by David Treuer
“use the best available talents”: The Indian Education Act of 1972—A Brief History, Analysis, Issues and Outlook (Washington, DC: Department of Health, Education, and Welfare, Office of Education, 1973), 14–15, http://files.eric.ed.gov/fulltext/ED111553.pdf.
For the first time, school districts: Ibid., 18.
In 1999, Montana passed the Indian Education for All Act: “Indian Education for All, MCA 20-1-501,” MontanaTribes, http://www.montanatribes.org/files/iefa-law.pdf [inactive].
“I have signed into law S.J. Res. 102”: Jimmy Carter, American Indian Religious Freedom Statement on Signing S.J. Res. 102 Into Law, August 12, 1978, retrieved from Gerhard Peters and John T. Woolley, The American Presidency Project, http://www.presidency.ucsb.edu/ws/index.php?pid=31173.
The remains of the Anglo Christians: Thomaira Babbit, “NAGPRA as a Paradigm: The Historical Context and Meaning of the Native American Graves Protection and Repatriation Act in 2011,” Proceedings of the Native American Symposium, November 2011, 61–70, http://www.se.edu/nas/files/2013/03/NAS-2011-Proceedings-Babbit.pdf.
“give me back my people’s bones”: David M. Gradwohl, Joe B. Thomson, and Michael J. Perry, “Still Running: A Tribute to Maria Pearson, Yankton Sioux,” Journal of the Iowa Archeological Society 52 (2005).
To date, the remains of more than 57,847: National NAGPRA [Native American Graves Protection and Repatriation Act], Frequently Asked Questions, National Park Service, U.S. Department of the Interior, https://www.nps.gov/nagpra/FAQ/INDEX.HTM.
Between 1973 and 1976: Timothy Williams, “Tribe Seeks Reopening of Inquiries in ’70s Deaths,” The New York Times, June 15, 2012, http://www.nytimes.com/2012/06/15/us/sioux-group-asks-officials-to-reopen-70s-cases.html.
The FBI found shell casings nearby: Scott Anderson, “The Martyrdom of Leonard Peltier,” Outside, July 2, 1995, https://www.outsideonline.com/1835141/martyrdom-leonard-peltier.
Those who see him as a hero: “Post-Trial Actions, Criminal,” International Leonard Peltier Defense Committee website, http://www.whoisleonardpeltier.info/LEGAL/CRIMINAL.htm.
On June 26, Agents Coler and Williams: Douglas O. Linder, “Testimony of FBI Special Agent Gary Adams in the Leonard Peltier Trial” (March 17–18, 1977), Famous Trials, http://www.famous-trials.com/leonardpeltier/762-adamstestimony.
“These white people think this country”: Quoted in Konigsberg, “Who Killed Anna Mae?”
“I came here to fight”: Ibid.
“loud-mouth city women”: Mary Crow Dog, Lakota Woman (New York: Grove Press, 2011), 138.
They felt that Aquash’s romance: Konigsberg, “Who Killed Anna Mae?”
In early June 1975: “Anna Mae [Aquash] Timeline I—Wounded Knee,” News from Indian Country, January 1997 and ongoing, http://www.indiancountrynews.com/index.php/investigations/286-aquash-peltier-timeline-1975-2010/2101-annie-mae-timeline-i-wounded-knee; and Chris Summers, “Native American Prisoner to Fight On,” BBC News, April 24, 2004, http://news.bbc.co.uk/2/hi/americas/3654785.stm.
Both Aquash and Darlene Nichols: Konigsberg, “Who Killed Anna Mae?”
“When I told Marlon”: Dennis Banks, Ojibwa Warrior: Dennis Banks and the Rise of the American Indian Movement (Norman: University of Oklahoma Press, 2004), 301–2.
he lent them the RV and gave them $10,000 in cash: Konigsberg, “Who Killed Anna Mae?”
“begging for his life, but I shot him anyway”: Ibid.
“I don’t know if I would participate”: Ibid.
