ASSOCIATE JUDGE B.J. JONES DENIES REQUESTS FOR A PRELIMINARY INJUNCTION FREEZING SPENDING OF $48.9 MILLION SALAZAR SETTLEMENT AND ALSO DENIES STANDING ROCK SIOUX TRIBAL COUNCIL MOTION TO DISMISS SETTING DATE FOR PLAINTIFFS RESPONSE FOR DISMISSAL FOR OCTOBER 8

STANDING ROCK SIOUX TRIBAL CHAIRMAN CHARLES MURPHY SIGNS RESOLUTION FOR SRST TRIBAL COUNCIL BUDGET ON $48.9 MILLION SALAZAR SETTLEMENT

RECALL PETITIONS ON THREE SRST TRIBAL COUNCIL MEMBERS CERTIFIED AND DATE TO BE SET FOR RECALL ELECTION

STANDING ROCK SIOUX TRIBE COUNCIL ON AGING HAS FILED MOTION FOR PRELIMINARY INJUNCTION FREEZING SALAZAR SETTLEMENT 

9-27-12

BY DEBORAH LAVALLIE

On April 11th, U.S. Attorney General Eric Holder and U.S. Secretary of Interior Ken Salazar announced the historic $1.023 billion settlement of the United States government's mismanagement of monetary assets and natural resources held in trust by the United States Department of Interior and the United States Department of Treasury, in lawsuits filed by 41 federally-recognized tribes, ending long-running disputes and claims spanning a 100 year period, and, ending the tribal lawsuits against the government for mismanagement of tribal trust accounts, trust land and natural resources, compensating the tribes for their Breach of Trust claims.  Since the time of the announcement the tribes involved in Nez Perce et al, v Salazar, otherwise known as the Salazar Settlement have distributed or have been in the process of planning how their settlements will be disbursed to tribal membership.  While in some cases tribes have already distributed their settlements as per capita payments to their members, in some the issue of disbursement has become controversial as in the case of the Standing Rock Sioux Tribe and the distribution of the $48.9 million trust settlement the SRST received on behalf of their people.

On January 8, 2002 the Standing Rock Sioux Tribe filed a lawsuit against the U.S. Government for Breach of Trust for failing to properly account for trust funds the tribe had entrusted to the government for the sale, lease and occupancy of tribal trust lands and assets.  After ten years of litigation the government decided to settle the lawsuit for $48.9 million and the tribe agreed to that amount though the resolution No. 078-12 did not specify how the proceeds would be distributed.  The Salazar Settlement agreement executed by Bill Perry, a D.C. attorney, on behalf of the tribe, neither compelled nor prevented the distribution of the judgment in a per capita manner to tribal membership, though other tribes who received similar settlements opted to payout a 100% disbursement to their members.  Disagreement over the disbursement is now being litigated in tribal court with Petitions for Preliminary Injunctions filed by tribal members Valerie Wolf Necklace in Wolf Necklace v Standing Rock Sioux Tribal Council and Fool Bear and Dancing Bull-Buffalo Boy v Standing Rock Sioux Tribal Council, asking for a freeze on the distribution of the funds by the SRST Tribal Council until the issues are settled by the Courts.

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HISTORIC DECISION WILL BE MADE BY 'SPECIAL' JUDGE B.J. JONES ON MOTIONS FOR CONTINUANCES ON TEMPORARY INJUNCTION AND COMPLAINT FILED IN STANDING ROCK SIOUX TRIBAL COURT AGAINST THE DISBURSEMENT OF THE $48.9 MILLION SALAZAR TRUST SETTLEMENT BY SRST TRIBAL COUNCIL

HUNGER STRIKE ENDS

THE OYATE OF STANDING ROCK SIOUX TRIBE MARCH FROM SITTING BULL MONUMENT TO THE STANDING ROCK SIOUX TRIBE COURTHOUSE
9-22-12

By Deborah LaVallie

The Turtle Island Messenger 

'Special' Judge B.J.Jones will make his Decision by Monday on actions filed by Valerie Wolf Necklace and Standing Rock Sioux Tribe - ACTT Active Citizens for Tribal Truth members, Archie Fool Bear and Kathy Dancing Bull-Buffalo Boy, both who requested Continuances in order to have more time to gather information and affidavits for their motions for a Temporary Injunction and a Complaint filed in the Standing Rock Sioux Tribal Court on the disbursement of the $48.9 million Salazar Trust Settlement the Standing Rock Sioux Tribe received for the mismanagement of their lands and resources by the U.S. Government.

