Feature article Montana Powwow Overcomes Cutbacks, Setbacks

By Adam Sings In The Timber
Originally published on Reznet

MISSOULA, Mont.—Despite being shorter in length and taking longer to
organize, this year’s Native American student-run powwow at the University of Montana attracted more than 500 dancers and 20 drums.

Amber Walks Over Ice, vice president of the Kyi-Yo Native American Student Association, which organized the 41st annual Kyi-Yo Celebration, declared the powwow a success—despite cutbacks and setbacks.

“The officers and the small amount of members have just been really
busy, working their butts off throughout both semesters,” Walks Over
Ice said.

The powwow was cut to two days, from the usual three, and the Kyi-Yo
organizers lacked the assistance of a powwow class, normally offered in
spring semester to train students to help organize the celebration. The
university was unable to fund the class this year, Walks Over Ice said.

Crow-style dancer Calvin Walks Over Ice, of Lodge Grass, Mont., said
he skipped the Crow Nation’s election of a new tribal chairman April 18
so he could be in Missoula for the powwow.

“We thought that our style of dance should be represented here since
they were gracious enough to have a category for our style of dance,”
he said.

In addition to all the dancers and spectators, more than 20 drums
participated in this year’s powwow, including host drums Meskwaki
Nation from Tema, Iowa, and Eya-Ney Nakoda from Morley, Alberta,
Canada.

Crows Use Hand Games as Teaching Tool

By Adam Sings In The Timber
Originally published on Reznet

CROW AGENCY, Mont.—Teams from nine districts on the Crow Reservation
took part in a junior hand-game tournament that stressed the importance
of each player's clan.

In addition to the Pipe, Sacred Tobacco and the Sweat Lodge, the clan system is central to the Crow way of life.

"We want them (the players) to know what clan they come from ... so
that they can respect their clans," said Stanley Pretty Paint, a
tournament organizer, who described the hand games as "a real good tool
to teach" young Crows about tradition and culture.

The tournament, which ended Sunday, took place over five days last
week. All the players were under 30 years old. The teams, composed of
15 to 50 players each, were organized by district but had members of
each of the tribe’s eight clans.

Before the start of each match, the announcer asked members of each
clan to stand up so the opposing team knew who their clan relatives
were so they could pay proper respect to them.

The teams competed for prizes that included jackets, saddles, hand
drums, and money. The team from the Wyola district won first place in
the tournament that has been ongoing since the 1960s.

Supreme Court Denies Certiorari in Friday Case, Remands to District Court

On February 23rd, the United States Supreme Court denied review of the Tenth Circuit's May 2008 decision in United States v. Winslow Friday, a case involving an Arapaho man's challenge to the Interior Department's application of the various federal laws requiring accommodation of Indian religious and traditional uses of eagle feathers.

Winslow Friday, who shot and killed a bald eagle for use in a Sun Dance ceremony without a federal permit, will now face criminal prosecution in federal court in Wyoming and a possible one-year prison sentence and $100,000 fine.

The Supreme Court did not issue any written opinion explaining its decision not to hear the case, which began in federal district court in Wyoming with criminal charges in 2005 against Friday for the unlawful taking of an eagle on the Wind River Reservation.  In 2006, U.S. District Court Judge William Downes, however, granted Friday's pre-trial motion to dismiss because the evidence was overwhelming that the U.S. Fish and Wildlife Service, an agency in the U.S. Department of the Interior, was not acting in accordance with federal laws (notably the Religious Freedom Restoration Act and the Bald and Golden Eagle Protection Act as well as the administrative regulations promulgated pursuant to the Eagle Protection Act).

Judge Downes said in his October 2006 bench opinion dismissing charges
against Friday: "Although the government professes respect and
accommodation of the religious practices of Native Americans, its
actions show callous indifference to such practices … It is clear to
this court that the government has no intention of accommodating the
religious beliefs of Native Americans except on its own terms and in
its own good time."

In his petition for certiorari on behalf of Friday, federal public defender John Carlson also made the argument that the Tenth Circuit incorrectly applied the "constitutional facts" doctrine, which allows an appellate court to review the finding of facts by a lower court on a de novo basis (that is, without deference to the lower court's findings) when a constitutional issue is being litigated.  Despite a large circuit split amongst the federal courts of appeals on this particular issue, and despite Friday's motion to dismiss being supported by statutory law and not the First Amendment, the Supreme Court did not grant review of the Tenth Circuit's legal reasoning supporting its reversal of Judge Downe's decision.

