Final Cultural Resources Education Program

Home , Fort Buford, Iron Nation, Santee Sioux Reservation, Standing Bear

FINAL CULTURAL RESOURCES

EDUCATION PROGRAM

U.S. ARMY CORPS OF ENGINEERS OMAHA DISTRICT, NEBRASKA

CHEYENNE RIVER SIOUX TRIBE Rosie Roach Donna Rae Petersen Albert LeBeau III Dana Duprie Carl Dupree

NOVEMBER 2007 TABLE OF CONTENTS

Page Number

I. INTRODUCTION...... 1

II. BACKGROUND ...... 2

A. Contract...... 2

B. Objectives ...... 3

1. Corps of Engineers Training Plan...... 3

2. Public Education Plan...... 4

III. CORPS OF ENGINEER PERSONNEL TRAINING ...... 4

A. Brown Bag Presentations...... 4

B. Cultural Resources Training Encampment ...... 6

IV. PUBLIC EDUCATION...... 6

A. Hunting and Fishing License Inserts...... 7

B. Informational Brochures and Pamphlets...... 8

C. Teachers Guide - Middle School ...... 9

D. Teachers Guide - Elementary...... 10

E. Interpretive Displays...... 10

F. Cultural Resources Video Promotional Trailer...... 12

G. Cultural Resources Video ...... 12

i TABLES

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FIGURES

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APPENDICES

Number Title Page Number APPENDIX A The Sacred Missouri River A-1 APPENDIX B Pick-Sloan B-1 APPENDIX C Tribal government Past and Present C-1 APPENDIX D Main Stem Tribal Governments D-1 APPENDIX E Issues Facing Tribal Governments E-1 APPENDIX F Sacred Lands F-1 APPENDIX G Kinship Systems G-1 APPENDIX H Laws and Treaties H-1 APPENDIX I Communications with Tribes I-1 APPENDIX J Cultural Resources Training Encampment J-1 APPENDIX K Hunting and Fishing License Inserts K-1 APPENDIX L Information Brochures and Pamphlets L-1 APPENDIX M Teachers Guide – Middle School M-1 APPENDIX N Teachers Guide – Elementary N-1 APPENDIX O Interpretive Displays O-1 APPENDIX P Cultural Resources Video Promotional Trailer P-1 APPENDIX Q Cultural Resources Video Q-1 APPENDIX R Approved Presenters R-1 APPENDIX S Comment and Response – Draft Cultural S-1 Resources Program Plan

I. INTRODUCTION

Before the main-stem dam system was constructed by the U.S. Army Corps of Engineers (Corps) several American Indian Tribes occupied the lands. The American Indian Tribes who occupied the lands along the Missouri River had various cultural and spiritual traditions, which are still practiced today. During the development of the Programmatic Agreement for the Operation and Management of the Missouri River Main Stem System For Compliance with the National Historic Preservation Act, as amended (hereinafter referred to as PA).

There are several other U.S. laws, executive orders, and regulations that deal with cultural resources; below is a brief summary of some of these laws.

National Historic Preservation Act, as amended which includes section 110 requires Federal agencies; 1) To establish a program to preserve, protect, identify, evaluate, and nominate historic properties under their jurisdiction or control; including Traditional Cultural Properties which Tribes attach religious and cultural significance. 2) To give full consideration to the preservation of historic properties not under their jurisdiction or control but affected by Federal agency undertakings (King, T., 2000).

The National Environmental Policy Act (NEPA) and the regulation of the Council on Environmental Quality (CEQ) require that agencies consider the effects of their actions on the environment (King, T., 2000).

The Native American Graves Protection and Repatriation Act (NAGPRA) necessitate Federal agencies and federally assisted museums to return “Native American cultural items” in their possession to the federally recognized Indian tribes or Native Hawing groups with which they are associated. Section 3(d) details the actions agencies should take if Native American cultural items are discovered on Federal or Indian land (King, T., 2000).

The American Indian Religious Freedom Act (AIRFA) established that the U.S. Government will respect and protect the rights of Indian tribes to the free exercise of their traditional religions. This requires agencies to consider the effects of their actions on traditional religious practices (King, T., 2000).

The Archeological Resources Protection Act (ARPA) prohibits the excavation of anything of archeological interest on Federal or Indian lands without a permit (King, T., 2000).

The Archeological Data Preservation Act (ADPA) or Archeological and Historic Preservation Act (AHPA) requires agencies to report their potential impacts on archeological, historical, and scientific data, and to recover such data in various ways (King, T., 2000).

The Federal Records Act (FRA) requires agencies to manage records in their possession to maintain their historical value (King, T., 2000).

Executive Order 13006 informs agencies to minimize damage to “Indian sacred sites” on Federal land, and to try to avoid blocking access to such sites by traditional religious practitioners (King, T., 2000).

II. BACKGROUND

During the development of the PA tribes expressed the need for the Corps to develop an employee and public education program to teach American Indian perspectives regarding cultural resources and sacred sites along the Missouri River Corridor to address human impacts.

A. Contract.

Stipulation 15 in the programmatic agreement stated the following in beginning to outline the required contents of the education program:

A) Educational Program. Engineer Regulation No. 1130-2-540 authorizes the preparation of brochures, slide shows, or other media documentation for public presentation relative to historic preservation activities that may be of particular interest to the Affected Tribes and general public.

i) The Corps shall create educational displays, media shows, interpretive programs, pamphlets, and brochures to enhance public education concerning cultural resources. The parties to this PA will be involved in the development and finalization of these items. The Five-Year Plan and Cultural Resource Management Plans (CRMPs) will describe how the Corps will carry out this educational and interpretive program.

ii) The Corps, in consultation with the Affected Tribes and Tribal Historic Preservation Officers (THPOs), State Historic Preservation Officers (SHPOs), and as outlined in the CRMPs and Five-Year Plan, will develop an educational program concerning the need to avoid cultural areas and to leave archaeological sites and their material remains undisturbed. The public is generally uninformed about the significance of cultural resources and unaware of the significance of these cultural areas or sites for Affected Tribes whose ancestors lived in these areas and created what are often referred to as archaeological sites.

B) Signage. The public must be made aware that cultural sites are being monitored for unauthorized activities and severe criminal penalties could result from illegal activity of looting, artifact collecting, and vandalism. The Corps, in consultation with Affected Tribes and THPOs, SHPOs, Advisory Council on Historic Preservation (ACHP), and other consulting parties, shall develop and place signs at agreed upon points of public access to the Missouri River.

C) Press Release. In consultation with Affected Tribes and THPOs and SHPOs, the Corps shall issue press releases and conduct press conferences bi- annually (Spring and Fall) to remind the public about the penalties associated with looting, artifact collecting, and vandalizing. A list of local, regional, and

multi-state media will be developed in consultation with Affected Tribes and THPOs, and SHPOs.”

In September 2005, the Corps turned to the Cheyenne River Sioux Tribe, through a Bureau of Indian Affairs, Public Law 638 contract, to assist in the development and completion of the cultural resources education program and plan. As stated in the above paragraphs the plan will be completed in consultation with Affected Tribes and THPOs, SHPOs, ACHP, and other consulting parties.

B. Objectives.

Cultural Resources located at the main-stem dams are subject to several types of impacts that threaten their integrity. These impacts result from three major forms of disturbance: natural, uncontrolled and human. The following are examples of natural, uncontrolled and human impacts.

• Natural impacts to Cultural Resources are those that result primarily from environmental impacts. Wave action is the primary natural impact to Cultural Resources in lakes, causing erosion of sites which cuts away the intact portions of cultural and archeological sites that are situated along the river.

• Uncontrolled impacts to Cultural Resources that result from natural factors which are not controlled such as prairie dog towns, threatened and endangered species, deer stripping bark from red willow/cottonwoods, natural disasters and natural impacts other than erosion.

• Human impacts are specifically related to human activity such as construction and maintenance of recreational facilities, road building, maintenance, and out grants or lease activities. In addition, vandalism and artifact collection along shorelines is a direct impact and a threat to sites.

In an effort to address the impacts, a two part Cultural Resources Education Program was developed. The first part of the program plan is to address the education of Corps employees that have direct and indirect interface with the Missouri River Basin Tribes or have the potential to impact Cultural sites while implementing their duties. The second part of the program plan addresses the education of the general public who utilize Corps managed lands. Goals and objectives, for both parts, are contained in the following paragraphs.

1. Corps of Engineers Personnel Training Plan.

The goal of the Corps personnel training plan is to develop the skills of District staff who work with Tribes, by increasing their understanding and knowledge of American Indian perspectives on key subject areas, so effective and respectful communication and relationships can be developed and maintained.

Three objectives of the Corp personnel training plan are to, 1) increase each participant’s knowledge and understanding of American Indian culture, Tribal governments, current issues, and Tribal consultation within the basin, 2) make the training available and easily accessible to

Omaha District staff who work with, may work with, or are interested in the American Indian Tribes in the basin, and 3) create a culture within the Corps that integrates Tribal governments into the planning, programs and project management processes. The target audiences for this educational program include the following: District staff and management, Division staff and management, and Headquarters staff and management.

2. Public Education Plan.

The goal of the public education plan is to inform the general public of American Indian perspectives and beliefs regarding Cultural Resources, archeological sites, sacred sites, and the importance of protecting and preserving these sites.

Three objectives of the public education program are, 1) to target specific audiences and inform them of American Indian cultural values and beliefs concerning Cultural Resources and 2) inform them of the importance of leaving these items undisturbed and 3) educate them to the future benefits these actions will create. The target audiences for this educational program include the following: school-age children, hunters, boaters, fishers, visitors at Corps facilities, and those individuals who might currently dig or collect cultural artifacts as a hobby, and professional looters who illegally excavate.

III. CORPS OF ENGINEERS PERSONNEL TRAINING

American Indian Tribes helped shaped the character and culture of the area within U.S. Army Corps of Engineers, Omaha District, but remain relatively unknown to the majority of people in the area. Many Americans have inaccurate perspectives about American Indians and their cultures. Many Americans envision American Indians as romantic tragic figures daubed with bright paint and bedecked with feathers. These views are the result of incomplete historical perspectives, and stereotypes perpetuated by American media and the entertainment industry. These images prevent many from understanding the important contributions American Indians made in the formation of the United States and the contributions they make today and will continue to make in the future.

American Indian Tribes have developed many strategies to subsist and meet the challenges of the United States. The Corps personnel training program will provide insight into American Indian perspectives regarding interactions with Federal agencies. Each of the subject areas addressed in the personnel training sessions provides the historic and cultural perspectives of the Missouri River corridor tribes.

A. Brown Bag Presentations

The Brown Bag presentation style is an easily accessible informal, non-compulsory, and cost effective means for Corps personnel to increase their knowledge about Omaha District Tribes. This presentation style will allow interested Corps personnel to attend thirty minute sessions during their lunch period.

The training concept is designed to give the participants information, ideas, and skills through the use of 30 minute modules that will cover nine broad subject areas. Subjects covered are:

• Sacred Missouri River • Pick-Sloan Plan • Tribal Government (Past to Present) • Main-stem Tribal Governments • Issues Facing Tribal Governments • Sacred Lands • Kinship Systems • Laws & Treaties • Communication with Tribes

The objectives of each module are to heighten awareness and insight about historical and current issues facing Tribal governments, so participants will develop more knowledge and understanding of Tribal perspectives. Each module is broken down into the following sections: topic, learning objectives, and content. The content section contains the information that the presenter could use to create the presentation. The chosen presenter will determine what material he/she believes will best achieve the learning objective listed. Modules are contained in Appendices A through I.

The Sacred Missouri River module will cover Tribal, cultural, and spiritual perspectives of the Missouri River and how these perspectives influence tribal decision making (Appendix A). The Pick Sloan module will explain how the Pick Sloan Plan impacted the Tribes along the Missouri River and how this currently effects Tribal relations with the Corps (Appendix B). An explanation of how Tribal governments have evolved to accommodate new situations and the struggles they face to preserve their cultural values and traditions will be covered in the Tribal Government Past and Present module (Appendix C). The Main-stem Tribal Governments module will explain impacts that main-stem Tribal governments faced with the construction of the Corps dams and current Tribal conditions (Appendix D). The Issues Facing Tribal Governments module will explain some of the main issues and problems facing Tribes from an historic and present viewpoint (Appendix E). The Sacred Lands module will cover new legislation, laws, and regulations dealing with preserving and protecting scared lands (Appendix F). The Kinship Systems module will explain American Indian kinship systems and how it continues to play a part in Tribal leadership (Appendix G). The Laws and Treaties module will explain the history of laws and treaties between Tribal governments and the United States government and how these guide current interactions (Appendix H). The Communication with Tribes module will explain how American Indians communicate and current consultation between the Corps and Main-stem tribes (Appendix I).

B. Cultural Resources Training Encampment

Activities are designed to expose participants to the life ways, customs, and values of Native American Tribes in order to gain a better understanding as to why sacred and Cultural Resources in Tribal homelands are so important to the Tribes. Learning objectives require application in a realistic environment that provides direct insight into the Native American cultural, beliefs, and values. Therefore, the students and instructors will be living in a camp setting for the Encampment training. A general outline of the training is as follows:

• Day one of the training encampment will focus on the preservation and protection of natural and Cultural Resources from Native American perspectives. • Day two of the training encampment will focus on effective stewardship. • Day three of the training encampment will focus on cultural, traditional, and spiritual Native American perspectives. • Day four will provide participants with interactive cultural training activities.

When developed, the cultural resources encampment guide and materials will be placed in Appendix J.

IV. PUBLIC EDUCATION

The general public is educated about Native American culture through many inaccurate sources and misrepresentations of the culture are prevalent throughout American society. For instance, many school-age children refer to Native Americans in past tense form and describe the romanticized version of Native Americans presented in movies and other media sources. Therefore, the general public needs to be educated about the cultural and spiritual significance Cultural Resources still have for Tribes along the Missouri River.

As mentioned earlier the goal of the public education plan is to inform the general public of the cultural significance of Cultural Resource and archeological sites and the importance of protecting and preserving these sites to benefit all Americans.

Three objectives of the public education program are, 1) to target specific audiences and inform them of Native American cultural values and beliefs about Cultural Resources and 2) inform them of the importance of leaving these items undisturbed and 3) educate them to the future benefits these actions will create. The target audiences for this educational program include the following: school-age children, hunters, boaters, fishers, visitors at Corps facilities, and those individuals who might currently dig or collect cultural artifacts as a hobby, and professional looters who illegally excavate.

Initially this will be done by completing hunting and fishing license inserts, informational brochures and pamphlets, a teachers guide for middle school-age students, elementary age toolkits, interpretive displays, a cultural resource video promotional trailer, and a 30-minute Cultural Resources video.

A. Hunting and Fishing License Inserts. The hunting and fishing inserts are intended to educate this population of the importance of Cultural Resources and their ability to report illegal excavations they might witness in remote areas and their role in preserving these resources. The inserts will include an easily accessible business card they can carry of the Corps Looting and Artifact Collection line.

1. Target Population. The target population for the hunting and fishing license inserts include the following: hunters, boaters, and fishermen.

2. Objectives. a. Inform hunters and fishermen that looting and vandalism of Cultural Resources sites is a violation of Federal and state laws. b. Encourage hunters and fishermen to report potential looting incidents using the 24-hour Looting and Artifact Collection hotline. c. Advertise the Corps 24-hour Looting and Artifact Collection hotline.

3. Background. In general the public is unaware of the cultural and spiritual significance that artifacts have for Native Americans. Many view artifact collecting as an appropriate multigenerational hobby, which is passed down to younger generations. However, artifact collecting is the unauthorized excavation, removal, damage, or otherwise alteration and defacement of archeological resources located on public or Indian lands. A Senate hearing in 1988 on illegal artifact collecting defined two types of collectors (commonly referred to as Pothunters), those individuals who dig and collect for his or her own enjoyment (these individuals can be educated about the cultural significance of these items and the Federal laws protecting them) and those individuals who illegally excavate Cultural Resource sites for profit, also know as looters. Professional looters carefully plan their illegal excavation and are dangerous. Therefore, the general public needs to be educated about professional looters and how to report these activities to the appropriate law enforcement authorities.

The nature of artifact collection and looting present many enforcement difficulties, because Cultural Resources and archeological sites are sometimes located away from public view and are hidden within acres of forest where one park ranger may patrol millions of acres. Once artifacts are unearthed it is very difficult to link the artifacts to a specific site, which causes problems in the prosecution of these offenses. Therefore, the general public can assist authorities by reporting any excavating they may observe while hunting, boating, camping, hiking, etc.

Currently the Corps has a Looting and Artifact Collection line to provide a non-threatening and easy way for the general public to report observed or suspected looting and artifact collecting. When the general public contacts the hotline the Corps records the location of the site in the Cultural Resources database so further investigation of the site can occur. Currently if Corps personnel issue a citation for artifact collecting the defender’s information is also entered into the Cultural Resources database, which assists in identifying repeat offenders, and vulnerable sites.

When developed, the hunting fishing inserts will be placed in Appendix K.

B. Informational Brochures and Pamphlets. The informational brochures and pamphlets are intended to educate the general public of the importance of protecting and preserving Cultural Resources, and the cultural and spiritual significance these items have for contemporary Missouri River Tribes. They are also designed to inform the public of the Federal and state laws regarding these resources and the importance of leaving artifacts alone and to report any illegal activities they might witness to the Corps 24-hour Looting and Artifact Collection line.

1. Target Population. The target populations for the informational brochures and pamphlets include the following: school-age children, hunters, boaters, fishers, visitors at Corps facilities, and those individuals who might currently dig or collect cultural artifacts as a hobby, and professional looters who illegally excavate.

2. Objectives a. Educate the public of Native American cultural beliefs and values surrounding Cultural Resources and the importance of protecting and preserving them. b. Inform the public of Federal and state laws protecting and preserving Cultural Resources. c. Inform the public of the Corps 24-hour Looting and Artifact Collection hotline to report looting. d. Provides a definition and descriptions of artifacts, cultural items, and archeological sites so the public will know to leave them alone. e. Informs the public that sites are monitored and Federal and state laws will be enforced. f. Visually pull the public into reading through use of graphics, pictures, etc.

3. Background. The brochures and pamphlets are intended to increase the general public’s knowledge about important aspects of American Indian culture, beliefs, values, and spirituality to assist in the preservation and protection of cultural, sacred, archeological, and paleontological sites along the Missouri River Corridor. Inserts, pamphlets and brochures will inform the public that artifact collecting is prohibited on Federal and Indian lands and that it is a federal and state prosecutable offense. The inserts, pamphlets, and brochures will also describe what items are archeological and Cultural Resources, so the public will know what items to leave alone while visiting Federal or Indian lands.

Initially it is anticipated that two brochures will be completed.

Brochure One is designed to create public awareness and to inform the public of the cultural and spiritual significance these sites have for the Tribes whose ancestors lived in these areas and created the sites. Some questions used in the development of the brochure will include:

• What are cultural areas and sites? • What are traditional cultural properties? • What are archeological sites? • Who created these cultural areas and sites? • When were these cultural areas and sites created? • Where are these cultural areas and sites located?

• Why should these traditional cultural properties, cultural areas, and sites remain undisturbed? • What laws are in place to protect, preserve and prosecute violators? • Where can I find information? • What can I do to protect these sites? • How can I participate or what can I do to ensure that these Traditional Cultural Properties (TCP), areas and sites will be available for the future for others to learn about the past?

The brochure will address the need for leaving traditional cultural properties, archeological sites, and other material remains undisturbed.

Brochure Two is designed to inform the public on how to protect, and preserve Cultural Resources today and in the future. It will include the American Indian perspective that many of the artifacts are property of the dead, and should be treated with respect. Also the removal of artifacts from archeological sites, or vandalism of sites on federally owned or managed properties, is prohibited by various laws and regulations. Some questions used in the development of the brochure will include:

• What are artifacts? Give examples. • What are archeological sites? • What are the laws and regulations that control the removal and vandalism of artifacts from these archeological sites? • What are the penalties for violations of these laws and regulations? • Address the need for leaving traditional cultural properties, archeological sites, and other material remains undisturbed. • Why it is important to leave the TCP, archeological sites and other material remains undistributed. • How would you feel if your personal property were looted, vandalized and stolen? • What should I do if I find artifacts? • Who can I call to report an incident involving looting, vandalism, etc?

This brochure will also address the need for leaving traditional cultural properties, archeological sites, and other material remains undisturbed.

When developed, the informational brochures and pamphlets will be placed in Appendix L.

C. Teachers Guide - Middle School. The teacher’s guide for middle school-age students is designed to provide a school teacher with a complete preservation and protection program that can be taught in parts or as a whole to educated students about the significance of Cultural Resources and the importance of protecting them.

1. Target Population. The target populations for the teachers guide include the following: elementary and middle school teachers, students, and administrators at public and private middle school educational institutions.

2. Objectives. a. Teaches middle school-age students American Indian cultural values and beliefs and the significance of Cultural Resources. b. Teaches middle school-age students what artifacts, cultural resources, and archeological sites are and the importance of protecting and preserving these sites. c. Teaches middle school-age students how looting and vandalism affects Tribal Peoples today and in the future if they do not act to protect them.

3. Background. Often, teachers would like to teach on the topic of Cultural Resource Education but are unable to find materials that accurately address the topic. Also finding time to teach this subject varies depending on the state requirements for other subjects, students’ ability to understand concepts, and other circumstances outside their control. The intent of the teachers guide is to provide a curriculum that can be presented in its entirety or in strategically determined segments that will allow a teacher to tailor the lessons to the time available.

When developed the teachers guides will be placed in Appendix M.

D. Teachers Guide - Elementary. The teacher’s guide for elementary school-age students is designed to engage children to understand the importance of Cultural Resources preservation and protection.

1. Target Population. The target populations for the teacher’s guide include the following: elementary school-age children, teachers and administrators at public and private elementary educational institutions.

2. Objectives. a. Teaches school-age children American Indian cultural values and beliefs and the significance of Cultural Resources to Tribal peoples. b. Teaches children about artifacts, Cultural Resources, and archeological sites and the importance of protecting and preserving these sites. c. Teaches children how looting and vandalism affects American Indian’s today and in the future if they do not act to protect them.

3. Background. The class activities are designed to provide knowledge about contemporary Native Americans that have a historical and contemporary role in the Missouri River corridor, so students may draw an understanding that Tribal cultures do not only exist in the past and the present destruction of these resources greatly affect contemporary Native Americans. The overall objectives of the activities are to teach children what artifacts, Cultural Resources, and archeological sites are. And that collecting these resources is not an appropriate hobby.

The teacher guides are included in Appendix N.

E. Interpretive Displays. The interpretive displays and signs are intended to educate a wider audience of the importance of protecting and preserving Cultural Resources, and the

cultural and spiritual significance these items have for contemporary Missouri River Corridor Tribes.

1. Target Population. The target populations for the interpretive displays include the following: school-age children, hunters, boaters, fishers, visitors at Corps facilities, and those individuals who might currently dig or collect cultural artifacts as a hobby, and professional looters who illegally excavate.

2. Objectives. a. Visually attracts the public’s attention so people will take the brochures. b. Represents Native American cultural values and beliefs, and the significance of Cultural Resources for contemporary Tribal peoples.

3. Background. The signs are designed to visually attract people’s attention and invoke a protection and preservation response. The public can learn about Cultural Resource preservation at conferences, interstate rest areas, and other highly traveled public use areas through interpretive signage. The pictures and text will be used in a visually pleasing combination. The display will be made of lightweight fabric, graphic, portable, pop-up displays, and will be developed around two separate themes. The signage can be a collage of messages pertinent to the theme chosen, and the collage, will be in color.

Initially it is anticipated that the first theme will be, “The Missouri River: A Living, Connected Community” showing the pre-Dam History from an American Indian Perspective. Content will be from the Missouri Main Stem System - Programmatic Agreement Preamble. To include from the background section, “The Missouri River corridor is approximately 2,315 miles long. Over the course of thousands of years of occupation, Tribal groups have established and maintained cultures and traditions that revolve around the natural resources of, and wildlife attracted by, the Missouri River ecosystem. This ecosystem and its well being continue to be crucial to the worship practice and life ways of contemporary American Indians. There is a direct relationship between the environment, traditional worship practices, and the continued survival of diverse tribal groups.” The Post-Dam segment from the American Indian Perspective will incorporate the oral history and the value of the Missouri River and how it is important to all Americans. American Indian environmental wisdom and spirituality is legendary and will easily draw the public’s attention. An overarching belief can relay the importance of preservation and protection. For instance the Dakota saying, “Mitakuya Owasin (All My Relatives)” can express the American Indian belief of kinship in an effective manner. The signage will show the losses (artifacts, Cultural Resources) and reiterate that what’s left is important to people who continue to live along the river. In addition it will include the historic preservation (timeline) efforts on the Missouri River Main stem system. It will also include other activities such as recreation and the future of the Missouri River.

The second theme is expected to be, “Cultural Resources: What are cultural resources?” Questions that should be addressed on the display are:

• Where did the cultural resources come from? • How did the cultural resources along the Missouri River happen to be there?

• What Laws and regulations are in place to preserve and protect the Cultural Resources from Looting and Vandalism?