Testimony was heard by 'Special' Judge B.J. Jones Friday in Wolf Necklace v Standing Rock Sioux Tribal Council, which was a discrimination action for a Temporary Injunction freezing the Salzar Trust Settlement from being disbursed and was filed by Wolf Necklace on behalf of all enrolled members of the Standing Rock Sioux Tribe living off the reservation and the other case Archie Fool Bear and Kathy Dancing Bull-Buffalo Boy v Standing Rock Sioux Tribal Council which was a Complaint filed by the SRST - ACTT members requesting a Continuance, since the Complaint for a Temporary Injunction was filed on the 18th of September and a preliminary hearing was set for only 3 days later on Friday September 21.  No action was taken on the Continuance requests, but Judge Jones did allow the Plaintiffs to present testimony as to why the Complaint was so necessary.  

Testimony was presented by SRST spokesman, Fool Bear, tribal elders Mary Louise Defender, Patty Kelly, Robert Gates, Lynnes End of Horn, Rhea Archambault, and Germaine Tremmel, a United Nations Human Advocacy Worker and enrolled member of SRST originally from the Wakpala area, who was on her way home from Canada when she heard about the hearing, so she stopped by and gave testimony.  

According to Sharon Kary, former SRST Tribal Judge and court administrator and SRST - ACTT member, "The basic theme of the testimony was that the SRST Council failed to take the Settlement budget out to the people for approval, or inform them about the Salazar case and the fact that all of the people want a total payout."  She said ACTT spokesman, Archie Fool Bear did a good job with his witnesses who testified, that they were right to the point.  Witnesses described lack of disclosure, consultation and listening on the part of the tribal council and nearly all witnesses testified how the tribal council went against SRST tribal constitution requirements.  Kary stated that if Judge Jones agrees to the hearing 'all' enrolled members need to be there, "so if you live in California, New Mexico, Colorado, Washington, Minnesota, Canada - wherever - you need to make plans to come home for that hearing."

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UPDATE ON THE STANDING ROCK SIOUX TRIBE DISBURSEMENT OF THE $48.9 MILLION SALAZAR TRUST SETTLEMENT:

STANDING ROCK SIOUX TRIBAL COUNCIL SCHEDULES COUNCIL MEETING FOR 9AM THURSDAY MORNING TO DECIDE ON THE DISTRIBUTION OF SALAZAR SETTLEMENT

 SENATOR JOHN THUNE (SD) REQUESTING A MEETING WITH ACTT MEMBERSHIP

'BREECH OF TRUST' PETITION HAS BEEN FILED IN STANDING ROCK TRIBAL COURT 

 PRELIMINARY HEARING FOR TEMPORARY INJUNCTION FREEZING SALAZAR TRUST SETTLEMENT FUNDS HAS BEEN RESCHEDULED FOR FRIDAY AT NOON

9-19-12

BY DEBORAH LAVALLIE

THE TURTLE ISLAND MESSENGER

Valerie Wolf Necklace, 'Aki'cita Winyan' Woman Warrior, a Persian Gulf War Veteran, a member of the Standing Rock Sioux Tribe and also a member of the SRST - ACTT Active Citizens for Tribal Truth has joined her 'sister in the struggle', Rhea Archambault as she enters her fourth day in a hunger strike at SRST tribal headquarters in Fort Yates today, in protest of the recent actions taken by the SRST Tribal Council in their handling of the disbursement of the $48.9 million Salazar Trust Settlement and as a way to bring attention to what they view as tribal council corruption and mismanagement.

Wolf Necklace filed a Letter of Appeal last week, petitioning the SRST Tribal Court for a temporary restraining order on behalf of all SRST enrollees who live off of the Standing Rock Reservation, asking for a temporary freeze on the Salazar Trust Settlement the SRST Tribal Council will soon disburse.  The temporary restraining order was denied by Judge B.J. Jones, citing two earlier tribal court cases, Black Hills Coalition of Standing Rock Enrollees v Standing Rock Tribal Council and Seaboy v White Eagle, stating that Wolf Necklace would have to show the 'discrimination' as 'irreparable harm'.  Judge Jones found there was no 'discrimination' in the Wolf Necklace case, though he did state,  "If the Tribe or it's districts permit certain off-reservation members to benefit from district distributions than the equal rights of other off-reservation members may be violated."  A preliminary hearing was set for October 8.  Wolf Necklace received a letter from the Court, yesterday, dated September 18, informing her that the preliminary hearing had been rescheduled for Friday, September 21 at Noon.

