Thoughts on nomenclature: In this book, I use the name of a tribe, or nation, when I am referring specifically to it, or to the affiliation of a member. For general references to multiple tribes and/or their members, I use widely acceptable terms, such as Native, Native American, American Indian, Alaska Native, and indigenous. I use the word Indian in a legal context; the word is used in statutes of the United States to designate federally recognized tribes, enrolled members, and reservations, as well as all Indian property taken as a whole, as in “Indian country.”
INTRODUCTION
1. For more on this, see the US Department of Defense in conjunction with President Obama’s National Native American Heritage Month proclamation and the article, Walter T. Ham IV, “Soldiers, Civilians Salute Native Americans’ Contributions,” US Department of Defense website, November 14, 2014.
2. Daniel McCool et al., Native Vote: American Indians, the Voting Rights Act, and the Right to Vote (Cambridge, Great Britain: Cambridge University Press, 2007); and Laughlin McDonald, American Indians and the Fight for Equal Voting Rights (Norman, Oklahoma: University of Oklahoma Press, 2010).
3. See Chapter 1, “Destitute by Design,” for a detailed look at this phenomenon.
4. M. Y. H. Brave Heart, “Wakiksuyapi: Carrying the Historical Trauma of the Lakota,” Tulane Studies in Social Welfare (2000); and M. Y. H. Brave Heart & L. DeBruyn, “The American Holocaust: Historical Unresolved Grief,” National Center for American Indian and Alaska Native Mental Health Research 8, no. 2 (1998).
5. See Chapter 1, “Destitute by Design,” for more.
6. District court case Hopi Tribe et al. v. Trump et al., filed in 2017.
7. Nauman Talli, “Tribes Promise ‘War’ over Gold Mining in Sacred Black Hills,” Native Sun News Today, December 11, 2017.
8. For more on Salyers’s death and its aftermath, see Chapter 4.
9. The connection between culture and emotional health is considered a given by most tribal people; among the many peer-reviewed scientific studies corroborating the concept are Henson et al., “Identifying Protective Factors to Promote Health in American Indian and Alaska Native Adolescents: A Literature Review,” Journal of Primary Prevention 38, no. 1–2 (April 2017); and Garroutte et al., “Spirituality and Attempted Suicide among American Indians,” Social Science & Medicine 56, no. 7 (April 2003).
10. Warren Schultz, “The Story of Rosanne’s Guitar,” Garden Design, (November 1997).
1: DESTITUTE BY DESIGN
1. Western Refining Southwest Inc. and Western Refining Pipeline, LLC, v. Acting Navajo Regional Director, Bureau of Indian Affairs, 63 IBIA 41 (2016). For more, see Stephanie Woodard, “How the US Government Is Helping Corporations Plunder Native Land,” In These Times, (September 2016).
2. US Department of the Interior, 2015 Status Report: Land Buy-Back Program for Tribal Nations (November 2015).
3. US Department of Energy and US Department of the Interior, Report to Congress: Energy Policy Act of 2005, Section 1813, Indian Land Rights-of-Way Study (May 2007).
4. See Chapter 1, note 3.
5. The information and statements that Terry Beckwith provided in this chapter came from many interviews and email communications during 2016 and 2017.
6. Navajo Nation Division of Economic Development, “Fast Facts,” on the division’s website, http://www.navajobusiness.com, accessed October 2017.
7. Arizona Department of Health Services, “Prevention Services”; figure based on the US Census Bureau’s 2011–2015 5-Year American Community Survey (2017).
8. US Census Bureau, Small Area Income and Poverty Estimates: 2015 All Ages in Poverty, interactive map https://www.census.gov, accessed October 2017.
9. Narayana Kocherlakota, “Persistent Poverty on Indian Reservations: New Perspectives and Responses,” Ninth District Notes, Federal Reserve Bank of Minneapolis (June 2015).
10. Eric C. Henson et al., The State of the Native Nations: Conditions under US Policies of Self-Determination, the Harvard Project on American Indian Economic Development (New York: Oxford University Press, 2008).
11. The district court case Western Refining Southwest, Inc., et al. v. 3.7820 Acres of Land in McKinley County, New Mexico, et al., filed in 2014 and stayed in 2016 pending the resolution of a related matter.
12. Brian Sawers, “Tribal Land Corporations: Using Incorporation to Combat Fractionation,” Nebraska Law Review 88, no. 2 (February 2009).
13. Emails and interviews on this and related subjects with Nedra Darling, director of public affairs for the Bureau of Indian Affairs, took place during June 2016.
14. Email communications in July 2016 from Gary Hansen, then vice president of corporate communications for Western Refining, and in November 2017 from Brendan Smith, senior communications specialist at Andeavor Logistics, which purchased Western Refining that year in a deal valued at $1.7 billion.
15. Leonie Gopher v. Rocky Mountain Regional Director, Bureau of Indian Affairs, 60 IBIA 189 and 60 IBIA 315 (2015); material in this section also includes material from interviews with Leona Gopher.
16. General Allotment Act of 1887, ch. 119, 24 Stat. 388, as amended, 25 U. S. C. § 331 et seq., 49th Cong., 2nd sess., Feb. 8, 1887.
17. David Grann, Killers of the Flower Moon: The Osage Murders and the Birth of the FBI (New York: Doubleday, 2017) is an exploration of this period.
18. Several interviews with Lance Morgan took place mainly in 2011 and 2016; see also innumerable articles and books describing the Native American development of corn. One book is Jack Weatherford, Indian Givers: How the Indians of the Americas Transformed the World (New York: Fawcett Columbine, 1988); another is Charles C. Mann, 1491: New Revelations of the Americas Before Columbus (New York: Knopf, 2005).
19. Interview with Cris Stainbrook in March 2016; follow-up emails in April, October, and November 2016 and November 2017.
20. Theodore Roosevelt, “First Annual Message,” accessed via The American Presidency Project, hosted on the internet by the University of California, Santa Barbara, October 2017.
21. Congressional Record: Proceedings and Debates of the Forty-Eighth Congress, 2nd Sess. (Washington, DC: Government Printing Office, 1885).
22. US Office of Indian Affairs, Annual Reports of the Department of the Interior for the Fiscal Year Ended June 20, 1897: Report of the Commissioner of Indian Affairs (Washington, DC: Government Printing Office, 1897).
23. Donald Wharton et al., Examination of the United States 7th, 8th and 9th Periodic Reports of June 2013: Joint Submission of Two Alternative Reports Regarding the Violations of Indigenous Children’s Right to Culture and Continuing Legacy of the Boarding School Policies, submitted to the United Nations Committee on the Elimination of Racial Discrimination (CERD), 85th sess. (2014).
24. Indian Land Tenure Foundation, “Land Tenure Issues,” on the group’s website, https://iltf.org, accessed 2017.
25. “The Great Chief: Red Cloud Meets His White Brethren at Cooper Institute,” New York Times, June 17, 1870.
26. Fort Laramie Treaty, 1868, accessed via The Avalon Project of Yale Law School, October 2017.
27. This statement came from interviews with Walter Littlemoon in July, August, and September 2011 and on related subjects in the following years.
28. Mann, 1491. Mann looks at controversies over population numbers, which may have been higher than 100 million for the entire New World or, as other scholars have claimed, a small fraction of that. The long-running disagreement arises partly from lack of direct evidence, Mann writes, but also from the politics of colonization. That is, it is easier for non-Natives to accept the seizure of lands that were empty or nearly so.
29. Indian Land Tenure Foundation, “Land Tenure History,” on the group’s website, https://iltf.org, accessed 2017.
30. Indian Reorganization Act, 48 Stat. 984, 25 USC. § 461 et seq.; 73rd Cong., 2nd sess., June 18, 1934.
31. House Concurrent Resolution 108, a 1953 formal statement by Congress calling for termination; Stainbrook, interview.
32. “Klamath Tribes History,” on the tribal website, http://klamathtribes.org/history, accessed October 2017.
33. “Brief History,” on the tribal website, http://www.menominee-nsn.gov, accessed October 2017; see also the website of Menominee Tribal Enterprises, http://wwwmtewood.com.
34. American Indian Policy Review Commission, Final Report, Submitted to Congress May 17, 1977, vol. 1 (Washington, DC: Government Printing Office, 1977).
35. Vine Deloria Jr., Custer Died for Your Sins: An Indian Manifesto (New York: Macmillan, 1969).
36. Richard Nixon, “Special Message to the Congress on Indian Affairs” (July 8, 1970), accessed via The American Presidency Project in 2017.
37. US Department of Agriculture, 2012 Census of Agriculture, American Indian Reservations, vol. 2, Subject Series, part 5 (National Agricultural Statistics Service, 2014).
38. Interview and email communications with Carroll Webster and additional tribal officials in November and December 2016.
39. Valerie Volcovici, “Trump Advisors Aim to Privatize Oil-Rich Indian Reservations,” Reuters, December 5, 2016.
40. “Rep. Markwayne Mullin Refutes Speculation of ‘Privatizing’ Tribal Land,” Indianz.com, December 7, 2016.