“If there’s a burning house”: Ibid.
“You won’t get past these guys”: Treuer, Warrior Nation, 296.
Part 6. Boom City—Tribal Capitalism in the Twenty-first Century
We have a relationship with pot: All previously unpublished quotations from Gabriel Galanda were recorded in June–July 2015.
For instance, in 2002, 12 percent: “National Indian Gaming Commission Tribal Gaming Revenues [1998–2002],” National Indian Gaming Commission, https://www.nigc.gov/images/uploads/reports/gamingrevenues2002to1998.pdf.
By comparison, the Pechanga Band: Vince Beiser, “A Paper Trail of Tears: How Casino-Rich Tribes Are Dealing Members Out,” Harper’s Magazine, August 2006, https://harpers.org/archive/2006/08/a-paper-trail-of-tears/, retrieved at http://faculty.humanities.uci.edu/tcthorne/Hist15/disenrollmentatpechanga2000.htm.
And the gaming compacts signed between tribes and states: “California Tribal Casinos: Questions and Answers,” California Legislative Analyst’s Office, February 2007, http://www.lao.ca.gov/2007/tribal_casinos/tribal_casinos_020207.aspx.
“He wasn’t mad like I was”: Quoted in David Treuer, Rez Life (New York: Grove Press, 2012), 228–29.
Helen called them up: Ibid.
“Each of the States listed . . . shall have jurisdiction”: 28 U.S. Title Code, Section 1360, “State Civil Jurisdiction in Actions to Which Indians Are Parties,” Legal Information Institute, Cornell Law School, https://www.law.cornell.edu/uscode/text/28/1360.
“would have ‘slipped one by the Indians’”: Treuer, Rez Life, 234.
“The same Congress that enacted Pub.L. 280” . . . “remotely resembling”: Bryan v. Itasca County, 426 U.S. 373 (1976), Justia, US Supreme Court, https://supreme.justia.com/cases/federal/us/426/373/case.html.
“That was $147 off my mind”: Treuer, Rez Life, 236.
“I never got nothing from nobody”: Ibid., 237.
Again, Butterworth threatened the tribe: Matthew L. M. Fletcher, “The Seminole Tribe and the Origins of Indian Gaming,” FIU Law Review 9 (2014), 255–75, esp. 265, retrieved at https://digitalcommons.law.msu.edu/cgi/viewcontent.cgi?article=1543&context=facpubs.
The day they opened for business, Sheriff Butterworth was waiting: “Native American Casino,” World Heritage Encyclopedia, WHEBN0015712084, http://www.gutenberg.us/articles/eng/native_american_casino.
Within a year of the Cabazon win: Charles Wilkinson, Blood Struggle: The Rise of Modern Indian Nations (New York: W. W. Norton, 2005), 335–36.
The first provision was that whatever forms of gaming: Indian Gaming Regulatory Act, National Indian Gaming Commission, https://www.nigc.gov/general-counsel/indian-gaming-regulatory-act.
But in California, despite the rapid growth: “Socio-Economic Inequities Suffered by California Indians,” UCLA American Indian Studies Center, https://www.aisc.ucla.edu/ca/Tribes12.htm.
In areas without Indian gaming: “Casinos Not Paying Off for Indians,” ABC News, August 31 (no year noted; after 1997), http://abcnews.go.com/US/story?id=95944&page=1.
“There are a lot of people”: “Unemployment on Indian Reservations at 50 Percent: The Urgent Need to Create Jobs in Indian Country,” 111th Congress, 2nd session, January 28, 2010, 1, https://www.indian.senate.gov/sites/default/files/upload/files/January2820102.pdf.
The unemployment rate for Native American communities: Ibid.
“The unemployment rate on the reservation exceeds 73 percent”: Ibid., 59–60.
Meanwhile, the Shakopee Mdewakanton Sioux Community: Timothy Williams, “$1 Million Each Year for All, As Long As Tribe’s Luck Holds,” The New York Times, August 9, 2012, http://www.nytimes.com/2012/08/09/us/more-casinos-and-internet-gambling-threaten-shakopee-tribe.html?_r=1.