Another Complaint was filed on Monday, September 17 in SRST Tribal Court on behalf of 31 Standing Rock enrollees and members of SRST - ACTT Active Citizens for Tribal Truth for 'Breach of Trust', a petition which basically states that the SRST Tribal Council did not follow the SRST Tribal Constitution.  The Petition states the reasoning was because the SRST Tribal Council did not take the proposed budget out to the people first and that they 'willfully disregarded' their ethical oath of office, that they betrayed the public trust by disregarding the petitions of the off-reservation tribal membership and disregarded the district motions of on-reservation enrollees asking for a 100% payout of the Salazar Trust Settlement.

The Complaint requests an injunction, freezing the Salazar Settlement funds based on the SRST Tribal Council not following tribal law, so that no funds may be spent until the Tribal Council does it's due diligence in recording the motions of the districts and petitions of all other enrollees. In the last several days tribal council members have been having meetings in the districts urging them to accept the $2 million per district offered in their proposed budget, although 60% of that has to spent on economic development projects.  Dr. Cheryl Kary, an enrolled member of the Standing Rock Sioux Tribe and spokesperson for the SRST - ACTT Bismarck/Mandan area stated, "It is truly ironic that the People of Standing Rock are forced to submit their own 'Breach of Trust' lawsuit against their elected leaders in order to assure fair and representative distribution of the Salazar Land 'Mismanagement' Settlement funds.  It illustrates the desperate need for tribal government reform when the concept of 'Democracy' - which originated from Native Peoples - is treated so shabbily by our own tribal leaders.  They are not listening to the 'People' at all."

Standing Rock Sioux Tribe - ACTT Active Citizens group received word yesterday, September 18 that a representative from Senator John Thune's office (SD) is requesting a meeting with them.

The Standing Rock Sioux Tribal Council has scheduled a tribal council meeting for 9AM Thursday to decide on the distribution of the $48.9 million Salazar Settlement funds.

RHEA ARCHAMBAULT ON HER FOURTH DAY OF HUNGER STRIKE BEING VISITED BY STANDING ROCK'S OLDEST CITIZEN, SR. THERESE MARTIN

Photo Credit: SRST - ACTT

STANDING ROCK SIOUX TRIBAL MEMBER AND "AKI'CITA WINYAN", WOMAN WARRIOR, RHEA ARCHAMBAULT ENTERS DAY 3 OF HUNGER STRIKE

9-18-12

Photo credit: SRST - ACTT

By Deborah LaVallie

The Turtle Island Messenger

Rhea Archambault, an enrolled member of the Standing Rock Sioux Tribe, of the Bear Soldier Community, McLaughlin, SD and a member of SRST - ACTT Active Citizens for Tribal Truth has entered her third day of a hunger strike against what she says are the 'unbelievable' abuses and disrespect of the people's rights committed by the SRST Tribal Council against their own people, the membership of the Standing Rock Sioux Tribe.

Three months ago, Archambault states that she took recall petitions out to the communities of Standing Rock getting signatures of the membership, recalling three tribal council members, Avis Little Eagle, Phyllis Young and Jay Taken Alive, obtaining over 2,000 signatures and to date there has been no action on the recall.  

She said that the $48.9 million Salazar Trust Settlement was made by the 'Tribe', and that "the 'People' are the 'Tribe."  On Tuesday, September 11, the SRST Tribal Council passed a motion, to comply with the SRST Tribal Constitution to bring the proposed settlement budget to the people, following tribal law, and, though there had been previous 'listening hearings' in every district of the reservation, where the consensus was that there should be a payout to all tribal members, on the day after the council meeting, on September 12, the tribal council rescinded their motion to include all members and passed their own proposed budget, which didn't include off-reservation membership.