41. Robert J. Miller, “Indian Entrepreneurship,” in Unlocking the Wealth of Indian Nations, edited by Terry L. Anderson (Lanham, Maryland: Lexington Books, 2016).
42. Innumerable books and articles have analyzed these sites; for descriptions, see the World Heritage List on UNESCO’s website, https://whc.unesco.org.
43. Interview with Curley Youpee, director, Fort Peck Tribes Cultural Resources Department, in April 2008.
44. Lindsay Jones and Richard D. Shiels, eds., The Newark Earthworks: Enduring Monuments, Contested Meanings (Charlottesville, Virginia: University of Virginia Press, 2016).
45. Miller, “Indian Entrepreneurship.”
46. Frank Pommersheim, Broken Landscape: Indians, Indian Tribes, and the Constitution (New York: Oxford University Press, 2009).
47. Martin Case, “Treaty Signers: Making the American Myth,” (lecture, Minnesota Humanities Center, St. Paul, Minnesota, broadcast on Minnesota Native News, May 5, 2015); additionally, emails clarifying various issues during 2016.
48. Journals of the Continental Congress, Rufus King and William Samuel Johnson, annotators, “An Ordinance for Ascertaining the Mode of Disposing of Lands in the Western Territory” (Philadelphia: John Dunlap, 1785).
49. Matthew L. M. Fletcher, “The Iron Cold of the Marshall Trilogy,” Faculty Publications, Michigan State University College of Law (82 N.D. L. Rev. 627, 2006); see also the Supreme Court cases Johnson v. McIntosh, decided in 1823, Cherokee Nation v. Georgia, decided in 1831, and Worcester v. Georgia, decided in 1832.
50. The Supreme Court case United States v. Sioux Nation of Indians, decided in 1980; see also Fletcher, “The Iron Cold of the Marshall Trilogy.”
51. Walter R. Echo-Hawk, In the Courts of the Conqueror: The 10 Worst Indian Law Cases Ever Decided (Golden, Colorado: Fulcrum Publishing, 2010).
52. Lance Morgan, “The Rise of Tribes and the Fall of Federal Indian Law,” Arizona State Law Journal, 2017; this section was amplified by interviews and email communication with Morgan in 2011 and 2016.
53. “Bureau of Indian Affairs Opens Consultation on Big Economic Proposal,” Indianz.com, February 7, 2017.
54. Morgan, “The Rise of Tribes and the Fall of Federal Indian Law.”
55. Ibid.
56. The Supreme Court case Nevada et al. v. Hicks et al., decided in 2001.
57. Interviews with tribal attorney Mary Wynne during 2001 and 2002.
58. Numerous interviews between 2001 and 2011 with tribal member and leading rights advocate Faith Spotted Eagle and Tessa Lehto, editor of the Yankton Sioux Tribe’s Sioux Messenger for several years.
59. Interviews with attorneys for the Yankton Sioux Tribe: Mary Wynne, in 2001, and Charles Abourezk, in 2011.
60. “2010–11 Term Supreme Court Cases,” National Indian Law Library of the Native American Rights Fund, https://www.narf.org/nill, accessed October 2017.
61. Interviews with tribal members and officials in 2011 and again in 2013 when the sign was erected; see also Mary Annette Pember, “‘How Could Anyone Have So Much Hate?’ New Kind of Range War in So. Dakota,” Indian Country Media Network, September 16, 2013.
62. Miller, “Indian Entrepreneurship.”
63. Numerous interviews with Frank LaMere and Mark Vasina in 2011 and 2012; interview with a Whiteclay shopkeeper in February 2012.
64. Stephanie Woodard, “Gold Mines in Hell,” 100Reporters.com, February 21, 2012; in a 2012 interview, Nick Tilson, head of the Thunder Valley Community Development Corporation, in the northern part of Pine Ridge, told me that Whiteclay and other border towns have a “parasite-host” relationship with their neighboring reservations.
65. Nebraska Supreme Court case Stuart Kozal et al. v. Nebraska Liquor Control Commission et al., decided in 2017.
66. Stephen L. Pevar, The Rights of Indians and Tribes, 4th ed. (New York: Oxford University Press, 2012).
67. Steven Peterson, 2010 Economic Impact Report: The Five Tribes of Idaho, report prepared for the Coeur d’Alene tribe and others (2010).
68. Information Insights, The Economic Impact of Alaska Native Organizations on Interior Alaska, report prepared for Doyon Limited et al. (Fairbanks, Alaska, 2008).
69. Phone interview with and email from Dr. Malia Villegas, director of the Policy Research Center of the National Congress of American Indians, in June 2013; see also Mark Fogarty, “The Growing Economic Might of Indian Country,” Indian Country Media Network, March 15, 2013.
70. President Barack Obama signed the Claims Resolution Act in December 2010; see also the district court case Cobell v. Kempthorne, filed in 2008; and see Indian Trust Settlement, http://www.cobellsettlement.com.
71. Timothy Egan, “Indians Win Major Round in Fight over Trust Accounts,” New York Times, February 23, 1999.
72. Alan Balaban, Site Visit Report of the Special Master to the Office of Appraisal Services in Gallup, New Mexico and the Bureau of Indian Affairs Navajo Realty Office in Window Rock, Arizona, made part of the Cobell case record by Judge Royce C. Lamberth in 2003.
73. See Chapter 1, note 70.
74. Stainbrook, interview.
75. For a helpful explanation of fractionation, see US Department of the Interior, 2015 Status Report: Land Buy-Back Program for Tribal Nations.
76. Jacob W. Russ and Thomas Stratmann, “Creeping Normalcy: Fractionation of Indian Land Ownership,” CESifo Working Paper Series no. 4607 (January 31, 2014); material in this section was amplified by an interview with Thomas Stratmann.
77. US Department of the Interior, 2015 Status Report: Land Buy-Back Program for Tribal Nations.
78. Kristin T. Ruppel, Unearthing Indian Land: Living with the Legacies of Allotment (Tucson, Arizona: University of Arizona Press, 2008).
79. Stainbrook, interview.
80. Stainbrook, email.
81. Rob Capriccioso, “Bill and Hillary Clinton’s Global Initiative Ups Support of Tribes,” Indian Country Media Network, June 24, 2013.
__
2: ON THE VOTING-RIGHTS FRONTLINE
1. Daniel McCool et al., Native Vote: American Indians, the Voting Rights Act, and the Right to Vote (Cambridge, England: Cambridge University Press, 2007). See also Jean Schroedel et al., “Vote Dilution and Suppression in Indian Country,” Studies in American Political Development 29, no. 1 (April 2015); additionally, interviews with McCool in 2014 and Schroedel in 2014, 2015, 2016, and 2017. For more information and background, see Stephanie Woodard, “The Missing Native Vote,” In These Times, June 2014.
2. This information and other statements throughout this chapter from O. J. and Barb Semans, Four Directions consultant Bret Healy, and the group’s legal director, Greg Lembrich, came from interviews that took place from 2010 through 2017; for a discussion of voting ahead of Election Day nationwide, see Diana Kasdan, Early Voting: What Works, a research report from The Brennan Center for Justice at New York University School of Law, 2013.
3. This problem was discussed at length by voting-rights advocates and federal, state, and county officials during the September 2010 meeting in Fall River; in addition, Chris Nelson, then South Dakota’s secretary of state and head elections official, testified about it during 2012 hearings for a lawsuit Oglala Sioux voters subsequently filed.
4. Multiple interviews and emails with candidates, including then state senator Larry Lucas (D-Dist. 26), who was running for reelection, and state and party officials. See also the National Republican Congressional Committee’s breathless description of the fry bread fests and another purported imbroglio involving bowls of chili and the high-level law-enforcement officials in the state to whom the GOP appealed for help: “Democrat Dirty Laundry: Embattled Herseth-Sandlin Caught Trying to Buy Votes, Desperate South Dakota Democrat Caught in the Crosshairs of Food-for-Votes Investigation,” nrcc.org, October 10, 2010.
5. The district court case Brooks v. Gant, decided in 2012.
6. The district court case Poor Bear v. The County of Jackson, decided in 2017.
7. The district court case Wandering Medicine et al. v. McCulloch et al., filed in 2012 in Montana and appealed to the Ninth Circuit Court of Appeals, which issued a decision in 2014
8. The district court case Sanchez v. Cegavske, settled in 2016, including an emergency court order for provision of on-reservation early in-person voting.
9. McCool et al., Native Vote.
10. For more detail on different states’ rules, see Chapter 2, note 2 for the report of the Brennan Center.
11. The district court cases Navajo Nation v. San Juan County, decided in 2015; Navajo Nation v. San Juan County, decided in 2016; and Navajo Nation, a federally recognized Indian tribe, et al. v. San Juan County, decided in 2017.