Examples of the types of items that could be on the display from an Indigenous Perspective of Cultural Resources include: animals, plants, natural resources, burial sites, occupation sites, prayer/worship sites, gardening sites, watersheds, buttes, mountains, high ridges, and their natural formations (landscapes).

More information and examples of displays are included in Appendix O.

F. Cultural Resource Video Promotional Trailer. The intent of the promotional video trailer is to educate television viewers of the importance of protecting and preserving Cultural Resources, and the cultural and spiritual significance these items have for contemporary Missouri River Corridor Tribes. This promotional video trailer will summarize in 6 minutes or less the main points covered in the full length Cultural Resources video. It is intended to encourage the public to view the longer feature video.

1. Target Population. The target population for the promotional video trailer is the general public. This includes the following: school-age children, hunters, boaters, fishers, visitors at Corps facilities, and those individuals who might currently dig or collect cultural artifacts as a hobby, and professional looters who illegally excavate.

2. Objectives. a. Initially a video trailer will be produced reflecting the overall objectives and goals of the final video. b. A high quality video will be produced to educate the public about Cultural Resources protection and preservation. c. Will provide a history of the Missouri River since the U.S. Army Corps creation of the main-stem dams and the repercussions Tribal peoples are still dealing with today.

3. Background. The video is designed to provide the viewing audience with the history of the Missouri River Corridor since the creation of the main-stem system of dams and the affects the system has had on Tribal cultures. The video will communicate Tribal perspectives through Tribal interviews and historical film footage of the main-stem dam construction. The video will visually display contemporary life on the river for Tribes and describe the cultural and spiritual significance the river still has. It will graphically and verbally illustrate the importance of preserving and protecting the resources that remain. The video will describe why the river is important by translating creation stories and spiritual and cultural traditions surrounding the river.

More information on this item is included in Appendix P.

G. Cultural Resource Video. The intent of the video is to educate television viewers of the importance of protecting and preserving Cultural Resources, and the cultural and spiritual significance these items have for contemporary Missouri River Corridor Tribes.

1. Target Population. The target population for the video is the general public. This includes the following: school-age children, hunters, boaters, fishers, visitors at Corps facilities, and those individuals who might currently dig or collect cultural artifacts as a hobby, and professional looters who illegally excavate.

3. Background. The video is designed to provide the viewing audience with the history of the Missouri River Corridor since the creation of the main-stem system of dams and the affects the system has had on Tribal cultures. The video will communicate Tribal perspectives through Tribal interviews and historical film footage of the main-stem dam construction. The video will visually display contemporary life on the river for Tribal peoples and describe the cultural and spiritual significance the river still has. It will graphically and verbally illustrate the importance of preserving and protecting the resources that remain. The video will describe why the river is important by translating creation stories and spiritual and cultural traditions surrounding the river.

Some of the themes that will be addressed in the video are:

• Show life on the river for the Indigenous peoples and show a typical day – summer, winter, fall, spring. • Include an overview of dams. • Tell the story of the dams and tie it to people that exist today, talk about the losses, and show why what is left is so important to Indigenous people. • Tell how the original teachings and instructions are tied to the river, and the burial sites of which thousands are under the water or destroyed. • Explain why American Indian Tribes are honored to have ties to the river. • Include the Identity – who I am and where I belong, and most important, what is my responsibility to the river. • We share the river with other groups, the river is a value to all Tribes, why these lands are so important to Tribes. • In form the public why tribes need these places to continue their way of life. • Discuss coexistence and the need to share about Tribal ancestors.

The video will incorporate Cultural Resources topics through interviews of Tribal, state and Federal parties. A draft script and story board is included in Appendix Q. Upon approval of the draft script, a final script and draft video will be provided. Upon acceptance and incorporation of

changes, a final script and video will be provided. The video will be provided in DVD format as well as studio quality VHS/Beta tape.

More information on this item is included in Appendix Q.

14 APPENDIX A MODULE 1 – THE SACRED MISSOURI RIVER APPENDIX A

Module 1

I. Topic: The Sacred Missouri River

II. Presenter. The presenter for this module will be selected from the list of approved presenters located in Appendix R. This list has been compiled to ensure that those that present have a broad background and are qualified to teach on the subject.

III. Learning Objectives. This module will cover Affected Tribes cultural and spiritual perspectives of the Missouri River. The presentation will provide participants an overview of some tribal perspectives of the Missouri River, how these perspectives have contributed to the area and continues to influence tribal decision making. Specific objectives are: • Participants will be able to identify cultural and spiritual perspectives of Affected Tribes. • Participants will be able to identify how these perspectives influence tribal decision making. • Participants will be able to identify how these perspectives influence tribal relations with the U.S. Army Corps of Engineers, Omaha District. • Participants will recognize how the Missouri River is sacred to the American Indian tribes. • Participants will comprehend the American Indian viewpoint of the Missouri River as sacred. • Participants will integrate the American Indian viewpoint of the Missouri River as sacred when working with American Indian tribes.

IV. Content.1 American Indian environmental wisdom and spirituality is legendary. Spiritual beliefs vary among the affected tribes along the Missouri River, but an overarching concept of an interconnected and linked universe is prevalent among tribal spiritual beliefs. For instance animals are respected and viewed as an equal, even though they are hunted for food. Mitakuya Owasin “All My Relatives” is a Dakota people saying that extends kinship to everything that lives. Therefore, if something affects one part of this link the whole system is disturbed. Native American spiritual beliefs have been defined as the polar opposite of Anglo-American spiritual beliefs and have greatly affected the relationships between Anglo-Americans and tribal governments. Cultural and spiritual beliefs have been passed down to preceding generations for thousands of years through creation and origin stories, parables, and art.

Sacred Missouri River

For the Affected Tribes along the Missouri River spiritual beliefs regarding the Missouri River have been passed down to preceding generations for thousands of years through their tribal creation and origin stories, parables and art. Their stories reflect themes of environmentalism, naturalism, and interconnection. The Missouri River is believed to be a sacred life source for many of the tribes.

1 The goal of this module is to inform U.S. Armu Corps of Engineers, Omaha District employees of American Indian perspectives and beliefs regarding the Missouri River. There may be material included in this module that does not reflect the views of the U.S. Army, Corps of Engineers, but the intent is to teach the American Indian perspective and allow the employee to compare it to their personal perceptions.

A-2 APPENDIX A

Examples of these beliefs are found in various creation and origin stories among the Affected Tribes. An Arikara story states, all living things were in the womb of mother earth and moved to the surface of the earth. When humans emerged from the earth they did not know how to care for themselves and began to wander the surface of the earth. While wandering several obstacles were put in their way. One of these obstacles was a great body of water (the Missouri River). To overcome this obstacle a bird made a path through the water for the people, but before everyone had made it through the water it closed over them. The people who had been consumed by the water became the fish and other water creatures. A Mandan creation story states, the Missouri River is the site of creation and divided the world into two parts. The south side of the river had hills, springs, and timbered areas. The north side of the river was flat land with lakes, ponds, and had few trees.

A Sioux story states, there was a world before this world, but the people in it did not behave and the Creating Power was not pleased and decided to make a new world. The Creating Power than sang songs which brought rain and the earth cracked open. Water emerged from the cracks and covered the land. When the rain stopped all the people and animals had drowned. The Creating Power made a new world from mud which covered everything. However, the creating Power felt pity for the dry desolate land and began to weep. These tears created the oceans streams and lakes.

Another Sioux story states, Wakinyan (thunderbirds) were once giants that came to the earth and were very destructive. While on the earth the thunderbirds dug up the earth creating gorges. While the thunderbirds roamed the earth rain fell without the sound of thunder and flashes of lightening. As the rain fell it filled the gorges creating the oceans and rivers. Eventually the thunderbirds left the earth and returned to the skies. You can still hear the thunderbirds song in rainstorms when it thunders and can see their eyes when lightening flashes.

Spiritual Culture Influence Tribal Decision Making

For the Affected Tribes along the Missouri River their creation stories are still told to children and they are taught to value the earth and all living creatures. An Oglala Sioux story emulates these principles.

God is within all things - Oglala Sioux.

The Sacred Pipe: Black Elks’s Account of the Seven Rites of the Oglala Sioux

“We should know that all things are the works of the Great Spirit. We should know that He is within all things: the trees, the grasses, the rivers, the mountains, and all the four- legged animals, and the winged peoples; and even more important, we should understand that He is also above these things and peoples.”

[The holy white buffalo woman explains the use of the sacred pipe:] “With this sacred pipe you will walk upon the Earth, for the Earth is your Grandmother and Mother, and She is sacred. Every step that is taken upon her should be as a prayer . . . All these peoples, and all the things of the universe, are joined to you who smoke the pipe

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- all send their voices to the Great Spirit. When you pray with this pipe, you pray for and with everything . . . Every dawn as it comes is a holy event, and every day is holy, for the light comes from your Father Wakan-Tanka; and also you must remember that the two- leggeds and all the other peoples who stand upon the earth are sacred and should be treated as such. All the fruits of the wingeds, the two-leggeds and the four-leggeds are sacred and should be treated as such.”

When Affected Tribes make decisions about natural resources they recognize that all things are interconnected and the decisions made can have repercussions throughout the system. This method of decision making is very different from other forms of decision making that do not view things as being interconnected. The Missouri River originally ran freely through Montana, North Dakota, and South Dakota until the Missouri River Main-stem dam system and reservoir projects were constructed during the second half of the twentieth century. The construction of the dams has not changed the cultural and spiritual importance of the river for the tribes. The river is still viewed as sacred the Mni Wiconi (Water of Life).

The Missouri River has been used by generations of tribal peoples for settlement, trade, prayer, and burial. There, are 1,100 archeological sites along the Missouri River eligible or listed on the National Historic Places, and thousands of ancient cultural areas blanket the bottom of the river basin. The Missouri River still continues to be a place of spiritual practices for many of the Affected Tribes. The tribes want to ensure that these cultural resources and sites will be preserved for future generations.

The Programmatic Agreement for the operation and management of the Missouri River main- stem system for compliance with the National Historic reservation Act, as amended, is an attempt to address all problems associated with cultural and historic resource impacts involved with the ongoing operation and maintenance of the Missouri River system of main stem dams. This agreement provides Affected Tribes the opportunity to participate in the decision making process of the management and operation of the Main-stem system.

V. Resources

• Phyllis F., Phyllis, F., Brown, J., (2003) Sacred Pipe: Black Elk’s Account of the Seven Rites of the Oglala Sioux. University of Oklahoma Press, Reprint Edition. Oklahoma • U.S. Army Corps of Engineers. (2003). ACHP: Status Report on The U.S. Army Corps of Engineers Historic Preservation Program for the Missouri River Mainstem System. Retrieved December, 2006, from Website: http://www.achp.gov • U.S Army Corps of Engineers, Omaha District. (2002). Cultural Resources Program Management Plan. Retrieved December, 2006, from U.S. Army Corps of Engineers Omaha District Website: hhtp://w3.nwo.usace.army.mil/CR/ • U.S. Army Corps of Engineers, Omaha District. (2004). Final Programmatic Agreement for the Operation and Management of the Missouri River Main Stem System For Compliance With the National Historic Preservation Act, as amended. Retrieved December, 2006, from U.S. Army Corps of Engineers Omaha District Website: http://w3.nwo.usace.army.mil/CR/FinalPA050901.pdf

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• Project Wet International Foundation. (2006). Native Waters: Native Myth Database. Retrieved December 2006, from http://www.projectwet.org/nativewaters/new.htm

A-5 APPENDIX B MODULE 2 – PICK SLOAN APPENDIX B

Module 2

I. Topic: Pick Sloan Plan

III. Learning Objectives. This module will explain what the Pick Sloan Plan was and the impact that this legislation had on tribes along the Missouri River, from the Affected Tribes perspectives. • Participants will learn how the Pick Sloan legislation was enacted. • Participants will learn how this legislation impacted tribes along the Missouri River. • Participants will obtain a better understanding of current tribal interactions with the Corps.

IV. Content.2 The Missouri River originally ran freely through Montana, North Dakota, and South Dakota. The Missouri River has been used by generations of tribal peoples for settlement, trade, prayer, and burial. In 1944 the lives of tribal members along the Missouri River were dramatically changed because of the Pick Sloan Flood Control Act, which transferred tribal lands along the Missouri River to the Army Corps of Engineers for the construction of dams and reservoirs.

This project was one of the largest public works projects in U.S. history and dramatically decreased land for tribes along the river. The Lakota, Dakota, and Nakota tribes lost 202,000 acres. North Dakota’s Three Affiliated Tribes (Mandan, Hidatsa, and Arikara) lost 155,000 acres of their Fort Berthold Reservation and 1,544 people were forced to relocate. None of the tribes were consulted in these decisions and the loss of land resulted in dramatic economic stress for the tribes.

Pick Sloan Legislation

Periodically the Missouri River would flood, destroying farm land and towns along its banks. During 1943 the Missouri River floods caused the river to expand by 15 miles wide. Many residents along the river were displaced so plans for creating dams on the river emerged. One plan was developed by the Army corps of Engineers, headed by Brig. Gen. Lewis Pick, which emphasized flood control and navigation for barges and boats. Another plan was developed by The U.S. Bureau of Reclamation, headed by William Sloan, which emphasized irrigation, hydroelectric power, and fish and wildlife habitat, and recreation.

Both plans had supporters in Washington so President Franklin forced the two agencies into negotiation and demanded a compromise between them. The Pick Sloan Plan was then developed. The plan called for almost 100 reservoirs to be built on the Missouri River with

2 The goal of this module is to inform Corps of Engineer employees of American Indian perspectives and beliefs regarding the Pick Sloan Plan. There may be material included in this module that does not reflect the views of the U.S. Army, Corps of Engineers, but the intent is to teach the American Indian perspective and allow the employee to compare it to their personal view.

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hundreds of miles of levies and floodwalls throughout the basin. The plan anticipated that thousands of barges could carry millions of tons of grain out of the Midwest to ports in New Orleans.

The Pick Sloan Act passed through Congress with the formal name of the Flood Control Act of 1944. This project was one of the largest public works projects in U.S. history and dramatically decreased land for tribes along the river. The Lakota, Dakota, and Nakota tribes lost 202,000 acres. North Dakota’s Three Affiliated Tribes (Mandan, Hidatsa, and Arikara) lost 155,000 acres of their Fort Berthold Reservation and 1,544 people were forced to relocate. None of the tribes were consulted in these decisions and the loss of land resulted in dramatic economic stress for the tribes.

Pick Sloan and Tribal Rights

Treaties stipulated land could not be taken from Indian tribes without their consent. However, none of the tribes along the Missouri River were consulted about the Pick Sloan Plan and no tribal representation was present while Congress debated the plan. Previously established tribal water rights, which were defined in the Winters Doctrine (Winters v. United States, 207 U.S. 564, 1908) stated, when Indians gave up their rights to their former lands in exchange for the arid unirrigated land of a reservation, sufficient water had to be reserved to enable tribes become civilized people. The doctrine also stated; Indian rights to use water could not be diminished by any rights created under state law (Lawson, M., 1982).

Sioux Experience of Pick Sloan

Construction of the Fort Randall Dam began in May 1946. This project was located near the Yankton reservation 100 miles southeast of the Crow Creek and Lower Brule reservation and just seven miles above the Nebraska line in south-central South Dakota (Lawson, M., 1982).

The Fort Randall Dam flooded 22,091 acres of Sioux land and dislocated 136 Indian families. Hardest hit were the Crow Creek Sioux. The tribe lost 9, 514 acres of precious bottomland, over one-third of which was forested. Eight-four families, representing approximately 34 percent of the reservation population, were forced to evacuate their riverside homes and to accept land ill suited for houses, ranches, or farms. Fort Thompson, the reservation’s largest community, was completed inundated. The Bureau of Indian Affairs (BIA) agency headquarters there, which also served the Lower Brule Sioux, was relocated thirty miles from the reservation to Pierre, the tiny capital city of South Dakota. The Indian Health Service hospital was moved twenty miles south to Chamberlain. These facilities were now located over ninety miles from remote parts of the reservations. Because tribal offices remained on Indian land, it was no longer possible for the Crow Creek and Lower Brule Sioux to take care of their BIA, public-health, and tribal business needs on the same day at the same location. For a people whose transportation facilities were severely limited, this situation created an immense hardship (Lawson, M., 1982).

The flooding of 7,997 acres of the Lower Brule reservation caused the dislocation of thirty five Indian families or approximately 16 percent of the resident population. Nearly one-half of the

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lost acreage was sheltered pastureland. The Tribal Livestock Enterprise, the reservation’s primary industry, suffered a serious blow (Lawson, M., 1982).

The Yankton reservation lost 3,349 acres to the Fort Randall project. Here, however, the damage was less catastrophic. The nineteen families relocated represented only eight percent of the resident population. Because most reservation land was below the dam, only twenty percent of the tribe’s river frontage was affected and no major Indian communities were disturbed (Lawson, M., 1982).

The Fort Randall also inundated 1,231 acres of the eastern boundary of the Rosebud Sioux reservation. The Corps of Engineers condemned the land of the six Indian property owners, but no tribally owned land was involved (Lawson, M., 1982).

In August 1948 the Corps began construction on the Oahe Dam, six miles northwest of Pierre South Dakota. This construction project turned the muddy Missouri into a big blue lake, deeper than Erie and longer than Ontario (Lawson, M., 1982).

The Standing Rock and Cheyenne River Sioux lost a total of 160,889 acres to this project, including their most valuable rangeland, most of their gardens and cultivated farm tracts, and nearly all of their timber, wild fruit, and wildlife resources. The inundation of more than 105,000 acres of choice grazing land affected 75 percent of the ranchers on the Cheyenne River Reservation and 60 percent of those at Standing Rock. Ninety percent of the timbered areas on both reservations were destroyed (Lawson, M., 1982).

Cheyenne River lost 104,420 acres to the Oahe deluge. Cheyenne Agency, the largest town on the reservation, and two other smaller communities were completely submerged. BIA and tribal facilities were moved sixty miles inland to the desolate prairie town of Eagle Butte, South Dakota. As in the case of Fort Thompson, this relocation caused chaos and heartache for all tribal members. Over 180 families, about 30 percent of the tribal population, were forced to leave their homes (Lawson, M., 1982).

The Standing Rock Tribe was somewhat more fortunate. Most of the agency headquarters at Fort Yates, North Dakota remained above the reservoir pool level, but the town below, where the majority of nearby tribal members made their homes, was completely flooded. The filling of Lake Oahe made an island of the Fort Yates agency, separating it from the mainland area where most of the 170 families affected were eventually resettled. Stand Rock Reservation lost 55,994 acres and was forced to relocate 25 percent of its residents (Lawson, M., 1982).

In September 1959 the Corps began construction on the Big Bend Dam; the project land belonged to the Crow Creek and Lower Brule tribes. This dam is the smallest dam in the main- stem system and was primarily developed for hydroelectric power production (Lawson, M., 1982).

The Big Bend project took an additional 21,026 acres of Sioux land. This time Lower Brule suffered the most damage. The flooding of 14,609 acres, approximately 15 percent of the reservation land base, required the relocation of the town of Lower Brule. The entire community

B-4 APPENDIX B was moved to a new sit just one mile west of its former location. Sixty-two families, comprising 53 percent of the tribal population, were displaced. Most of the timber and pastureland not already destroyed by Fort Randall and nearly one half of the remaining farms and ranches were inundated (Lawson, M., 1982).

The Crow Creek Sioux lost 6,417 acres to the Big Bend project and were forced to move twenty- seven families. These damages affected 5 percent of the reservation’s land base and 11 percent of its population. Approximately one0fourth of the tribe’s remaining farms and ranches were also deluged. The government’s handling of the Fort Randall relocations had been so slipshod that families on both the Crow Creek and the Lower Brule reservations were relocated on lands within the projected area of the Big Bend Dam (Lawson, M., 1982).

The three Pick-Sloan projects reduced the total land base of the five Sioux reservations by about 6 percent. Because the native population was concentrated near the river, over one-third of the tribal members were forced to relocate. The natural advantages of their former homes could not be replaced on the marginal lands that remained. The shaded bottomlands had provided a pleasant environment with plenty of wood, game, water, and natural food sources. Livestock could graze on abundant grasses and take shelter under the trees. The barren upland regions to which these Indians moved were less hospitable, more rigorous, and presented far greater challenges to their survival (Lawson, M., 1982).

Economic Impacts

The loss of the bottomland grazing areas seriously crippled the Indian livestock industry. Ranching had become the primary economic activity on all of the reservations except the Yankton in the years prior to Pick-Sloan. The progress made by the Standing Rock, Cheyenne River, and Lower Brule Sioux in establishing tribal cattle enterprises was greatly negated by the reservoir projects. A substantial portion of the Indian ranchers were forced either to liquidate their assets altogether or to establish smaller operations on inferior reservation land that remained (Lawson, M., 1982).

The upland regions also presented a stiff challenge for Indian homeowners. Houses built or relocated on this treeless land required better insulation and could no longer be heated by wood stoves. New sources of fuel, lumber, food, and water had to be developed or purchased. The necessity of finding new homesites and rangelands on the reduced reservations created a highly competitive and inflated real-estate market. The nature of the soil and terrain made irrigation impractical if not impossible. Paradoxically, Pick-Sloan flooded the most potentially irrigable lands. The Fort Randall and Big Bend projects, for example, destroyed the possibility of implementing plans proposed jointly by the BIA and the Bureau of Reclamation for sizable irrigation projects on the Crow Creek and Lower Brule reservations (Lawson, M., 1982).

Social Impacts

Damage caused by the Pick-Sloan projects touched every aspect of Sioux life. Abruptly the tribes were transformed from subsistence to a cash economy and forced to develop new ways of making a living. The uprooting of long-standing Indian communities disrupted and disorganized

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the social, economic, political, and religious life of well-integrated tribal groups and had a serious effect on the entire reservation population. It was an onerous imposition for tribal members to be forced to move their community halls, churches, and religious shrines. It was even harder for them to disturb the graves of their ancestors. Yet, on all except the Yankton reservation the largest cemeteries and most of the private burials grounds had to be excavated and moved elsewhere (Lawson, M., 1982).

Like any people forced to relinquish their homes, the Sioux hated not only giving up their property but also seeking unfamiliar placed to live. Their particular circumstances made the situation even more difficult. Because of their close relationship with nature, the Sioux had a sacred attachment to their land. The areas along the river had afforded them a comfortable and relative scenic environment with resources enough to sustain their way of life. The loss of this land and livelihood had a strong emotional impact on them. The disruption of both traditional communities and federal services created a great deal of anxiety, insecurity, and resentment. Feelings that they were being unjustly exploited made them sullen and bitter. Unlike others affected by pubic works projects, they were not able to duplicate their old way of life by moving to a similar environment. No Indian lands like the ones vacated existed after inundation. When measured in terms of the loss of federal services and close kinship ties, the disadvantages of leaving the reservation were much too great to make it a viable alternative (Lawson, M., 1982).

Three Affiliated Experience of Pick Sloan

In April 1946, the Corps began construction of the Garrison Dam the first of the army’s Pick- Sloan projects on the main stem of the Missouri River was Garrison Dam, which became America’s fifth largest dam. Without prior warning the Corps of Engineers entered Fort Berthold Reservation to begin construction on the dam, which resulted in a loss of 152,360 acres of Three Affiliated tribal land, which was over one forth of the reservations total land base. Because the bottomland population was even more concentrated than on the Sioux reserves, the projected required the relocation of 325 families, or approximately 80 percent of the tribal membership. For many years successful as ranchers and farmers, these industrious people lost 94 percent of their agricultural lands (Lawson, M., 1982).

The Corps of Engineers, altered the project’s specifications in order to protect the city of Williston, North Dakota, and to prevent interference with the Bureau of Reclamation irrigation projects, but nothing was done to safeguard Indian communities. When the army threatened to confiscate the land it needed by right of eminent domain, the Fort Berthold Indians protested in Washington. There they succeeded in having Congress halt all expenditures for the Garrison Dam until they received a suitable settlement. This legal action was based on the Fort Laramie Treaty of 1851 (was a treaty signed by the Sioux, Cheyenne, Arapaho, Crow, Shoshone, Assiniboine, Mandan, Hidatsa, and Arikara nations, in the treat the U.S. government promised them control of the Great Plains), also provided that land could not be taken from the tribes without the consent of a tribe and that of Congress (Lawson, M., 1982).

Negotiations with the army subsequently began in earnest. The Tribal Council offered an alternative reservation dam site free of charge. This optional site, whose selection would have caused considerably less damage to the Indians, was rejected by the Corps of Engineers because

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it would not permit adequate storage capacity. Army negotiators did offer to purchase an equal amount of land in the Knife River Valley to replace that lost to the Garrison project, but the Indians found it unsuitable for their needs (Lawson, M., 1982).

In 1947 the Three Affiliated Tribes finally had to accept the $5,105,625 offered by Congress and the corps for their losses. This settlement, considered generous by many on Capital Hill, meant that they received about $33 for each acre of their land with improvements and severance damages. From this amount they were expected also to pay relocation and reconstruction expenses. The agreement did permit them to claim additional compensation through Congress or the courts. The Indians were determined to exercise this option, and they petitioned for more money and additional benefits, such as exclusive rights to a small portion of Garrison’s hydroelectric power production at a reduced rate. After a private appraisal claimed damages to the tribe were $21,981,000 legislation requesting that amount was introduced in Congress. Following two years of debate the House and Senate finally agreed to a compromise of $7.5 million. Legislation for this final settlement received President Truman’s signature on October 29, 1949 (Lawson, M., 1982).