Under federal constitutional law, the Supreme Court has the authority to grant review of cases decided by lower courts by issuing a writ of "certiorari" (a Latin term meaning "to make certain" that is used to describe the Court's discretionary appellate review) upon a petition from a party whose interests were adversely affected by a lower court, so long as a matter of federal law is at issue.  Four of the nine Supreme Court justices must vote for review (the "rule of four") but in recent years only about 100 of 7,000 or more cases submitted for review are actually heard by the Court.

Friday can now only hope that either the charge is dismissed by the U.S. Attorney's Office in Wyoming, a favorable plea bargain offer is made by the prosecution, that the jury nullifies the charge based on his religious justification, or at a last resort that President Obama grants an immediate pardon if he is convicted.

Crow Tribe Well-Represented at 17th Annual NALSA Moot Court Competition

Boulder, Colorado --

The National Native American Law Students Association recently held it's annual moot court competition at the University of Colorado School of Law in Boulder.  The two-day event, which took place on February 27th and 28th, was co-hosted by the University of Colorado and University of Denver NALSA chapters.

Recent NNALSA moot court competitions were held at Arizona State in Tempe, the University of Minnesota in Minneapolis, and the University of Washington in Seattle.

Although none of the five Crow Tribal members currently in law school was a competitor, there was a strong Crow presence at this year's event with Crow legal counsel Heather Whitemanrunshim-Oleyte, Big Horn County Attorney Georgette Hogan, and Big Horn County Justice of the Peace Leroy Not Afraid all serving as moot court judges. 

In addition, the Saturday night awards banquet had a strong Crow flavor.  The Jared Stewart Band served as entertainment, Tuff Harris gave one of the keynote addresses, Judge Not Afraid provided an invocation, and CU NALSA President Jay Harris gave a welcoming address. 

Sam Enemy Hunter provided fresh-cooked buffalo for lunch both days of the competition.

The oral argument in the championship round was recorded, as was the awards banquet with a broadcast on AIROS (American Indian Radio On Satellite) planned for later this spring.

The 2009 NNALSA Moot Court Competition was based on a fictional legal case arising in Colorado and being heard in the Tenth Circuit Court of Appeals.

In total, there were 41 teams representing 15 law schools in the competition.

Crow Tribal Chairman Venne Dies at 62

Official Apsaalooke Nation News Release: Date: February 15, 2009

Mr. Carl E. Venne, Chairman of the Apsaalooke Nation passed away sometime during the night of February 14 or in the early morning hours of Sunday February 15. Initial reports indicate by natural causes. Further information, as to the time and cause of death will be determined by the Big Horn county coroner.

Arrangements are being made and notice will be provided soon. The Tribal Administration asks that you respect the family’s wishes during this difficult time.

Vice Chairman Cedric Black Eagle has assumed the duties of the office of Chairman during the interim. The process for filling the vacancy is well established in the Tribal Constitution and Election Ordinance. Full details of this process will be published at a later time when appropriate out of respect for the family.

If you have any questions, please contact Media Spokesman Ben Cloud at 406-665-5235 cell, or office at 406-638-4115. benc@crownations.net

Photo by Adam Sings In The Timber

Secretary Salazar Testifies Before Senate Indian Affairs Committee, Calls Indian Water Rights Settlements a "High Priority"

February 12, 2009 --

Interior Secretary Ken Salazar testified before the Senate Indian Affairs Committee in Washington, D.C. this morning in an oversight hearing.  Watch Video of the Hearing

When questioned by Montana Senator Jon Tester on the pending Indian water rights settlement acts that are awaiting Congressional approval, Secretary Salazar said that he was aware of the settlements, that they were a "high priority", and that he would likely seek to employ a special counsel to assist him in working with Congress on the settlements.

In response to a question from Senator Tester on the future role of tribal colleges in developing reservation economies, Secretary Salazar called tribal colleges very important in developing tribal workforces and that poor economic conditions is a root-cause of a multitude of societal problems on reservations.

The Crow Water Rights Settlement Act, S. 375, has been reintroduced in the 111th Congress.