One of the poorest tribes in the country: “Pine Ridge Indian Reservation—Demographics & Population,” Black Hills Knowledge Network, https://www.blackhillsknowledgenetwork.org/community-profiles/pine-ridge/pine-ridge-indian-reservation-demographics-population.html#.WrFEioJG3Jx.
The percentage of people in Pine Ridge: Ronald L. Trosper, “American Indian Poverty on Reservations, 1969–1989,” in Changing Numbers, Changing Needs: American Indian Demography and Public Health (Washington, DC: National Academies Press [US], 1996), https://www.ncbi.nlm.nih.gov/books/NBK233100/.
The median household income at Tulalip: Tulalip Reservation, Washington Economy Data, TownC
harts, http://www.towncharts.com/Washington/Economy/Tulalip-Reservation-CCD-WA-Economy-data.html.
Blood Quantum and Disenrollment: This section on disenrollment includes the majority of my op-ed “How Do You Prove You’re an Indian?,” published in The New York Times on December 20, 2011, http://www.nytimes.com/2011/12/21/opinion/for-indian-tribes-blood-shouldnt-be-everything.html.
As of 2017, more than fifty tribes: David E. Wilkins and Shelly Hulse Wilkins, Dismembered: Native Disenrollment and the Battle for Human Rights (Seattle: University of Washington Press, 2017), 67.
Many different rationales have been used to justify it: Ibid., 67–78.
According to Gabe Galanda: Gabriel S. Galanda and Ryan D. Dreveskracht, “Curing the Tribal Disenrollment Epidemic: In Search of a Remedy,” Arizona Law Review 57, no. 2 (Summer 2015), 383–474, http://arizonalawreview.org/pdf/57-2/57arizlrev383.pdf.
The Picayune Rancheria: James Dao, “In California, Indian Tribes with Casino Money Cast Off Members,” The New York Times, December 12, 2011, http://www.nytimes.com/2011/12/13/us/california-indian-tribes-eject-thousands-of-members.html?scp=2&sq=tribal&st=cse.
In short order, the number of registered full-bloods: Melissa L. Meyer, The White Earth Tragedy: Ethnicity and Dispossession at a Minnesota Anishinaabe Reservation (Lincoln: University of Nebraska Press, 1994), 170.
disenrollment often occurs: Dao, “In California, Indian Tribes with Casino Money Cast Off Members.”
All in all, Bob Kelly determined that 306: Brooke Jarvis, “Who Decides Who Counts as Native American?” The New York Times Magazine, January 18, 2017, https://www.nytimes.com/2017/01/18/magazine/who-decides-who-counts-as-native-american.html?_r=0.
“I’m in a war”: Quoted ibid.
Gabe Galanda, the lawyer who represents: Gabriel S. Galanda, “Attack on the Tribal Middle Class, Part II,” Indian Country Today, November 3, 2011, https://indiancountrymedianetwork.com/news/opinions/attack-on-the-tribal-middle-class-part-ii/.
As Charles Wilkinson points out: Wilkinson, Blood Struggle, 242.
As the Indian legal and professional class grew: Ibid., 241.
“breathed life into a basic principle of American law”: Ibid., 249.
“there are three branches of sovereignty”: Ibid.
“authority to pass ordinances” . . . “any oil and natural gas”: 18 Land & Water L. Rev. 539 (1983), Indian Law—Tribal Authority to Levy a Mineral Severance Tax on Non-Indian Lessees—Merrion v. Jicarilla Apache Tribe, HeinOnline, http://heinonline.org/HOL/LandingPage?handle=hein.journals/lawlr18&div=25&id=&page=.