Economic Impacts

The total compensation of $12,605,625 was over $9,000,000 less than the Indians felt was the fair market value of the damages they sustained. The final piece of settlement legislation denied their right to use the reservoir shoreline for grazing, hunting, fishing, or other purposes. It also rejected tribal requests for irrigation-development and royalty rights on all subsurface minerals within the reservoir area. The petition for a block of Garrison Dam power was denied on the grounds that the granting of exclusive rights to the Indians would violate provisions of the Rural Electrification Act of 1936. The legislation provided for distribution of funds on a per capita basis and its failure to bar the collection of previous individual debts from this money proved to be a serious handicap. Because the law stipulated that it was a final and complete settlement of all claims, the Three Affiliated Tribes were unsuccessful in their twenty-year struggle to have its deficiencies corrected by amendatory legislation (Lawson, M., 1982).

Flooding of the bottomlands rendered the residual reservation useful. Settlement payments were too low to provide full reestablishment for most families. The uprooting of kinship and other primary groups destroyed the community life so fundamental to the Indians’ culture. Farms and ranches were liquidated, unemployment rose as high as 79 percent, and many tribal members were driven to a life of despair in nearby urban centers. Millions of dollars in federal funds were pumped into the reservation to counteract social and economic damages (Lawson, M., 1982).

V. Resources • U.S. Army Corps of Engineers. (2003). ACHP: Status Report on The U.S. Army Corps of Engineers Historic Preservation Program for the Missouri River Mainstem System. Retrieved November 11, 2006, from Website: http://www.achp.gov • Lawson, Michael L. (1982). Dammed Indians: The Pick Sloan Plan and the Missouri River Sioux, 1944-1980. University of Oklahoma Press: Oklahoma

B-7 APPENDIX C MODULE 3 – TRIBAL GOVERNMENT PAST AND PRESENT APPENDIX C

Module 3

I. Topic: Tribal Government Past and Present

III. Learning Objectives. Tribal Government (Past and Present): Will cover how Tribal Governments evolved over a period of time changing to accommodate new situations yet struggling to preserve their cultural values. Review the traditional historic governments; 1934 Indian Reorganization Act that created many of the present tribal governments we deal with; issues created by the changes within the tribes; and the process of consultation or lack of consultation used in this process. • Participants will learn the differences of the U.S. Government and Tribal Governments. • Participants will learn how traditional tribal governments were structured. • Participants will learn about the special relationship the U.S. government has with tribes. • Participants will learn who an Indian is. • Participants will learn what an Indian Tribe is. • Participants will learn about tribal enrollment and Indian identity. • Participants will learn about current tribal government structures.

IV. Content.3 Several differences emerge when traditional American Indian leadership is compared to the U.S. model of governance. Again, we emphasize that this is a deliberately simplified depiction of both American Indian leadership and of U.S. governance. With U.S. governance, we purposefully neither discuss the complex levels of government nor engage in a discussion of conflicting political philosophies. Our intent is to overview some of the major differences between U.S. governance and traditional American Indian leadership. The following is a brief comparison of these dichotomous systems.

Tribal Government Comparison with U.S. Governance

Culture and tradition were fundamental to American Indian leadership. American Indian elders were sought for their experience and wisdom, and leaders were followed because they demonstrated generosity, kindness and concern. Individual’s who showed responsibility for the welfare of their tribe emerged as leaders through their contributions to the community (American Indian Policy Center, 2002).

In contrast, the power and legitimacy for making decisions in the U.S. system is established through the institutions of government. Government in the U.S. is the formal institution through which people and land are ruled. This form of government had distinct goals and characteristics which are significantly distinct from those of traditional American Indian leadership forms (American Indian Policy Center, 2002).

3 The goal of this module is to inform Corps of Engineer employees of American Indian Tribal Governments. There may be material included in this module that does not reflect the views of the U.S. Army, Corps of Engineers, but the intent is to teach the American Indian perspective and allow the employee to compare it to their personal view.

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One fundamental difference is that U.S. decision-making is grounded in organizational authority. According to sociologist Max Weber (1946) activities and official duties are structured so purposes of the governed are distributed in a fixed way. In the U.S. system, authority is located in positions that exist independent of the leaders who fill them. The power and authority to make decisions are official duties legitimized by the organizational position and exists independently of the person selected to operate in that position (American Indian Policy Center, 2002).

The U.S. system of governance derives its authority to create and enforce laws from the consent of the people to be governed. This tradition of governance is based on the political philosophies of John Locke (1632-1704) who asserted governmental power came from the consent of the people and is based on a social contract in which people give up individual liberties to be governed for security and order, creating a civil society (American Indian Policy Center, 2002).

In the U.S. implied consent is granted to political leaders through the voting process. Through this process the U.S. government has power over people to enforce laws and regulations. Through the voting process people select a leader for a fixed term of service. After the leader is elected the people have little control over the leader’s decisions or actions (American Indian Policy Center, 2002).

In contrast American Indian leaders, had no power over their people. An illustration is the 1695 response of Chief Chingouabé to the request from Comte de Frontenac that the Ojibwe align themselves with the French. Chief Chingouabé replied, "When you command, all the French obey and go to war. But I shall not be heeded and obeyed by my nation in like manner. Therefore I cannot answer, except for myself, and those immediately allied or related to me" (O'Callaghan, 1855, p. 612 as cited in Smith, 1979, p. 311., American Indian Policy Center, 2002).

American Indian people were free to cease following a leader at any time. American Indian leaders' responsibilities were to the welfare of the tribe and future generations, and they led only as long as their leadership was needed or wanted. Johnston (1995) states: In the Anishinaubae [sic] nation there was no central authority or government, divinely appointed or humanly seized, to issue and enforce laws, dispense favors to friends, impose fines on enemies, declare war against other nations, or demand homage and tributes from its subjects (American Indian Policy Center, 2002).

Most American Indian societies had holistic systems of leadership in which community members shared in the leadership of different task (American Indian Policy Center, 2002)s.

In the U.S. government, on the other hand, the bureaucracy is methodically arranged to provide for the continuous and regular fulfillment of official duties (Weber, 1946). Individuals are elected, appointed or hired to positions within this system of power. Citizenship, age, formal education and credentials are required and act as measures of skills or competencies for these positions. Elected officials enter positions contingent on their ability to convince the electorate to vote for them and they fill their position for specified terms or for the duration of their employment (American Indian Policy Center, 2002).

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In addition to differences in the selection of leaders, traditional American Indian leadership and U.S. governance have different philosophical foundations, and regarded the welfare of the people differently. American Indian leadership was wedded with spirituality and all leadership had spiritual significance. American Indian elders protected the welfare of the tribe as guardians of tribal culture with spirituality at the core of their leadership. Equipped with the knowledge of the elders, generations of American Indian people carried on the practices which were most important to the existence of the tribe (American Indian Policy Center, 2002).

U.S. governance, on the other hand, is based on the protection of individual rights, private property and economic growth. The U.S. was founded by European immigrants who came to America to escape abuses of governing power under the European monarchy. They purposefully structured a government based on the protection of individual rights, with a division between church and state, and strict limitations on the power of leaders. Locke (1632-1704) asserted that the right to private property was an individual right that stemmed from natural law. Adam Smith (1776), the father of capitalism, believed the protection of free trade defined a civilized society. Based on this philosophy, U.S. governance operates on the principle that the welfare of society is based on the protection of private property, free markets and individual rights (American Indian Policy Center, 2002)

Decision-making in U.S. governance is significantly different than that of traditional American Indian leaders. As noted, consensus-building was the driving force behind American Indian decision-making and leaders deliberated on a matter until a resolution became clear to all. In this way, all persons involved supported the decision. Decisions were not made lightly. American Indian leaders made decisions bearing in mind the welfare of future generations. The Iroquois Great Binding Law, or Gayanashagowa, states "look and listen for the welfare of the whole people and have always in view not only the present but also the coming generations, even those whose faces are yet beneath the surface of the ground -- the unborn of the future Nation" (The Constitution of the Iroquois Nations Website, August, 1997., American Indian Policy Center, 2002).

Rational decision-making is the central component of the U.S. governance model. With elected officials, obtaining majority vote is the driving force behind decision making. Debate is central to this process. Support of all the people is not required because consent to be governed through the social contract binds citizens to the conclusions of the majority (Locke, 1632-1704). Government decisions, viewed as part of an official duty, may not be as directly linked to the integrity of the official as are decisions made by American Indian leaders (American Indian Policy Center, 2002).

Traditional Tribal Governments

Historically, only a few tribes had formal governments or written laws. There were exceptions, such as the Iroquois Confederacy founded in 1750, and the Five Civilized Tribes of the southwest which had become increasingly acculturated by the early 19th century (American Indian Policy Center, 2002).

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But most Indian societies were oral cultures, a tradition that has by no means disappeared. This does not mean that “law” was absent: “though it appeared to the casual white observer that anarchy reigned in Indian [reservations], those societies had evolved their own patterns of law and order.” Clearly-understood rules developed by consensus and were strengthened by the tribes’ pantheism which blended religion into all aspects of Indian life. The result was a “complex and smooth-working social organization of the tribes which functioned without the need for written laws or the paraphernalia of European civilization” (American Indian Policy Center, 2002).

In some tribes decisions were made by chiefs or religious leaders. In most tribes, however, policy decisions affecting tribal members evolved by consensus in general council meetings open to all. (See Land of the Spotted Eagle by Standing Bear for Sioux council meetings, American Indian Policy Center, 2002).

When individuals violated the norms of conduct imprisonment was unknown, but retribution was used by some tribes. Banishment and exile from the group was sometimes imposed. A far more common punishment, however, was ridicule. In closely-knit Indian societies, derisive scorn and laughter around the evening campfire was a powerful and effective method of punishing transgressors. For serious offenses, restitution was traditionally required in many tribes (American Indian Policy Center, 2002).

The westward movement was devastating to traditional forms of tribal governments. The arrival of non-Indian settlers and missionaries, the removal policy, and war all altered the fabric of Indian society. Most particularly, traditional tribal government was effectively displaced by federal bureaucrats. For most tribes, self-government lapsed into dormancy (American Indian Policy Center, 2002).

Tribal governments were strengthened when the Indian Reorganization Act (IRA) was passed in 1934. But it was no revival of the old ways of governing—distinctly western forms of government were adopted by the tribes, almost always drafted by lawyers from the Department of the Interior. Nevertheless, the IRA did mark the point at which tribes once again began to exercise sovereign powers, even if the exercise was not always in the traditional fashion (American Indian Policy Center, 2002).

Special Relationship Between The Federal Government and Tribes

The relationship between tribes and the federal government has a long history. The United States Constitution recognized tribes as sovereign nations. During the colonial period in the U.S. tribal government’s exerted great influence on the Europeans living in the U.S. Tribes were regarded as military and political equals, and were often key allies in power struggles between the colonies and European Countries (American Indian Policy Center, 2002).

The federal relationship with tribes dramatically changed as the U.S. followed Manifest Destiny westward. In the pursuit west tribes lost their land and resources. This moved tribal government’s into dependent domestic nations, as domestic nations within another nation the federal government has a responsibility to protect the interests of Indians.

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This Trust Relationship requires the U.S. government to meet its obligations and in theory exists to protect tribes and individual Indians (see attached Department of Defense, American Indian and Native Alaskan Policy, dated October 20, 1998). Therefore, the federal government still has a responsibility to honor agreements and treaties (American Indian Policy Center, 2002). This relationship can be defined as, the United States government is the Trustee and American Indian tribes are the beneficiaries. It is important to note that trust responsibilities arise out of nationhood of tribes, but also applies to individual Indians. This is unlike sovereignty and sovereign immunity, which can only be applied to nations.

Most American Indian Law revolves around the relationship between the federal government and tribes. It is very difficult to mark the boundaries of this relationship.

The federal trust reasonability is the most important concept of tribal relations. Trust responsibilities affect everything the federal government is involved in, from education, health care, to trust lands, and the Bureau of Indian Affairs. The most crucial aspect of this trust relationship is the power Congress has to make regulations governing the territory belonging to the United States, Article IV, 3, cl. 2. In Cherokee Nation v. Georgia ruling defined tribes as domestic dependent nations with a right of occupancy of the land until the federal government chooses to extinguish a tribe’s rite to title (Canby, 2004).

The federal government has often acted inconsistently with and in opposition to the principles of trust doctrine, leaving the public and many tribes confused. Because the federal government has so much control over the resources of Indian nations and individual Indians, the trust doctrine is implied in dealings even if not implicitly stated. Many Indians have been reexamining trust responsibility too, and finding that the federal government has not lived up to its principles. In just one example, the Bureau of Indian Affairs mismanagement and complete lack of accounting of funds has resulted in the disappearance of billions of dollars of Indian money (American Indian Policy Center, 2002).

The Department of Defense American Indian and Alaska Native Policy is attached as a resource for the presenter. The presenter can provide Corps employees with a copy.

What Is an Indian Tribe?

An Indian Tribe is a group of Indians that are recognized as constituting a distinct and historically continuous political entity for governmental purposes. The key to this is that the federal government must recognize the tribe for entitlement purposes. However, the failure of the federal government to recognize a tribe does not deprive that group of vested treaty rights. The group must have maintained itself a distinct group. The action of the federal government to recognize a tribe has traditionally been held to be a political decision not subject to judicial review. In important political component of this is that even when a tribe is recognized, Congress has the power to end recognition of a tribe and can terminate the tribe’s special relationship with the federal government. In addition, a tribe may lose its status by voluntarily ceasing to function as a distinct and identifiable entity (Canby, 2004).

Who Is an Indian?

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For a person to be defined as an Indian they must meet two requirements. They must have some Indian blood and be regarded as an Indian by his or her community. To have Indian blood an individual must have ancestors living in America before the Europeans arrived. This is hard to prove in most cases so it is enough for a parent, grandparent, or great grandparent who was identified as an Indian. Because the general requirement is some blood a person may be classified as an Indian, despite a low quantum of blood (Canby, 2004.

Blood Quantum law is an umbrella term that describes legislation enacted to define Native American groups and is an attempt to calculate the degree of racial inheritance for a given individual. Blood Quantum became very important in defining who was an Indian for the purposes of the General Allotment Act of 1887, also referred to as the Dawes Act, 24, Stat. 388. The Dawes Act was part of the federal initiative to civilize Indians. To accomplish this federal government broke up tribal land into individual parcels of land. These parcels of land were given to individuals who could prove that they were members of the tribe who owned the land. Many Indian tribes continue to employ this standard in their own tribal cultures to determine who is eligible for tribal enrollment. These often require a minimum degree of blood relationship and often an ancestor listed in a specific tribal census from the late 1800s or early 1900s (Canby, 2004.

Critics of the laws say they have been used to discriminate against Blacks and Native Americans and deny them their civil rights as well as pre-empt the right of tribes to determine by themselves who is and who is not a member. Contemporary defenders point out that U.S. tribes set their own rules to determine tribal membership, and that they can decide on their own whether or not to employ blood quantum (Canby, 2004).

Tribal Enrollment and Indian Identity

It's difficult to talk about tribal enrollment without talking about Indian identity. The two issues have become snarled in the twentieth century as the United States government has inserted itself more and more into the internal affairs of Indian nations (Canby, 2004).

Ask who is Indian, and you will get divergent responses depending on who's answering. The U.S. Census Bureau, state governments, various federal government programs and agencies, and tribal governments all have different definitions. The criteria vary from a specific amount of blood quantum and descendency to residency and self-identification (Canby, 2004).

But, the answers don't really tell you who is Indian. They tell you who can receive health care from the Indian Health Service (IHS), who can get eagle parts from the National Eagle Repository, who qualifies for educational assistance or who can vote in tribal elections.

Historian Patricia Nelson Limerick summarized in The Legacy of Conquest: The Unbroken Past of the American West, "Set the blood quantum at one-quarter, hold to it as a rigid definition of Indians, let intermarriage proceed as it had for centuries, and eventually Indians will be defined out of existence. When that happens, the federal government will be freed of its persistent 'Indian problem.'" This was particularly evident in federal relocation programs that encouraged Indians

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to leave their reservations and resettle in large metropolitan areas beginning in the 1950s through the 1980s (Canby, 2004).

Determination of one's own citizenry is a universal principle of sovereignty. Every nation possesses the right to determine its members regardless of how powerful it is or how rich it is. The United States opted to unilaterally preempt the rights of many Indian nations to engage in this fundamental and internal decision-making process (Canby, 2004).

Federal officials began deciding on a person-by-person basis who qualified as a member of the tribe and therefore, qualified for treaty benefits. Eventually the federal government settled on the idea of blood quantum, similar to what was used to determine which African Americans could be enslaved (Canby, 2004).

In 1887, under the General Allotment Act (also known as the Dawes Act), Congress adopted the blood quantum standard of one-half or more Indian blood. This meant that if an Indian could document that he (women were excluded) was one-half or more Indian blood, then he could receive 160 acres of tribal land. All other Indians were excluded regardless of their standing within the tribe. After all the "blooded" Indians were parceled out land, the rest of tribal lands were declared "surplus" and opened up for non-Indian settlement (Canby, 2004).

Limiting the allotted land to 160 acres per qualified person ensured that there weren't enough Indians meeting the genetic requirements to retain the original land base of the tribe; land that was rightfully theirs by aboriginal occupancy and recognized as such by treaties with the U.S. Government. In this way, the aggregate Indian land base was "legally" reduced from 138 million acres to 48 million acres in less than 50 years. (John Collier, Memorandum, Hearings on H.R. 7902 Before the House Committee on Indian Affairs, (73rd Cong., 2d Sess.).

Since the Dawes Act, the federal government began imposing various blood quantum eligibility requirements on Indians for commodity rations, education, annuity payments and health services.

In 1934, the federal government interposed itself one step deeper into internal tribal affairs with the Indian Reorganization Act Of 1934 (IRA) also known as the Howard-Wheeler Act 25 U.S.C.A. § 461 et seq. The ultimate goal of the IRA was to dissolve native nations and absorb Indians into the dominant culture. A committee selected by the secretary of the interior had determined that Indians comprised an unbearable financial burden for the federal government and advocated their dissolution by humane means (Canby, 2004).

Model of Tribal Government

The Indian reorganization Act (IRA) used a model for tribal governance based on a corporate structure with a governing council and constitutional bylaws or charters. The Bureau of Indian Affairs (B.I.A.) developed a boilerplate constitution that was distributed to all the tribes. All constitutional bylaws and all council actions were made subject to the approval of the secretary of the interior. The government model put forth by the BIA ignored traditional and more democratic consensus governing models already in use by tribes (Canby, 2004).

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The act had to be approved by a majority vote of "eligible" tribal members before it could be completely implemented. Tribes who didn't hold referendums were automatically included. Tribes where most people refused to participate and didn't vote, were included because a non- vote was interpreted by the BIA as a yes vote. There were also cases of more blatant election fraud (Canby, 2004).

"On the Pine Ridge (Oglala Lakota) Reservation in South Dakota, there weren't enough abstentions to carry the day against those voting against the IRA. It was subsequently discovered that a sufficient number of dead people had cast ballots to provide a pretext for ratification. Even after this was established to have been the case, the ratification was described as 'binding' on the Oglalas." (M. Annette Jaimes, p 117; see also Graham Taylor, The New Deal and American Indian Tribalism: The Administration of the Indian Reorganization Act, 1934-45)

With these tactics, the BIA brought nearly every Indian nation under IRA provisions. Provisions for tribal enrollment were part of the boilerplate constitutions forced on tribes. A reading of a number of tribal constitutions today will show that most have not been significant changed since the 1930s. Enrollment provisions can usually be found under Article II or Article III and most are identical (Canby, 2004).

Enrollment as laid out under the IRA constitutions, starts with a base roll for defining membership. The base roll is usually a U.S. Census roll, an allotment roll or another BIA- compiled roll, such as the Durant Roll of 1910. Because the U.S. government determined who was included on the rolls, many have argued that the process was biased from the start. Today, the BIA is still responsible for compiling and maintaining rolls. When there is a "federal election" on a reservation to deal with constitutional issues or the election of tribal officials, the BIA runs the elections and uses the rolls to determine who is eligible to vote. (The list of those eligible to vote may or may not be the same list as those enrolled in the tribe.)

From the base rolls, most constitutions include as members anyone who at the time of the adoption of the constitution could prove descendency from someone on the rolls. After adoption of the constitution, future generations often have to meet a number of criteria usually relating to descendency from the rolls, their own residency or that of their parents when they were birth, blood quantum or membership of one or both parents. One-fourth degree blood quantum of the particular tribe in question is a nearly universal requirement. Almost all constitutions prevent people from being enrolled in more than one tribe, regardless of their actual blood quantum. These provisions inherently lead to problems of fractional heritage (Canby, 2004).

The history of tribal enrollment has caused some Indians to refuse participation in the federally- sponsored enrollment process. Leonard Peltier expressed a representative sentiment, "This is not our way. We never determined who our people were through numbers and lists. These are rules of our colonizers. I will not comply with them." (quoted by Churchill 1991, p. 12).

But, refusing to participate can also be seen a leaving a void in tribal affairs. Often this void has been filled by people whose interests are not in sync with protecting tribal sovereignty and empowering the Indian community, but rather in enriching themselves (Canby, 2004).

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Many Indians would like to become enrolled with their tribes, but find the process excruciatingly difficult. Often it is difficult to obtain a copy of the tribal constitution and then to find a copy of the base roll. A significant amount of genealogical research is required even before an applicant can meet other criteria (Canby, 2004).

Although constitutions provide that tribal councils can pass ordinances to govern the enrollment process and establish enrollment committees to review applications, most have not. This leaves potential tribal members without a clear starting point or explicit procedures, and opens the door for real and apparent abuse of the process (Canby, 2004).

Present Tribal Government

The Indian Reorganization Act stated, any tribe or tribes residing on a reservation had the right to organize and adopt a constitution and bylaws which became effective upon a majority vote of the adult members of the tribe and upon the approval of the Secretary of Interior. Under these provisions a large number of tribes adopted constitutions. Because these measures were adopted for entire reservations the new constitutional tribes often included more than one ethnic tribe. The IRA was not designed to confer complete autonomy on tribes. As a consequence most of the constitutions which were produced were reproductions of models produced by Washington (Canby, 2004).

Most tribes have a Tribal Council, which are normally elected for a specific number of years. In some tribes they are elected by district. The council is given general governmental powers over internal tribal affairs. However, all ordinances and resolutions that have an operative effect are subject to review by the Secretary of the Interior.

Some tribal constitutions provide for a tribal chairman, who is elected by voting tribal members. Tribal bylaws typically recite that it is the chairman’s duty to preside over the tribal council and then confer varying degrees of executive authority (Canby, 2004).

Tribal courts administer tribal codes passed by the council and approved by the Secretary of Interior. Tribal court systems vary from highly structured multiple court systems to very informal single judge court rooms. In many tribes the judge is popularly elected, in others they are appointed by the tribal council. They are usually but not always tribal members.

Some tribes have no written constitutions (1979). Normally, however, the powers of tribal councils, tribal courts, and other tribal entities are determined by reference to the tribal constitution or other charter adopted by the members of the tribe. Not surprisingly, tribal constitutions vary widely depending upon the circumstances of the tribe and, importantly, upon the era in which the constitution was adopted.

As noted, most tribes first adopted written constitutions soon after the IRA was passed in 1934. The early IRA constitutions were “boiler-plate” documents setting up weak governments which acted in an advisory capacity to the BIA. Those constitutions typically granted tribal governments only the few limited powers set forth in 25 U.S.C.A.§ 476, page 81, supra, and did

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not act on the wide range of inherent tribal powers. Numerous tribes have amended their IRA constitutions, but relatively few have rendered complete overhauls with a fresh perspective on current tribal needs and on the full range of tribal powers.

One attempt to accommodate traditional tribal government and the needs of modern enterprise was the Hopi constitution. It was intended to serve both interests by preserving the role of the Kikmongwi as the leaders of each Hopi village. But the Kikmongwi were powerless to stop a strip mining lease approved by “the tribe” pursuant to an IRA constitution because “the tribe” was not subject to suit due to its sovereign immunity.

In other instances, the IRA resulted in inadvertent waivers of tribal sovereign immunity. When tribes set up business corporations under 25 U.S.C.A. § 477, the BIA provided charters which allowed the corporations to sue and to be sued. Those provisions have been read by some courts to permit suits against the tribes.

All Sioux tribes, and other tribes who live along the Missouri River do have an IRA constitution. Only one tribe recognizes and acknowledges the traditional form of tribal council. (Getches, Rosenfelt, Wilkinson, 1997).

