My question to these legislators is - "Where are the Native Americans supposed to go?" Um, I believe that they were here first. Granted, Natives have been determined (by the Supreme Court in Morton v. Mancari) to be a political group not a racial group, but I'm sure that the Native American Law Students Association would be banned along with the Black Law Students Association and the Hispanic Law Students Association and the Asian American Student Association. This is scary stuff! Where in the world do these idiots get their notions of American values?
Cheers,
Faye Hadley
April 18, 2008
Arizona Proposal Would Prohibit Race-Based Student Groups
http://chronicle.com/news/index.php?id=4338&utm_source=pm&utm_medium=en
An Arizona legislative committee has passed an amendment to a routine homeland-security bill that would prohibit students at the state's public universities and community colleges from organizing groups based on race.
The amendment was approved by the Arizona House Appropriations Committee on Wednesday. It still awaits a vote by the state's full House and Senate.
The amendment, introduced by State Rep. Russell K. Pearce, a Republican, would also allow state officials to withhold funds from public schools sponsoring activities that "denigrate American values and the teachings of Western civilization."
The proposal was added to Senate Bill 1108, a measure that has nothing to do with education but was intended to allow designees of mayors and police chiefs to serveon homeland-security advisory councils.
"This bill basically says, 'You're here. Adopt American values,'"State Rep. John Kavanagh, a Republican, told The Arizona Republic."'If you want a different culture, then fine, go back to that culture,'" he said.
—JJ Hermes
Friday, April 18, 2008
Monday, April 7, 2008
'Special master' may determine American Indian payouts
Mon April 7, 2008
'Special master' may determine American Indian payouts
By Chris Casteel
Washington Bureau
WASHINGTON — If a federal judge agrees that the government owes Indian trust account holders billions of dollars, he would then have to determine how the money should be allocated among nearly 300,000 people, their attorney said.
The American Indians suing the government over the way their accounts have been managed asked U.S. District Judge James Robertson to approve $58 billion in "relief" to the trust. According to the plaintiffs, the government benefited improperly by that amount over more than 100 years by not paying out all of the money collected for Indian trust account holders.
But the brief filed last month does not suggest how the money should be distributed. There are about 280,000 American Indians with government-run trust accounts. Most have land-based accounts; they own land and can collect money from leasing it for oil and gas drilling, grazing, mining or other uses.
There are an estimated 53,000 account holders in Oklahoma.
Dennis Gingold, one of the lead attorneys for the Indians in the case, which has been in federal court here for nearly 12 years, said last week, "The allocation issues are determined by the court, not by us."
Gingold said if Robertson decides the government owes money to trust account holders, he may then appoint an expert, or "special master," to make recommendations to him about distributing the money.
"Most courts don't want to be caught up in that kind of detail," Gingold said.
The Interior Department is expected to submit a response this week to the Indians' argument that the government should pay $58 billion in "equitable relief" to the trust account holders.
Complex trustAt a hearing in March, a government attorney argued to Robertson that the case should not involve any financial remedies because the suit filed in 1996 didn't seek damages. Robert E. Kirschman, a Justice Department attorney, said the plaintiffs sought reforms of the system and an accounting of their funds.
Robertson, the second district judge to preside over the case, ruled this year that an accurate accounting would be impossible.
The trust account system was set up in the late 19th century when millions of acres — estimates range from 40 million to 54 million — were allotted in parcels to individual Indians and the government promised to manage the land. Counting land owned by tribes, it is the biggest trust in the United States.
Gingold called it "the most complex trust in the United States" since it involves so many people and so many activities — such as oil and gas drilling — and said it's being run by people with no expertise in trust management.
Two U.S. district judges and the U.S. Court of Appeals here have ruled that the government failed to properly manage the trust.
Since ruling that an accounting was impossible, Robertson, anxious to resolve the controversial and highly contentious case in the next few months, has been looking for a remedy.
Gingold said last week, "Where an accounting is impossible, you're looking at real rough justice."
The government's own figures, he said, show that an average of 65 percent of the money collected for the Indians has been paid out. While holding on to the rest — more than $3 billion — the government has been able to lower its borrowing costs to finance its debt. Spread out over more than 100 years, that has allowed the government to benefit to the tune of $58 billion, the Indians say.