"This is a terrible act on their part.  They think they can get away with throwing only $17 million at their poverty stricken people, district by district, and keeping $31 million for their own pet projects where themselves or their families will be made richer people," she stated.  Archambault believes the action has created more ill will among the people of the reservation, and some districts are saying they will be giving out $10,000 per capita per household and $5,000 for singles, while other districts will be giving out only $800 per person, also pitting on and off reservation tribal members against each other as the new proposed budget does not include off-reservation members.

Archambault also states that there is no way of keeping the people of the SRST Tribe informed as the Teton Times newspaper is under the control of tribal council member, Avis Little Eagle, and, the KLND Radio Station under the control of the Taken Alives, which is why one of the recall petitions was taken out on tribal council member, Jay Taken Alive.  She said that these two media outlets get big chunks of 'our' tribal money.  "When will the People have the freedom to be informed with truth and facts?" she asked.  "Accountability and responsibility have to be part of our government operations.  So many programs get big bucks with nothing coming back to the People."  Archambault will fast and pray indefinitely to bring attention to the illegal and unethical actions of the Standing Rock Sioux Tribal Council, she said.  She is joined by tribal elder, Vernon Iron Cloud who will pray with and for her as well as supporters from the community.

Archie Fool Bear, a spokesman for the group Standing Rock Sioux Tribe - ACTT Active Citizens for Tribal Truth who held a demonstration/rally in front on the William L. Guy Federal Building to try to bring attention to the potential misuse of the $48.9 million Salazar Settlement, the tribal council accepted on behalf of the 'People' in February, and to tribal council mismanagement and corruption, said that Archambault's actions show the level of commitment the ACTT group has to speaking out and getting attention to the actions of the SRST Tribal Council.

"We have sat on the sidelines long enough and watched the tribal council trample over the rights of the 'People', ignore the voice of the 'People' and the laws they were sworn to uphold, and now, they are working to divide our Tribe by making us fight each other over the Settlement, rather than giving it to all of the 'People'," Fool Bear stated.  He believes the members of the tribal council are rushing to pass a budget developed in a closed meeting by council members, rather than discussing it with the membership, as called for in the tribal constitution.  He said a majority of the districts have already passed either motions or resolutions calling for a per capita distribution for 'all' members, but these were ignored by them.  "They do have their ulterior motives for this money that the People have not had a chance to discuss," he stated.

"THE OYATE SPEAK, BUT ARE THE 'LEADERS' LISTENING?" 

STANDING ROCK SIOUX TRIBE - ACTT ACTIVE CITIZENS FOR TRIBAL TRUTH DEMONSTRATES AT WILLIAM L. GUY FEDERAL BUILDING IN BISMARCK

SRST - ACTT DEMONSTRATES AT WILLIAM L. GUY FEDERAL BUILDING IN BISMARCK

SRST - ACTT SPOKESPERSON FOR BISMARCK/MANDAN AREA DR. CHERYL KARY BEING INTERVIEWED BY LOCAL MEDIA

SRST - ACTT DEMONSTRATES AT WILLIAM L. GUY FEDERAL BUILDING IN BISMARCK

SRST ACTT RESERVATION SPOKESMAN ARCHIE FOOL BEAR BEING INTERVIEWED BY  LOCAL MEDIA

STANDING ROCK SIOUX TRIBAL COUNCIL UNDER INVESTIGATION FOR ALLEGATIONS OF TRIBAL CORRUPTION AND MISMANAGEMENT BY FEDERAL BUREAU OF INVESTIGATION

HUNGER STRIKE PROTESTING RECENT ACTIONS OF STANDING ROCK SIOUX TRIBAL COUNCIL

STANDING ROCK SIOUX TRIBAL JUDGE B.J. JONES DENIES 'LETTER FOR APPEAL' FOR A FREEZE ON $48.9 MILLION SALAZAR SETTLEMENT BUT SETS DATE FOR PRELIMINARY HEARING FOR TEMPORARY INJUNCTION FOR OCTOBER 8

SRST - ACTT HOLDS RALLY/DEMONSTRATION AT WILLIAM L. GUY FEDERAL BUILDING AT STATE CAPITAL PROTESTING TRIBAL CORRUPTION AND MISMANAGEMENT BY THE STANDING ROCK SIOUX TRIBAL COUNCIL AND DISCRIMINATION OF SRST'S OFF RESERVATION TRIBAL MEMBERSHIP