12. The district court case US v. San Juan County, decided in 1985.
13. Information and statements from Maya Kane in this chapter came from multiple interviews during 2015, 2016, and 2017.
14. Jean R. Schroedel, An Evaluation of Factors Affecting Indian Voting in Three Montana Counties, expert witness report in Wandering Medicine v. McCulloch (2014)
15. Navajo Nation Human Rights Commission et al. v. San Juan County et al., No. 2:2016-cv-0154 (D. Utah 2016).
16. For more, see Navajo Nation Human Rights Commission v. San Juan County, et al., on the Lawyers’ Committee for Civil Rights Under Law website, https://lawyerscommittee.org, accessed November 2017.
17. The Supreme Court case Yick Wo v. Hopkins, decided in 1886.
18. The district court case Ramah Navajo Chapter et al. v. Jewell, filed in 1990.
19. US Department of Justice, “Attorney General Loretta E. Lynch and Secretary of the Interior Sally Jewell Announce Settlements of Tribal Trust Accounting and Management Lawsuits,” Office of Public Affairs, September 26, 2016.
20. Healy, interview.
21. Trans-Pecos Pipeline, LLC, 155 FERC ¶ 61,140 (2016) (May 2016 Order).
22. Posted to the Big Bend Conservation Alliance Facebook page on September 21 and 22, 2016.
23. Kevin K. Washburn, “Trump Proposes Hundreds of Millions in Cuts to Federal Appropriations for Indian Country,” Indian Country Media Network, May 25, 2017.
24. The district court case Veasey v. Abbott, filed in Texas in 2014; originally decided in favor of minority vote access, a decision that was overturned on appeal in 2018.
25. Mark Trahant, “#NATIVEVOTE16—Indian Country Wins with More Representation in the States,” https://trahantreports.com, July 2016.
26. See Chapter 2, note 1.
27. Frank L. Baum, “The Sitting Bull Editorial,” Aberdeen Saturday Pioneer, December 20, 1890.
28. See Chapter 2, note 1.
29. Ibid.
30. William Janklow, “Official Opinion No. 77-73, Voting Rights Act of 1965, as amended by Public Law 94-73: bilingual elections,” August 23, 1977, accessed in 2011 and 2018 on the website of the South Dakota attorney general, https://atg.sd.gov.
31. Laughlin McDonald, American Indians and the Fight for Equal Voting Rights (Norman, Oklahoma: University of Oklahoma Press, 2010).
32. The Supreme Court case Shelby County, Ala. v. Holder, decided in 2013.
33. See Chapter 2, note 16 for more on the distance issue.
34. South Dakota Advisory Committee to the United States Commission on Civil Rights, Native Americans in South Dakota: An Erosion of Confidence in the Justice System, March 2000.
35. United States Commission on Civil Rights, Discrimination Against Native Americans in Border Towns: A Briefing Before the United States Commission on Civil Rights Held in Washington, D.C., 2007.
36. The district court case Daschle v. Thune, decided in 2004.
37. Aura Bogado, “From Arizona to Montana, Native Voters Struggle for Democracy,” Colorlines, January 28, 2013.
38. Information about activities surrounding the 2014 election on Pine Ridge came from interviews on the reservation with Donna Semans.
39. Interview with county auditor (head elections official) for Fall River County, South Dakota, in October 2014.
40. Interview with sheriff of county overlapping much of Pine Ridge in October 2014.
41. Email from the office of the US Attorney for South Dakota; the telephone call was also confirmed during the in-person interview in the polling-place with county auditor Ganje.
42. O. J. Semans, interview.
43. Donna Semans, interview.
44. Interviews with county officials from 2010 to 2017.
45. See Chapter 2, note 6 for the lawsuit.
46. Jonathan Ellis, “Voting Rights Lawsuit Enters Costly Phase: Despite Adverse Ruling and Other Hurdles, Jackson County Continues Costly Court Fight,” Argus Leader, August 15, 2015.
47. Cory Allen Heidelberger, “Jackson County Spending $1.5M to Resist Setting Up $20K Voting Centers for Indians,” Dakota Free Press, August 16, 2015.
48. “So What’s the Connection Between Sioux Falls Democratic Mayor Huether and a Voting Rights Lawsuit in Jackson County?” South DaCola, August 18, 2015.
49. Interview with Jeff Barth in September 2015.
50. McDonald, American Indians and the Fight for Equal Voting Rights.
51. Interview with Laughlin McDonald in September 2013.
52. Sanchez v. Cegavske.
53. Interview with Bobby Sanchez in October 2016.
54. Interview with Vinton Hawley in October 2016.
55. The district court case Brakebill v. Jaeger, filed in 2016, amended complaint filed in 2017, judge’s order issued in 2018 with significant victories for voters seeking access to the ballot box.
56. Interview and emails with Matthew Campbell, Native American Rights Fund attorney, in December 2015 and January 2016.
57. The district court cases Nick v. Bethel, Alaska, decided in 2010, and Toyukak v. Treadwell, decided in 2014; see also articles by Native American Rights Fund attorney Natalie Landreth and others, posted on the organization’s website in the section titled “Our Work,” www.narf.org/our-work/.
58. Interviews and emails with James Tucker over several months in 2014; the documents included the plaintiff’s motion for summary judgment in Toyukak v. Treadwell, filed on April 4, 2014.
59. Numerous press accounts included Richard Mauer, “Alaska Elections Worker Ignored Mangled Yup’ik Translation, Court Hears,” Alaska Dispatch News, June 26, 2014, updated September 28, 2016.
60. Interview with Grace Mulipola, Bristol Bay Native Corporation.
61. Interviews with Greg Lembrich and South Dakota state senator Troy Heinert (D-Dist. 26) in November 2014.
62. Interviews and emails with Native Youth Leadership Alliance communications director Jesse Short Bull, as well as with state senator Kevin Killer (D-Dist. 27), in November 2014.
63. Stephanie Woodard, “In a Rare Move, the Justice Department Drafts a Bill of Its Own—to Ensure Native Voting Rights,” Rural America In These Times, June 1, 2015.
64. Interviews with Mark Wandering Medicine about voting and other rights issues spanned the years 2012 through 2016.
65. Webster’s conclusions, as described in Schroedel’s expert report, see Chapter 2, note 14.
66. Interviews and emails with Bryan Watt, then Montana Democratic Party communications director, in March 2014.
67. Interview with Pratt Wiley, Democratic National Committee national director of voter expansion, in March 2014.
68. Interviews and emails with Tom Rodgers in March and April 2014, along with additional interviews on related matters in 2012 and 2013.
69. Interviews with Greg Lembrich, O. J. Semans, Bret Healy and Daniel McCool; see also Chapter 2, note 1.
70. The district court lawsuit Large v. Fremont County, Wyo., decided in 2010.
71. For more on this, see the US Department of Defense in conjunction with President Obama’s National Native American Heritage Month proclamation and in an article, Walter T. Ham IV, “Soldiers, Civilians Salute Native Americans’ Contributions,” Americans’ Contributions,” US Department of Defense website, November 14, 2014.
3: GODS AND MONSTERS
1. The email was part of the administrative record of an Interior Board of Land Appeals (IBLA) claim, Waterton Global Mining Company, LLC., IBLA 2015-23, which I received from attorney Rollie Wilson, of the law firm Fredericks Peebles & Morgan LLP, who was handling the case for the Battle Mountain Band.
2. According to the website of the Bureau of Land Management, https://www.blm.gov, accessed October 2017.
3. I interviewed Joseph Holley, chairman and later tribal council member of the Battle Mountain Band of the Te-Moak Tribe of Western Shoshone Indians, and Ted Howard, cultural resources director and later chairman of the Shoshone-Paiute Tribes, on the subject of Tosawihi during 2015, 2016, and 2017; I also visited the area in 2016 and 2017. The information Holley and Howard imparted appears throughout this chapter. Related interviews were with Raymond Yowell, South Fork Band of the Te-Moak Tribe of Western Shoshone Indians; Colleen Burton and Kathleen Holley, Battle Mountain Band; Reggie Sope and Murray Sope, Shoshone-Paiute Tribes; and others as identified here.
4. Amy Goodman of Democracy Now! reported on the September 3, 2016, incident at Standing Rock. She broadcast a video of the event the following day; it can be seen at https://www.democracynow.org, accessed October 2017.
5. Inteviews about this larger context were with many tribal members over nearly twenty years, including Tessie Naranjo, Santa Clara Pueblo; Izzy Zephier and Faith Spotted Eagle, Yankton Sioux Tribe; Tim Mentz, Kenny Painte, Dennis Painte, and Aubrey Skye, Standing Rock Sioux Tribe; James Rideout and Chester Earl, Puyallup Tribe; Brett Lee Shelton, Oglala Sioux Tribe; Justin Willie, Navajo Nation; and Barbara Wilson, Haida Nation.
6. Te-Moak Tribe of Western Shoshone website, “Battle Mountain Band Colony,” http://www.temoaktribe.com/battlemountain.shtml, accessed October 2017.
