CRAZY HORSE ADVOCATE
summer 2010
Paha Sapa: To Accept is to Deny
"Thieves Road Leads to Black Hills Settlement Discussions"
Amongst tribal leaders and members of the Great Sioux Nation comes a formulated opinion that tribes need to cash in on the Black Hills Claim of more than one (1) billion dollars. Since the United States of America has now seated a minority as President, many tribal leaders now feel that his administration would not be opposed to opening up the discussions to settle the long standing opposition of the Black Hills monetary awards.
Barack Obama claims to be a strong believer of tribal sovereignty and believes that tribes are better suited in deciding the outcome of the settlement monies for themselves. Of course, it would be government to IRA government deciding the best options for traditional Lakotas.
Those tribal members running for tribal government positions as well as newspaper editors are quick to influence our poverty stricken tribal communities to accept the monetary awards. They say that they are trying to help their relatives get out of poverty and make a life for their relations. It is very rare that these politicians and newspaper editors educate these same poverty stricken tribal members about the positives and the benefits of our treaties far outweigh any monetary acceptance.
Do you know that we could create our own buffalo coop in each district as it was done in the early 1900s and it would provide for each district family household. But then you say: why would we want to be buffalo ranchers? Well it is better than selling out. At least a buffalo coop would be more beneficial to tribal members than losing all our lands and treaty rights.
By recreating our not-so-long-ago efforts, we would learn from our past mistakes. To accept the Black Hills money is to deny the unborn generations.
All tribal members should follow the Cobell v. Salazar (Case No 1:96CV01285-JR) class action lawsuit settlement. Page 51 of this settlement needs to be rewritten and clarified because it will affect the Ft. Laramie Treaties because the way it is written is with legal confusion. The page 51 section is titled: L. No Further Monetary Obligation. This section says that the federal government after this payment of $3.4 billion does not owe tribes anything more. Which means that treaty responsibilities and treaty obligations of the federal government become non-existent. That they have done paid their dues. And that no further future claims will be brought against the government.
If you have an account with the Bureau of Indian Affairs Individual Indian Monies (BIA-IIM), you should contact them and tell them that you wish to decline their monetary offer. Or you can tell them that you wish to wait on accepting the settlement until the "No Further Monetary Obligation" wording is eliminated from the final agreement.
If, for example, you have a BIA IIM account between $.01 and $5,000, you will receive an additional $500 to $1500 as agreed in the Cobell v. Salazar settlement. If accepting this offer as settled, then we will basically be selling our water rights, mineral rights, treaty rights and all things sacred to tribes throughout the Turtle Continent. This $3.4 billion does not even cover the expenses of all the years tribes have lived in poverty and $500 - $1500 does not even cover a month's rent or light bill or both.
The white man is forced to pay money to tribes because he has stripped the Earth of her worldly possessions and he is caught between his own paper laws and treaty responsibilities with tribes. He has no where to turn but to defraud and deprive his own laws by cheating Native Americans with legal jargon. One day the white man is going to have to answer to the Creator and we, as Native tribes know in our hearts that whatever happens to Mother Earth, we were not responsible for her demise and we have never sold her.
When it comes to settling the Black Hills case, two (2) documents will be brought forth: Docket 74-A and Docket 74-B. In 1950, the Sioux Tribe filed a lawsuit for the return of the Black Hills in the Indian Claims Commission under the federal land claim document 74. This land claim document was separated into two parts: 74-A, which called for the compensation for cessions of lands under Article 2 of the 1868 Ft. Laramie Treaty [15 Stat. 635] and 74-B, which in violation of the U.S. Constitution's Fifth Amendment on the taking of Sioux Lands outside the Black Hills area.
In the US v. Sioux Nation [207 Ct. Cl. 234, 241; 1975], the issues were brought before the court and in 1980, a judgement ruled in favor of the Sioux and that the US government did in fact steal the Black Hills from the Sioux. A monetary judgement was awarded to the Sioux and that is where all this talk about accepting the Black Hills money comes from. However, the Black Hills are not for sale at any price. If we sell the Black Hills, each head of household would be able to at least pay one month's rent and then Paha Sapa would be lost forever and we would be the ones that the unborn generations would never look back to.
Those people who speak about how much money Paha Sapa is worth and try to convince other tribal members to think the same are people who are into the political arena or they are business owners or people with money and want more. These people only live for the day staying in tune with their American criminal Idol counterparts. Remember, Lakota's, we are not american. We are Lakota long before the coming of the white race.