Gingold said he expected the government to argue that Robertson can't award damages against the federal government. But he said the Indians aren't asking for damages.
"We're seeking the benefit the government gained as a result of its breach of trust," Gingold said. "You're not allowed to benefit from your improper accounting."
The Indians are also asking that Robertson return all the land originally in the trust unless the government could prove it was sold at fair market value. Of the original acreage — much of which was in what is now Oklahoma — only about 10 million acres remain.
Gingold said he expects the judge to say that it wasn't practical to try to return land sold to third parties. But he said the judge could look at land that was owned by Indians that is now being used by the government.
Robertson has scheduled a trial for early June on the proposals for resolving the case.
'Special master' may determine American Indian payouts
By Chris Casteel
Washington Bureau
WASHINGTON — If a federal judge agrees that the government owes Indian trust account holders billions of dollars, he would then have to determine how the money should be allocated among nearly 300,000 people, their attorney said.
The American Indians suing the government over the way their accounts have been managed asked U.S. District Judge James Robertson to approve $58 billion in "relief" to the trust. According to the plaintiffs, the government benefited improperly by that amount over more than 100 years by not paying out all of the money collected for Indian trust account holders.
But the brief filed last month does not suggest how the money should be distributed. There are about 280,000 American Indians with government-run trust accounts. Most have land-based accounts; they own land and can collect money from leasing it for oil and gas drilling, grazing, mining or other uses.
There are an estimated 53,000 account holders in Oklahoma.
Dennis Gingold, one of the lead attorneys for the Indians in the case, which has been in federal court here for nearly 12 years, said last week, "The allocation issues are determined by the court, not by us."
Gingold said if Robertson decides the government owes money to trust account holders, he may then appoint an expert, or "special master," to make recommendations to him about distributing the money.
"Most courts don't want to be caught up in that kind of detail," Gingold said.
The Interior Department is expected to submit a response this week to the Indians' argument that the government should pay $58 billion in "equitable relief" to the trust account holders.
Complex trustAt a hearing in March, a government attorney argued to Robertson that the case should not involve any financial remedies because the suit filed in 1996 didn't seek damages. Robert E. Kirschman, a Justice Department attorney, said the plaintiffs sought reforms of the system and an accounting of their funds.
Robertson, the second district judge to preside over the case, ruled this year that an accurate accounting would be impossible.
The trust account system was set up in the late 19th century when millions of acres — estimates range from 40 million to 54 million — were allotted in parcels to individual Indians and the government promised to manage the land. Counting land owned by tribes, it is the biggest trust in the United States.
Gingold called it "the most complex trust in the United States" since it involves so many people and so many activities — such as oil and gas drilling — and said it's being run by people with no expertise in trust management.
Two U.S. district judges and the U.S. Court of Appeals here have ruled that the government failed to properly manage the trust.
Since ruling that an accounting was impossible, Robertson, anxious to resolve the controversial and highly contentious case in the next few months, has been looking for a remedy.
Gingold said last week, "Where an accounting is impossible, you're looking at real rough justice."
The government's own figures, he said, show that an average of 65 percent of the money collected for the Indians has been paid out. While holding on to the rest — more than $3 billion — the government has been able to lower its borrowing costs to finance its debt. Spread out over more than 100 years, that has allowed the government to benefit to the tune of $58 billion, the Indians say.
Gingold said he expected the government to argue that Robertson can't award damages against the federal government. But he said the Indians aren't asking for damages.
"We're seeking the benefit the government gained as a result of its breach of trust," Gingold said. "You're not allowed to benefit from your improper accounting."
The Indians are also asking that Robertson return all the land originally in the trust unless the government could prove it was sold at fair market value. Of the original acreage — much of which was in what is now Oklahoma — only about 10 million acres remain.
Gingold said he expects the judge to say that it wasn't practical to try to return land sold to third parties. But he said the judge could look at land that was owned by Indians that is now being used by the government.
Robertson has scheduled a trial for early June on the proposals for resolving the case.