7. The Wilderness Society, No Exit: Fixing the BLM’s Indiscriinate Energy Leasing, June 18, 2016.
8. Email from Greg Deimel in November 2017.
9. Bureau of Land Management, “Wild Horse and Burro Program: Myths and Facts,” https://www.blm.gov, accessed October 2017.
10. The text of the letter and its signatories, as well as a list of major media outlets covering the effort, has been archived at http://thenaturalhistorymuseum.org, accessed October 2017.
11. See Chapter 3, note 1.
12. See Chapter 3, note 1; see also Bureau of Land Management, Hollister Underground Mine Project Record of Decision, Plan of Operations Amendment Approval, and Approval of Issuance of Right-of-Way Grants, Elko District, Tuscarora Field Office, Elko, Nevada, March 31, 2014.
13. Press release, Waterton Global Resource Management, promulgated in May 2014. In November 2014, according to the Bureau of Land Management, Waterton changed the name of the local subsidiary working at the mine to Carlin Resources LLC. In 2017, Waterton sold the mine to Klondex Mines Ltd.
14. Bureau of Land Management press spokesperson Jeff Krauss via email in September 2015; spokesperson Greg Deimel reiterated this view in November 2017, emailing to say the work was “permitted in a sound manner.”
15. Ted Howard and Joseph Holley, interviews.
16. Interview and emails with Robert G. Elston, a professor of anthropology at the University of Nevada, Reno, in October 2016.
17. Agenda, Dispute Resolution for the Hollister Mine, Conference call, November 16, 2015..
18. See Chapter 1, in particular references to information from Frank Pommersheim and Martin Case.
19. For a facsimile of the treaty, see “Sioux Treaty of 1868” on the website of the US National Archives and Records administration, https://www.archives.gov, accessed October 2017.
20. Interviews with Izzy Zephier, Yankton Sioux Tribe, and Mark Wandering Medicine, Northern Cheyenne. See also David Rooks, “‘World’s Largest Biker Bar’ Puts Sin City at Base of Bear Butte,” Indian Country Media Network, June 23, 2016, and “Sturgis Rally Threatens Native American Sacred Site,” Indian Country Media Network, September 9, 2011.
21. The Supreme Court case United States v. Sioux Nation of Indians, decided in 1980.
22. Interview with Raymond Yowell in March 2017.
23. Interviews with Ted Howard and with Native American Rights Fund attorney Brett Lee Shelton in 2015.
24. National Park Service Cultural Resources, “Traditional Cultural Properties: What You Do and How We Think,” CRM 16 (1993).
25. Section 1 of the National Historic Preservation Act, Pub. L. No. 89-665, as amended by Pub. L. No. 96-515, protects US historic sites and created the Advisory Council on Historic Preservation, the National Register of Historic Places, and tribal and state historic preservation offices; the act describes preservation as a federal partnership with tribes, states, and other entities.
26. “Programmatic Agreement among the Department of the Interior, Bureau of Land Management Tuscarora Field Office, the Nevada State Historic Preservation Office, Advisory Council on Historic Preservation and Rodeo Creek Gold, Inc. Regarding the Hollister Underground Mine Project,” signed in April and May 2013; assumed by the Waterton Global Mining Company, LLC, on March 11, 2014. In response to a public records request, the Nevada State Historic Preservation Office provided many additional documents showing the steps involved in the mining approval process as it applied to Tosawihi.
27. In 1996, President Clinton affirmed the federal commitment to tribal sovereignty and the need to consult tribes on issues and actions that affected them in his “Executive Order 13007: Indian Sacred Sites.” Four years later, Clinton upheld the commitment with “Executive Order 13175: Consultation and Coordination with Indian Tribal Governments”; in 2009, President Obama’s “Presidential Memorandum on Tribal Consultation” reconfirmed Clinton’s stance.
28. Native American Graves Protection and Repatriation Act (NAGPRA), Pub. L. 101-601, 25 USC. 3001 et seq., 104 Stat. 3048.
29. National Park Service Cultural Resources, “Traditional Cultural Properties: What You Do and How We Think”; information updated during interviews with Kurt Anschuetz and other archaeologists in 2001 and with Ted Howard from 2015 through 2017.
30. Interview with Paul Loether in September 2015.
31. The Nevada State Historic Preservation Office has posted the Nevada State listing for the National Register of Historic Places, effective date February 1, 2016, on its website, http://www.shpo.nv.gov.
32. Information on the sewing and basketmaking tools came from an interview with Western Shoshone basketmaker Leah Brady in September 2016.
33. Interview with Western Shoshone craftsman and stone knife maker Seth Jones in February 2017.
34. The district court case Battle Mountain Band of the Te-Moak Tribe of Western Shoshone Indians v. United States Bureau of Land Management et al., with order denying plaintiff’s request for restraining order filed in 2016.
35. Information and statements appearing throughout this chapter from Rollie Wilson, of the law firm Fredericks Peebles & Morgan LLP, were gathered during interviews and via emails in 2015 and 2016.
36. Interview with Tanya Reynolds in September 2016.
37. Email from spokesperson Greg Deimel in November 2017.
38. National Geographic and numerous other magazines, newspapers, and blogs published photographs, videos, and satellite imagery of ISIS demolishing the Gates of Nineveh in April 2016, as well as of ISIS fighters smashing museum exhibits, tombs, shrines, and other places and artifacts at around that time.
39. The many outlets that reported the Taliban dynamiting the Buddhas of Bamiyan in Afghanistan in 2001 included the BBC, the Guardian, the Washington Post, and the New York Times.
40. The Mining Law of 1872 is officially known as the Act of May 10, 1872 (R.S. §2319 et seq.; 30 USC. 22 et seq.).
41. Bureau of Land Management, “Programs Overview,” https://www.blm.gov, accessed October 2017.
42. Bureau of Land Management Abandoned Mine Lands Program, with National Park Service, US Forest Service, Office of Surface Mining, and the Environmental Protection Agency, Dangers at Abandoned Mines: AML Safety Brochure, BLM/WO/GI-13/009+3720, P-416, September 2014.
43. Information on the EPA’s 2011 Toxics Release Inventory accessed and analyzed by Progressive Leadership Alliance of Nevada.
44. Center for Western Priorities, The Mining Burden: States Would Shoulder Significant Costs of Cleaning Up Abandoned Mines If They Take Over American Lands, December 2, 2015.
45. Interview and emails with Gene Hattori, curator of anthropology at the Nevada State Museum, in Reno, in September 2016.
46. Elston, interview and emails.
47. Ibid.
48. William Hildebrandt et al., “Prehistory of Nevada’s Northern Tier: Archaeological Investigations along the Ruby Pipeline,” American Museum of Natural History Anthropological Papers, no. 101, March 11, 2016.
49. Hattori, interview and emails.
50. Shelton, interview.
51. Edward Winslow et al., A Relation or Journal of the Beginning and Proceedings of the English Plantation Settled at Plimoth in New England, by Certain English Adventurers Both Merchants and Others (London: John Bellamie, 1622), transcribed from facsimiles by Caleb Johnson for http://www.mayflowerhistory.com.
52. Jeffrey L. Hantman et al., “The Enlightened Archaeologist: Recent Excavations in Virginia Offer New Insight into Jefferson’s Study of an Indian Mound,” Archaeology 46, no. 3 (1993).
53. David Hurst Thomas, with a foreword by Vine Deloria Jr., Skull Wars: Kennewick Man, Archaeology, and the Battle for Native American Identity, (New York: Basic Books, 2001).
54. Ashley Dunn, “A Heritage Reclaimed; From Old Artifacts, American Indians Shape a New Museum,” New York Times, October 9, 1994; see also the National Museum of the American Indian’s website at http://www.nmai.si.edu.
55. The Peabody Museum of Archaeology and Ethnology; the museum’s description of its collections, accessed on its website, https://www.peabody.harvard.edu.
56. For an account of what is today considered a great tragedy, see David La Vere, Looting Spiro Mounds: An American King Tut’s Tomb (Norman, Oklahoma: University of Oklahoma Press, 2007).
57. Interview with Marcella LeBeau in October 2012.
58. M. Rasmussen, et al., “The Ancestry and Affiliations of Kennewick Man,” Nature 523 (July 2015); see also Richard Walker, “Kennewick Man Returns Home: After 20 Years, Kennewick Man, or the Ancient One, Is Reburied,” Indian Country Media Network, February 21, 2017.
59. American Indian Religious Freedom Act, S.J. Res. 102, August 11, 1978, Pub. L. 95-341, 92 Stat. 469, codified in part 42 USC. § 1996.
60. Interviews with Jonathan Holley and Kiana Vance in October 2016 and August 2017.
61. Interviews with Kathleen Holley in September 2016 and August 2017.
62. Interview with Noah Morris, EMT with the Standing Rock Medic & Healer Council in November 2016; see also the district court case Dundon et al. v. Kirshmeier et al., filed on November 28, 2016; and also a November 20, 2016, press release from the Standing Rock Medic & Healer Council, “Standing Rock: Critical Injuries after Police Attack with Water Cannons, Rubber Bullets in Freezing Temps.”