But, you say, "I'm a mixed blood," then the better part of your being should take the Lakota side in your decision making of not selling. We do not need to be like honkies. We do not need money like the blacks, Hispanics, Asians or whoever. We do not need fancy houses, cars, jets, skyscrapers, and oil spills. All we have to do is return to the lives of our grandfathers. We can make our own survival techniques with the aid of the treaty, as long as each community works together for the common good. We must work as a family unit and every goal we set, we could make it possible.
The Black Hills Claim Settlement centers around the 1868 Ft. Laramie Treaty. This treaty came as a result of the Bozeman Trail Wars. Leaders and Warriors such as Crazy Horse, Sitting Bull, Red Cloud, Hump, Red Shirt, Yellow Bird, Gall, Two Strikes, forced the US Govt to hald any construction of rail roads, forts and white settlements guaranteed to the Great Sioux Nation in the 1851 Ft. Laramie Treaty [15 Stat. 635]. After the Fetterman Massacre and the defeat of Gen. Crook at the Rosebud, the US appointed a commission to return to the Dakota Territory. This commission's task was to appoint Sioux leaders that they could deal with to sign a peace treaty. This is how the 1868 Ft. Laramie Treaty came about.
Let us return to those speaking about selling the Sacred Black Hills. Those treaties that our grandfathers have made, are as sacred as the Earth. They are the keys that the white men want in order to justify their crime of stealing our lands. If a person's heart is with their people and their trials, then it is obvious that that person is part of their community and if a person is the opposite, then they are not a part of our community. They will be banished. These are the way of our grandfathers and grandfathers before them.
Money isn't everything. It never got our reservations out of poverty. Each district/community needs to exercise their right to obtain these promises and provisions of the treaty. We need to force the federal government to uphold their treaty responsibilities and obligations. If every Lakota had money in their pocket after settling the Black Hills case, how would it be spent? A house, car, booze? Give or take, but there really is no right answer. Land cannot be a part of the answer because it is done sold. Our unborn generations would ask the question, where is our share?
Greed is today's norm. Given what there is right now, take a look at area businesses. They have the money, houses, cars, pools, etc. They do provide for the people but at a price. Reservation businesses thrive upon their residents patronage. Yet, excluding basketball & baseball games, powwows, etc., how many times have they helped the homeless, orphans, treatment centers, animal shelters, the needy, anti-Indian protests, etc? Not very often if at all.
One day the US govt will claim that if we do not accept the Black Hills money-they will force us to accept. Don't be fooled. It is a play for us to sell. This money they offer is just that-an offer. It belongs to them, and the Black Hills belong to us.
By accepting their offer, the Black Hills become their possession and our treaties would be diminished to one or two articles and become non-existent.
Our reservation boundaries would shrink drastically in size due to the New Homestead Act [S.1903] being discussed by several western states including SD, ND, WY, and NEB. They claim that more and more young people are moving out of rural communities for larger city populations and these western states want larger populations. This is just an excuse to open tribal lands. Why else do you think that the federal government is buying up tribal fractionated lands under the Bureau of Indian Affairs Indian Land Consolidation Act program. [25 USC 2201]
These fractionated land acquisitions become a chess piece to get Indian tribes to give up their land rights. The next move is the Cobell Settlement, then the Black Hills Settlement. Finally comes the New Homestead Act. We implore our treaty councils to investigate these claims.
Remember, Lakota's, there are three (3) basic ways that the white man acquires land: 1. Discovery--We were here first. We discovered our lands. 2. Extinguishment of Title--We never accepted their monetary offer so we continue to hold the title. 3. Sale--We have never sold our sacred Black Hills because the Black Hills are Not for Sale!
The US Gov't would also tell us that they can take the Black Hills by Eminent Domain. However, the Great Sioux Nation had entered into treaties with the United States, making us separate yet equal Sovereign nations.
One billion dollars does not buy back the original mountain that holds the four sick faces carved in granite stone. It does not buy back the homes of the animal nations. It does not buy back the destruction and desecration of our burial and sacred sites. It does not buy back the fresh water polluted by uranium. Lakota's, look your grand children in the face and tell them their grand children will be safe and that We will never sell our sacred Black Hills.
Source: www.cobellsettlement.com; Mario Gonzalez Essay on Why Docket 74 Award must be rejected; We shall never sell our Sacred Black Hills--Joint statement of Chief Frank Fools Crow and Frank Kills Enemy on behalf of Traditional Lakota Treaty Council before honorable Lloyd Meads Sub-Committee on Interior and Insular Affairs Sept 10, 1976; Tim Giago opinion on Black Hills Claims Settlement Funds Top $1 Billion, Native Sun News 4/14/10; 1851 & 1868 Ft. Laramie Treaties with Sioux; New Homestead Act; Indian Land Consolidation Act; Sioux Tribe v. US 42 Indian Claims Commission 214.
summer 2010
Paha Sapa: To Accept is to Deny
"Thieves Road Leads to Black Hills Settlement Discussions"
Amongst tribal leaders and members of the Great Sioux Nation comes a formulated opinion that tribes need to cash in on the Black Hills Claim of more than one (1) billion dollars. Since the United States of America has now seated a minority as President, many tribal leaders now feel that his administration would not be opposed to opening up the discussions to settle the long standing opposition of the Black Hills monetary awards.