V. Resources

• American Indian Policy Center. (2002). A Comparison with U.S. Governance. Retrieved December, 2006, from American Indian Policy Center Website: http://www.airpi.org/research/tdcompare.html • American Indian Policy Center. (2002). Traditional American Indian Leadership: A Comparison with U.S. Governance. Retrieved December, 2006, from American Indian Policy Center Website: http://www.airpi.org/researcj/tdlead.html • Getches, David H., Rosenfelt, Daniel M., and Wilkinson, Charles F., (1997). Federal Indian Law • Canby, Jr., William C. (2004). American Indian Law in a Nutshell, 4th Edition, West Publishing Company, Arizona • Department of Defense American Indian and Alaska Native Policy. (1998). Retrieved December, 2006, from Department of Defense Website https://www.denix.osd.mil/denix/Public/Native /Outreach/policy.html • Department of Defense American Indian and Alaska Native Policy. Retrieved December, 2006, from U.S. Army Corps of Engineers Website. http://www.usace.army.mil/cw/cecwp/reg/DODPolicy.pdf

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Department of Defense

American Indian and Alaska Native Policy

October 20, 1998

PREAMBLE

These principles establish the Department of Defense’s (DoD) American Indian and Alaska Native Policy for interacting and working with federally-recognized American Indian and Alaska Native governments (hereinafter referred to as "tribes"1). These principles are based on tribal input, federal policy, treaties, and other federal statutes. The DoD policy supports tribal self- governance and government-to-government relations between the federal government and tribes. Although these principles are intended to provide general guidance to DoD Components on issues affecting tribes2, DoD personnel must consider the unique qualities of individual tribes when applying these principles, particularly at the installation level. These principles recognize the importance of increasing understanding and addressing tribal concerns, past, present, and future. These concerns should be addressed prior to reaching decisions on matters that may have the potential to significantly affect protected tribal resources, tribal rights, or Indian lands.3

I. TRUST RESPONSIBILITIES

DoD will meet its responsibilities to tribes. These responsibilities are derived from:

• Federal trust doctrine (i.e., the trust obligation of the United States government to the tribes);

• Treaties, Executive Orders, Agreements, Statutes, and other legal obligations between the United States government and tribes, to include:

1. Federal statutes (e.g., Native American Graves Protection and Repatriation Act, American Indian Religious Freedom Act, National Environmental Policy Act, National Historic Preservation Act, Alaska National Interest Lands Conservation Act, Alaskan Native Claims Settlement Act, and Archeological Resources Protection Act); and 2. Other federal policies (e.g., Executive Order 12898, "Environmental Justice"; Executive Order 13007, "Indian Sacred Sites"; Executive Order 13021 "Tribal Colleges and Universities"; "Executive Memorandum: Government to Government Relations with Native American Tribal Governments," dated 29 April 1994; and Executive Order 13084, "Consultation and Coordination with Indian Tribal Governments").

DoD will annually review the status of relations with tribes to ensure that DoD is:

• Fulfilling its federal responsibilities; and

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• Addressing tribal concerns related to protected tribal resources, tribal rights, or Indian lands.

II. GOVERNMENT TO GOVERNMENT RELATIONS

Build stable and enduring relationships with tribes by:

• Communicating with tribes on a government-to-government basis in recognition of their sovereignty;

• Requiring meaningful communication addressing tribal concerns between tribes and military installations at both the tribal leadership-to-installation commander and the tribal staff-to-installation staff levels; • Establishing a senior level tribal liaison in the Office of the Secretary of Defense and other appropriate points of contact within DoD to ensure that tribal inquiries are channeled to appropriate officials within DoD and responded to in a timely manner;

• Providing, to the extent permitted by DoD authorities and procedures, information concerning opportunities available to tribes necessary to enable tribes to take advantage of opportunities under established DoD authority to: 1) compete for contracts, subcontracts, and grants, and participate in cooperative agreements; 2) benefit from education and training; 3) obtain employment; and 4) obtain surplus equipment and property;

• Assessing, through consultation, the effect of proposed DoD actions that may have the potential to significantly affect protected tribal resources, tribal rights, and Indian lands before decisions are made; • Taking appropriate steps to remove any procedural or regulatory impediments to DoD working directly and effectively with tribes on activities that may have the potential to significantly affect protected tribal resources, tribal rights, and Indian lands; and • Working with other federal agencies, in consultation with tribes, to minimize duplicative requests for information from tribes.

III. CONSULTATION

Fully integrate (down to staff officers at the installation level) the principle and practice of meaningful consultation and communication with tribes by:

• Recognizing that there exists a unique and distinctive political relationship exists between the United States and the tribes that mandates that, whenever DoD actions may have the potential to significantly affect protected tribal resources, tribal rights, or Indian lands, DoD must provide affected tribes an opportunity to participate in the decision-making process that will ensure these tribal interests are given due consideration in a manner consistent with tribal sovereign authority;

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• Consulting consistent with government-to-government relations and in accordance with protocols mutually agreed to by the particular tribe and DoD, including necessary dispute resolution processes; • Providing timely notice to, and consulting with, tribal governments prior to taking any actions that may have the potential to significantly affect protected tribal resources, tribal rights, or Indian lands; • Consulting and negotiating in good faith throughout the decision-making process; and • Developing and maintaining effective communication, coordination, and cooperation with tribes, especially at the tribal leadership-to-installation commander level and the tribal staff-to-installation staff levels.

IV. NATURAL AND CULTURAL RESOURCES PROTECTION

Recognize and respect the significance tribes ascribe to certain natural resources and properties of traditional or customary religious or cultural importance by:

• Undertaking DoD actions and managing DoD lands consistent with the conservation of protected tribal resources and in recognition of Indian treaty rights to fish, hunt, and gather resources at both on- and off-reservation locations; • Enhancing, to the extent permitted by law, tribal capabilities to effectively protect and manage natural and cultural tribal trust resources whenever DoD acts to carry out a program that may have the potential to significantly affect those tribal trust resources; • Accommodating, to the extent practicable and consistent with military training, security, and readiness requirements, tribal member access to sacred and off-reservation treaty fishing, hunting, and gathering sites located on military installations; and • Developing tribal specific protocols to protect, to the maximum extent practicable and consistent with the Freedom of Information Act, Privacy Act, National Historic Preservation Act, and Archeological Resources Protection Act, tribal information regarding protected tribal resources that has been disclosed to, or collected by, the DoD.

William S. Cohen Secretary of Defense

1. As defined by most current Department of Interior/Bureau of Indian Affairs list of tribal entities published in Federal Register pursuant to Section 104 of the Federally Recognized Indian Tribe List Act.

2. This policy is not intended to, and does not, grant, expand, create, or diminish any legally enforceable rights, benefits, or trust responsibilities, substantive or procedural, not otherwise granted or created under existing law. Nor shall this policy be construed to alter, amend, repeal, interpret, or modify tribal sovereignty, any treaty rights, or other rights of any Indian tribes, or to preempt, modify, or limit the exercise of any such rights.

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3. Definition of Key Terms:

• Protected Tribal Resources: Those natural resources and properties of traditional or customary religious or cultural importance, either on or off Indian lands, retained by, or reserved by or for, Indian tribes through treaties, statutes, judicial decisions, or executive orders, including tribal trust resources. • Tribal Rights: Those rights legally accruing to a tribe or tribes by virtue of inherent sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions, executive order or agreement, and that give rise to legally enforceable remedies. • Indian Lands: Any lands title to which is either: 1) held in trust by the United States for the benefit of any Indian tribe or individual; or 2) held by any Indian tribe or individual subject to restrictions by the United States against alienation.

C-15 APPENDIX D MODULE 4 – MAINSTEM TRIBAL GOVERNMENTS APPENDIX D

Module 4

I. Topic: Mainstem Tribal Governments

III. Learning Objectives. This module will provide the Affected Tribal perspectives of the Pick Sloan Plan, what the tribes faced with the construction of the dams and current tribal conditions.

IV. Content.4 Tribal governments along the Missouri River Corridor face many challenges. This module will describe some of the Mainstem governments Corps employees may interact with. This module will describe each tribe, their history, culture, and current economic conditions.

Santee Sioux Tribe

The Santee Sioux Tribe consists of the members of the Isanti and Ihanktowan divisions of the Great Sioux Nation. The Tribe was relocated to the reservation after Little Crow’s War in Minnesota originally designated reservation lands along the Missouri River recognized in a treaty with the United States was signed in 1863. The Santee Sioux Tribe was further defined and the boundaries expanded by the Act of March 2, 1889 which identified all the reservations in present day North and South Dakota, and Nebraska. This includes all right-of-way, waterways, watercourses and streams running through any part of the reservation and to such others lands as may hereafter be added to the reservation under the law of the United States. The original reservation was reduced to its present size by approximately 50 percent through subsequent Homestead Acts to provide land for non-Indian settlers (Minisose Org., 2006).

The Santee Sioux Tribe operates under a constitution and is governed by a Tribal Council. The Tribal Council consists of a Chairman, Vice-Chairman, Secretary, and a Treasurer and eight additional Councilmen which are elected by the tribal members. The Tribal Council Chairman serves as the administrative head of the tribal government. The Tribal Chairman and Officers serve a one year term and are elected from within the Tribal Council. All of he Tribal Council serve a term of two years and are elected from four districts, Bazil Creek, Hobu Creek, Howe Creek, and Santee (Minisose Org., 2006).

Prior to the inundation of lands along the Missouri River, many of the people lived on the river bottom lands. The entire community of Fort Thompson, schools and a hospital had to be completely relocated to higher ground. The infrastructure, schools and hospitals were never rebuilt as promised (Minisose Org., 2006).

4 The goal of this module is to inform Corps of Engineer employees of the American Indian Main Stem Tribal Governments. There may be material included in this module that does not reflect the views of the U.S. Army, Corps of Engineers, but the intent is to teach the American Indian perspective and allow the employee to compare it to their personal view.

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Santee Sioux History

The Santee Sioux Tribe is part of the Great Sioux Nation which retains our land base in accordance with Treaties in the mid 1800's which identified lands in eastern South Dakota and Minnesota. The Treaty of 1863 established the original land base along the Missouri River. The reservation was increased in size in the 1889 Act referred to as the Great Sioux Settlement. At one time The Great Sioux Nation extended from the Big Horn Mountains in the west to the east side of Minnesota. Canada is the northern boundary and the Platte River in the southern boundary. The eastern land holdings of the Dakota and Nakota were subsequently reduced by Homestead Acts, other Congressional action, and the courts. The Great Sioux Nation total land ownership was further reduced in the 1868 Fort Laramie Treaty to the east side of the Missouri River and parts of North Dakota, Nebraska, Wyoming, and Montana. This includes all of western South Dakota in the middle of the treaty lands. Crow Creek retained land on the east side of the Missouri River. The present day tribal lands are about one half of the original reservation due to Homestead Acts allowing white settlers to locate within the reservation boundaries (Minisose Org., 2006).

The Black Hills are located in the center the Great Sioux Nation. The Black Hills are sacred to the Lakota/ Dakota people and today considered an important part of our spiritual lives. A direct violation of the 1868 Treaty was committed in 1874 by General George A. Custer and his 7th Cavalry. The 7th Cavalry entered the Black Hills, the center of the Great Sioux Nation and found gold in the Black Hills. The Gold Rush started the conflict between the United States and Great Sioux Nation. The Great Sioux Nation opposed this violation of the treaty. The United States Government wanted to buy or rent the Black Hills from the Dakota/Lakota people. The Great Sioux Nation refused to sell or rent their sacred lands (Minisose Org., 2006).

The 7th Cavalry under General George A. Custer was requested to bring the Sioux bands in and place them on the reservation lands. On June 25, 1876, the Battle of the Little Big Horn between the 7th Cavalry and Lakota Nation with their allies Cheyenne and Araphoes at Greasy Grass, Montana took place. The Sioux Nation won a victory over General George A. Custer and his 7th Cavalry (Minisose Org., 2006).

The Great Sioux Nation scattered, some to Canada and others surrendered to the reservations. The United States Government demanded that the Lakota nation move to the reservations. The people finally surrendered after being cold and hungry and moved on the reservations. The government still insisted buying the Black Hills from the Lakota people. The Sioux Nation refused to sell their sacred lands. The United States Government introduced the Sell or Starve Bill or the Agreement of 1877, which illegally took the Black Hills from the Great Sioux Nation. The Dakota/Lakota people starved but refused to sell their sacred land. The Allotment of 1887 also allotted Indian lands into 160 acre lots to adult male heads of household and 80 acre lots to adult males to further divide the nation. The Act of 1889 broke up the Great Sioux Nation into smaller reservations, the remainder of which exist today at about one half their original size in 1889 (Minisose Org., 2006).

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Santee Sioux Culture

The Santee Sioux are members of the Great Sioux Nation. The people of the Sioux Nation refer to themselves as Dakota or Lakota which means friend or ally. The United States government took the word Sioux from (Nadowesioux), which comes from a Chippewa (Ojibway) word which means little snake or enemy. The French traders and trappers who worked with the Chippewa (Ojibway) people shortened the word to Sioux (Minisose Org., 2006).

The Santee Sioux Tribe is composed of descendants of two Divisions of Dakota and Nakota people. The Ihanktowan, or Yankton and Yanktonais are called the Middle Sioux. The Isanti or Dakota people are comprised of four bands that lived on the eastern side of the Dakota Nation. The Isanti and Ihanktowan speak the 'D' and ‘N’ dialect of Siouan language. Both were a river- plains people who did some farming as well as buffalo hunting. The government identified all the Tribes with similar languages as the Sioux people (Minisose Org., 2006).

Santee Sioux Economy

The Santee Sioux Tribe’s major economic occupation is cattle ranching and farming for 10 tribal operators. Commercial business by private operators include a convenience store, laundromat, and a video arcade/fast food shop, hunting/fishing guide service, arts and handcrafts, and a small motel (Minisose Org., 2006).

The Tribe continues to explore means to expand the Tribal Farm operation and other business development initiatives. There are plans to develop cultural resources to preserve and educate Tribal members and non-members. The development tourism will strengthen the economy on the reservation. The Santee Sioux Tribe will continue to search for ways to maintain our culture and develop new economic opportunities for our future generations (Minisose Org., 2006).

Standing Rock Sioux Tribe

The United States Government works on three levels: Federal, State and Tribal. The tribal reservations have a government-to-government relationship with the United States. The Great Sioux Nation signed treaties in 1851 and in 1868 with the United States which are binding documents that established our original boundaries and recognized our rights as a sovereign government (Minisose Org., 2006).

The lands of the Standing Rock Sioux Tribe were reduced to a reservation by the Act of March 2, 1889. The Tribal government maintains jurisdiction on all reservation lands, including all rights-of-way, waterways, watercourses and streams running through any part of the reservation and to such others lands as may hereafter be added to the reservation under the law of the United States. The Standing Rock Sioux Tribe operates under a constitution approved on April 24, 1959 by the Tribal Council of Standing Rock Sioux Tribe. The Tribal Council consists of a Chairman, Vice-Chairman, a Secretary and 14 additional Council people which are elected by the tribal members (Minisose Org., 2006).

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The Tribal Council Chairman is the head of administration of the Tribe. The Tribal Council Chairman and Council serve a term of four years, six of whom without regard to residence in any district or state. Each of the remaining members are elected from their District. The At-large Council members are elected by the Tribe (Minisose Org., 2006).

The Standing Rock Sioux Tribal members are descendants of the Teton and Yankton Bands of the Lakota/Dakota Nations. The Reservation is thirty-four miles south of Mandan, North Dakota. The Cannon Ball River runs along the north side of the reservation and Ceder Creek in the northwest side. The reservation ends at the Perkins County and Adams County line in the west and the Missouri River on its east side. The southern line of Standing Rock Reservation ends with the Cheyenne River Reservation line. The total land area of the Standing Rock is 2.3 million acres and of that 1,408,061 million is tribally owned. The land is an important part the Lakota/Dakota people’s lives (Minisose Org., 2006).

Standing Rock Sioux History

The Standing Rock Sioux Tribe is part of the Great Sioux Nation with the Hunkpapa and Blackfeet bands. The Great Sioux Nation retains land base in accordance with the Fort Laramie Treaty of 1851. The Great Sioux Nation extended from the Big Horn Mountains in the west to the east side of Missouri River. The Heart River is the North boundary and the Platte River in the southern boundary. The Great Sioux Nation was reduced in the 1868 Fort Laramie Treaty to the east side of the Missouri River and the state line of South Dakota in the west (Minisose Org., 2006).

The Black Hills are located in the center the Great Sioux Nation. The Black Hills are sacred to the Lakota/ Dakota people and today considered an important part of our spiritual lives. A direct violation of the 1868 Treaty was committed in 1874 by General George A. Custer and his 7th Cavalry. The 7th Cavalry entered the Black Hills, the center of the Great Sioux Nation and found gold in the Black Hills. The Gold Rush started the conflict between the United States and Great Sioux Nation. The Great Sioux Nation oppose this violation of the treaty. The United States Government wanted to buy or rent the Black Hills from the Lakota people. The Great Sioux Nation refused to sell or rent their sacred lands (Minisose Org., 2006).

Sitting Bull was a spiritual leader of the Hunkpapa band. Sitting Bull fought to preserve the Lakota way of life. He refused to sell any part of the sacred land and move to the reservation. Sitting Bull had a dream of a great victory over the cavalry soldiers the summer of 1876. The 7th Cavalry under General George A. Custer was requested to bring the Sioux bands in and place them on the reservation lands. On June 15, 1876, the Battle of the Little Big Horn between the 7th Cavalry and Lakota Nation with their allies Cheyenne and Arapahoes at Greasy Grass, Montana took place. The Sioux Nation won a victory over General George A. Custer and his 7th Cavalry.

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Nation refused to sell their sacred lands. The United States Government introduced the Starve or Sell Bill or the Agreement of 1877, which illegally took the Black Hills from the Great Sioux Nation. The Lakota people starved but refused to sell their sacred land. The Agreement of 1877 also allotted Indian lands into 160 acre lots to individuals to divide the nation (Minisose Org., 2006).

The Act of 1889 broke up the Great Sioux Nation into smaller reservations of which two million acres formed the Standing Rock Reservation: the Yanktonais and Cuthead on the North Dakota side and the Hunkpapas and Blackfeet on the South Dakota side of the reservations. Sitting Bull objected to the reduction of the land and fought to preserve their way of life. Major James McLaughlin, Indian Agent for the Standing Rock Reservation, ordered the arrest of Sitting Bull for participating in the Ghost Dance. In the process of the arrest Sitting Bull was shot by Indian Police on December 15, 1890 (Minisose Org., 2006).

The Hunkpapa who lived in Sitting Bull's camp and relatives fled to the south. They joined Big Foot Band in Cherry Creek, South Dakota then traveled to the Pine Ridge reservation to meet with Chief Red Cloud. The 7th Cavalry caught them at a place called Wounded Knee on December 29, 1890. The 7th Cavalry took all the weapons from the Lakota people. The 7th Cavalry massacred 300 people at Wounded Knee and left the bodies to freeze in the snow. The people of the Great Sioux Nation slowly recovered from this injustice and continued to survive (Minisose Org., 2006).

Standing Rock Sioux Culture

The Great Sioux Nation is also called The Lakota Nation, Tetons and the Western Sioux. The people of the Sioux Nation refer to themselves as Lakota/Dakota which means friend or ally. The United States government took the word Sioux from (Nadowesioux), which comes from a Chippewa (Ojibway) word which means little snake or enemy. The French traders and trappers who worked with the Chippewa (Ojibway) people shortened the word to Sioux (Minisose Org., 2006).

The Standing Rock Sioux Tribe encompasses the bands of Hunkpapa and Blackfeet of the Lakota Nation, and Hunkpatinas and Cuthead bands of the Yanktonais of The Dakota Nation. The Lakota Nation or Great Sioux Nation includes Oglala, Burle, Minnecoujou, Hunkpapa, Blackfeet, Without Bows and Two Kettle. The Lakotas speak an 'L' dialect of Siouan language and were horsemen and buffalo hunters on the plains. The Yankton and Yanktonias are called the Middle Sioux. The Cuthead band belongs to the Upper Yanktonais and the Hunkatina are the Lower Yanktonais both live on Standing Rock. The Yanktonias speak the 'D' dialect of Siouan language. The Yanktonais were a river-plains people who did some farming as well as buffalo hunting. The government put all the Tribes with similar languages into the Sioux people (Minisose Org., 2006).

Standing Rock Sioux Economy

The Standing Rock Sioux Tribe’s major economic occupation is cattle ranching and farming. The Standing Rock Sioux Tribe established various industries for the Tribe on the reservation

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and plans to develop more enterprises. In the area of economic development the Tribe currently operates the Prairie Knights Casino and Lodge and Prairie Knights Quik Mart, Grand River Casino, Standing Rock Farms, and Standing Rock Sand and Gravel (Minisose Org., 2006).

The Tribe encourages new business ideals for the Standing Rock Reservation. The Tribe wants to expand the Standing Rock College to include a tribal archives and genealogy center. There is a plan for a cultural resource center/museum on the reservation. The Standing Rock Sioux Tribe wants to ensure that their people, culture, tradition and way of life continue into the 21st Century. The Tribe wants to ensure that their children carry on the knowledge of our traditional language and culture. The Elders pass tribal history to the youth which make them valuable resources and enable the Tribe to grow as a people with its own culture, history and way of life (Minisose Org., 2006).

Cheyenne River Sioux Tribe

The United States Government as defined by the United States Constitution has governmental relationships with International, Tribal, and State entities. The Tribal nations have a government- to-government relationship with the United States. The Tribes of the Great Sioux Nation signed treaties in the 1800's with the United States which are the legal documents that established our boundaries and recognized our rights as a sovereign government (Minisose Org., 2006).

The Cheyenne River Sioux Tribe lands were originally reduced to a reservation with defined boundaries by the U.S. Congress in the Act of March 2, 1889 which identified all the Lakota/Dakota reservations in what is known as the Great Sioux Settlement. The Tribal governments maintain jurisdiction within the boundaries of the reservation including all rights- of-way, waterways, watercourses and streams running through any part of the reservation and to such others lands as may hereafter be added to the reservation under the laws of the United States. The Tribal government operates under a constitution consistent with the Indian Reorganization Act of 1934 and approved by the Tribal membership and Tribal Council of the Cheyenne River Sioux Tribe. The Tribal Council consists of a Chairman, Vice-Chairman, Secretary, Treasurer, and additional Council members which are elected by the Tribal members (Minisose Org., 2006).

The Tribal Council Chairman is the administrative head of the Tribe and serves a four year term. Three of the Tribal Council are elected at large and the remainder are elected from their districts.

Cheyenne River Sioux Tribe History

The Cheyenne River Sioux Tribe is part of the Great Sioux Nation which includes the Minneconjou, No Bows, Sihasapa and Two Kettle bands. The Great Sioux Nation recognizes our land base in accordance with the Fort Laramie Treaty of 1851. The Great Sioux Nation extended from the Big Horn Mountains in the west to the eastern Wisconsin. The territory extended from Canada in the north to the Republican River in Kansas in the south. The Great Sioux Nation was reduced in the 1868 Fort Laramie Treaty from the Big Horn Mountains in the west to the east side of the Missouri River, the Heart River in North Dakota in the north and the Platte River in

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Nebraska to the south. This includes the entire western half of South Dakota (Minisose Org., 2006).

The Black Hills are located in the center the Great Sioux Nation. The Black Hills are sacred to the Lakota/ Dakota people and today considered an important part of our spiritual lives. A direct violation of the 1868 Treaty was committed in 1874 by General George A. Custer and his 7th Cavalry. The 7th Cavalry entered the Black Hills, the center of the Great Sioux Nation and found gold in the Black Hills. The Gold Rush started the conflict between the United States and Great Sioux Nation. The Great Sioux Nation opposite this violation of the treaty. The United States Government wanted to buy or rent the Black Hills from the Lakota people. The Great Sioux Nation refused to sell or rent their sacred lands (Minisose Org., 2006) .

The 7th Cavalry under General George A. Custer was requested to bring the Sioux bands in and place them on the reservation lands. On June 15, 1876, the Battle of the Little Big Horn between the 7th Cavalry and Lakota Nation with their allies Cheyenne and Araphoes at Greasy Grass, Montana took place. The Sioux Nation won a victory over General George A. Custer and his 7th Cavalry (Minisose Org., 2006).

The Great Sioux Nation scattered, some to Canada and others surrendered to the reservations. The United States Government demanded that the Lakota nation move to the reservations. The people finally surrendered after being cold and hungry and moved on the reservations. The government still insisted buying the Black Hills from the Lakota people. The Sioux (Lakota) Nation refused to sell their sacred lands. The United States Government introduced the Sell or Starve Bill or the Agreement of 1877. The Lakota people starved but refused to sell their sacred land so the U.S. Congress illegally took the Black Hills from the Great Sioux Nation. The Allotment Act of 1888 allotted Indian lands into 160-acre lots to individuals to divide the nation. The Act of 1889 broke up the Great Sioux Nation into smaller reservations, the remainder of which exist today at about one half their original size in 1889 (Minisose Org., 2006) .

Many of the Lakota people began believed in the Ghost Dance experiences as the movement spread to the reservations. The U. S. Army feared the unity through prayer among the Tribes and ordered the arrest of Sitting Bull on the Standing Rock Reservation. In the process of the arrest Sitting Bull was shot by Indian Police on December 15, 1890 (Minisose Org., 2006).