63. HB 1203, 65th Legislative Assembly of North Dakota: “A Bill for an Act to create and enact section 32-03.2-02.2 of the North Dakota Century Code, relating to the liability exemption of a motor vehicle driver; and to amend and reenact section 39-10-33 of the North Dakota Century Code, relating to pedestrians on roadways.”
64. On December 4, 2016, the US Department of the Army, Office of the Assistant Secretary, Civil Works, sent a memo to the commander of the US Army Corps of Engineers: “Proposed Dakota Access Pipeline Crossing at Lake Oahe, North Dakota.” The document rescinded permission for the easement allowing the pipeline to cross the Missouri River just upstream of the Standing Rock Sioux Tribe’s water supply intake; the memo also directed that an environmental impact statement be prepared. The memo was made part of the tribe’s lawsuit against the corps: Standing Rock Sioux Tribe (plaintiff) and Cheyenne River Sioux Tribe (plaintiff-intervenor) v. US Army Corps of Engineers (defendant) and Dakota Access, LLC. (defendant-intervenor); Case 1:16-cv-01534-JEB, filed July 27, 2016. In February 2017, the Trump administration granted the easement, the pipeline was finished, and oil began flowing through it. At publication time, the lawsuit was still before the courts.
65. Interview with Wendsler Nosie in November 2016.
66. Interview with Ramona Bennett in June 2016; see also Trova Heffernan, Where the Salmon Run: The Life and Legacy of Billy Frank Jr. (Seattle, Washington: University of Washington Press, reprint edition, 2013).
67. Interviews with Frank LaMere, Winnebago Tribe of Nebraska and director of Four Directions Community Center in Sioux City, and Mark Vasina, director of the documentary The Battle for Whiteclay (2008), http://www.battleforwhiteclay.org;; see also John A. Maisch, director, Sober Indian / Dangerous Indian: A Story of Empowerment through Sobriety,” (2014), http://www.soberindian.com.
68. Interview with Judith LeBlanc; see also Stephanie Woodard, “The Never-Ending Indian Wars: Spotlight Returns to Standing Rock,” part of a special report, “Standing Rock on the Move,” Yes! Magazine, January 24, 2017.
69. Interview with Frankie Orona in December 2016.
70. LeBlanc, interview; see also Woodard, “The Never-Ending Indian Wars.”
71. Andy Rosen, “18 Arrested in Gas Pipeline Protest in Western Massachusetts,” Boston Globe, May 2, 2017.
72. LeBlanc, interview.
73. Mark Trahant, “The Real Standing Rock Victory Is This: ‘Inevitable’ Is Not What It Used to Be,” Yes! Magazine, December 4, 2016.
74. Elizabeth Miller, “‘As Close as the US Gets to Egypt’s Pyramids’: How Chaco Canyon Is Endangered by Drilling,” Guardian, November 8, 2017.
75. “USDA Final Report Pursuant to Executive Order 13783 on Promoting Energy Independence and Economic Growth,” published in the Federal Register on November 1, 2017.
76. Environmental Protection Agency, An Assessment of Potential Mining Impacts on Salmon Ecosystems of Bristol Bay, Alaska, EPA 910-R-14-001ES, January 2014.
77. Drew Griffin et al., “EPA Head Met with a Mining CEO—and Then Pushed Forward a Controversial Mining Project,” CNN, October 24, 2017.
78. Interviews with Alannah Hurley in November 2016 and October 2017; see also Stephanie Woodard, “Warnings from First Americans: Insidious Changes Are Underway That Will Affect Us All,” Rural America In These Times, October 5, 2017.
79. Interview with Bonnie Gestring, November 2016.
80. Ibid.
81. Tour of the area and review of environmental analyses while in the Fort Belknap Indian Community.
82. Interview with William Main.
83. Earthworks announced the campaign in a November 2017 press release entitled, “Groups Ask DEQ to Halt Unlawful Mining by Former Leader of Bankrupt Mining Company.”
84. Alaska Bristol Bay Mining Ban, Ballot Measure 4 (2014). Election results archived by the state of Alaska at http://www.elections.alaska.gov, accessed November 2017.
85. Interview with Kimberly Williams in November 2016.
86. Alannah Hurley, 2016 interview.
87. Interview with Carina Miller in November 2016.
88. Aaron Payment, in a transcript for the Tribal Council Listening Session, in Phoenix, Arizona, on October 11, 2016; prepared for the US Department of the Interior.
89. Interview with Stella Kay in November 2016.
90. Michigan Department of Attorney General and Michigan Department of Environmental Quality, Michigan Petroleum Pipeline Task Force Report, Lansing, Michigan, July 2015.
91. Aaron Payment, transcript.
92. Information archived by the Pipeline and Hazardous Materials Safety Administration, https://www.phmsa.dot.gov, accessed January 2016.
93. Personal communication with Ryan Duffy.
94. Michigan Department of Attorney General and Michigan Department of Environmental Quality, Michigan Petroleum Pipeline Task Force Report.
95. Interview and emails with Rollie Wilson in December 2016.
96. Interview with Dylan Jennings in January 2017.
97. Interview with Mark Maryboy in December 2016.
98. Utah Diné Bikéyah has archived a timeline of the Bears Ears proposal on its website, http://www.dinehbikeyah.org.
99. “EPA Update on Gold King Mine Response: San Juan River Data,” an undated memo on the Environmental Protection Agency’s website, https://www.epa.gov, which provides links to the 2015 data.
100. Doug Brugge, Timothy Benally, and Esther Yazzie-Lewis, eds., with a foreword by Stewart L. Udall, The Navajo People and Uranium Mining (Albuquerque: University of New Mexico Press, 2006) is a devastating account, with first-person testimony, of the Navajo people’s experience in the mines. They dug uranium from the earth with picks and shovels but no safety gear or information about the danger of what they were doing, and no regard for the health and safety of their families living nearby.
101. Maryboy, interview.
102. Interview with Lydia Johnson in August 2017.
103. Interview with Paul Huet in May 2017.
104. Interview with Marleine Knight in August 2017.
4: ROUGH JUSTICE
1. This description of Corey Kanosh’s death comes from interviews and email communications in August and November 2016 with his sister, Marlee Kanosh, who runs the Facebook page, Native Lives Taken by Police. The description also comes from the December 14, 2012, announcement of the results of the police investigation of Kanosh’s death by the Office of the Millard County [Utah] Attorney and from recordings of the incident and the investigation posted online and accessed in August 2016. Kanosh’s passing was covered at the time by media outlets including Fox 13 in Salt Lake City and Indian Country Media Network; see Christina Rose, “Natives Call for Attention to Police Killing of Paiute Corey Kanosh,” Indian Country Media Network, January 13, 2015.
2. This information derives from interviews and email communications during the summer of 2016 with Drew Dalton, attorney for Jeanetta Riley’s husband, and with April Linscott, attorney for Riley’s children; from the April 2016 complaint Linscott filed on the children’s behalf, Dana Maddox et al. v. The City of Sandpoint et al.; from the Sandpoint Police Department report on the incident, obtained via a public records request; and from dashcam video posted online; see Myriah Towner, “Shocking Moment Two Cops Shot Dead Pregnant Mother-of-Three Who Was Threatening to Kill Herself with a Knife,” Daily Mail, April 4, 2015.
3. Material on this incident and its aftermath, described throughout this chapter, comes from numerous interviews ranging from January 2016 to January 2018, as well as from visits to Seattle and Tacoma, Washington, visits to the scene of the death and to the Puyallup Reservation in Tacoma. The interviews were with several relatives of the dead woman, including her mother, Lisa Earl, her uncle James Rideout, her cousin Chester Earl, fellow tribal members including council member Tim Reynon, and her Tacoma neighbor Gary Harrison. Much material also comes from the Tacoma Police Department’s report on the incident, obtained via a public records request, from a February 2016 interview with Tacoma Police Department spokesperson Loretta Cool, and from email communications in succeeding months with Cool and another spokesperson, Shelbie Boyd.
4. The Justice Department memo on this subject, dated March 31, 2017, calls for “local control and responsibility” for police departments and redefines what extensive reviews had found to be widespread, long-standing problems as instead the “misdeeds of individual bad actors.” The promulgation of the memo was widely reported, including by Mark Berman, “Sessions Wants a Review of Consent Decrees, Which Have Been Used for Decades to Force Reforms,” Washington Post, April 4, 2017.
5. Christopher Hartney and Linh Vuong, Created Equal: Racial and Ethnic Disparities in the US Criminal Justice System, National Council on Crime and Delinquency, March 2009.
6. US Sentencing Commission, Quick Facts: Native Americans in the Federal Offender Population, https://www.ussc.gov, August 2017; see also US Sentencing Commission, Quick Facts: Offenders in the US Bureau of Prisons, June 2017.
7. Kevin K. Washburn, “American Indians, Crime, and the Law,” Michigan Law Review 104, no. 4 (2006).
8. Numerous interviews with Mark Wandering Medicine took place from 2013 through 2016.
9. US Department of Justice, Offices of the United States Attorneys, “Jurisdictional Summary,” https://www.justice.gov, accessed November 2017.