Barack Obama claims to be a strong believer of tribal sovereignty and believes that tribes are better suited in deciding the outcome of the settlement monies for themselves. Of course, it would be government to IRA government deciding the best options for traditional Lakotas.
Those tribal members running for tribal government positions as well as newspaper editors are quick to influence our poverty stricken tribal communities to accept the monetary awards. They say that they are trying to help their relatives get out of poverty and make a life for their relations. It is very rare that these politicians and newspaper editors educate these same poverty stricken tribal members about the positives and the benefits of our treaties far outweigh any monetary acceptance.
Do you know that we could create our own buffalo coop in each district as it was done in the early 1900s and it would provide for each district family household. But then you say: why would we want to be buffalo ranchers? Well it is better than selling out. At least a buffalo coop would be more beneficial to tribal members than losing all our lands and treaty rights.
By recreating our not-so-long-ago efforts, we would learn from our past mistakes. To accept the Black Hills money is to deny the unborn generations.
All tribal members should follow the Cobell v. Salazar (Case No 1:96CV01285-JR) class action lawsuit settlement. Page 51 of this settlement needs to be rewritten and clarified because it will affect the Ft. Laramie Treaties because the way it is written is with legal confusion. The page 51 section is titled: L. No Further Monetary Obligation. This section says that the federal government after this payment of $3.4 billion does not owe tribes anything more. Which means that treaty responsibilities and treaty obligations of the federal government become non-existent. That they have done paid their dues. And that no further future claims will be brought against the government.
If you have an account with the Bureau of Indian Affairs Individual Indian Monies (BIA-IIM), you should contact them and tell them that you wish to decline their monetary offer. Or you can tell them that you wish to wait on accepting the settlement until the "No Further Monetary Obligation" wording is eliminated from the final agreement.
If, for example, you have a BIA IIM account between $.01 and $5,000, you will receive an additional $500 to $1500 as agreed in the Cobell v. Salazar settlement. If accepting this offer as settled, then we will basically be selling our water rights, mineral rights, treaty rights and all things sacred to tribes throughout the Turtle Continent. This $3.4 billion does not even cover the expenses of all the years tribes have lived in poverty and $500 - $1500 does not even cover a month's rent or light bill or both.
The white man is forced to pay money to tribes because he has stripped the Earth of her worldly possessions and he is caught between his own paper laws and treaty responsibilities with tribes. He has no where to turn but to defraud and deprive his own laws by cheating Native Americans with legal jargon. One day the white man is going to have to answer to the Creator and we, as Native tribes know in our hearts that whatever happens to Mother Earth, we were not responsible for her demise and we have never sold her.
When it comes to settling the Black Hills case, two (2) documents will be brought forth: Docket 74-A and Docket 74-B. In 1950, the Sioux Tribe filed a lawsuit for the return of the Black Hills in the Indian Claims Commission under the federal land claim document 74. This land claim document was separated into two parts: 74-A, which called for the compensation for cessions of lands under Article 2 of the 1868 Ft. Laramie Treaty [15 Stat. 635] and 74-B, which in violation of the U.S. Constitution's Fifth Amendment on the taking of Sioux Lands outside the Black Hills area.
In the US v. Sioux Nation [207 Ct. Cl. 234, 241; 1975], the issues were brought before the court and in 1980, a judgement ruled in favor of the Sioux and that the US government did in fact steal the Black Hills from the Sioux. A monetary judgement was awarded to the Sioux and that is where all this talk about accepting the Black Hills money comes from. However, the Black Hills are not for sale at any price. If we sell the Black Hills, each head of household would be able to at least pay one month's rent and then Paha Sapa would be lost forever and we would be the ones that the unborn generations would never look back to.
Those people who speak about how much money Paha Sapa is worth and try to convince other tribal members to think the same are people who are into the political arena or they are business owners or people with money and want more. These people only live for the day staying in tune with their American criminal Idol counterparts. Remember, Lakota's, we are not american. We are Lakota long before the coming of the white race.