The Hunkpapa who lived in Sitting Bull's camp and relatives fled to the south onto the Cheyenne River Reservation. They joined the Big Foot Band in Cherry Creek, South Dakota then traveled to the Pine Ridge reservation to meet with Chief Red Cloud. The 7th Cavalry caught them at a place called Wounded Knee on December 29, 1890. The 7th Cavalry took all the weapons from the Lakota people. The 7th Cavalry massacred 300 people at Wounded Knee and left the bodies to freeze in the snow. The people of the Great Sioux Nation slowly recovered from this injustice and continue to survive in their homeland (Minisose Org., 2006).

Cheyenne River Sioux Culture

The Great Sioux Nation is also called The Lakota/Dakota/Nakota Nation. The people of the Sioux Nation refer to themselves as Lakota or Dakota which means friend or ally. The United

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States government took the word Sioux from (Nadowesioux), which comes from a Chippewa (Ojibway) word which means little snake or enemy. The French traders and trappers who worked with the Chippewa( Ojibway) people shortened the word to Sioux (Minisose Org., 2006).

The Cheyenne River Sioux Tribe includes the Tribes of Plants by the River, No Bows, Blackfoot, and the Two Kettle of the Lakota Nation. The Lakota Nation includes Oglala, Brule, Hunkpapa, Blackfoot, Minnecoujou, No Bows and Two Kettle. The Lakotas speak an "L" dialect of Siouan language and were expert horsemen and buffalo hunters on the plains. The Yankton and Yanktonais are called the Wiceyala or Middle Sioux. Four bands of the Isanti, or Stone Knife People, including the Mdewankanton, Wahpetonwan, Wahpekute, and Sissetonwan comprise the Eastern Division of the Sioux Nation. The Yanktonias speak the "N" dialect and the Isanti speak the "D" dialect of Siouan language. The Yanktonais and the Isanti were a river- plains people who did some farming as well as buffalo hunting (Minisose Org., 2006).

Cheyenne River Sioux Economy

The major economic occupation on the Cheyenne River Reservation is cattle ranching and farming for a number of Tribal operators. The second largest business is the Tribally owned and managed Cheyenne River Telephone Authority which has a number of subsidiaries including cable TV, DBS Satellites, propane gas, office products and printing, and the Cheyenne River Super Market. The Tribe also operates a Super 8 motel, an irrigated farm, a hunting program for small game, big game, and waterfowl. The Tribe also manages large buffalo and elk herds for food and game production (Minisose Org., 2006).

Commercial business by private operators include a convenience store, gas stations, restaurants, laundromat, auto repair shop, a video arcade/fast food shop, and arts and handcrafts, and other service and commercial vendors (Minisose Org., 2006) The majority of employment is provided by the Cheyenne River Sioux Tribe, Cheyenne River Community College, Bureau of Indian Affairs, and the Indian Health Service.

There are plans underway to develop natural and cultural resources to preserve traditions and educate Tribal members and non-members, and strengthen the economy on the reservation. The Nation will continue to search for ways to maintain our culture and develop new economic opportunities for our future generations (Minisose Org., 2006).

Yankton Sioux Tribe

The Yankton Service Unit provides services to the Yankton Sioux Tribe, the Santee Sioux Tribe of Nebraska, and the Northern Ponca Tribe of Nebraska. The Santee Sioux Tribe of Nebraska, through tribal contract, operates the Santee Health Station which is detailed in the Tribally Operated Section of this Profile Book. The Northern Ponca Tribe of Nebraska also operates their health programs through tribal contract; however, three of the counties included in their Contract

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Health Services Delivery Area (CHSDA) are located within the Yankton Service Unit. Therefore, services for these Northern Ponca residing in these counties is provided by the Yankton Service Unit (Minisose Org., 2006).

The Yankton Sioux are the most populous tribe in the service unit. Although many of the Yankton refer to themselves as Dakota, they are actually a group of the Middle Sioux division also known as Nakota. There are also members of the Northern Ponca Tribe residing within the region as well as Santee Sioux. The governing body of the Yankton Sioux Tribe is the Tribal Business and Claims Committee. The committee is comprised of nine elected at large members. BIA estimates tribal membership at 5,700 (Minisose Org., 2006).

Three Affiliated of Fort Berthold Tribe

The United States Government as defined by the United States Constitution has governmental relationships with International, Tribal, and State entities. The tribal nations have a government- to-government relationship with the United States. The Tribes signed treaties in the 1800's with the United States which are the legal documents that established our boundaries and recognized our rights as a sovereign government (Minisose Org., 2006).

A reservation for the Three Affiliated Tribes of Fort Berthold lands was originally established under the Fort Laramie Treaty of 1851 and modified over the years resulting in the final establishment of the reservation by the Executive Order of April 12, 1870. The tribal government maintains jurisdiction within the boundaries of the reservation including all rights-of-way, waterways, water courses and streams running through any part of the reservation and to such other lands as may hereafter be added to the reservation under the laws of the United States (Minisose Org., 2006).

The tribal government operates under a constitution consistent with the Indian Reorganization Act of 1934 and a Business Council approved by the tribal membership of the Three Affiliated Tribes. The Business Council consists of a Chairman, Vice-Chairman, Secretary, Treasurer, and three additional Council members who are elected by the tribal members (Minisose Org., 2006).

The Chairman is the administrative head of the Tribe. The Chairman and the Officers serve a four-year term and are elected at large with the three members elected from their districts.

Three Affiliated of Fort Berthold History

The Fort Berthold reservation is home to three Tribes: the Mandan, Hidatsa, and Arikara. The Hidatsa and Mandan lived permanently in the present area since 1845. Prior to 1845, they lived in villages at the mouth of the Knife River. After their move to this area, they helped build and eventually settled around a fur trading post for the American Fur Company. The post was built on a bend of the Missouri called by the Tribes "Like-a-Fishook-Village." The Arikara later moved up the river and joined with Mandan and Hidatsa Tribes around 1862 (Minisose Org., 2006).

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The original reservation was established for the three Tribes by the Fort Laramie Treaty of 1851. A large tract of land was ceded by the Fort Berthold Agreement of 1866. In 1868 an Executive Order reduced the reservation by 98,645 acres. In 1870 an investigation showed that the Fort Laramie Treaty had never been ratified by Congress, therefore, no reservation existed for the three Tribes. An Executive Order of April 12, 1870, established a reservation that was much smaller than the area described in the Fort Laramie Treaty. In July 13, 1880, an Executive Order took that portion of the reservation required to fulfill a grant made by Congress to the Northern Pacific Railway. Additional acres and cedings brought the reservation down to about 1,000,000 acres and the external boundaries now recognized (Minisose Org., 2006).

On July 31, 1947, the history of the reservation was dramatically changed. Federal legislation was enacted that provided for the taking of reservation lands for the Garrison Reservoir. Thirty miles downstream from New Town, North Dakota is the Garrison Dam. Begun in 1946 and completed in 1956, the dam inundated 155,000 acres of prime agricultural land of the reservation. Not only did this federal project take many acres, it also disrupted tribal social and economic patterns. The reservoir, now known as Lake Sakakawea, divided the reservation into five segments now identified as districts. Communication between these segments is difficult because only one bridge at the northern end of the reservation crosses the lake. Central transportation is nonexistent. To reach the southern segment, one must travel over 100 miles around the lake. The overall infrastructure that was to replace the old fell short of tribal expectations and federal-tribal agreements (Minisose Org., 2006).

The Allotment Act of 1888 allotted Indian lands into 160-acre lots to adult male heads of household and 80 acre lots to adult males to further divide the nation. The Act and subsequent foreclosures due to illegal taxation and land sales and numerous Homestead Acts have further reduced individual and tribal land holdings on the reservation today to about one-half their original size prior to 1880 (Minisose Org., 2006).

Three Affiliated of Fort Berthold Culture

The tribal members are descendants of the Mandan, Hidatsa, and Arikara Nations. The Tribes were classified as plains Tribes but had developed a different culture from the neighboring Tribes in that they developed an agricultural livelihood and lived in permanent earthlodges. These earthlodges, ingenious architectural accomplishments, were constructed of wooden posts and beams surrounded by heavy packed earth (Minisose Org., 2006).

Social activities such as powwows, rodeos, and races were celebrated in the summer months. Special powwows are held for individuals who accomplished a stage in their lives such as graduation or acceptance in the armed forces with traditional honoring ceremonies, give aways, and feasts to celebrate the accomplishments. The oral tradition is still passed down from the elders to the youth (Minisose Org., 2006).

Three Affiliated of Fort Berthold Economy

The major economic occupation on the Fort Berthold Reservation is cattle ranching and farming for a number of tribal operators. Commercial business by private operators include convenience

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stores, gas stations, restaurants, laundromat, auto repair shop, a video arcade/fast food shop, and arts and handcrafts, and other service and commercial vendors.

The majority of employment is provided by the Three Affiliated Tribes, Fort Berthold Community College, Bureau of Indian Affairs, the Indian Health Service and Four Bears Casino and Lodge (Minisose Org., 2006). There are plans to develop natural and cultural resources to preserve and educate Tribal members and non-members. The development of tourism may strengthen the economy on the reservation. The Nation will continue to search for ways to maintain our culture and develop new economic opportunities for our future generations (Minisose Org., 2006).

Lower Brule Sioux Tribe

The United States Government as defined by the United States Constitution has governmental relationships with International, Tribal, and State entities. The Tribal nations have a government- to-government relationship with the United States. The Tribes of the Great Sioux Nation signed treaties in 1824, 1851, 1865 and 1868 with the United States which are the legal documents that established our boundaries and recognized our rights as sovereign governments (Minisose Org., 2006).

The Kul Wicasa Oyate or Lower Brule Sioux Tribe are a Tribe of the Sicangu, or Burned Thighs, named the Brule’ by the French traders in the days prior to diplomatic relations with the United States government. The Kul Wicasa Oyate was originally designated reservation lands along the Missouri River recognized in a treaty with the United States signed on October 14, 1865. The Lower Brule Sioux Tribe was further defined and the boundaries expanded by the Act of March 2, 1889 which identified all the reservations in present day North and South Dakota. This includes all right-of-way, waterways, watercourses and streams running through any part of the reservation and to such others lands as may hereafter be added to the reservation under the law of the United States. The original reservation was reduced to its present size by approximately 50 percent through subsequent Homestead Acts to provide land for non-Indian settlers (Minisose Org., 2006).

The Lower Brule Sioux Tribe operates under a constitution and a federal corporate charter consistent with the Indian Reorganization Act of June 18, 1934. The Tribal Council governs the Lower Brule Sioux Tribe. The Tribal Council consists of a Chairman, Vice-Chairman, a Secretary/Treasurer and three additional Council people all of whom are elected by the tribal membership (Minisose Org., 2006).

The Tribal Council Chairman serves as the administrative head of the Tribe. The Tribal Chairman, Officers and Council serve a term of two years at-large without regard to residence in any district. Over 90 percent of the population now live in the community and district known as Lower Brule. The construction of the Big Bend and Fort Randall dams on the Missouri River forced many families and the entire community of Lower Brule to completely relocate to higher ground. Prior to the inundation of lands along the Missouri River, the population was divided into four districts and represented as such on the Tribal Council. The districts are still referenced

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as geographic areas on the reservations, including Fort George, Iron Nation, Lower Brule, and Fort Hale (Minisose Org., 2006).

Lower Brule Sioux History

The Lower Brule Sioux Tribe is part of the Great Sioux Nation as the Kul Wicasa of the Sicangu Oyate. The Great Sioux Nation retains our land base in accordance with the Fort Laramie Treaty of 1851. At one time, The Great Sioux Nation extended from the Big Horn Mountains in the west to the west side of Wisconsin and from Canada in the North to the Republican River in the south. The Great Sioux Nation was reduced in the 1868 Fort Laramie Treaty from the Big Horn mountains in the west to the east bank of the Missouri River, including parts of North Dakota, Nebraska, Wyoming, and Montana. This includes all of western South Dakota in the middle of the treaty lands (Minisose Org., 2006).

The Black Hills are located in the center the Great Sioux Nation. The Black Hills are sacred to the Lakota/ Dakota people and today considered an important part of our spiritual lives. A direct violation of the 1868 Treaty was committed in 1874 by General George A. Custer and his 7th Cavalry. The 7th Cavalry entered the Black Hills, the center of the Great Sioux Nation and found gold in the Black Hills. The Gold Rush started the conflict between the United States and Great Sioux Nation. The Great Sioux Nation opposed this violation of the treaty. The United States Government wanted to buy or rent the Black Hills from the Lakota people. The Great Sioux Nation refused to sell or rent their sacred lands (Minisose Org., 2006).

The Great Sioux Nation scattered, some to Canada and others surrendered to the reservations. The United States Government demanded that the Lakota nation move to the reservations. The people finally surrendered after being cold and hungry and moved on the reservations. The government still insisted buying the Black Hills from the Lakota people. The Sioux (Lakota) Nation refused to sell their sacred lands. The United States Government introduced the Sell or Starve Bill or the Agreement of 1877, which illegally took the Black Hills from the Great Sioux Nation. The Lakota people starved but refused to sell their sacred land. The Allotment Act of 1887 allotted Indian lands into 160 acre tracts to individual heads of households and 80 acres to adult males which further divided the nation. The Act of 1889 broke up the Great Sioux Nation into smaller reservations, the remainder of which exist today at about one half their original size in 1889 (Minisose Org., 2006).

Lower Brule Sioux Culture

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Chippewa (Ojibway) word which means little snake or enemy. The French traders and trappers who worked with the Chippewa( Ojibway) people shortened the word to Sioux (Minisose Org., 2006).

The Lower Brule Sioux Tribe has always been known among the Lakota Nation as the Kul Wicasa Oyate and with the Rosebud Sioux Tribe, or Upper Brules composed the Sicangu Oyate, the Burned Thighs. The Lakota Nation or Great Sioux Nation includes the Oglala, Brule, Minnecoujou, Hunkpapa, Blackfeet, Without Bows and Two Kettle. The Lakotas speak an 'L' dialect of Siouan language and were expert horsemen and buffalo hunters on the plains. The Ihanktowan, or Yankton and Yanktonais are called the Wicayela or Middle Sioux. The Isanti people are comprised of four bands that lived on the eastern side of the Lakota/Dakota Nation. The Isanti and Ihanktowan speak the 'D' and ‘N’ dialect of Siouan language. Both were a river- plains people who did some farming as well as buffalo hunting (Minisose Org., 2006).

The government identified all the Tribes with similar languages as the Sioux people. The oral tradition of our people state that the Lakota and Dakota people were one nation. The Lakota people moved away and formed their own nation. The Lakota/Dakota people still practice their sacred and traditional ceremonies which encompass the seven rites of Lakota Nation brought by the White Buffalo Calf Woman (Minisose Org., 2006).

Social activities such as powwow, rodeos, and races are celebrated in the summer months. Special powwows held for an individual accomplishment, reaching a certain stage in their lives such as graduation or acceptance into the armed forces with traditional honoring ceremonies, give-aways, and feasts to celebrate their accomplishments. The oral tradition is still passed down from the elders to the youth (Minisose Org., 2006).

The future of the Kul Wicasa Oyate is directly related to the protection of our homelands and how well we enable our children to continue our cultural traditions and manage our resources in rebuilding our economy. We believe the children of the Kul Wicasa Oyate and the Lakota/Dakota Nation have the desire and the ability to survive, grow, and rebuild our Nation in the 21st century (Minisose Org., 2006).

Lower Brule Sioux Economy

The Lower Brule Sioux Tribe’s major economic occupation is cattle ranching and farming for 26 tribal operators. The Tribe operates two large irrigated farms, 5,900 acres under the Lower Brule Farm Corporation, a tribal construction enterprise, and guided hunting for small game, big game, and a goose camp operation. The Tribe also operates the Golden Buffalo Casino and Motel with a convention center, an RV Park, and a gas station. A recent tribal venture is the offering of tour packages on a daily and weekly basis including historical and cultural attractions for both national and global tourists from several countries (Minisose Org., 2006).

Commercial business by private operators include a convenience store, laundromat, and a video arcade/fast food shop, hunting/fishing guide service, arts and handcrafts, a small motel, and a branch of Norwest Ban (Minisose Org., 2006)k.

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The majority of employment is provided by the Lower Brule Sioux Tribe, the Golden Buffalo Casino, Bureau of Indian Affairs, and the Indian Health Service (Minisose Org., 2006).

The Tribe continues to explore means to expand the Lower Brule Farm Corporation through food and feed production. Planning and development are underway in Cultural Resources to preserve the resources and educate the Tribal members and non-members. The plans include the development of tourism to strengthen the economy on the reservation. The Lower Brule Sioux Tribe will continue to search for ways to maintain our culture and develop new economic opportunities for our future generations (Minisose Org., 2006).

Fort Peck Assiniboine and Sioux Tribe

The Assiniboine and Sioux Tribe lands were originally reduced to a reservation with defined boundaries by the Executive Order of 1888. The Tribal governments maintain jurisdiction within the boundaries of the reservation including all rights-of-way, waterways, watercourses and streams running through any part of the reservation and to such others lands as may hereafter be added to the reservation under the laws of the United States. The Tribal government operates under a constitution approved by the Tribal membership and Tribal Council of the Assiniboine and Sioux Tribes. The Tribal Council consists of a Chairman, Vice-Chairman, Secretary/Accountant, and a Sgt. At Arms. The Tribal Council Chairman is the administrative head of the Tribe and serves a two-year term The twelve member Tribal Council and officers are elected at large and serve a two year term (Minisose Org., 2006).

Fort Peck Assiniboine and Sioux History

Prior to the entry of the non-Indians into the present day Fort Peck Reservation area, the region had been occupied by several bands of Assiniboine Indians, and had generally been thought of by non-Indians as a very wild and unsettled area (Minisose Org., 2006).

The Assiniboines were in the larger region as early as the late 1600's. Western bands were visited by the Hudson’s Bay Company (HBC) explorer Henry Kelsey in the Saskatchewan River County in the 1690's, and already their seasonal round included forays as far south as the Missouri River. The area of the White Earth River, Poplar, and Milk River provided important wintering grounds, always rich enough in buffalo and other game animals to make the winter prosperous, without threats of starvation (Minisose Org., 2006).

The Assiniboine were veteran middlemen in the fur trades. The French-Canadian explorer, La Verendreye, accompanied a regular annual trade expedition by eastern Assiniboines to the Mandan Villages in 1731. As the Assiniboine gradually moved more and more of their population onto the prairies out of the woodlands, they continued to ally themselves with Crees,

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Chippewas, and Monsoni against the Sioux, Arikaras, Cheyennes, Blackfeet and Gros Ventres. The Assiniboines had previously been tied to the HBC trade, but gradually accepted the French peddlers from Quebec, who eventually became the Northwest Company, especially when HBC displaced Assiniboines as the canoemen for the journeys down to the Bay. The HBC also moved to set up inland posts in response to the competition, and the Assiniboine became adept at playing one company against the other. As early as the 1770's independent traders, some out of Spanish St. Louis, began operating in the Mandan Village, the major intertribal trade center on the northern plains since long before the 1730's. The Assiniboines were pragmatists, who saw these villages where the trade fairs operated as a resource to be exploited. The Assiniboines sometimes attacked the merchants, the Mandan themselves, and their clients (other northern plains tribes); at other times, they suspended the warfare with pipes in order to trade themselves. The competition for access to the villages and the overall flow of goods became the focus of Assiniboines attention crucial to their own position in the region. Thereby the Assiniboines attempted to control the lands between the HBC and NWC posts on the Assiniboine River and the Mandan Villages, predominantly the Souris River Valley (Minisose Org., 2006).

This presence was successful, but smallpox in 1780/81 and again in 1800/03 began to undermine physically the hold the Assinboines were able to maintain. By the 1790's, Assiniboines already realized that their western wintering grounds were to be the next regions into which the European trade would expand. The Lewis and Clark expedition (1803-04) provided information that was of primary use to St. Louis trading companies, traders whose eyes turned westward. Initial attempts to extend trade to the Blackfeet failed mostly because of hatred engendered among the Blackfeet by the Lewis and Clark expedition which killed several Blackfeet. Extending forts above Fort Clark in the Mandan Villages, especially to the confluence of the Missouri and Yellowstone, became a goal which took almost 15 years to accomplish (Minisose Org., 2006).

In 1826, an agent for the upper Missouri River Peter Wilson signed many of the first treaties with upper Missouri groups, one of which was the Assiniboines, who had come in to trade at the Mandan Villages. One year later, James Kipp built a post at the mouth of the White Earth River to trade specifically with Assiniboines. The next year the newly formed American Fur Company began building Fort Union at the confluence of the two great rivers, also to trade with the Assiniboine (Minisose Org., 2006).

Fort Union became the major institution serving the Assiniboines for the next four decades. Assiniboine bands became fur and hide producers and roamed the regions between the Saskatchewan River to the north, Missouri River branch lands to the south, the Cypress Hills and Milk River to the west, and the White Earth River to the east (Minisose Org., 2006).

There was little or no non-Indian presence in the region other than what coalesced around fur trade posts. The coming of steamboats, railroad surveys, and eventual gold discoveries initiated migration of non-Indians. In 1851, representatives of Assiniboines and some bands of Sioux gathered at Fort Laramie Treaty Council and boundaries for lands were delineated between the Tribes present and chiefs were named. The present day lands of the Fort Peck Reservation were included in the Assiniboine lands as outlined in the Fort Laramie Treaty. Four years later the government railroad survey expedition of the Washington Territorial Governor, Isaac Stevens,

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met at Fort Benton and designated the entire tier of present day northern Montana the "Blackfeet Hunting Ground," for the Blackfeet and other Indians. Gros Ventres were present, but Assiniboines were not. These overlapping designated jurisdictions between the treaties remained unresolved for many years (Minisose Org., 2006).

Throughout the 1850's Indian agents to the upper Missouri operated out of Fort Union. In August 1857, Assiniboines helped defend Fort Union against attack by a war party composed of various Teton Sioux. At this time, various camping bands of Sioux also began entering the region (predominantly Hunkpapa, Minniconjou, Black Kettle and Sans Arc), but most only remained seasonally. By 1860, the Sioux lingered more and more as game became depleted in the Dakotas (Minisose Org., 2006).

In 1862, the "Great Sioux Uprising" in Minnesota resulted in the flight of eastern Sioux refugees from the fighting and possible retaliation. As assortment of Sisseton and Wahpeton under the Sisseton headman, Standing Buffalo, traveled into Manitoba then southwest into the area of the Missouri-Yellowstone confluence by 1864/65. Several Assiniboine bands agreed to take in the refugees acting as middlemen with the agent and traders, and some intermarriage sealed a bond between groups (Minisose Org., 2006).

U.S. Peace Commissioners to the Northern Plains visited the Sioux as well as the Assiniboine. On the steamboat Ben Johnson in July 1866, in the vicinity of Fort Union, representatives came in to meet the Commissioners. From the Assiniboine, the government representatives sought permission for a military post to protect river traffic, but from the Sioux in the region, promises not to harass new Indians in the region. Even before the negotiations were settled, the army began erecting Fort Buford (Minisose Org., 2006).

Warfare between Teton Sioux bands and the U.S. evolved into the Great Sioux War, fought mostly in the Powder River country to the south of the Yellowstone. The Bozeman trail forts were removed as a stipulation of the second Fort Laramie Treaty of 1868. The Sioux victory in this conflict delineated the boundary of the Great Sioux Reservation, established agencies, and guaranteed annuities to all Teton and Yanktons. The Sioux bands within the lands of the Milk River Agency, however, had expanded their hunting grounds north and west as a part of the military assertiveness that accompanied the Great Sioux War. As a result, none of these peripheral groups wanted to go to agencies in the southeast for their (in Dakota Territory) annuities. They wanted rations in the region in which they had come to reside, and could not see what the difficulty of this was (Minisose Org., 2006).

During the Great Sioux War (1866-1868), the numbers of Yanktonai-Yankton and Teton in the Red Water and Powder River country south of the Missouri increased.

In 1868, agencies were established for Blackfeet on the Teton River and all others in the east part of the Blackfeet Hunting Ground were placed under the jurisdiction of Milk River Agency. During this same time Yanktonai Sioux regularly came to Fort Buford asking for annuities. The distributions grew problematic, however, as more and more different groups of Sioux were referred to Milk River Agency and tried to edge themselves into a position to receive rations (Minisose Org., 2006).

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This is the period in which Assiniboines attempted to broker access for Sioux willing to meet their conditions. At this same time, some Assiniboines returned the Flat Pipe to the Gros Ventres which they had captured in war, and the alliance which resulted bound Upper Assiniboines to their former enemies. One report indicated that Assiniboines gave women at the time the alliance was formed access to the horses of the Gros Ventres kinsmen, the Arapaho. This is the same time in which Swing Thigh’s Yanktonais and more of the Sisseton Wahpeton became intermarried with several Assiniboine bands. These alliances represented the results of so many different Indians being within a single agency’s jurisdiction, each competing for attention and favor. By the Spring of 1871, 500 lodges of Sioux were competing with the other resident Assiniboines, Gros Ventres, and River Crow already under the jurisdiction of Milk River Agency. Badgered by the Yanktonai into warfare with Upper Assiniboine bands, Standing Buffalo was killed in 1871; a portion of his followers migrated on into Canada, while some stayed among the Assiniboine. Since most of the Sioux would not leave, the annuities available were not enough to go around. The Superintendent of Indian Affairs for Montana requested that a delegation of Sioux be sent to Washington for the purpose of effecting their removal from the Agency’s jurisdiction. In June of 1872, Agent Simmons took his Sioux delegation down the Missouri and off to Washington (Minisose Org., 2006).