Sunday, April 6, 2008
Navajo Nation likely to lose Internet service
Navajo Nation likely to lose Internet service
Confusion over billing, bid process means tribe's Internet provider not getting paid
Provider OnSat says it's already $4 million in the hole, so it's going to stop service
U.S. agency that administers service wants tribe to show it chose best provider
Many Navajos use tribe's Wi-Fi signal for work, education, officials say
ALBUQUERQUE, New Mexico (AP) -- The thousands of Navajo Nation residents who rely on the Internet to work, study and communicate across their 27,000-square-mile reservation will be out of luck Monday, if their service provider shuts access as planned.
Residents of the Navajo Nation are likely to be without Internet service starting Monday.
"It's going to be a sad day," said Ernest Franklin, director of the tribe's Telecommunications Regulatory Commission.
A tribal audit last year revealed that Utah-based provider OnSat Network Communications Inc. may have double-billed the tribe, and it raised questions about how the tribe requested bids for the Internet contract.
Those discoveries led the Universal Service Administration Co., which administers the service under the Federal Communications Commission's E-rate program, to tell the tribe March 28 that it would withhold $2.1 million from OnSat.
Jim Fitting, an attorney for OnSat, said the delay in payment means it can't pay subcontractor SES Americom for satellite time.
"With USAC taking this particular position, it doesn't look like we're going to get paid in the foreseeable future," Fitting said. "We're already $4 million in the hole, so why should we continue doing it?"
Most evenings, when residents get off work, the reservation's chapter houses are closed, but their wireless signals remain live. So it's common to see residents with laptops sitting outside the chapter houses in cars, working away, a local official said.
Through the Washington, D.C.-based USAC, the FCC reimburses 85 percent to 90 percent of the costs for Internet service to 70 of the tribe's 110 chapter houses, which operate like city governments. The Navajo Nation covers the other 10 percent to 15 percent of the cost and offers service inside the chapter house and nearby through Wi-Fi.
The USAC told Navajo President Joe Shirley Jr. in a March 28 letter that it is withholding money for OnSat for 2006-07 because of the possible overbilling and because the tribe didn't comply with federal rules that require it to select the most cost-effective service or equipment through a fair, open and competitive bidding process.
The USAC asked the tribe to prove OnSat provided the service it is billing for and has not overbilled.
OnSat won a preliminary injunction last July in Window Rock District Court barring the tribe's auditor from further disseminating the audit, said Fitting, the OnSat lawyer.
"We don't believe this audit is valid," Fitting said.
The Navajo Nation has until May to respond to USAC's letter, and the USAC can release full or partial funding or continue to withhold funding, said spokeswoman Laura Betancourt.
Tribal regulator Franklin said he has given the USAC documents detailing how OnSat was selected and has shown USAC personnel the service operating last year at sites they randomly selected.
"We proved that we are delivering the bandwidth and that we went through the proper procurement system," he said. "We had to dig up all these documents."
OnSat will continue to provide Internet services for the tribe's Division of Public Safety and the Office of the President and Vice President, offices whose satellite service isn't dependent on FCC funding, Fitting said.
Each Navajo chapter received a grant for computers and Internet access from the Bill and Melinda Gates Foundation's Native American Access to Technology Program in 2000. But it wasn't possible to establish dial-up access -- or create a wireless grid -- because the reservation largely lacked wired telephone service.
So the tribe's Division of Community Development contracted with OnSat in 2001 to provide satellite Internet service to the chapter houses -- even though satellite Internet technology is costly, slow and unreliable.
The tribe eventually would have stopped using OnSat, Franklin said, but it needed to sustain the satellite connections for at least two years until a wireless grid is completed on the reservation.
"It's not like it's not being used and it's just going to go away," he said. "It's used tremendously by the public. It's just sad that this has to happen."
Navajo President Shirley said reservation residents have come to rely on Internet access to improve their professional and educational lives.
"It would be a very sad day for the children and people of the Navajo Nation if the dark clouds descend, the lights go out, and access is denied to the chapter houses on the reservation, in large part, because USAC has failed to timely fund our application," Shirley said in a December letter to Mel Blackwell, vice president of USAC's Schools and Libraries Division.
Inscription Chapter House community services coordinator Victoria Bydone said she is bracing for a backlash from residents who typically park outside her chapter house in the evening.
"It's going to be unfortunate," she said. "It's not going to be very good."