But, you say, "I'm a mixed blood," then the better part of your being should take the Lakota side in your decision making of not selling. We do not need to be like honkies. We do not need money like the blacks, Hispanics, Asians or whoever. We do not need fancy houses, cars, jets, skyscrapers, and oil spills. All we have to do is return to the lives of our grandfathers. We can make our own survival techniques with the aid of the treaty, as long as each community works together for the common good. We must work as a family unit and every goal we set, we could make it possible.
The Black Hills Claim Settlement centers around the 1868 Ft. Laramie Treaty. This treaty came as a result of the Bozeman Trail Wars. Leaders and Warriors such as Crazy Horse, Sitting Bull, Red Cloud, Hump, Red Shirt, Yellow Bird, Gall, Two Strikes, forced the US Govt to hald any construction of rail roads, forts and white settlements guaranteed to the Great Sioux Nation in the 1851 Ft. Laramie Treaty [15 Stat. 635]. After the Fetterman Massacre and the defeat of Gen. Crook at the Rosebud, the US appointed a commission to return to the Dakota Territory. This commission's task was to appoint Sioux leaders that they could deal with to sign a peace treaty. This is how the 1868 Ft. Laramie Treaty came about.
Let us return to those speaking about selling the Sacred Black Hills. Those treaties that our grandfathers have made, are as sacred as the Earth. They are the keys that the white men want in order to justify their crime of stealing our lands. If a person's heart is with their people and their trials, then it is obvious that that person is part of their community and if a person is the opposite, then they are not a part of our community. They will be banished. These are the way of our grandfathers and grandfathers before them.
Money isn't everything. It never got our reservations out of poverty. Each district/community needs to exercise their right to obtain these promises and provisions of the treaty. We need to force the federal government to uphold their treaty responsibilities and obligations. If every Lakota had money in their pocket after settling the Black Hills case, how would it be spent? A house, car, booze? Give or take, but there really is no right answer. Land cannot be a part of the answer because it is done sold. Our unborn generations would ask the question, where is our share?
Greed is today's norm. Given what there is right now, take a look at area businesses. They have the money, houses, cars, pools, etc. They do provide for the people but at a price. Reservation businesses thrive upon their residents patronage. Yet, excluding basketball & baseball games, powwows, etc., how many times have they helped the homeless, orphans, treatment centers, animal shelters, the needy, anti-Indian protests, etc? Not very often if at all.
One day the US govt will claim that if we do not accept the Black Hills money-they will force us to accept. Don't be fooled. It is a play for us to sell. This money they offer is just that-an offer. It belongs to them, and the Black Hills belong to us.
By accepting their offer, the Black Hills become their possession and our treaties would be diminished to one or two articles and become non-existent.
Our reservation boundaries would shrink drastically in size due to the New Homestead Act [S.1903] being discussed by several western states including SD, ND, WY, and NEB. They claim that more and more young people are moving out of rural communities for larger city populations and these western states want larger populations. This is just an excuse to open tribal lands. Why else do you think that the federal government is buying up tribal fractionated lands under the Bureau of Indian Affairs Indian Land Consolidation Act program. [25 USC 2201]
These fractionated land acquisitions become a chess piece to get Indian tribes to give up their land rights. The next move is the Cobell Settlement, then the Black Hills Settlement. Finally comes the New Homestead Act. We implore our treaty councils to investigate these claims.
Remember, Lakota's, there are three (3) basic ways that the white man acquires land: 1. Discovery--We were here first. We discovered our lands. 2. Extinguishment of Title--We never accepted their monetary offer so we continue to hold the title. 3. Sale--We have never sold our sacred Black Hills because the Black Hills are Not for Sale!
The US Gov't would also tell us that they can take the Black Hills by Eminent Domain. However, the Great Sioux Nation had entered into treaties with the United States, making us separate yet equal Sovereign nations.
One billion dollars does not buy back the original mountain that holds the four sick faces carved in granite stone. It does not buy back the homes of the animal nations. It does not buy back the destruction and desecration of our burial and sacred sites. It does not buy back the fresh water polluted by uranium. Lakota's, look your grand children in the face and tell them their grand children will be safe and that We will never sell our sacred Black Hills.
Source: www.cobellsettlement.com; Mario Gonzalez Essay on Why Docket 74 Award must be rejected; We shall never sell our Sacred Black Hills--Joint statement of Chief Frank Fools Crow and Frank Kills Enemy on behalf of Traditional Lakota Treaty Council before honorable Lloyd Meads Sub-Committee on Interior and Insular Affairs Sept 10, 1976; Tim Giago opinion on Black Hills Claims Settlement Funds Top $1 Billion, Native Sun News 4/14/10; 1851 & 1868 Ft. Laramie Treaties with Sioux; New Homestead Act; Indian Land Consolidation Act; Sioux Tribe v. US 42 Indian Claims Commission 214.
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