Before departing, Simmons was able to initiate the move of part of his charges to a new agency at Fort Peck, with others sent to a sub-agency at Fort Belknap, abandoning Fort Browning, which had been the location of the Milk River Agency (outside present day Chinook, Montana). a total of 8,412 individuals were relocated to the vicinity of Fort Peck Agency, and 5,089 to Fort Belknap (Minisose Org., 2006).

The new Fort Peck Indian Agency consequently was established in 1871 to serve the Assiniboine and Sioux Indians. The Agency was located within the old stockade of Fort Peck, purchased from traders Durfee and Peck. The fate of the Indian people within the Agency with little ability to protect its charges, however, was evidenced in the atrocities by non-Indians against Indians. In the Cypress Hills in 1873 forty lodges of Assiniboine were massacred by wold and hide hunters. Although the action was condemned, the massacre’s perpetrators were never tried. This created an atmosphere in which Indians, other than in occasional war parties set against their traditional Indian enemies, kept close to their agencies. In 1878, the Fort Peck Agency was relocated to its present day location in Poplar because the original agency was located on a flood plain, suffering floods each spring (Minisose Org., 2006).

Attempts by the U.S. Government to take the Black Hills and bind the Sioux to agencies along the Missouri in the 1820's resulted in warfare, reopening the issues that had been central to the Great Sioux War (1866-68). As part of the Sioux agreed to come into the agencies, part chose to resist. Army efforts to bring in the other Sioux (characterized as "hostiles") led to battles in the Rosebud country, and culminated in the Battle of the Little Bighorn in 1876. As the victors dispersed, Sitting Bull led followers north into the Red Water country, where contact with the Sioux of Fort Peck Agency kept the Hunkpapas and assorted Tetons supplied. When military pressure increased, Sitting Bull led most of his followers into Canada in 1877. The military presence increased in an effort to induce Sitting Bull to surrender. Camp Poplar (located at Fort Peck Agency) was established in 1880. Finally, without supplies and barely tolerated by Indians in the area of present day southern Saskatchewan, Sitting Bull came in to surrender at Fort

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Buford on July 19, 1881. Some of his Hunkpapas stragglers intermarried with others at Fort Peck and resided in the Chelsea community (Minisose Org., 2006).

The early 1880's brought many changes and much suffering. By 1881, all the buffalo were gone from the region. By 1883/84, over 300 Assiniboines died of starvation at the Wolf Point sub- agency when medical attention and food were in short supply. Rations were not sufficient for needs, and suffering reservation-wide was exasperated by particularly severe winters. The early reservation traumas were complicated by frequent changes in agents, few improvements in services, and a difficult existence for the agency’s Tribes. Negotiations the winter of 1886-87 and ratified in the Act of May 1, 1888, established modern boundaries (Minisose Org., 2006).

Also in 1887, Congress passed the Dawes Act, which provided the general legislation for dividing the hitherto tribally-owned Indian reservations into parcels of land to be given to individuals. During the turn of the century, as the non-Indian proceeded to inhabit the boundary areas of the Reservation, the prime grazing and farmland areas situated within the Reservation drew their attention. As more and more homesteaders moved into the surrounding area, pressure was placed on Congress to open up the Fort Peck Reservation to homesteading. Finally, the Congressional Act of May 30, 1908, commonly known as the Fort Peck Allotment Act, was passed. The Act called for the survey and allotment of lands now embraced by the Fort Peck Indian Reservation and the sale and dispersal of all the surplus lands after allotment. Each eligible Indian was to receive 320 acres of grazing land in addition to some timber and irrigable land. Parcels of land were also withheld for Agency, school and church use. Also, land was reserved for use by the Great Northern (Burlington Northern) Railroad. All lands not allotted or reserved were declared surplus and were ready to be disposed of under the general provisions of the homestead, desert land, mineral and townsite laws. In 1913, approximately 1,348,408 acres of unallotted or tribal unreserved lands were available for settlement by the non-Indian homesteaders (Minisose Org., 2006).

Although provisions were made to sell the remaining land not disposed of in the first five years, it was never completed. Several additional allotments were made before the 1930's.

Educational history on the Reservation includes a government boarding school program which was begun in 1877 and finally discontinued in the 1920's. Missionary schools were run periodically by the Mormons and Presbyterians in the first decades of the 20th century, but with minimal success. The Fort Peck Reservation is served by five public school districts, which are responsible for elementary and secondary education. In addition, two independent post- secondary institutions are located on the Reservation: Fort Peck Community College, which offers courses of study leading to an Associate of Arts/Science degree in General Studies, and NAES College, which offers a Bachelor’s degree in Community Studies (Minisose Org., 2006).

Fort Peck Assiniboine and Sioux Culture

The Great Sioux Nation is also called The Lakota/Dakota/Nakoda Nation. The people of the Sioux Nation refer to themselves as Lakota or Dakota which means friend or ally. The United States government took the word Sioux from (Nadowesioux), which comes from a Chippewa

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(Ojibway) word which means little snake or enemy. The French traders and trappers who worked with the Chippewa (Ojibway) people shortened the word to Sioux (Minisose Org., 2006).

The Assiniboine and Sioux Tribe includes descendants of seven bands. Fort Peck Reservation is home to two separate Indian nations, each composed of numerous bands and divisions. The Sioux divisions of Sisseton/Wahpetons, the Yantonais, and the Teton Hunkpapa are all represented. The Assiniboine bands of Canoe Paddler and Red Button are represented and practice their culture and religion. The Sioux Tribes include the bands of Yankton, Yanktonias, Hunkpapa, Cutheads, and Oglalas (who later joined the Tribe).The government identified all the Tribes with similar languages as the Sioux people. The oral tradition of the Sioux people state that the Lakota, Nakota, and Dakota people were one nation. The Lakota people broke away and formed their own nations. The Lakota/Dakota/Nakota people still practice their sacred and traditional ceremonies which encompass the seven rites of Nation brought by the White Buffalo Calf Woman (Minisose Org., 2006).

Fort Peck Tribes adopted their first written constitution in 1927. The Tribes voted to reject a new constitution under the Indian Reorganization Act in 1934. The original constitution was amended in 1952, and completely rewritten and adopted in 1960. The present constitution remains one of the few modern tribal constitutions that still includes provisions of general councils, the traditional type of government (Minisose Org., 2006).

Fort Peck Assiniboine and Sioux Economy

The major economic occupation on the Fort Peck Reservation is cattle ranching and farming for a number of Tribal operators. Commercial business by private operators include a convenience store, gas stations, restaurants, laundromat, auto repair shop, a video arcade/fast food shop, and arts and handcrafts, and other service and commercial vendors. The majority of employment is provided by the Assiniboine and Sioux Tribes, Fort Peck Community College, Bureau of Indian Affairs, and the Indian Health Service (Minisose Org., 2006).

Since the 1950s the Fort Peck Tribes have undertaken extensive industrial and mineral development. The tribally owned Assiniboine and Sioux Tribal Industries (ASTI) is the largest private employer in Montana. Fort Peck was the first of the United States Tribes to develop jointly and wholly-owned oil wells (Minisose Org., 2006).

Education is a high priority for the Fort Peck Tribes with a tribally-operated Headstart program, a tribal scholarship program and Fort Peck Community College and NAES (Native American Education Service) College. FPCC offers course work in areas leading to an Associate of Arts and Technical degrees, while NAES College offers one of the best tribal studies programs in the United States, leading to a baccalaureate degree (Minisose Org., 2006).

The Assiniboine and Sioux Tribes desire to continue their progress in providing for our people and the development of increased self-sufficiency. There are plans to develop natural and cultural resources to preserve, educate, our people and non-Indian people and also to strengthen the economy on the reservation. The Nation will continue to search for ways to maintain our

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culture and develop new economic opportunities, such as tourism for our future generations (Minisose Org., 2006).

Problems with water quality and inadequate supply are common throughout the reservation. This condition has a detrimental effect on health and quality of life as well as deterring economic growth. The availability of a plentiful and high quality water supply is vital to the health and well being of the people living on the Fort Peck Reservation. The level health and quality of life of the general population is directly related to the quality of their domestic water supply. Many residents currently depend on poorly constructed or low capacity individual wells. These sources are often contaminated with bacteria or undesirable minerals, provide an inadequate quantity of water, and are costly to maintain and operate. Many people wish to return to their family lands or relocate to rural areas to raise their families but are limited by the unavailability of water (Minisose Org., 2006).

Agriculture is the primary industry on the Fort Peck Reservation and the key to the full development of this industry is water. Surface water in small streams, lakes, and dugouts is scattered throughout the area. Surface water, however, is a unreliable year-round supply and generally available only during the wet periods of spring. During drought periods, these sources often dry up, and livestock must be sold or moved off the reservation. Shallow groundwater is scarce and unreliable and deep groundwater, while generally more plentiful, is highly mineralized and of poor quality. This lack of an adequate water supply has also reduced the livestock production on the reservation. The grazing lands cannot be fully utilized and valuable resource is wasted. The lack of stability in the production of feeder-cattle also discourages related industrial development such as cattle feeding, packing plants, and other value added industries (Minisose Org., 2006).

Crow Creek Sioux Tribe

The United States Government as defined by the United States Constitution has governmental relationships with International, Tribal, and State entities; therefore, Tribal nations have a government-to-government relationship with the United States. The Tribes of the Great Sioux Nation signed treaties in 1824, 1851, 1863 and 1868 with the United States which are the legal documents that established our boundaries and recognized our rights as a sovereign government (Minisose Org., 2006).

The Crow Creek Sioux Tribe consists of the members of the Isanti and Ihanktowan divisions of the Great Sioux Nation. The Tribe was relocated to the reservation after Little Crow’s War in Minnesota originally designated reservation lands along the Missouri River recognized in a treaty with the United States was signed in 1863. The Crow Creek Sioux Tribe was further defined and the boundaries expanded by the Act of March 2, 1889 which identified all the reservations in present day North and South Dakota. This includes all right-of-way, waterways, watercourses and streams running through any part of the reservation and to such others lands as may hereafter be added to the reservation under the law of the United States. The original reservation was reduced to its present size by approximately 50 percent through subsequent Homestead Acts to provide land for non-Indian settlers (Minisose Org., 2006).

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The Crow Creek Sioux Tribe operates under a constitution and is governed by a Tribal Council. The Tribal Council consists of a Chairman, Vice-Chairman, Secretary/Treasurer and four additional Councilmen which are elected by the tribal members. The Tribal Council Chairman serves as the administrative head of the tribal government. The Tribal Chairman, Officers and Council serve a term of two years. One Council member is elected from two districts, Big Bend and Crow Creek, and two are elected from the largest district. The majority of the population now lives in the community and district known as Fort Thompson (Minisose Org., 2006).

Crow Creek Sioux History

The Crow Creek Sioux Tribe is part of the Great Sioux Nation which retains our land base in accordance with Treaties in the mid 1800's which identified lands in eastern South Dakota and Minnesota. The Treaty of 1863 established the original land base along the Missouri River. The reservation was increased in size in the 1889 Act referred to as the Great Sioux Settlement. At one time The Great Sioux Nation extended from the Big Horn Mountains in the west to the east side of Minnesota. Canada is the northern boundary and the Platte River in the southern boundary. The eastern land holdings of the Dakota and Nakota were subsequently reduced by Homestead Acts, other Congressional action, and the courts. The Great Sioux Nation total land ownership was further reduced in the 1868 Fort Laramie Treaty to the east side of the Missouri River and parts of North Dakota, Nebraska, Wyoming, and Montana. This includes all of western South Dakota in the middle of the treaty lands. Crow Creek retained land on the east side of the Missouri River. The present day tribal lands are about one half of the original reservation due to Homestead Acts allowing white settlers to locate within the reservation boundaries (Minisose Org., 2006).

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Crow Creek Sioux Culture

The Crow Creek Sioux are members of the Great Sioux Nation. The people of the Sioux Nation refer to themselves as Lakota/Dakota which means friend or ally. The United States government took the word Sioux from (Nadowesioux), which comes from a Chippewa (Ojibway) word which means little snake or enemy. The French traders and trappers who worked with the Chippewa( Ojibway) people shortened the word to Sioux.

The Crow Creek Sioux Tribe is composed of descendants of two Divisions of Dakota and Nakota people. The Ihanktowan, or Yankton and Yanktonais are called the Middle Sioux. The Isanti or Dakota people are comprised of four bands that lived on the eastern side of the Dakota Nation. The Isanti and Ihanktowan speak the 'D' and ‘N’ dialect of Siouan language. Both were a river-plains people who did some farming as well as buffalo hunting (Minisose Org., 2006).

The government identified all the Tribes with similar languages as the Sioux people. The oral tradition of our people state that the Lakota and Dakota people were one nation. The Lakota people broke away and formed their own nation. The Lakota/Dakota people still practice their sacred and traditional ceremonies which encompass the seven rites of Lakota Nation brought by the White Buffalo Calf Woman (Minisose Org., 2006).

Social activities such as powwow, rodeos, and races are celebrated in the summer months. Special powwows held for individuals who accomplished a stage in their lives such as graduation or acceptance in the arm forces with traditional honoring ceremonies, give-aways, and feasts to celebrate their accomplishments. The oral tradition is still passed down from the elders to the youth (Minisose Org., 2006).

The future of our people is in the hands of our children. The children of the Crow Creek Sioux Tribe will bring us into the 21st century with pride and dignity (Minisose Org., 2006).

Crow Creek Sioux Economy

The Crow Creek Sioux Tribe’s major economic occupation is cattle ranching and farming for 20 tribal operators. The Tribe operates a large irrigated farm under the Big Bend Farm Corporation,

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guided hunting for small game, big game, and a goose camp operation. The Tribe also operates the Lode Star Casino and liquor store (Minisose Org., 2006).

Commercial business by private operators include a convenience store, laundromat, and a video arcade/fast food shop, hunting/fishing guide service, arts and handcrafts, and a small motel (Minisose Org., 2006).

The majority of employment is provided by the Crow Creek Sioux Tribe, Lode Star Casino, Bureau of Indian Affairs, and the Indian Health Service (Minisose Org., 2006).

The Tribe continues to explore means to expand the Tribal Farm operation and other business development initiatives. There are plans to develop cultural resources to preserve and educate Tribal members and non-members. The development tourism will strengthen the economy on the reservation. The Crow Creek Sioux Tribe will continue to search for ways to maintain our culture and develop new economic opportunities for our future generations (Minisose Org., 2006).

Flandreau Santee Sioux Tribe

The United States Government as defined by the United States Constitution has governmental relationships with International, Tribal, and State entities. The Tribal nations have a government- to-government relationship with the United States. The Tribes of the Great Sioux Nation signed treaties in the 1800's with the United States, which are the legal documents that established our boundaries and recognized our rights as a sovereign government (Minisose Org., 2006).

The Flandreau Santee Sioux Tribe is a member of the Isanti division of the Great Dakota (Sioux) Nation. Many of the Tribal members were relocated to the reservation after Little Crow’s War in Minnesota. The Tribe was originally designated lands in present day Minnesota, North and South Dakota recognized in treaties with the United States. The current reservation is in South Dakota and was established under the Indian Reorganization Act of 1934. The Tribe claims jurisdiction over all right-of-way, waterways, watercourses and streams running through any part of the reservation and to such others lands as may hereafter be added to the reservation under the laws of the United States (Minisose Org., 2006).

The Flandreau Santee Sioux Tribe operates under a constitution and is governed by an Executive Committee, known as the Tribal Council. The Tribal Council consists of a President, Vice- President, Secretary, and 4 additional Trustees who are elected by the tribal members. A Tribal Treasurer is appointed (Minisose Org., 2006).

The Tribal President serves as the administrative head of the Tribe. The Tribal President, Officers and Trustees serve a term of 4 years and are elected from the reservation. An Executive Committee elected by general council who are all qualified tribal voters governs the Tribe, each even numbered year. The majority of the population lives in the community on trust land in Flandreau, SD. (Minisose Org., 2006).

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Flandreau Santee Sioux History

The Flandreau Santee Sioux Tribe, descendant of the Mdewakantonwan of the Great Dakota Nation which signed the 1805, 1851, 1858, 1863, and 1868 treaties with the U.S. government. At one time, The Great Dakota Nation extended from the Big Horn Mountains in the West to the west side of Wisconsin in the East. The Isanti Division is composed of four bands: Mdewakantonwan, Wahpetowan, Wahpekute, and Sissetowan. The Dakota inhabited the eastern part of the Nation in what is now Minnesota, Wisconsin, Iowa, North Dakota, and South Dakota (Minisose Org., 2006).

The Black Hills are located in the center the Great Sioux Nation. The Black Hills are sacred to the Lakota/ Dakota people and today are considered an important part of our spiritual lives. A direct violation of the 1868 Treaty was committed in 1874 by General George A. Custer and his 7th Cavalry. The 7th Cavalry entered the Black Hills and found gold in the Black Hills. The Gold Rush started the conflict between the United States and Great Dakota Nation. The Great Dakota Nation opposed this violation of the treaty. The United States Government wanted to buy or rent the Black Hills from the Lakota people. The Great Dakota Nation has refused to sell or rent their sacred lands (Minisose Org., 2006).

After Little Crow’s War in Minnesota in 1862, many of the Isanti people were scattered across the western parts of the Nation and Canada to escape persecution and live life in peace. Others shared a different fate as 38 men were hung in Mankato, Minnesota as punishment for the uprising. The remainder of the 300 were imprisoned. The rest of the 1,200 survivors were rounded up and relocated to Fort Thompson and present-day Niobrara, Nebraska. Some of the Isanti moved to Fort Totten, North Dakota and Flandreau, South Dakota while the remainder live on the Sisseton-Wahpeton Reservation in northeastern South Dakota (Minisose Org., 2006).

The 7th Cavalry under General George A. Custer was requested to bring the Sioux bands in and place them on the reservation lands. On June 25, 1876, the Battle of the Little Big Horn took place at Greasy Grass, Montana between the 7th Cavalry and Lakota Nation with their allies the Cheyenne and Arapahos. The Dakota Nation won a victory over General George A. Custer and his 7th Cavalry (Minisose Org., 2006).

The Great Dakota Nation scattered, some to Canada and others surrendered to the reservations. The United States Government demanded that the Dakota nation move to the reservations. The Allotment Act of 1887 allotted Indian lands in 160 acre lots to adult male heads of household and 80 acre lots to adult males to further divide the nation. The Act of 1889 broke up the Great Dakota Nation into smaller reservations, the remainder of which exist today at about one half their original size in 1889 (Minisose Org., 2006).

The Flandreau Santee Sioux Tribe is a survivors of the wars and were granted trust status for their present reservation land under the authority of the Indian Reorganization Act of 1934.

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Flandreau Santee Sioux Culture

The Isanti Dakota are members of the Great Dakota (Sioux) Nation and refer to themselves as Dakota which means friend or ally. The United States government took the word Sioux from (Nadowesioux), which comes from a Chippewa (Ojibway) word which means little snake or enemy. The French traders and trappers who worked with the Chippewa( Ojibway) people shortened the word to Sioux (Minisose Org., 2006).

The Tribe is composed of descendants of the Isanti people. The Isanti is comprised of four bands (Mdewakanton, Wahpetowan, Wahpekute, and Sissetowan) that lived on the eastern side of the Great Sioux Nation. The Isanti speak the 'D' dialect of Siouan language. They were a river-plains people who did some farming as well as buffalo hunting. The Tribe consists mainly of descendants of the Mdewakanton band (Minisose Org., 2006).

The oral tradition of our people relates that the Lakota and Dakota people were one nation. The Lakota people moved frequently and live in the west. The Dakota people still practice their sacred and traditional ceremonies which encompass the seven rites of Dakota Nation brought by the White Buffalo Calf Woman (Minisose Org., 2006).

The Flandreau Santee Sioux Reservation is located near Pipestone National Monument, the source of the stone used to make the sacred pipe for prayer, healing and ceremonies. This is a sacred site to all the Dakota Nation as it is the blood of our people remaining after a great flood at the change of one of the ages of Mother Earth. The area is protected from unauthorized removal of pipestone and desecration by the Tribal and the federal governments (Minisose Org., 2006).

Social activities such as powwow, rodeos, and races are celebrated in the summer months. Special powwows are held for individuals who reached a certain stage in their lives such as graduation or acceptance into the armed forces with traditional honoring ceremonies, give aways, and feasts to celebrate their accomplishments. The oral tradition is still passed down from the elders to the youth (Minisose Org., 2006).

The future of our people is in the hands of our children and our ability to sufficiently enable them to protection our resources, restore our economy and govern ourselves. The children of the Great Sioux Nation will bring us into the 21st century with pride (Minisose Org., 2006).

Flandreau Santee Sioux Economy

The major employers on the Flandreau Santee Sioux reservation are Tribal administration, Tribal health care, education and Tribal Casino operations. In addition to Tribal government and services, the Tribe also operates the Royal River Casino and bingo, motel, gas station/convenience store, and a bowling alley. Commercial business by private operators include artists skilled in painting and handcrafts, musicians, and a recording studio. Other major employment is provided by the Bureau of Indian Affairs, Flandreau Indian School (Minisose Org., 2006).

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There are plans underway to develop human and cultural resources to preserve traditions and educate Tribal members and non-members, and strengthen the economy on the reservation. The Tribe will continue to search for ways to maintain our culture and develop new economic opportunities for our future generationsMinisose Org., 2006).

Sisseton-Wahpeton Sioux Tribe

The Sisseton-Wahpeton Sioux Tribe is a member of the Sissitowan division of the Great Sioux Nation. Many of the Tribal members were relocated to the reservation after Little Crow’s War in Minnesota. The Tribe was originally designated lands in present day Minnesota, North and South Dakota recognized in treaties with the United States. The current reservation is in South Dakota except for a small portion in North Dakota. The Tribe claims jurisdiction over all right-of-way, waterways, watercourses and streams running through any part of the reservation and to such others lands as may hereafter be added to the reservation under the laws of the United States. The original reservation was greatly reduced to its present size through subsequent Homestead Acts to provide land for non-Indian settlers (Minisose Org., 2006).

The Sisseton-Wahpeton Sioux Tribe operates under a constitution and is governed by a Tribal Council. The Tribal Council consists of a Chairman, Vice-Chairman, Secretary, and Treasurer and additional Council people who are elected by the tribal members (Minisose Org., 2006).

The Tribal Council Chairman serves as the administrative head of the Tribe. The Tribal Chairman, Officers and Council serve a term of two years. One Council member is elected from each district. The majority of the population now live in the community and district known as Old Agency Village (Minisose Org., 2006).

Sisseton-Wahpeton Sioux History

The Sisseton-Wahpeton Sioux Tribe is part of the Great Sioux Nation which recognizes our land base in accordance with the 1805, 1851, 1858, 1865, and 1868 treaties with the U.S. government. At one time The Great Sioux Nation extended from the Big Horn Mountains in the west to the west side of Wisconsin. The Isanti Division is composed of four bands: Mdewakanton, Wahpetowan, Wahpekute, and Sissetowan. The Dakota inhabited the eastern part of the Nation in what is now Minnesota, Wisconsin, Iowa, North Dakota, and South Dakota (Minisose Org., 2006).

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Rush started the conflict between the United States and Great Sioux Nation. The Great Sioux Nation opposed this violation of the treaty. The United States Government wanted to buy or rent the Black Hills from the Lakota people. The Great Sioux Nation has refused to sell or rent their sacred lands (Minisose Org., 2006).

After Little Crow’s War in Minnesota in 1862, many of the Isanti people were scattered across the western parts of the Nation and Canada to escape persecution and live life in peace. Others shared a different fate as 38 men were hung in Mankato, Minnesota as punishment for the uprising. The remainder of the 300 were imprisoned. The rest of the survivors were rounded up and relocated to Fort Thompson and present-day Niobrara, Nebraska. Some of the Isanti moved to Fort Totten, North Dakota and Flandreau, South Dakota while the remainder live on the Sisseton-Wahpeton Reservation in northeastern South Dakota (Minisose Org., 2006).

The 7th Cavalry under General George A. Custer was requested to bring the Sioux bands in and place them on the reservation lands. On June 25, 1876, the Battle of the Little Big Horn took place at Greasy Grass, Montana between the 7th Cavalry and Lakota Nation with their allies the Cheyenne and Araphoes. The Sioux Nation won a victory over General George A. Custer and his 7th Cavalry(Minisose Org., 2006).

The Great Sioux Nation scattered, some to Canada and others surrendered to the reservations. The United States Government demanded that the Dakota nation move to the reservations. The Allotment Act of 1887 allotted Indian lands in 160 acre lots to adult male heads of household and 80 acre lots to adult males to further divide the nation (Minisose Org., 2006).