10. Pevar, The Rights of Indians and Tribes.
11. Interview with Matthew Rappold in January 2018. For more on issues like these, see Frank Pommersheim, “Is There a Little (or Not So Little) Constitutional Crisis Developing in Indian Law? A Brief Essay,” University of Pennsylvania Journal of Constitutional Law 5, no. 2 (2003).
12. Major Crimes Act, ch. 341, § 9, 23 Stat. 362,385 (l885), as amended 18 US § 1153 (2000). For a discussion of the imposition of an alien, adversarial justice system on tribes and the contemporary return by some to traditional justice, often called peacemaking, see Juliana E. Okulski, “Complex Adaptive Peacemaking: How Systems Theory Reveals Advantages of Traditional Tribal Dispute Resolution Methods,” American Indian Law Journal 5, no. 1 (2017). See also the Indigenous Peacemaking Initiative materials on the Native American Rights Fund website, https://www.narf.org, accessed November 2017. See also Vine Deloria Jr. and Clifford M. Lytle, American Indians, American Justice (Austin, Texas: University of Texas Press, 1983).
13. Under the Sixth Amendment, we Americans have a right to counsel—unless the person in the dock is a tribal member facing a charge in tribal court. In such courts, an individual is not necessarily represented by a lawyer; if convicted, he or she has a record that can result in an “upward departure,” or increased sentence, in a subsequent federal proceeding. The US Supreme Court found this acceptable in United States v. Bryant, decided in 2016.
14. The Supreme Court cases United States v. Wheeler, decided in 1978, and United States v. Lara, decided in 2004. In 2017, the Ninth Circuit Court of Appeals, which covers the nine westernmost states, also denied a double-jeopardy claim. A Northern Cheyenne woman had been convicted in tribal court and had served time for charges arising from a 2014 matter. In 2016, the federal government indicted her in connection with the same events. In refusing her appeal, the Ninth Circuit judges said legal precedent showed that “successive prosecutions for the same offense are not barred by the Double Jeopardy Clause if brought by separate sovereigns,” and that tribes “count as separate sovereigns under the Double Jeopardy Clause.” See district court case United States v. Bearcomesout, decided in 2016, then appealed to the Ninth Circuit Court of Appeals, which issued a decision in 2017.
15. For additional reporting and analysis on these and other Indian-country legal matters, see the exceptional and comprehensive blog Turtle Talk at https://turtletalk.wordpress.com.
16. Carole Goldberg and Duane Champagne, Final Report: Law Enforcement and Criminal Justice Under Public Law 280, a publication of the Native Nations Law and Policy Center, November 1, 2007. See also Public Law 83-280 (18 USC. § 1162, 28 USC. § 1360), a report of the Tribal Court Clearinghouse, a project of the Tribal Law and Policy Institute, http://www.tribal-institute.org, accessed November 2017. See also Ada Pecos Melton and Jerry Gardner, Public Law 280: Issues and Concerns for Victims of Crime in Indian Country, a report from American Indian Development Associates, http://www.aidainc.net, accessed November 2017.
17. Washburn, “American Indians, Crime, and the Law.”
18. See World Prison Brief, an online database hosted by the Institute for Criminal Policy Research, London, http://www.prisonstudies.org, accessed November 2017; for similar figures, see the American Civil Liberties Union’s “The Prison Crisis,” accessed on its site aclu.org in January 2018; see also The Sentencing Project, “Criminal Justice Facts” and Trends in U.S. Corrections, The Sentencing Project, http://www.sentencingproject.org, accessed November 2017.
19. Interviews and email communications with Matthew Rappold in March and April 2017 and in January 2018.
20. Interviews and email communications with Vaughn Vargas in June 2017.
21. Funding from the John D. and Catherine T. MacArthur Foundation supports the police department’s efforts. Statistics and other information are posted under “Pennington County, SD” on the foundation’s website http://www.safetyandjusticechallenge.org, accessed January 2018.
22. B. J. Jones and Christopher Ironroad, “Addressing Sentencing Disparities for Tribal Citizens in the Dakotas: A Tribal Sovereignty Approach,” North Dakota Law Review 89, no. 1 (2013). Information amplified in an interview with Jones in July 2017.
23. Jones and Ironroad, “Addressing Sentencing Disparities for Tribal Citizens in the Dakotas.”
24. US Sentencing Commission, Ad Hoc Advisory Group on Native American Sentencing Issues, Final Report of the Native American Advisory Group, November 4, 2003.
25. US Sentencing Commission, Tribal Issues Advisory Group, Report of the Tribal Issues Advisory Group, May 16, 2016.
26. Washburn, “American Indians, Crime, and the Law”; Jones and Ironroad, “Addressing Sentencing Disparities for Tribal Citizens in the Dakotas.
27. Washburn, “American Indians, Crime, and the Law.”
28. Charles Wohlforth, “Disbelieved Fairbanks Four Alibis Show How Anti-Native Bias Taints Justice,” Alaska Dispatch News, March 26, 2016, updated July 1, 2016.
29. Email communications with Garfield Feather were in 2011 and 2017; the judge was Myron H. Bright, who was with the Eighth Circuit Court of Appeals until his death in December 2016.
30. Interview with O. J. Semans in May 2017.
31. Fatal Force is the Washington Post database, while The Counted is the tally kept by the Guardian. Database errors were noted and conveyed to me by the families of Jacqueline Salyers and Daniel Covarrubias, as well as by Claremont Graduate University researchers Jean Schroedel and Roger Chin.
32. Mike Males, “Who Are Police Killing?” Center for Juvenile and Criminal Justice, August 26, 2014; interview with Mike Males in July 2016, along with multiple email communications with him between June and August 2016.
33. Jean Schroedel and Roger Chin, “Whose Lives Matter: The Media’s Failure to Cover Police Use of Lethal Force Against Native Americans,” Race and Justice (October 2017). Additional information came from statistics and analysis in the study, as well as from discussions of police practices and training methods during numerous interviews with Roger Chin between December 2015 and October 2017.
34. Males, interview.
35. Dean Williams and Joe Hanlon, Alaska Department of Corrections: An Administrative Review, commissioned by Alaska governor Bill Walker August 10, 2015, submitted November 13, 2015; the document included investigations of the deaths of Alaska Natives Larry Kobuk, Joseph Murphy, and Gilbert Joseph, among others.
36. Interview with Federal Bureau of Investigation spokesperson Kyle Loven in July 2016.
37. Media reports on these deaths included Sarah Sunshine Manning, “Manning: Sarah Lee Circle Bear Died While in Police Custody; Family Seeks Justice,” Indian Country Media Network, July 28, 2015; Sheena Louise Roetman, “Here Is What We Know About the Death of Choctaw Medicine Man Rexdale W. Henry,” Indian Country Media Network, July 28, 2015; Tabitha Soden, “Eureka Man Found Hanged at Humboldt County Jail,” Times-Standard, June 27, 2015; and Ernestine Chasing Hawk, “Eagle Butte Man Dies after CRST Police Officers Beat Him,” Native Sun News, September 23, 2015. Supporters of the family of Phillip High Bear, of Eagle Butte, have posted extensive video online of the protest rally on his behalf.
38. US Commission on Civil Rights reports include: Native Americans in South Dakota: An Erosion of Confidence in the Justice System (South Dakota Advisory Committee, 2000); Equal Educational Opportunity for Native American Students in Montana Public Schools (Montana Advisory Committee, July 2001); A Quiet Crisis: Federal Funding and Unmet Needs in Indian Country (2003); Broken Promises: Evaluating the Native American Health Care System (2004); The Farmington Report: Civil Rights for Native Americans 30 Years Later (New Mexico Advisory Committee, 2005); Discrimination Against Native Americans in Border Towns: A Briefing Before the United States Commission on Civil Rights Held in Washington, D.C., the transcript of a November 9, 2007, meeting; and The US Commission on Civil Rights Concerned with Dakota Access Pipeline, a November 2016 statement about “excessive use of force by police, the civil and sovereign rights of Native Americans, and environmental justice.”
39. Interview with Malee Craft in September 2016 about several topics, including a meeting announced by USCCR as “Bordertown Discrimination in Montana: A Briefing Meeting by the Montana State Advisory Committee to the US Commission on Civil Rights”; see also Clara Caulfield, “Civil Rights Commission Hosts Hearing on Bordertown Discrimination in Montana,” Native Sun News, September 14, 2016.
40. Interview with Darleen Tareeq in September 2016.
41. Information and commentary from Bonnie Duran throughout this chapter comes from an interview with her in June 2016.
42. Tabulation made by Jessica Stites, executive editor of In These Times magazine, in preparation for publication of Stephanie Woodard, “The Police Killings No One Is Talking About,” In These Times, October 17, 2016.