A "Titan-ic" Finish and a Week in Mexico: Another Tuff Harris Interview

An interview between Jay Harris of CrowNews.net and Tuff Harris of the Tennessee Titans from the evening of Friday, January 16th.

Jay: Well, brother, how’s everything going?

Tuff: Hey, things are going good.  Mary and I are getting ready to go to Mexico tomorrow.

Jay: Mexico!  Awesome.  How are you getting down there?

Tuff: We’re flying from Nashville to Atlanta and then from Atlanta down to Puerto Vallarta (struggles with pronunciation).

Jay: Puerto Vallarta (also struggling with pronunciation)?

Tuff: Yeah, like Puerto Rico but Puerto Vallarta.

Jay: Well, I know it must be near the ocean since puerto means port in Spanish.

Tuff: Yeah, it is.  We’re going to be down there for a week – from this Saturday to next Saturday.

Jay: So, this must be your official end of the football season relaxation trip.

Tuff: Yeah, kind of.

Jay: I’m wondering why you chose Mexico.

Tuff: As a wedding gift, Mary and I got a week allotment on a time share in Puerto Vallarta.

Jay: So, was this your only week available or could you have picked any week during the year?

Tuff: We could have went anytime as long as the place was available.

Jay: Oh.  I was wondering if the Mexico trip was a consolation to having lost out when you did.  In other words, if you guys would have beat Baltimore last week you would have missed out on Mexico.

Tuff: Yeah, we would’ve went down in February if we would have kept winning.

Jay: Well, since we’re on topic.  We might as well talk about the Titans’ “titanic” finish, you know, crashing and sinking in the AFC Divisional Playoff.

Tuff: Haha.  Well, it was a tough game to lose.  I’m not sure I’m going to be able to watch the Super Bowl this year – just because we know how close we were to being there ourselves.

Jay: Yeah, I think nine games out of ten the Ravens don’t make those big plays on offense and you guys don’t turn the ball over like you did.  The Titans were a Super Bowl team, and it’s really tough to lose a game like that.  I haven’t felt this way at the end of an NFL season since the 49ers lost to the Giants by two points in the NFC Championship in 1991.  But at least this time I didn’t ball my eyes out.

Tuff: Haha.  You know one of things that really hurt us, in addition to losing our running back Chris Johnson to an injury during the game, was not having our starting center Kevin Mawae. 

Jay: Yeah, I remember hearing one NFL analyst say before the game that losing Mawae could be the difference.

Tuff:  Kevin’s just an important leader and he was always getting the offense pumped and ready to go.  Everybody respected him.

Jay: Yeah, and the Ravens have the type of defense that goes wild once they can focus on pressuring the quarterback and defending the pass.  Well, we got to give credit to them.  They played a great game.  So, altogether, you played in what seven or eight games this season?

Tuff: Yeah, seven games.

Jay: Well, let me say congratulations on a great NFL season.  How secure do you feel as a member of the Titans?

Tuff: Thanks.  It’s hard to say because anybody can be released at any time.  Even top players have to expect the team to make moves that could affect them in order to cut costs.

Jay: What are your immediate plans?

Tuff: Well, I’ll be in Mexico for a week then Mary and I will spend some time in Montana.

Jay: What do you got planned in Montana?

Tuff: Oh, spend some time with friends and family.  Make a few appearances, give a few presentations.

Jay: Cool.  I just gave a presentation earlier today to a group of local native high school students.  It was on leadership, goal-setting, and civic engagement.  Anyway, if you get a chance, call me back when you’re in Mexico.

Tuff: I wonder if my cell phone will work down there?

Jay: I’m note sure.  You might want to get an international calling card or something.  Yeah, just call me while you are laying back on the patio of your bedroom overlooking the ocean sipping a pina colada.  Haha…

Tuff: Yeah, or I could have a waiter deliver a pina colada and a phone on a platter.

Jay: Haha.  What was the name of the place again, Puerto Vallarta (mispronounced)?

Tuff: Yeah, but I think the L’s are silent.

Jay: Okay, if you can call we can look back at the season that was and you can talk about your season highlights.

Tuff: Okay.  I’ll talk to you soon.  And if you don’t hear back from us for over a week, contact the federales.

Jay: Haha, will do.  Adios.