The Act of 1889 broke up the Great Sioux Nation into smaller reservations, the remainder of which exist today at about one half their original size in 1889 (Minisose Org., 2006).

Sisseton-Wahpeton Sioux Culture

The Sisseton-Wahpeton Dakota are members of the Great Sioux Nation. The people of the Sioux Nation refer to themselves as Dakota which means friend or ally. The United States government took the word Sioux from (Nadowesioux), which comes from a Chippewa (Ojibway) word which means little snake or enemy. The French traders and trappers who worked with the Chippewa( Ojibway) people shortened the word to Sioux (Minisose Org., 2006).

The Sisseton-Wahpeton Sioux Tribe is composed of descendants of the Isanti people. The Isanti is comprised of four bands that lived on the eastern side of the Great Sioux Nation. The Isanti speak the 'D' dialect of Siouan language. Both were a river-plains people who did some farming as well as buffalo hunting (Minisose Org., 2006).

The government identified all the Tribes with similar languages as the Sioux people. The oral tradition of our people relates that the Lakota and Dakota people were one nation. The Lakota people moved frequently and live in the west, forming their own nation (Minisose Org., 2006).

D-28 APPENDIX D

Sisseton-Wahpeton Sioux Economy

Commercial business by private operators include: a convenience store, laundromat, auto repair shop, a video arcade/fast food shop, and arts and handcrafts.

The majority of employment is provided by the Sisseton-Wahpeton Sioux Tribe, Sisseton- Wahpeton Community College, Dakota Sioux Casino, Bureau of Indian Affairs, and the Indian Health Service.

Provided by the Indian Health Service at the Health Center Clinic and the Tribal Health Department Community Health Representative and Ambulance Service. The Health Department also provides examinations and eyeglasses to all residents at reduced rates (Minisose Org., 2006).

The Sisseton-Wahpeton Sioux Tribe desires to continue their progress in providing for the people and the development of increased self-sufficiency. There are plans to develop natural and cultural resources to preserve, educate, and strengthen the economy on the reservation. The Tribe will continue to search for ways to maintain our culture and develop new economic opportunities for our future generations (Minisose Org., 2006).

V. Resources • Minisose Organization (2006) Retrieved December, 2006, from Website www.mnisose.org/profiles • Getches, David H., Rosenfelt, Daniel M., and Wilkinson, Charles F. Federal Indian Law, 1997.

D-29 APPENDIX E MODULE 5 – ISSUES FACING TRIBAL GOVERNMENTS APPENDIX E

Module 5

I. Topic: Issues Facing Tribal Governments

III. Learning Objectives. Issues Facing Tribal Governments will review a sample of the issues and problems facing the tribes from both a historic and present viewpoint. Included will be census data, enrollment numbers, land base, etc. • Participants will learn the current conditions affecting tribes.

IV. Content.5 This module discuses U.S. Census Bureau data for the entire American Indian population and some of the unique issues this ethnic group faces. Along the Missouri River, tribal governments also face many unique economic and government issues.

Issues facing Main- Stem Tribal Governments

U.S Census Bureau statistics for 2000 showed that the United States population on April 1, 2000, was 281.4 million. Of the total, 4,119,301 (or 1.5 %) persons indicated their race, alone or in combination, as American Indian and Alaska Native (AIAN). The term “American Indian and Alaska Native” refers to people having origins in any of the original peoples of North and South American (including Central America) and who maintain tribal affiliation or community attachment. It includes people who reported “American Indian and Alaska Native” or wrote in their principal or enrolled tribe (U.S. Census Bureau, 2000).

The American Indian population increased faster than the total population between 1990 and 2000. The 1990 census showed there were nearly 2 million American Indians. Using the American Indian alone population in 2000, this population increased by 516,722 or 26 percent, between 1990 and 2000.

Geographic Distribution of American Indians

The geographic distribution of the American Indian population in 2000 showed that 43 percent lived in the West, 3l percent lived in the South, 17 percent lived in the Midwest, and 9 percent lived in the Northeast (U.S. Census Bureau, 2000).

The ten states with the largest American Indian population in 2000, in order, were California, Oklahoma, Arizona, Texas, New Mexico, New York, Washington, North Carolina, Michigan and Alaska (U.S. Census Bureau, 2000).

5 The goal of this module is to inform Corps of Engineer employees of current issues affecting American Indians and their governments. There may be material included in this module that does not reflect the views of the U.S. Army, Corps of Engineers, but the intent is to teach the American Indian perspective and allow the employee to compare it to their personal view.

E-2 APPENDIX E

American Indians were the majority of the population in 14 counties in the West and 12 counties in the Midwest. In the West, the counties were in four states: Alaska, Arizona, Montana, and Utah (U.S. Census Bureau, 2000).

In the Midwest, the counties were in four states: South Dakota, Wisconsin, North Dakota and Nebraska (U.S. Census Bureau, 2000).

Population centers for American Indians are New York (87,241) and Los Angeles (53,092), had the largest American Indian populations throughout the Continental United States. Tribes with more than 1000,000 members were the Cherokee, Navajo, Choctaw, Sioux, Chippewa, and Latin American Indian (U.S. Census Bureau, 2000).

American Indian Health Conditions

American Indians have made tremendous progress in recent years, but are still the poorest ethnic group in the in the United States with regard to health, education and welfare. Here is census data pertaining to health and education:

Health • Fetal alcohol syndrome (FAS) is 33 times higher than non-Indians. • 1 in 6 adolescents has attempted suicide – a rate four times that of other teenagers. • Alcohol mortality is 10 times the rate for all other races combined. • Tuberculosis is 7.4 times greater than non-Indians. • Diabetes is 6.8 times greater than non-Indians.

Education. • Student performance and participation is far below the national average – o 52 % finish high school. o 17% attend college. o 4% graduate from college. o 2% attend graduate school.

Why American Indians Are At Risk

According to a report given before Congress in 1991 American Indians have high risks because, reservation schools have failed to nurture the intellectual development and academic performance, which is evident in high dropout rates and negative attitudes by students. Schools have discouraged the use of American Indian tribal languages in the classroom. Indian lands and resources are constantly besieged by outside forces interested in further reducing their original holdings. Political relationships between the tribes and the federal government fluctuate (Excerpt from U.S. Department of Education: “Indian Nations at Risk Task Force”, 1991).

E-3 APPENDIX E

American Indian Economic Conditions

Indians are disadvantaged in the development of business acumen as entrepreneurs. The disparity between the income of Indians and mainstream economics is widening in direct proportion to their lack of experience, opportunity and resources. • 75% of the work force earns less than $7,000 per year. • 45% are below the poverty level. • The average unemployment rate is 45%. • Unemployment on some reservations is 90%.

Most reservation housing is inadequate and substandard. For instance, Navajos who have the largest reservation and tribe with the most resources endure the following conditions: • 46% have no electricity. • 54% have no indoor plumbing. • 82% live without a telephone.

Some of the Indian casinos are generating fantastic revenues. Some tribes with smaller enrollment are distributing per capita payments. Theoretically and literally, tribal members have become millionaires in a very short period of time (Russell, 1995). • Gaming is the current economic and political issue in Indian country. • The issue of Indian sovereignty hands in the balance as Indians cautiously negotiate the maze of over lapping state and federal jurisdictions and control. • Casinos seem to be a quick-fix basis for cash flow-a short term solution For long-term problems. It is very difficult to argue with success, however, the jury is still out o the long- term ramifications of gaming on Indian social and economic development.

Fort Peck Assiniboine and Sioux Tribe, Economic Conditions

The major economic resource on the Fort Peck Reservation is cattle ranching and farming. Private commercial business consist of a convenience store, gas station, restaurants, Laundromat, auto repair shop, a video arcade, fast food restaurant, and arts and craft stores. The Assiniboine and Sioux Tribes major employers are, Fort Peck Community College, Bureau of Indian Affairs, and Indian Health Service. The tribally owned Assiniboine and Sioux Tribal Industries (AST) is the largest private employer in Montana (Minisose Org., 2006).

Education is a high priority for the tribe; the tribe has a Headstart program, a tribal scholarship program, a Community College, and Native America Education Service College, which offers one of the best tribal studies programs in the United States (Minisose Org., 2006).

The Nemont Telephone Company provides telephone service to the reservation. Electric utility services for the Fort Peck Reservation are provided by Montana Dakota Utilities, Sheridan Electric, Northern Electric, Valley Electric, and McCone Electric. The Tribe has contracted power from the Western Area Power Administration for irrigation purposes since the 1930’s (Minisose Org., 2006).

E-4 APPENDIX E

The Assiniboine and Sioux Tribes provide an elderly nutrition program and youth cultural/recreational activities. There is also an area rodeo club. Health care is provided by the Indian Health Service at the Health Center Hospital and Clinic. The Tribal Health Department provides a number of health services including the Community Health Representative Program, mental health and dental services. The Health Department also provides examinations and eyeglasses to all residents at reduced rates. The Ambulance Service provides emergency health care service (Minisose Org., 2006).

The Fort Peck Housing Authority manages over 500 housing units in the district communities and on rural scattered sites through HUD Low Rent and Mutual Help home ownership housing programs. Other housing is available through the Bureau of Indian Affairs and Indian Health Service for their employees. Private housing stock is limited.

Fort Peck Assiniboine and Sioux Tribe, Government

The Tribal government operates under a constitution approved by the Tribal membership and Tribal Council of the Assiniboine and Sioux Tribes. The Tribal Council consists of a Chairman, Vice-Chairman, Secretary/Accountant, and a Sgt. At Arms. The Tribal Council Chairman is the administrative head of the Tribe and serves a two-year term The twelve member Tribal Council and officers are elected at large and serve a two year term (Minisose Org., 2006). Figure 1. Fort Peck Tribal Profile lists current reservation data.

Lower Brule Sioux Tribe, Economic Conditions

Commercial business by private operators include a convenience store, aundromat, and a video arcade/fast food shop, hunting/fishing guide service, arts and handcrafts, a small motel, and a branch of Norwest Bank (Minisose Org., 2006).

The majority of employment is provided by the Lower Brule Sioux Tribe, the Golden Buffalo Casino, Bureau of Indian Affairs, and the Indian Health Service (Minisose Org., 2006).

The Lower Brule Sioux Tribe operates a propane gas service for the reservation. West Central Electric Cooperative, Inc. supplies electricity and Internet access service to the reservation. The Golden West Telephone Company provides telephone service to the reservation. The Rural Water Supply System (RWSS) is in the planning stages and will supply clean water from the Missouri River to the communities of Lower Brule and West Brule for domestic and agricultural use in all the surrounding reservation area. The RWSS is part of the Mni Wiconi Water Project to

E-5 APPENDIX E

provide water for the Pine Ridge and Rosebud reservations and the Lyman-Jones county residents (Minisose Org., 2006).

The Lower Brule Sioux provides an elderly nutrition program, youth recreational activities, and a Horseman’s Club. Health care is provided by the Indian Health Service at the Health Center Clinic and the Tribal Health Department Community Health Representative and Ambulance Service. The Health Department also provides examinations and eyeglasses to all residents at reduced rates (Minisose Org., 2006).

The Lower Brule Housing Authority manages about 400 housing units in the communities of Lower Brule and West Brule and on rural scattered sites through HUD Low Rent and Mutual Help home ownership housing programs. Other housing is available through the Bureau of Indian Affairs for their employees. Private housing stock is limited (Minisose Org., 2006).

Lower Brule Sioux Tribe, Government

Three Affiliated Tribe of Fort Berthold Tribes, Economic Conditions

The major economic occupation on the Fort Berthold Reservation is cattle ranching and farming for a number of tribal operators. Commercial business by private operators include convenience stores, gas stations, restaurants, Laundromat, auto repair shop, a video arcade/fast food shop, and arts and handcrafts, and other service and commercial vendors (Minisose Org., 2006).

The Three Affiliated Tribes provide an Elderly Nutrition Program and Youth Cultural/Recreational Activities. Health care is provided by the Indian Health Service at the four service areas of the Minne-Tohe Health Center: Mandaree Health Station, White Shield Health Station and Twin Buttes Health Station. The Tribal Health Department provides a number of health services including the Community Health Representative Program, and the Ambulance Service for emergency health care services (Minisose Org., 2006).

Communities such as Mandaree, White Shield, and Twin Buttes have few amenities available: post office, churches, and a very limited convenience store. Police coverage is provided by the BIA and/or Tribe and fire departments are usually volunteer with a mix of BIA equipment and employees. In some of the smaller towns within the service unit such as Watford City, Halliday, and New Town, basic amenities, such as grocery/clothing stores, restaurants, and service stations are available (Minisose Org., 2006).

E-6 APPENDIX E

Housing in the major communities consists of mutual help homes built through various government programs. The tribal low-rent housing units and mutual help scattered-site homes that exist in the communities and rural areas are managed by the Fort Berthold Housing Authority. Housing for government employees is limited with a few quarters available to HIS employees in the Four Bears Community and to BIA employees in Mandaree and White Shield. Private purchase and rental housing are available in New Town (Minisose Org., 2006).

Three Affiliated Tribe of Fort Berthold, Government

The Chairman is the administrative head of the Tribe. The Chairman and the Officers serve a four-year term and are elected at large with the three members elected from their districts (Minisose Org., 2006).

Cheyenne River Sioux Tribe, Economic Conditions

The majority of employment is provided by the Cheyenne River Sioux Tribe, Cheyenne River Community College, Bureau of Indian Affairs, and the Indian Health Service (Minisose Org., 2006).

The Cheyenne River Telephone Authority provides telephone service to the reservation. Electric utility services for the Cheyenne River Reservation are provided by Moreau Grand Electric. The Tribe operates the water department to supply clean water for the district communities from the Missouri River and is a member of the Tri-County Water System (Minisose Org., 2006).

The Tribe provides an elderly nutrition program and youth cultural/ recreational activities. There is also an area rodeo club for rodeo sports. Health care is provided by the Indian Health Service at the Health Center Hospital and Clinic. The Tribal Health Department provides a number of health services including the Community Health Representative Program, and mental health and dental services. The Health Department also provides examinations and eyeglasses to all

E-7 APPENDIX E

residents at reduced rates. The Teton Ambulance Service provides emergency health care service (Minisose Org., 2006).

The Cheyenne River Housing Authority manages over 800 housing units in the district communities and on rural scattered sites through HUD Low Rent and Mutual Help home ownership housing programs. Other housing is available through the Bureau of Indian Affairs and Indian Health Service for their employees. Private housing stock is limited (Minisose Org., 2006).

Cheyenne River Sioux Tribe, Government

The Tribal government operates under a constitution consistent with the Indian Reorganization Act of 1934 and approved by the Tribal membership and Tribal Council of the Cheyenne River Sioux Tribe. The Tribal Council consists of a Chairman, Vice-Chairman, Secretary, Treasurer, and additional Council members which are elected by the Tribal members (Minisose Org., 2006).

The Tribal Council Chairman is the administrative head of the Tribe and serves a four year term. Three of the Tribal Council are elected at large and the remainder are elected from their districts.

Standing Rock Sioux Tribe, Economic Conditions

The Standing Rock Sioux Tribe’s major economic occupation is cattle ranching and farming. The Standing Rock Sioux Tribe established various industries for the Tribe on the reservation and plans to develop more enterprises (Minisose Org., 2006).

In the area of economic development the Tribe currently operates the Prairie Knights Casino and Lodge and Prairie Knights Quik Mart, Grand River Casino, Standing Rock Farms, and Standing Rock Sand and Gravel (Minisose Org., 2006).

The district also operates businesses such as the Bear Soldier Bingo, Big Foot Bingo in Little Eagle, bingo operations in Cannon Ball, Fort Yates and Porcupine which support their local districts. Bear Soldier has a grocery store, Cannon Ball has a convenience store/gas station, Bullhead has a trading post and Little Eagle has a laundromat. Enrolled members of Standing Rock own their own businesses: The Standing Rock Cable Vision Inc, White Buffalo Store, Missouri Drift Inn, Taco Johns, Henry’s Standard, Tim's Conoco & Laundromats, Richie's Ponderosa Plaza, Beauty Saloon, Pelican lounge and restaurant, Missouri Drift Inn Video, Pelican Video, and Sweat Shop Gym in Fort Yates (Minisose Org., 2006).

There are non-Indian owned businesses throughout the reservation, primarily in McIntosh and McLaughlin, South Dakota and in Selfridge and Solen, North Dakota (Minisose Org., 2006).

Montana-Dakota Utilities Company and Mor-Gran-Sou Electric Coop Inc. supplies Electricity and natural gas to the reservation. The Standing Rock Sioux Tribe will be developing its own utilities company and telephone company. The West River Telephone Company provides telephone service to the reservation. Lakota Energy, which is owned by a tribal member, supplies fuel and gas to homes in the districts. The MR & I Water Distribution System supplies water

E-8 APPENDIX E

lines to the districts to bring clean water to all enrolled members. Most enrolled members in the rural districts still use well water (Minisose Org., 2006).

The U.S. Indian Health Service operates a hospital at Fort Yates and smaller clinics in the Fort Yates, Mclaughlin, Wakpala, Cannon Ball and Bullhead districts. The Tribal Health Department provides a number of health services including the Community Health Representative Program, health education, eye examinations, eyeglasses, and Emergency Health Care including ambulance services. The Tribe also provides an elderly nutrition program and youth recreational activities (Minisose Org., 2006).

The Standing Rock Housing Authority constructs and manages over 650 homesfor Tribal members living on the reservation. This includes homes on scattered sites built through the HUD Mutual Help home ownership program on individual land or Tribal land leased for homesites. The other housing in the districts is low-income HUD Low Rent for individual Indian residents in reservation communities. As private housing stock is limited, some of the Standing Rock members own their own homes in the rural areas through other private financing. The Bureau of Indian Affairs and the Indian Health Service have some housing available in McLaughlin and McIntosh for their employees.The Tribe plans to build a number of apartment complexes in the future (Minisose Org., 2006).

The need for housing is great on Standing Rock. The Tribe is looking into Habitat for Humanity homes and the government Home Grant project The number of persons per household in the Standing Rock Service Area is 4.60 compared to 3.27 for the State of North Dakota and 3.27 for the State of South Dakota. The number of persons per family for U.S. All Races is 3.80 (Minisose Org., 2006).

Standing Rock Sioux Tribe, Government

The Tribal government maintains jurisdiction on all reservation lands, including all rights-of- way, waterways, watercourses and streams running through any part of the reservation and to such others lands as may hereafter be added to the reservation under the law of the United States. The Standing Rock Sioux Tribe operates under a constitution approved on April 24, 1959 by the Tribal Council of Standing Rock Sioux Tribe. The Tribal Council consists of a Chairman, Vice- Chairman, a Secretary and 14 additional Council people which are elected by the tribal members (Minisose Org., 2006).

Santee Sioux Tribe, Economic Conditions

The Santee Sioux Tribe’s major economic occupation is cattle ranching and farming for 10 tribal operators. Commercial business by private operators include a convenience store, laundromat,

E-9 APPENDIX E

and a video arcade/fast food shop, hunting/fishing guide service, arts and handcrafts, and a small motel (Minisose Org., 2006).

There are 159 Indian family housing units on this reservation, 38 are individually owned. The Santee Sioux Housing Authority has developed 121 new housing units under the U.S. Department of Housing and Urban Development for low and moderate income persons (Minisose Org., 2006).

Santee is a very rural community offering little in the way of public facilities. There is one each of the following: gas station, grocery store, cafe, church, and bar. Most residents periodically travel to Yankton to shop. There is no fire department or post office. Santee depends upon the community of Niobrara, 15 miles away for these services. Law enforcement is furnished by the Tribe (Minisose Org., 2006).

A major privately owned recreational development known as "Devil's Nest" is located adjacent to the eastern border of the reservation (Minisose Org., 2006).

Santee Sioux Tribe, Government

Crow Creek Sioux Tribe, Economic Conditions

The Crow Creek Sioux Tribe’s major economic occupation is cattle ranching and farming for 20 tribal operators. The Tribe operates a large irrigated farm under the Big Bend Farm Corporation, guided hunting for small game, big game, and a goose camp operation. The Tribe also operates the Lode Star Casino and liquor store (Minisose Org., 2006).

Commercial business by private operators include a convenience store, Laundromat, and a video arcade/fast food shop, hunting/fishing guide service, arts and handcrafts, and a small motel.The majority of employment is provided by the Crow Creek Sioux Tribe, Lode Star Casino, Bureau of Indian Affairs, and the Indian Health Service (Minisose Org., 2006).

Electric utility services for the Crow Creek Reservation are provided by Northwestern Public Service. The Midstate Telephone Company provides telephone service to the reservation. The

E-10 APPENDIX E

Tribe operates the water department to supply clean water from the Missouri River to the communities of Fort Thompson while the Big Bend and Crow Creek communities are served by wells (Minisose Org., 2006).

The Crow Creek Sioux provides an elderly nutrition program, youth recreational activities, and a rodeo club. Health care is provided by the Indian Health Service at the Health Center Clinic and the Tribal Health Department Community Health Representative and Ambulance Service. The Health Department also provides examinations and eyeglasses to all residents at reduced rates (Minisose Org., 2006).

The Crow Creek Housing Authority manages about 350 housing units in the communities of Fort Thompson, Big Bend, and Crow Creek and on rural scattered sites through HUD Low Rent and Mutual Help home ownership housing programs. Other housing is available through the Bureau of Indian Affairs and Indian Health Service for their employees. Private housing stock is limited (Minisose Org., 2006).

Crow Creek Sioux, Government

Flandreau Santee Sioux Tribe, Economic Conditions

Electric utility services for the Flandreau Santee Sioux Tribe are provided by the City of Flandreau and Sioux Valley Electric. US West Communications Company provides telephone service to the reservation (Minisose Org., 2006).

E-11 APPENDIX E

The Flandreau Santee Sioux Tribe operates a Health Center Clinic and maintains all health services independently under a :PL 93-638 contract with the Indian Health Service (IHS). According to the IHS User Population Estimates for FY-1991, the Flandreau Service Area serves 1,399 Indians. This estimate includes members of the Flandreau Santee Sioux Tribe and other eligible Indians, as well as students attending the Bureau of Indian Affairs (BIA) Boarding School (Minisose Org., 2006).

The Flandreau Santee Sioux Tribe provides an Elderly Nutrition Program and Youth Cultural/ Recreational Activities. Health care is provided by the Tribal Health Department at the Health Center Clinic including the Community Health Representative and Ambulance Service. The Health Department also provides examinations and eyeglasses to all residents at reduced rates (Minisose Org., 2006).

Housing in the Indian community consists of HUD low-rent housing projects and individual scattered sites. The Tribal Housing Authority manages the housing program, provides maintenance and has won awards for well kept housing conditions. Limited quarters are available for BIA employees. Private purchase and rental housing is available in Flandreau, Brookings,and Sioux Falls, South Dakota and in Pipestone, Minnesota (Minisose Org., 2006).

Flandreau Santee Sioux, Government

The Tribal President serves as the administrative head of the Tribe. The Tribal President, Officers and Trustees serve a term of 4 years and are elected from the reservation. The Tribe is governed by an Executive Committee elected by general council who are all qualified tribal voters, each even numbered year.. The majority of the population live in the community on trust land in Flandreau, SD (Minisose Org., 2006).

Sisseton-Wahpeton Sioux Tribe, Economic Conditions

The major economic occupation on the Sisseton-Wahpeton reservation is cattle ranching and farming for a number of Tribal operators. The Nation employs a number of people in their plastic bag manufacturing industry. The Tribe operates an irrigated farm, a hunting program for small game, big game, and waterfowl. The Tribe also operates the Dakota Sioux Casino and Agency Bingo. A new gambling operation and bingo hall are included in the new truck stop complex. Commercial business by private operators include: a convenience store, laundromat, auto repair shop, a video arcade/fast food shop, and arts and handcrafts. The majority of employment is provided by the Sisseton-Wahpeton Sioux Tribe, Sisseton-Wahpeton Community College, Dakota Sioux Casino, Bureau of Indian Affairs, and the Indian Health Service (Minisose Org., 2006).

E-12 APPENDIX E

Electric utility services for the Sisseton-Wahpeton Reservation are provided by Northwestern Public Service. US West Communications Company provides telephone service to the reservation. The Tribe operates the water department to supply clean water for the district communities from lakes, rivers and wells (Minisose Org., 2006).

The Sisseton-Wahpeton Sioux Tribe provides an Elderly Nutrition Program and Youth Cultural/ Recreational Activities. There is also an area Horseman’s Club for rodeo sports. Health care is provided by the Indian Health Service at the Health Center Clinic and the Tribal Health Department Community Health Represen-tative and Ambulance Service. The Health Department also provides examinations and eyeglasses to all residents at reduced rates (Minisose Org., 2006).

The Sisseton-Wahpeton Housing Authority manages over 500 housing units in the district communities and on rural scattered sites through HUD Low Rent and Mutual Help home ownership housing programs. Other housing is available through the Bureau of Indian Affairs and Indian Health Service for their employees. Private housing stock is limited (Minisose Org., 2006).