43. Schroedel and Chin, “Whose Lives Matter.”
44. Interview with Jim Trainum in June 2016.
45. Interview with Melissa Russano in June 2016.
46. Suicide Prevention Resource Center, Suicide Among Racial/Ethnic Populations in the US: American Indians/Alaska Natives (Waltham, MA: Education Development Center, Inc., 2013).
47. National Congress of American Indians, FY 2016 Indian Country Budget Request: Promoting Self-Determination, Modernizing the Trust Relationship (Washington D.C., January 2015).
48. Suicide Prevention Resource Center, Suicide Among Racial/Ethnic Populations in the U.S.: American Indians/Alaska Natives.
49. This information comes from numerous discussions with Chin about police training and related matters.
50. Multiple interviews with trainers and observation of training at the Washington State Criminal Justice Training Commission facility in Burien, Washington, in June 2016.
51. Information on the Puyallup Tribe and the response to Jacqueline Salyers’s death comes from visits, public records requests, and numerous interviews with many individuals, as described in Chapter 4, note 3, above.
52. Nancy Krieger et al., “Police Killings and Police Deaths Are Public Health Data and Can Be Counted,” PLOS/Medicine 12, no. 12 (December 2015).
53. For more on the march, see Brynn Grimley and Natalie DeFord, “Hundreds Gather to March in Protest of Tacoma Police Shooting,” News Tribune, March 16, 2016.
54. The report, The Maze of Injustice: The Failure to Protect Indigenous Women from Sexual Violence in the USA,” can be found on the Amnesty International website, http://www.amnestyusa.org.
55. Brittney Bennett, “Law Was Meant to Let American Indians Prosecute Violence; Is It Working?” USA Today, March 25, 2017.
56. Information on the number and types of deaths at Pine Ridge was obtained in interviews during May 2012 with then tribal vice chairman Tom Poor Bear, with law-and-order committee chair James “Toby” Big Boy, and with a relative of one of those found dead at Pine Ridge.
57. Craft, interview.
58. Signed by Special Agent in Charge Douglas Domin of the Minneapolis Division, the 2000 report lists information associated with each death, along with the FBI investigation’s “finding” related to the event. This information was supported by an interview with another special agent in the FBI’s Minneapolis office, which covers several states including South and North Dakota; he could not say why these particular fifty-seven cases had been chosen for the report.
59. Poor Bear, interview.
60. Information about Chase Iron Eyes and his involvement in Native Lives Matter comes from an interview in September 2016.
61. Iron Eyes, interview.
62. Ibid.
63. Interviews with Troy Amlee and J. R. Bobick in September 2016.
64. Interviews with Marlee Kanosh in late 2016.
65. The fatalities were reported by Marlee Kanosh for the Facebook page Native Lives Taken by Police, as well as in Stephanie Woodard, “A Deadly Month: Police Shootings of Natives Spike in October,” Indian Country Media Network, November 16, 2016; the article and this section include information from interviews and email communications with Kanosh in November 2016.
66. Kanosh, interview.
67. The Supreme Court case Salazar-Limon v. City of Houston, decided in 2017.
5: TAKE THE CHILDREN
1. Information about the First Nations Repatriation Institute speeches and activities comes from my attendance at the meeting in 2011 and from interviews then and in succeeding years with conference organizer Sandra White Hawk and meeting attendees, including Roger St. John. The George Polk Program for Investigative Reporting funded my articles on this issue; a portion of the writing appears in Trace A. DeMeyer and Patricia Cotter-Busbee, eds., Two Worlds: Lost Children of the Indian Adoption Project (Greenfield, Massachusetts: Blue Hand Books, 2012).
2. Andrea Smith, Indigenous Peoples and Boarding Schools: A Comparative Study, prepared for the Secretariat of the United Nations Permanent Forum on Indigenous Issues (New York, February 2008). “Let All That Is Indian within You Die!” Native American Rights Fund Legal Review 38, no. 3 (summer/fall 2013). Other valuable sources of information on the boarding schools’ methods over the years and their effect on the pupils include Maria Yellow Horse Brave Heart and Lemyra M. DeBruyn, “The American Indian Holocaust: Healing Historical Unresolved Grief,” American Indian and Alaska Native Mental Health Research 8, no. 2 (February 1998); and the books Margaret Archuleta et al., Away from Home: American Indian Boarding School Experiences (Phoenix, Arizona: Heard Museum, 2000); Walter Littlemoon with Jane Ridgway, They Called Me Uncivilized: The Memoir of an Everyday Lakota Man from Wounded Knee (New York, Bloomington: iUniverse Press, 2009), which Randy Vasquez made into the documentary film The Thick Dark Fog (2012); Karl Markus Kreis, ed., and Corinna Daily-Starna, trans., Lakotas, Black Robes, and Holy Women: German Reports from the Indian Missions in South Dakota, 1886–1900 (Lincoln, London: University of Nebraska Press, 2007); Tim Giago (Nanwica Kciji), Children Left Behind: The Dark Legacy of Indian Mission Boarding Schools (Santa Fe, New Mexico: Clear Light Publishing, 2006); Irene Mahoney, O.S.U., Lady Blackrobes: Missionaries in the Heart of Indian Country (Golden, Colorado: Fulcrum Publishing, 2006); Marilyn Irvin Holt, Indian Orphanages (Lawrence, Kansas: University Press of Kansas, 2001); and David Wallace Adams, Education for Extinction: American Indians and the Boarding School Experience, 1875-1928 (Lawrence, Kansas: University Press of Kansas, 1995).
3. Smith, Indigenous Peoples and Boarding Schools.
4. Ibid.
5. Legal Review, “Let All That Is Indian within You Die!”
6. Dane Coolidge, “‘Kid Catching’ on the Navajo Reservation: 1930,” in Steven Unger, ed., The Destruction of American Indian Families (New York: Association of American Indian Affairs, 1977).
7. For an example, see Congressional Record: Proceedings and Debates, December 28, 1922.
8. Legal Review, “Let All That Is Indian within You Die!” as well as additional information from the sources in Chapter 5, Note 2.
9. Theodore Roosevelt, “First Annual Message,” accessed via The American Presidency Project in October 2017.
10. Numerous personal communications on several reservations during 2011 and succeeding years, along with information from “Let All That Is Indian within You Die!”
11. Conversation with Roderica Rouse in 2012 took place on the Yankton Sioux Reservation, in South Dakota.
12. Legal Review, “Let All That Is Indian within You Die!” See also William Yardley, “Catholic Order Reaches $166 Million Settlement with Sexual Abuse Victims,” New York Times, March 25, 2011.
13. Conversations in 2012 with various tribal members, who asked for anonymity, on Sisseton Wahpeton Oyate’s South and North Dakota reservation.
14. The letters and reports were given to me in 2011 by an attorney from the law firm Manly, Stewart & Finaldi; the firm and that of Gregory A. Yates brought scores of claims of childhood sexual abuse on behalf of Native clients.
15. Interview in 2012 with attorney Steven Smith of Chamberlain, South Dakota, who represented a Catholic Church school and spoke to the legislature in support of HB 1104.
16. The legislature’s HB 1104 became SDCL [South Dakota Codified Law] 26-10-25.
17. Yardley, “Catholic Order Reaches $166 Million Settlement with Sexual Abuse Victims.”
18. Interview in 2015 with John Doe, who asked that his real identity not be provided to the public; the district court lawsuit was John Does 1–16 et al. v. Ursuline Sisters of the Western Province et al.
19. Doe, interview; material from the related lawsuit.
20. Doe, interview.
21. Doe, interview; material from the related lawsuit.
22. This information came from interviews, mainly during 2011, with Walter Littlemoon on the Pine Ridge Indian Reservation in South Dakota; with Izzy Zephier, Roderica Rouse, Sherwyn Zephier, and others on the Yankton Sioux Reservation; Charles Baxter of the Omaha Reservation, in Nebraska and Iowa; members of the extended Wanna family and numerous others on the Sisseton Wahpeton Reservation; attendees at the First Nations Repatriation Institute conference in Minneapolis–Saint Paul; and in 2004 with Justin Willie in the Arizona portion of the Navajo Reservation.
23. Baxter, interview.
24. Anonymous interview in 2011 on the Sisseton Wahpeton Reservation.
25. Interviews and emails with Ken Bear Chief from 2011 through 2014.
26. Richard Nixon, “Special Message to the Congress on Indian Affairs,” July 8, 1970, accessed via The American Presidency Project in October, 2017.
27. American Indian Religious Freedom Act, Public Law No. 95-341, 92 Stat. 469; August 11, 1978, codified at 42 USC. § 1996.
28. For a description of the surveys, see William Byler, “The Destruction of American Indian Families” in Unger, ed., The Destruction of American Indian Families.
29. Byler in The Destruction of American Indian Families.
30. Ibid.
31. James Abourezk, “The Role of the Federal Government: A Congressional View” in Unger, ed., The Destruction of American Indian Families.
