expected Administration officials include: Interior Secretary Ken Salazar, Agriculture Secretary Tom Vilsack, Commerce Secretary Gary Locke, Labor Secretary Hilda Solis, HHS Secretary Kathleen Sebelius, Energy Secretary Steven Chu, Education Secretary Arne Duncan, EPA Administrator Lisa Jackson, Deputy Attorney General David Ogden, HUD Deputy Secretary Ronald Sims, DHS Deputy Secretary Jane Lute, Associate Attorney General Tom Perrelli, and Indian Health Service Director Dr. Yvette Robideaux.

The White House Tribal Nations Conference will also be streamed live at www.whitehouse.gov/live.

Please check back on the day of the event for the final schedule.

WHAT: White House Tribal Nations Conference

WHERE: U.S. Department of Interior

Sidney R. Yates Auditorium

1849 C. Street, NW

Washington, D.C.

WHEN: Thursday, November 5, 2009 at 9:00 AM to 5:30 PM Eastern

The tentative schedule for Conference is as follows:

9:00–9:30 Welcome and Opening Remarks

9:30–10:40 Interactive Discussion with President Obama

10:45-12:15 Interactive Discussion with Administration Officials

12:15–1:45 Lunch

1:45-3:00 Interactive Discussion with Administration Officials

3:15-4:45 Interactive Discussion with Administration Officials

4:45-5:20 Closing Remarks

Jodi Rave

Lillian Sparks, a Lakota woman of the Rosebud and Oglala Sioux Tribes, has served as Executive Director of the National Indian Education Association (NIEA) since 2004. Prior to joining NIEA, Ms. Sparks was a staff attorney with the National Congress of American Indians where she worked on international indigenous rights, sacred sites and religious protection, and issues related to youth and healthcare. She also previously served as a law clerk for the National Indian Gaming Commission in the Department of the Interior where she, among other duties, reviewed tribal gaming regulations to ensure compliance with the Indian Gaming Regulatory Act. Ms. Sparks is a member of the National Congress of America Indians, the Native American Bar Association, and the National Trends & Services Committee. In 2004, she was named one of seven young Native American Leaders by the USA Weekend magazine.  She received a Bachelor of Arts degree from Morgan State University and a Juris Doctor degree from Georgetown University Law Center.

Jodi Rave

Finally! I’ve had a bit of time to edit a short language video with Edwin Benson, the last man alive born into speaking Mandan as a first language. Benson, 78, lives in Twin Buttes, N.D., my home community on the Fort Berthold Reservation. Mandan, or Nu’eta, is one of the endangered languages of the world. Benson has been working with community members to revitalize the language. I’m honored to share those recordings.

In this  video, listen to the word of the day: No. Mikosh.

Thanks for being a part of the Twin Buttes Community language revitalization project.

Jodi Rave

Dear Reader:

I’m glad you are here to join me at Buffalo’s Fire, my new blog site named in memory of my mother, G. Janet Gunderson, who liked wild tiger lilies on the North Dakota prairie. She is the daughter of Larry Spotted Bear and Ollie Benson of Twin Buttes, N.D.  I am a Mandan and Hidatsa from the Fort Berthold Reservation in North Dakota. The Mandan word for tiger lilies is pti ta waraari, or “the buffalo’s fire.” I can imagine buffalo on the prairie on a cool spring evening, standing above blossoming tiger lilies.

Welcome to the buffalo’s fire.

Jodi Rave

Note:  I am no longer writing for the Buffalo Post, a blog I created at the Missoulian.

You can see one of my archived posts here. http://buffalopost.net/?tag=inauguration-day