STANDING ROCK SIOUX TRIBAL COUNCIL RESCINDS MOTION MADE IN TUESDAY TRIBAL COUNCIL MEETING TAKING SALAZAR BUDGET BACK OUT TO THE DISTRICTS AND FOR PER CAPITA PAYMENT TO BE GIVEN TO 'ALL' SRST ENROLLEES

9-16-12

By Deborah LaVallie

The Turtle Island Messenger

In a desperate measure to bring attention to allegations of tribal corruption and mismanagement and recent tribal council decisions, Standing Rock Sioux Tribal member, also a member of SRST - ACTT, Active Citizens for Tribal Truth, 'Aki'cita Winyan', Woman Warrior, Rhea Archambault has made the potentially, life-threatening decision to go on a hunger strike, in the courageous act of 'crying for her People', putting her life on the line, for the 'People' of her tribe, her Mitakuyapi relatives.  Beginning her hunger strike at 2 PM Sunday at the tribal headquarters of the SRST in Fort Yates, (ND), Ohitika, 'Strong Lakota Winyan', Archambault thought long and hard about her decision, crying and praying that the SRST council will listen to the 'People' of her tribe.

The grassroots SRST - ACTT group from Standing Rock and from the Bismarck/Mandan area held a rally/demonstration in front of the William L. Guy Federal Building in Bismarck on Monday, September 10, in an effort to bring attention to concerns of recent SRST council actions to North and South Dakota Congressional leadership that have been previously ignored by them, in an effort for federal intervention.  A group of ACTT members also traveled from Minneapolis to take part in the demonstration to advocate for off-reservation enrollees being included in the $48.9 million Salazar Settlement which will soon be dispursed by the SRST tribal council.  Though the group doesn't have an 'actual' membership, there is growing support from Standing Rock Sioux Tribal members from across the country and on the reservation, itself, and more and more  tribal members have been attending the meetings.

Spokesperson for the 'off-reservation' Bismarck/Mandan area ACTT group, Dr. Cheryl Kary spoke on the dire need for reform of tribal governments because of the on-going and repeated human rights violations and abuses and mismanagement of tribal councils which limits the socio-economic progress of tribes throughout the country.  "A lot of tribes have these same issues." Calling attention to the Standing Rock Sioux Tribe, she stated, "A 'one-mob-rule' government does not work."  She said the ACTT group formed because of the civil, human and legal abuses perpetrated by the SRST Tribal Council, and as a response to the removal charges of Chairman Charles Murphy in January and her own illegal removal as the tribes' executive director.  "The only way there can be change is for a 'true' Separation of Powers.  The Judicial, the Legislative and the Executive branches of the tribal government must be independent of each other and separate", stating that there is a serious need to amend the tribal constitution.  She stated that ACTT is about standing up and speaking out, and that the 'concept' originated with Native Peoples, "This is what a 'Consensus' form of government 'by the people, and for the people' is all about."

Spokesman for the SRST ACTT reservation group, Archie Fool Bear, stated that there isn't a family on Standing Rock that doesn't have a family member who lives off the reservation or has been forced to leave because of the lack of economic progress, jobs and housing there.  He believes the $48.9 million Salazar Settlement should be paid out in per capita payments equally to on and off reservation members.  "Our people are having hard times making it in the cities and often get turned down for help when they ask the Tribe for help."  He believes that 'all' members of the Standing Rock Sioux Tribe should be able to vote and take part in their tribal government.  Local districts have to abide by tribal laws and according to Title 20 you have to be a resident for 30 days before you can qualify for help.  As a former member of the Tribal Judicial Committee, Fool Bear stated he feels the need for a constitutional amendment changing the residency clause.  "The local districts don't want to set aside money for helping their people living off the reservation.  You don't stop being an Indian, the moment you cross the Cannonball - Mobridge Bridge," he said, "You don't stop being a member of the Standing Rock Sioux Tribe."  He stated,"Our people are having such a rough time in the cities, yet there isn't anything for them to come home to."  He feels there is a need for satellite offices enrolled members of the SRST can go to for help in the major cities where tribal members have been forced to live.  He thinks the Tribe should go back to the old ways when the Oyate used to elect the council.  "A long time ago, the Chiefs use to 'serve' the Oyate, now, they are 'self-serving'."

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