“avail themselves of the ‘substantial privilege’”: Merrion v. Jicarilla Apache Tribe, 455 U.S. 130ff (1982), Merrion v. Jicarilla Apache Tribe, No. 80-11, Argued March 30, 1981, Reargued November 4, 1981, Decided January 25, 1982, Justia, US Supreme Court, https://supreme.justia.com/cases/federal/us/455/130/case.html.
“In the early morning we’d head out in the hills”: Author interview with Bobby Matthews, March 2014.
Then we zig and zag past more recognizable: Kari Bray, “‘Worth the Wait’: Lake Stevens Skate Park Could Open by August,” Everett, Washington, HeraldNet, December 9, 2016, http://www.heraldnet.com/news/plans-for-skate-park-in-lake-stevens-finalized/.
Fifteen percent of American Indians have diabetes: “National Diabetes Statistics Report, 2017: Estimates of Diabetes and Its Burden in the United States” National Center for Chronic Disease Prevention and Health Promotion, Division of Diabetes Translation, Centers for Disease Control and Prevention, https://www.cdc.gov/diabetes/pdfs/data/statistics/national-diabetes-statistics-report.pdf.
For some reason we don’t get it as often: Steven Parker, “Native Americans: The Facts,” HealthGuidance for Better Health, http://www.healthguidance.org/entry/6323/1/Native-Americans-The-Facts.html.
All of this was overseen by the Bureau of Indian Affairs: Arizona Republic staff, “BIA Cannot Account for $2.4 Billion Audit Documents Tribes’ Fears That Bureau Severely Mismanaged Trust Funds from 1973–1992,” Spokane, Washington, Spokesman-Review, April 14, 1996, http://www.spokesman.com/stories/1996/apr/14/bia-cannot-account-for-24-billion-audit-documents/.
In 2008 a family who had fractional interest: Manuel Valdes, “Family, Tulalip Tribe Feuding over Lucrative Land,” KOMO News (Seattle), February 12, 2012, http://www.komonews.com/news/local/Family-Tulalip-tribe-feuding-over-lucrative-land-139191534.html.
The tribe is currently negotiating: “Recent Transportation Revenue Packages,” Transportation Resource Manual, Washington State Legislature, 2017, 27, http://leg.wa.gov/JTC/trm/Documents/TRM%202017%20Update/5%20-%20Recent%20Revenue%20Package%20-%20%20Final.pdf.
“They’re having booms in other places”: Author interview with Terri Goban, May 2015.
“The U.S. government spent two hundred years trying to kill us”: Author interview with Anton Treuer, 2015.
Part 7. Digital Indians: 1990–2018
“We can sometimes get so caught up”: “In 1992, America Discovers Columbus,” The New York Times, June 28, 1992, https://www.nytimes.com/1992/06/28/nyregion/in-1992-america-discovers-columbus.html.
In the 1990 census: Edna L. Paisano et al., “We the . . . First Americans,” U.S. Department of Commerce, Economics and Statistics Administration, Bureau of the Census, September 1993, https://www.census.gov/prod/cen1990/wepeople/we-5.pdf.
In 1958, more than 75 percent of Americans: “Public Trust in Government: 1958–2017,” Pew Research Center, U.S. Politics & Policy, http://www.people-press.org/2017/12/14/public-trust-in-government-1958-2017/.
“consider that we shall be as a city upon a hill”: John Winthrop, “A Model of Christian Charity” (1630), “John Winthrop Dreams of City on a Hill, 1630,” The American Yawp Reader, http://www.americanyawp.com/reader/colliding-cultures/john-winthrop-dreams-of-a-city-on-a-hill-1630/.
Manuelito Wheeler, a Diné language activist: Matt Hansen, “The Future of America’s Endangered Languages,” The Week, June 29, 2015, http://theweek.com/articles/563549/future-americas-endangeredlanguages.
In 2013, the Violence Against Women Act: Jennifer Bendery, “At Last, Violence Against Women Act Lets Tribes Prosecute Non-Native Domestic Abusers,” The Huffington Post, March 6, 2015, https://www.huffingtonpost.com/2015/03/06/vawa-native-americans_n_6819526.html.