32. Interview in 2011 with Sandra White Hawk.
33. Sandra White Hawk’s speech to the 2011 First Nations Repatriation Institute conference.
34. Renée Sansom Flood, Lost Bird of Wounded Knee: Spirit of the Lakota (New York: Scribner, 1995).
35. Flood, Lost Bird of Wounded Knee.
36. White Hawk, speech.
37. Interviews with Danialle Rose in 2011, 2012, and 2018. She now runs the Medicine Voice Healing Center. When I first spoke to her, she worked on the Crow Creek Sioux Reservation in South Dakota as an in-home family therapist.
38. Indian Child Welfare Act, Pub. L. 95-608, 92 Stat. 3069 (1978), codified at 25 USC. §§ 1901-1963.
39. US Department of Health and Human Services, Administration for Children, Youth and Families, Office of Data, Analysis, Research, and Evaluation, Recent Demographic Trends in Foster Care, September 2013. For an analysis of the current situation and the Supreme Court’s involvement, see Matthew L. M. Fletcher, “The Next Justice’s Impact on the Indian Child Welfare Act,” Law360.com, August 23, 2016.
40. Numerous interviews with Frank LaMere from 2010 through 2014.
41. Rose, interview.
42. Interview with Terry Yellow Fat in 2012.
43. IbisWorld, Adoption & Child Welfare Services in the US Market Research, January 2017.
44. Laura Sullivan, “Native Foster Care: Lost Children, Shattered Families,” All Things Considered, NPR, October 25, 2011.
45. LaMere, interviews.
46. Rose, interviews.
47. The district court case Oglala Sioux Tribe v. Van Hunnik (Fleming), filed in 2013; the lawsuit is ongoing.
48. Stephen Pevar, “In South Dakota, Officials Defied a Federal Judge and Took Indian Kids Away from Their Parents in Rigged Proceedings,” American Civil Liberties Union, posted on the organization’s website, https://www.aclu.org, February.
49. Interviews with ACLU senior staff attorney Stephen Pevar in 2013.
50. Stephen Pevar, interviews. See also the extensive reporting on this issue by Cherokee journalist and author Suzette Brewer, archived on Indian Country Media Network.
51. Kate Fort, “ICWA Defense Project Memorandum,” February 18, 2017, https://turtletalk.wordpress.com.
52. The district court case A.D. et al. v. Kevin Washburn, judge’s order on behalf of tribes’ ability to intervene filed in 2016.
53. Fort, “ICWA Defense Project Memorandum.”
54. “ICWA Appellate Project,” https://turtletalk.wordpress.com.
55. Sally C. Curtin et al., Suicide Rates for Females and Males by Race and Ethnicity: United States, 1999 and 2014, NCHS Health E-Stat., National Center for Health Statistics, April 2016.
56. Interviews with Diane Garreau in 2011 and 2012.
57. Diane Garreau, interviews; also, M. Y. Heart et al., “Historical Trauma among Indigenous Peoples of the Americas: Concepts, Research, and Clinical Considerations,” Journal of Psychoactive Drugs 43, no. 4 (October–December 2011).
58. Interview with Jake Martus in 2011.
59. Interview with Alvin Rafelito in 2012.
60. Interview with Keggulluk in 2013.
61. Interview with Yvonne “Tiny” DeCory in 2013.
62. T. D. LaFromboise and H. A. Lewis, “The Zuni Life Skills Development Program: A School/Community-Based Suicide Prevention Intervention,” Suicide and Life-Threatening Behavior 38, no. 3 (June 2008).
63. For additional research and academic papers on the ways culture can counterbalance suicide risk factors among Native children, see D. Henry et al., “Patterns of Protective Factors in an Intervention for the Prevention of Suicide and Alcohol Abuse with Yup’ik Alaska Native Youth,” American Journal of Drug and Alcohol Abuse 38, no. 5 (September 2012); J. Mackin et al., “The Power of Protection: A Population-Based Comparison of Native and Non-Native Youth Suicide Attempters,” American Indian and Alaska Native Mental Health Research 19, no. 2 (2012); N. V. Mohatt et al., “Assessment of Awareness of Connectedness as a Culturally-based Protective Factor for Alaska Native Youth,” Cultural Diversity & Ethnic Minority Psychology 17, no. 4 (October 2011).
64. Numerous interviews with Julie Garreau from 2010 to 2017.
65. Interview with Keggulluk in 2012.
66. Interview with Evon Peter in 2012.
6: THE ARC FROM PAST TO FUTURE
1. Michael A. Sheyahshe, Native Americans in Comic Books: A Critical Study (Jefferson, North Carolina, and London: McFarland & Company, Inc., 2008); Hope Nicholson, ed., Moonshot: The Indigenous Comics Collection, vol. 1 (Toronto, Canada: Alternate History Comics Inc., 2015); and Grace L. Dillon, ed., Walking the Clouds: An Anthology of Indigenous Science Fiction (Tucson, Arizona: University of Arizona Press, 2012).
2. Look for the work of chef Sean Sherman, who is Oglala Lakota; White Mountain Apache chef Nephi Craig; and chef and cookbook writer Lois Ellen Frank, who is Kiowa and Sephardic; among many.
3. Interview with Steve LaRance in 2016.
4. Interview with Peter Strong in the Heritage Center’s gallery in 2012.
5. Interview with Mike Faith in the Standing Rock buffalo field in 2011.
6. Interview with Aubrey Skye in 2011; additional interviews with Skye from 2004, when I met him at Slow Food’s Terra Madre conference in Turin, Italy, to 2017 supported this point.
7. Interviews with Kimberly White Bull and other participants mentioned in the text took place during the field-dressing of the buffalo.
8. Interviews with Standing Rock Sioux Diabetes Program head John Buckley in 2011.
9. Ibid.
10. Interview with Philip Lane in 2002.
11. Centers for Disease Control and Prevention, The Health Effects of Overweight and Obesity, https://www.cdc.gov, accessed early 2018.
12. Skye, 2011 interview.
13. Buckley, interviews.
14. Jerry Lipka, Joan Parker Webster, and Evelyn Yanez, “Introduction: Factors That Affect Alaska Native Students’ Mathematical Performance,” Journal of American Indian Education 44, no. 3 (2005).
15. Interview with Sassa Peterson in 2015.
16. Interviews with Jerry Lipka in 2015, and additional information from him in 2018. Lipka is principal investigator for Math in a Cultural Context; he has retired from the University of Alaska Fairbanks, where he taught for many years, including in the Cross-Cultural Education Development Program in Alaska’s Bristol Bay region.
17. Lipka, interview.
18. Ibid.
19. Numerous interviews with Kurt Anschuetz from 2001 to 2011. For more on his many published papers, see Kurt F. Anschuetz and Kurt E. Dongoske, “Hadiya:Wa: Hearing What Traditional Pueblo Cultural Advisors Talk About,” Collaborative and Community Archaeology Symposium, Annual Meeting of the Society for American Archaeology, Vancouver, Canada, April 2, 2017. See also Damian Garcia and Kurt F. Anschuetz, “Movement as an Acoma Way of Life: An Archaeology of the Pueblo’s Pathways and Impressions,” Pueblo Movement and the Archaeology of Becoming, Meeting of the Society for American Archaeology, Vancouver, Canada, March 30, 2017.
20. Interview with Herman Agoyo at Ohkay Owingeh Pueblo in 2001; subsequent interviews with him in succeeding years. For more on the Pueblo gardens, see also V. B. Price and Baker H. Morrow, eds., Canyon Gardens: The Ancient Pueblo Landscapes of the American Southwest (Albuquerque, New Mexico: University of New Mexico Press, 2006).
21. Interview with Louie Hena at Tesuque Pueblo prior to going out to look for the old gardens.
22. Interviews with Steven Dominguez Sundjordet in 2002 and succeeding years, including 2018. For more, see Steven Sundjordet, “Let Them Plant Their Own: Implications of Interactive Crop-Loss Processes During Drought in Hopi Maize Fields,” Journal of Ethnobiology, Volume 37, number 2, 2017; Steven Dominguez, “Optimal Gardening Strategies: Maximizing the Input and Retention of Water in Prehistoric Gridded Fields in North Central New Mexico,” World Archaeology 34, no. 1 (2002; published online February 15, 2012); Steven Dominguez and Kenneth E. Kolm, “Beyond Water Harvesting: A Soil Hydrology Perspective on Traditional Southwestern Agricultural Technology,” American Antiquity 70, no. 4, (October 2005).
23. Interviews with Tessie Naranjo in 2001 and succeeding years. She has taught and published widely, is a past chair of the Native American Graves Protection and Repatriation Review Committee, and has coordinated and participated in scholarly projects.
24. Interviews with Dennis Hastings in 2011 and succeeding years; additional information from his collaborators at the Omaha Tribal Historical Research Project, Richard Chilton and Margery Coffey, in 2011 and 2018.
25. Interviews with Vincent Snyder in 2011; Snyder also forwarded photographs and drawings of the museum in order to clarify its design.
26. Robin Ridington and Dennis Hastings (In’aska), Blessing for a Long Time: The Sacred Pole of the Omaha Tribe (Lincoln, Nebraska: University of Nebraska Press, 2000).