Confusion over billing, bid process means tribe's Internet provider not getting paid
Provider OnSat says it's already $4 million in the hole, so it's going to stop service
U.S. agency that administers service wants tribe to show it chose best provider
Many Navajos use tribe's Wi-Fi signal for work, education, officials say
ALBUQUERQUE, New Mexico (AP) -- The thousands of Navajo Nation residents who rely on the Internet to work, study and communicate across their 27,000-square-mile reservation will be out of luck Monday, if their service provider shuts access as planned.
Residents of the Navajo Nation are likely to be without Internet service starting Monday.
"It's going to be a sad day," said Ernest Franklin, director of the tribe's Telecommunications Regulatory Commission.
A tribal audit last year revealed that Utah-based provider OnSat Network Communications Inc. may have double-billed the tribe, and it raised questions about how the tribe requested bids for the Internet contract.
Those discoveries led the Universal Service Administration Co., which administers the service under the Federal Communications Commission's E-rate program, to tell the tribe March 28 that it would withhold $2.1 million from OnSat.
Jim Fitting, an attorney for OnSat, said the delay in payment means it can't pay subcontractor SES Americom for satellite time.
"With USAC taking this particular position, it doesn't look like we're going to get paid in the foreseeable future," Fitting said. "We're already $4 million in the hole, so why should we continue doing it?"
Most evenings, when residents get off work, the reservation's chapter houses are closed, but their wireless signals remain live. So it's common to see residents with laptops sitting outside the chapter houses in cars, working away, a local official said.
Through the Washington, D.C.-based USAC, the FCC reimburses 85 percent to 90 percent of the costs for Internet service to 70 of the tribe's 110 chapter houses, which operate like city governments. The Navajo Nation covers the other 10 percent to 15 percent of the cost and offers service inside the chapter house and nearby through Wi-Fi.
The USAC told Navajo President Joe Shirley Jr. in a March 28 letter that it is withholding money for OnSat for 2006-07 because of the possible overbilling and because the tribe didn't comply with federal rules that require it to select the most cost-effective service or equipment through a fair, open and competitive bidding process.
The USAC asked the tribe to prove OnSat provided the service it is billing for and has not overbilled.
OnSat won a preliminary injunction last July in Window Rock District Court barring the tribe's auditor from further disseminating the audit, said Fitting, the OnSat lawyer.
"We don't believe this audit is valid," Fitting said.
The Navajo Nation has until May to respond to USAC's letter, and the USAC can release full or partial funding or continue to withhold funding, said spokeswoman Laura Betancourt.
Tribal regulator Franklin said he has given the USAC documents detailing how OnSat was selected and has shown USAC personnel the service operating last year at sites they randomly selected.
"We proved that we are delivering the bandwidth and that we went through the proper procurement system," he said. "We had to dig up all these documents."
OnSat will continue to provide Internet services for the tribe's Division of Public Safety and the Office of the President and Vice President, offices whose satellite service isn't dependent on FCC funding, Fitting said.
Each Navajo chapter received a grant for computers and Internet access from the Bill and Melinda Gates Foundation's Native American Access to Technology Program in 2000. But it wasn't possible to establish dial-up access -- or create a wireless grid -- because the reservation largely lacked wired telephone service.
So the tribe's Division of Community Development contracted with OnSat in 2001 to provide satellite Internet service to the chapter houses -- even though satellite Internet technology is costly, slow and unreliable.
The tribe eventually would have stopped using OnSat, Franklin said, but it needed to sustain the satellite connections for at least two years until a wireless grid is completed on the reservation.
"It's not like it's not being used and it's just going to go away," he said. "It's used tremendously by the public. It's just sad that this has to happen."
Navajo President Shirley said reservation residents have come to rely on Internet access to improve their professional and educational lives.
"It would be a very sad day for the children and people of the Navajo Nation if the dark clouds descend, the lights go out, and access is denied to the chapter houses on the reservation, in large part, because USAC has failed to timely fund our application," Shirley said in a December letter to Mel Blackwell, vice president of USAC's Schools and Libraries Division.
Inscription Chapter House community services coordinator Victoria Bydone said she is bracing for a backlash from residents who typically park outside her chapter house in the evening.
"It's going to be unfortunate," she said. "It's not going to be very good."
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