Rather than a full-throated apology: Rob Capriccioso, “A Sorry Saga: Obama Signs Native American Apology Resolution; Fails to Draw Attention to It,” Indian Country Today, January 13, 2010, http://indianlaw.org/node/529.
So it was an apology made on behalf: Ibid.
over 1,172 miles, across four states, and under the Missouri and Mississippi Rivers: Gregor Aisch and K. K. Rebecca Lai, “The Conflicts Along 1,172 Miles of the Dakota Access Pipeline,” The New York Times, last updated March 20, 2017, https://www.nytimes.com/interactive/2016/11/23/us/dakota-access-pipeline-protest-map.html.
“Where this surveying revealed previously unidentified historic”: United States District Court, District of Columbia, Standing Rock Sioux Tribe, et al., Plaintiffs, v. U.S. Army Corps of Engineers, et al., Defendants, Civil Action No. 16-1534 (JEB), signed, September 9, 2016, retrieved from National Indian Law Library, https://www.narf.org/nill/bulletins/federal/documents/standing_rock_v_army_corps.html.
“On October 2, other Corps personnel also sought”: Ibid.
“their limited scope”: Ibid.
In 1891 the superintendent of the centennial census: Steven Otfinoski, A Primary Source History of Westward Expansion (Mankato, MN: Capstone Press, 2015), 29.
Thirty-one women campaigned: Julie Turkewitz, “Native American Women Running for Office, Including a Seat in Congress” (from The New York Times), The Seattle Times, March 19, 2018, https://www.seattletimes.com/nation-world/nation/theres-never-been-a-native-american-congresswoman-that-could-change-in-2018/.
The numbers tell part of the story: “About Tribes: Demographics
,” National Congress of American Indians, http://www.ncai.org/about-tribes/demographics; and “U.S. Census Marks Increase in Urban American Indian and Alaska Natives,” Urban Indian Health Institute, February 28, 2013, http://www.uihi.org/wp-content/uploads/2013/09/Broadcast_Census-Number_FINAL_v2.pdf.
Epilogue
“I am a Lakota of the Oglala band”: [Nicholas Black Elk], Black Elk Speaks: Being the Life Story of a Holy Man of the Oglala Sioux, ed. John G. Neihardt (Albany: State University of New York Press, 2008), 7–8.
it seems likely that he was laid low: Joe Jackson, Black Elk: The Life of an American Visionary (New York: Farrar, Straus and Giroux, 2016), 57.
“And as I stood there I saw more than I can tell”: Black Elk, Black Elk Speaks, 33.
“When the singing stopped”: Ibid., 36–37.
“Black Elk picked his way farther”: Jackson, Black Elk, 119–20.
“Men and women and children were heaped”: Nicholas Black Elk, Black Elk Speaks: The Complete Edition (Lincoln: University of Nebraska Press, 2014), 163.
“one last obligation”: Jackson, Black Elk, 332.
“All this time the bullets were buzzing around me”: Black Elk, Back Elk Speaks: The Complete Edition, 167.
“To articulate the past historically”: Walter Benjamin, “Theses on the Philosophy of History” (VI), in Illuminations, ed. Hannah Arendt, trans. Harry Zohn (New York: Schocken Books, 1968), 255 (emphasis in original).
“lovely, trustful, dreamy, enormous country”: Vladimir Nabokov, Lolita (New York: Knopf Everyman’s Library, 1992), 186.
“in which people can still get rich”: Ronald Reagan, Remarks at the Republican Congressional “Salute to President Ronald Reagan Dinner,” May 4, 1982, retrieved from Gerhard Peters and John T. Woolley, The American Presidency Project, http://www.presidency.ucsb.edu/ws/index.php?pid=42478.
“Power always thinks it has a great Soul”: John Adams to Thomas Jefferson, February 2, 1816, Founders Online, National Archives, https://founders.archives.gov/documents/Jefferson/03-09-02-0285.