Sisseton-Wahpeton Sioux, Government

V. Resources

• Minisose Organization (2006) Retrieved December, 2006, from Website www.mnisose.org/profiles • Russell, G. (1995). American Indian Digest. Thunderbird Enterprises. • U.S. Census Bureau. (2004). American Fact Finder.

E-13 APPENDIX F MODULE 6 – SACRED LANDS APPENDIX F

Module 6

I. Topic: Sacred Lands

III. Learning Objectives. The brown bag presentation will provide participants an overview of some tribal perspectives of the Missouri River, how these perspectives have contributed to the area and continues to influence tribal decision making. The module will cover legislation, laws, executive orders, and regulations intended to preserve Sacred Lands. • Participants will learn about current historic preservation definitions. • Participants will be able to identify cultural and spiritual perspectives of Affected Tribes. • Participants will learn the laws, executive orders, and regulations intended to preserve Sacred Lands on Corps land.

IV. Content.6

Sacred Lands Background

American Indian environmental wisdom and spirituality is legendary. Spiritual beliefs vary among the affected tribes along the Missouri River, but an overarching concept of an interconnected and linked universe is prevalent among tribal spiritual beliefs. For instance animals are respected and viewed as an equal, even though they are hunted for food. Mitakuya Owasin “All My Relatives” is a Dakota people saying that extends kinship to everything that lives. Therefore, if something affects one part of this link the whole system is disturbed. Native American spiritual beliefs have been defined as the polar opposite of Anglo-American spiritual beliefs and have greatly affected the relationships between Anglo-Americans and tribal governments. Cultural and spiritual beliefs have been passed down to preceding generations for thousands of years through creation and origin stories, parables, and art. For the Affected Tribes along the Missouri River spiritual beliefs regarding the Missouri River have been passed down to preceding generations for thousands of years through their tribal creation and origin stories, parables and art. Their stories reflect themes of environmentalism, naturalism, and interconnection. The Missouri River is believed to be a sacred life source for many of the tribes (U.S. Army Corps of Engineers, 2004).

American Indian Perspectives

The tribal historical perspective emphasizes the interrelationship between the past, present, the living the dead, people and the environment and the spiritual and physical aspects of life. Time

6 The goal of this module is to inform Corps of Engineer employees of American Indian perspectives of Sacred Lands. There may be material included in this module that does not reflect the views of the U.S. Army, Corps of Engineers, but the intent is to teach the American Indian perspective and allow the employee to compare it to their personal view.

F-2 APPENDIX F

from this perspective is not only a chronological ordering of events, but also a quality and texture that continues into the present and future as it establishes the rationale and basis for living in the proper fashion. From, this perspective, there is often an intimate relationship between a person and the past. Time or the past provides a template for the proper way of life. It legitimizes the present by showing how it is related to things that have gone before.

Cultural resources and sacred landscapes are evidence that the environment has always been physically and spiritually compatible with tribal peoples. The location of sites is evidence that sometime in the past, tribal peoples recognized the physical and spiritual characteristics of the landscape that made it an appropriate place to camp, hunt, fast, and hold spiritual ceremonies. This validates the continuing relationship with the area to the present.

American Indian Historical Periods

Sacred Time- A period when the world we know was created by a series of spiritual beginnings. Events that took place in this time period, such as creation of the earth its features, involve supernatural forces and are perceived as holy.

Ancient Tribal Peoples- A period when ancient tribal people moved across the landscape interacting with both the physical and spiritual aspects of the world. This is the period before contact with Euro-Americans. Tribal peoples lived in a world where there was no division between physical and spiritual aspects of life.

Historical Time- A period when immediate ancestors known from oral tradition lived their lives.

Present- The present is perceived as a product of sacred, ancient, and historical time. It is the responsibility of tribal peoples to pass on information of these time periods to future generations.

All of these periods of time represent intrinsic qualities as well as being roughly sequential, quantitative chronological units.

American Indian Spiritual Perspective

For American Indians the universe is an animate, living network of both material and non material parts. These parts are interrelated and inseparable. Changes to the physical environment cause changes in the spiritual environment. The context within which American Indian religious expression is found and understood is that of a living universe which has, as its basic ground, a mysterious personal energy that pervades and energizes everything. Although this great energy is to be found in every entity which humans encounter, it is the specific manifestations of this energy in historical events that particularizes the sacred into sets of powers and personalities with whom the tribal community has a relationship (Deloria, Stoffle, 1998).

Traditionally many societies have reached the conclusion that a "High God" or solitary deity exists by reference to the orderliness of the natural world or through the demonstration by logical reasoning. This deity is intellectually and conceptually pleasing but we do not find it present in very many American Indian religious traditions. Instead we find vaguely defined beliefs inside

F-3 APPENDIX F

vast and very complex ceremonial practices. Since the mysterious power can manifest itself in the historical moment without projecting a sense of absolute revelation, in the western European and American sense, there is no conflict among or between tribes as to the form and substance of ultimate reality (Deloria, Stoffle, 1998).

The basic requirement of American Indian ritual activities is that all creatures of creation be granted access to the ceremonies. The transformation of natural objects without specific instructions from the spirits was regarded as a violation of the integrity of the other entities. Therefore, use of natural objects usually conforms closely to their original state. A good example of this practice is in the treatment of peyote for religious purposes. The Native American Church does not alter the peyote button in any way, since that would be a violation of the spirit of the plant. American Indian people regard the processing of the plants to find a chemical derivative as a dreadful act. With the exception of placing sacred objects at certain locations, traditional American Indian people do not, as a rule, attempt to construct buildings such as churches and chapels at sacred sites. Everything in the physical world is believed to have its own integrity. The task of religious practitioners, therefore, is to create the minimum disruption of the site and cause the minimum disruption of the lives of other creatures while performing ceremonial functions on behalf of these entities (Deloria, Stoffle, 1998).

For DoD and Federal agencies dealing with the religious/cultural concerns and practices of American Indians is the relationship of particular locations to the practice of traditional religions. Tribal religions view the landscape as an integral part of religious experience because it is not only the locus for human experience but the earth itself is a living entity and manifests its relationship to all forms of life by sustaining them. Landscapes have interlocking sets of locations which are holy in and of themselves because they are the most specific means whereby the earth can relate to lesser entities (Deloria, Stoffle, 1998).

Over the course of thousands of years, American Indians have discerned the various sacred sites which have power; that is to say, manifest the energy and concern of the earth. Sometimes several tribes will have discovered the sacredness of a site and become aware of the proper ceremonies that must be performed there. Bear Butte and the Sangre de Cristo mountains of New Mexico are good examples of multi-tribal sacred sites. A number of mountains in southeastern Utah have the same status. Within traditional occupancy areas and along ancient migration routes are more locations that have a religious significance to particular Indian tribes. The knowledge of these locations has been passed down within certain families who performed ceremonies for many generations.

In contrast, western and some other world religions also have sacred places and shrines but these sites generally mark the location where historical religious events took place: Mt. Sinai, Mecca, Jerusalem, and other locations. Through ceremonial activities, these religions set aside or consecrate locations that then take on significance for the followers and becomes the focus of ceremonial activities. These religions also have the practice of consecrating a location and establishing a shrine where practitioners can worship. The consecration then removes the location from the secular world and places it within the scope of continuing religious activities (Deloria, Stoffle, 1998).

F-4 APPENDIX F

When dealing with public lands or lands controlled by Federal agencies, it is possible to provide non-Native American religious bodies with tracts of land which they can consecrate and use for religious purposes. The location can be almost anywhere of convenience. American Indian religious traditions, however, can only use a specific location which is already known to be sacred. In use of geographic locations, therefore, the non-Native American religious bodies can accommodate almost any assignment and make use of it; American Indian religious bodies must use particular locations or they cannot continue their ceremonial life (Deloria, Stoffle, 1998).

Sacred Objects

Perceiving a living universe, manifested by the presence of the mysterious life energy in everything, tribal religious traditions understood objects used for religious purposes as possessing the mysterious power which made the universe function. Rituals almost always require the participation of the other creatures of the creation and consequently ritual practices require the collection of plants and animals, minerals and clays, stone, and some ceremonial form of setting these objects aside once they have been used ritually (Deloria, Stoffle, 1998).

Objects used in rituals may have sacred significance for only a duration of time, while some ritual objects are thought to have existed since creation. As an example of time-limited objects, the Zuni make war gods of wood which have status and an active function within the Zuni ceremonial life but which, after a designated period of time, are then placed in special locations where they are returned to the natural world through the processes of decay and erosion (Deloria, Stoffle, 1998).

The classification of objects as having ceremonial potency depends upon the designated practitioners of the respective tribal religious traditions and not upon use or misuse or possession by secular individuals. In terms of designation or classification of objects which might be found on United States military lands, the best course of action for DoD resource managers concerned about the treatment of those objects is to contact practitioners of the most probable American Indian religious tradition and seek their advice on how to handle the situation (Deloria, Stoffle, 1998).

Sacredness within the traditional American Indian religions does not depend upon a hierarchical arrangement of ceremonies or objects, but upon existing and possible future sets of relationships between living entities. Attempting to evaluate the relative importance of certain kinds of practices or materials from outside the religious context is difficult if not impossible. Forcing religious experiences into foreign interpretive frameworks does violence to the understanding of the factors that are actually involved. Misunderstandings and transfers of emphasis can lead to embarrassment and conflict that is unnecessary (Deloria, Stoffle, 1998).

A great deal of American Indian religious knowledge has been lost over the last century. Consequently many locations which would have invoked a sense of reverence long ago may not have the same status among practitioners of the religion today. The purpose of existing and contemplated Federal and state laws which seek to grant access to sacred sites or set aside locations of the gathering of ritual objects is in accord with the resurgence of many tribal traditions which have been illegally and immorally suppressed during the immediate past. These

F-5 APPENDIX F

efforts are good faith attempts to reconcile the practices of traditional American Indian religions with the requirements of mass society and its institutions today (Deloria, Stoffle, 1998).

In terms of the expectations which DoD base commanders can anticipate that relate to sacred objects, apart from personal goods which might be found in burials, the objects most important will be those natural substances that were or are used in ceremonies. Already several U.S. military installations have worked out arrangements with a tribal government allowing gathering of plants. While sacred objects are represented by a much wider variety of religious paraphernalia, such as prayer feathers and wands, strips of cloth, and designed figures made during ceremonies, concern in general should focus on the plants and minerals which are necessary for ritual use (Deloria, Stoffle, 1998).

Selection of Sacred Sites

Many state and Federal agencies are bound by government-to-government agreements with Indian tribes to respect the confidentiality of sacred site information about public lands in their care. Sacred site information should be restricted to American Indian people, and to guard American Indian sacred sites against curious outsiders, tribes and state/Federal governments should develop Memoranda of Agreement or Memoranda of Understanding which specify the restriction of such information (Deloria, Stoffle, 1998).

State archaeological agencies and historic preservation efforts have produced massive inventories of locations which primarily involve burials and sites of former human habitation. Since state agencies are already working with American Indian tribes to compile inventories and since much of this information is already under a seal of confidentiality, military installation commanders can call upon state agencies for extensive background information on sites and be directed to the proper tribal authorities. In the very near future almost all known locations in the western United States will be listed in one of these state inventories. Future discoveries of human burials, sites of former human habitation, and other sacred sites will certainly call forth the cooperative efforts of Indian tribes, state agencies, and military authorities (Deloria, Stoffle, 1998).

Mourning and condolence rituals are typically a continuing part of traditional religions and today with the admixture of tribal and Christian practices. These activities vary radically across American Indian cultures. Mourning and condolence activities may well take place at both isolated locations and military post cemeteries. Since the ritual has a memorial aspect as well as being a means of keeping the deceased within the extended family circle, the occasions when these rituals are held will generally coincide with national days of memorial held by the non- Indian population (Deloria, Stoffle, 1998).

No sacred site stands alone. It is always within a set of religious relationships best described as "linkage" in which traditions about a particular location do not make sense unless information about the other locations and their part in a larger religious or historical sequence is known. A good example of linkage is the existence of "boundary" mountains which mark out sacred areas of tribes. Within the area described vaguely by a number of mountains and rivers, the lands may be described as "sacred" in the sense that ceremonies are held there. The mountains themselves

F-6 APPENDIX F

may not be used for ritual or ceremonial purposes. Part of the ceremony, however, would be simply to have the mountains in view, their permanence in effect guaranteeing the integrity of the ceremony (Deloria, Stoffle, 1998).

Linkage can also be seen in tracing the paths of activity of culture heroes, ancient migrations, or the progress of the Creator as the world in which we live was made. Pilgrimages are sometimes required of the people in which they re-enact the events of ancient times. A pilgrimage may move from one sacred location to another, the path which is used then becoming part of the sacredness of the two locations for the duration of the pilgrimage. For DoD purposes of understanding, two or more sacred sites may exist outside of a military installation and only the path of pilgrimage may cross military lands or activity areas. Yet the path becomes, for the purpose of fulfilling the ceremony, a part of the sacred nature of both the sacred site and the sacred activities which celebrate it. At the present this possibility exists primarily in two sites: Arizona and California. Consultation with the Pueblos of the Rio Grande may result in identifying more of these linkage situations (Deloria, Stoffle, 1998).

The occupation of the North American continent for tens, and perhaps hundreds of thousands of years, has created a unique and complex religious landscape. Sacred sites are not unusual in the world religious traditions. Even before Mount Sinai's revelations Abraham coming into the Holy Land discovers that Jerusalem had been a sacred location since before the memory of the most ancient of peoples. The difference between the western hemisphere and the rest of the world is that for the most part sacred sites on other continents have been set aside by organized societies and covered with temples and shrines, opening them to a larger audience of devotees but also closing them off as locations for future religious experiences of a revelatory nature. Written scriptures and religious canons seem able to preserve sacred sites but at the cost of reducing them to sites of historical religious significance (Deloria, Stoffle, 1998).

Unless we deal with a modern consensus of American Indian opinion in regard to certain locations, such as Bear Butte and the Powell, Wyoming medicine wheel, which many tribes agree is sacred our information about sacred sites must remain as a list of locations important to specific tribes and dependent upon their apprehension of the sacred nature of the location. For much of the continental United States, particularly the lands east of the Mississippi, much knowledge about sacred locations has been irretrievably lost except for such groups as Iroquois, Muskogee and Eastern Cherokee. History plays a part here since the tribes who inhabited this region experienced several centuries of contact with Europeans prior to their decline. Some tribal groups simply vanished or were absorbed into larger Indian nations within historic times, some as late as the 1790s. Most of the larger Indian nations were removed, either as a whole or as smaller groups in a series of forced negotiations, from the eastern United States to Nebraska, Kansas and Missouri with a good many eventually being removed to Oklahoma. These centuries of contact substantially eroded traditional use of the land as the Indian nations were forced into a highly competitive fur trade and became entangled in colonial wars as allies of the respective European governments (Deloria, Stoffle, 1998).

With the introduction of European manufactured goods and the inter-marriage with fur traders and early settlers, and most particularly with the overtures of missionaries, American Indian tribes were often split between those people who adhered to traditional ways and those who

F-7 APPENDIX F

adopted the new economics, social organization, and religious views of the Europeans. This kind of change must be emphasized as an important factor because it stands in direct contrast with the experiences of American Indians who have always lived west of the Mississippi. An American Indian born west of the Mississippi at the beginning of the 1800s might not have even seen a European or Euroamerican until his or her adulthood and might still have lived to see automobiles. Thus the experiences of western tribes were those of complete loss of a way of life coupled with the necessity of adjusting to an industrial society which they had few ways of understanding (Deloria, Stoffle, 1998).

Due to the immense turmoil and disorientation experienced by many American Indian tribes as waves of Euroamerican settlements engulfed them, some sacred sites became shared by more than one group. Creation and migration traditions that once appeared to be isolated are now recognized as having overlapping boundaries. This is so because American Indian tribes were forced to identify sites across large expanses of land and now seek to protect them from intrusion and confiscation (Deloria, Stoffle, 1998).

Scholars arrange maps of the western United States according to language groups or subsistence patterns, according to whether American Indian tribes were farmers, buffalo hunters, or fishermen. The Indian Claims Commission has drawn its map of this region according to territories claimed or allegedly claimed by attorneys for the respective American Indian tribes during the life of that tribunal. The requirement under the law authorizing the Indian Claims Commission implied that tribes would not be granted a basis for recovery unless their attorneys alleged that they had complete control and exclusive use of the area. Depending on the sophistication of the attorneys and scholars who handled the case, and their aggressiveness in pursuing their clients' interests, occupancy areas in the Indians Claims Commission can vary considerably from the actual facts of the situation (Deloria, Stoffle, 1998).

Professor Deward Walker has drawn up a useful list of major characteristics of American Indian sacred sites that enables one to grasp the cultural and historical context in which Indian people themselves view these locations. The following hold true for many American Indian traditions:

1. a body of mythic accounts explain cultural origins; these are often linked to particular places and features in natural landscapes; 2. calendrical rituals give social form and express religious beliefs that permit members to experience the events of their mythology in various ritual and geographic settings; 3. a reliance of dreams and visions as access to spiritual power and as the primary source of sacred knowledge, with dreaming often tied to particular sites; 4. belief that while all aspects of nature and culture are potentially sacred, there are specific times and places that possess special sacredness; such "portals" may include rock markings.

A major theme of traditional people is that nothing stands alone and this idea can be used to make the characteristics outlined more applicable to the immediate situation. American Indians are much more interested in the total geographical context of the lands on which they live than upon identifying a "center" for religious purposes. The Sioux, for example, designate Pike's Peak as the center of the world, Harney Peak at the center of their country (at least in recent times

F-8 APPENDIX F

when the Teton has become the most numerous branch), but they hold their ceremonies today at Bear Butte and other locations in the Black Hills and Nebraska Sand Hills. In former years the ceremonial centers were farther east in the Dakotas and long ago lakes in the Minnesota and Wisconsin region were the major ceremonial locations. It is said that as the people change, so does their sacred geography. Even the sacred sites need respite from human intrusions and often the site will avoid human contact until it is necessary that it become active again (Deloria, Stoffle, 1998).

The various kinds of sacred sites may appear to suggest an intense ceremonial life and in pre- contact North America there was undoubtedly considerably more attention paid to the maintenance of relationships with spirits through ceremonial activity. Today we can anticipate the variety of religious activities but we need not worry about the frequency of any particular activity except the Vision Quest and the Gathering sites (Deloria, Stoffle, 1998).

Attached is Executive Order 13007, which was designed to protect and preserve Indian Religious practices and defines sacred sites. The presenter can provide copies of this order to participants.

Attached is the Department of Defense American Indian and Alaska Native Policy, which defines the Corps responsibilities. The presenter can provide copies of this to participants.

F-9 APPENDIX F

Executive Order No. 13007: Indian Sacred Sites

Executive Order No. 13007 signed on May 24, 1996 was designed to protect and preserve Indian Religious practices and ordered:

Section 1. Accommodation of Sacred Sites. (a) In managing Federal lands, each executive branch agency with statutory or administrative responsibility for the management of Federal lands shall, to the extent practicable, permitted by law, and not clearly inconsistent with essential agency functions, (1) accommodate access to and ceremonial use of Indian sacred sites by Indian religious practitioners and (2) avoid adversely affecting the physical integrity of such sacred sites. Where appropriate, agencies shall maintain the confidentiality of sacred sites.

(b) For purposes of this order:

i. "Federal lands" means any land or interests in land owned by the United States, including leasehold interests held by the United States, except Indian trust lands; ii. "Indian tribe" means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to Public Law No. 103-454, 108 Stat. 4791, and "Indian" refers to a member of such an Indian tribe; and

iii. "Sacred site" means any specific, discrete, narrowly delineated location on Federal land that is identified by an Indian tribe, or Indian individual determined to be an appropriately authoritative representative of an Indian religion, as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion; provided that the tribe or appropriately authoritative representative of an Indian religion has informed the agency of the existence of such a site.

Section 2. Procedures. (a) Each executive branch agency with statutory or administrative responsibility for the management of Federal lands shall, as appropriate, promptly implement procedures for the purposes of carrying out the provisions of section 1 of this order, including, where practicable and appropriate, procedures to ensure reasonable notice is provided of proposed actions or land management policies that may restrict future access to or ceremonial use of, or adversely affect the physical integrity of, sacred sites. In all actions pursuant to this section, agencies shall comply with the Executive memorandum of April 29, 1994, "Government-to-Government Relations with Native American Tribal Governments."

(b) Within 1 year of the effective date of this order, the head of each executive branch agency with statutory or administrative responsibility for the management of Federal lands shall report to the President, through the Assistant to the President for Domestic Policy, on the implementation of this order. Such reports shall address, among other things, i. any changes necessary to accommodate access to and ceremonial use of Indian sacred sites;

F-10 APPENDIX F ii. any changes necessary to avoid adversely affecting the physical integrity of Indian sacred sites; and iii. procedures implemented or proposed to facilitate consultation with appropriate Indian tribes and religious leaders and the expeditious resolution of disputes relating to agency action on Federal lands that may adversely affect access to, ceremonial use of, or the physical integrity of sacred sites.

Section 3. Nothing in this order shall be construed to require a taking of vested property interests. Nor shall this order be construed to impair enforceable rights to use of Federal lands that have been granted to third parties through final agency action. For purposes of this order, "agency action" has the same meaning as in the Administrative Procedures Act (5 U.S.C.551[13]).

Section 4. This order is intended only to improve the internal management of the executive branch and is not intended to, nor does it, create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity by any party against the United States, its agencies officers, or any person.

F-11 APPENDIX F

Department of Defense

American Indian and Alaska Native Policy

October 20, 1998

PREAMBLE

I. TRUST RESPONSIBILITIES

DoD will meet its responsibilities to tribes. These responsibilities are derived from:

• Federal trust doctrine (i.e., the trust obligation of the United States government to the tribes);

• Treaties, Executive Orders, Agreements, Statutes, and other legal obligations between the United States government and tribes, to include:

DoD will annually review the status of relations with tribes to ensure that DoD is:

F-12 APPENDIX F

• Fulfilling its federal responsibilities; and • Addressing tribal concerns related to protected tribal resources, tribal rights, or Indian lands.

II. GOVERNMENT TO GOVERNMENT RELATIONS

Build stable and enduring relationships with tribes by:

• Communicating with tribes on a government-to-government basis in recognition of their sovereignty;

III. CONSULTATION

Fully integrate (down to staff officers at the installation level) the principle and practice of meaningful consultation and communication with tribes by:

F-13 APPENDIX F

IV. NATURAL AND CULTURAL RESOURCES PROTECTION

Recognize and respect the significance tribes ascribe to certain natural resources and properties of traditional or customary religious or cultural importance by:

William S. Cohen Secretary of Defense

F-14 APPENDIX F

3. Definition of Key Terms:

Resources

• Deloria, V., Stoffle, R. (1998). Native American Sacred Sites and the Department of Defense. University of Colorado and Arizona. Submitted to the United States Department of Defense Washington D.C. • Executive Order No. 13007, May 24, 1996. • U.S. Army Corps of Engineers, Cultural Resource Management Plan, Fort Peck Reservoir, November 2004

F-15 APPENDIX G MODULE 7 – KINSHIP SYSTEMS APPENDIX G

Module 7

I. Topic: Kinship Systems

III. Learning Objectives. Kinship Systems will cover the main kinship systems of tribes in the Omaha District and how the systems are still relevant and how kinship continues to play a part in tribal leadership. • Participants will learn why kinship is important in Native American Culture.

IV. Content.7

Traditional American Indian Kinship Systems

The foundation of social organization for American Indian tribes was originally the bond of real and, legal blood kinship. The recognition and perpetuation of the ties of blood kinship were the first important steps in the permanent social organization of tribal societies.

Among American Indians, kinship is primarily the relation subsisting between two or more persons whose blood is derived from common ancestors. Persons between who in kinship subsists are called kin or kindred. Kinship may be lineal or collateral. By birth through the natural order of descent kindred are divided into generations or categories, which represent lineally and collaterally relationships or degrees of kinship.

Therefore, there is a complex system of family relationships within tribal cultures. The extent and the complexity of the system vary with the social organization of the people. These degrees of kinship may be called relationships, and they define more or less clearly the station, rights, and obligations of the several individuals of the kinship group.

The distinction between relationship and kinship must not be confused, for there are persons who are related but who do not belong to the same kin.

In general every person belongs naturally to two distinct families or kinship groups, namely, that of the father and that of the mother. There are two radically different methods of naming these relationships; the one is called the classificatory, the other the descriptive method. There has been the opinion that the tracing of descent through the paternal line is in most cases a development from the system of tracing descent exclusively through females.

7 The goal of this module is to inform Corps of Engineer employees about American Indian Kinship Systems. There may be material included in this module that does not reflect the views of the U.S. Army, Corps of Engineers, but the intent is to teach the American Indian perspective and allow the employee to compare it to their personal view.

G-2 APPENDIX G

AN example of a kinship system among the Klamath Indians of California and Oregon recognizes only two degrees in ascending above and only two in descending below the propositus in the direct line, and four collateral degrees of the paternal line, that of father's brothers, that of father's uncles, and then that of father's sisters and that of father's aunts; and four collateral degrees of the maternal line, that of mother's sisters, that of mother's aunts, that of mother's brothers, and that of mother's uncles, or eight collateral degrees in all.

So in this system the circle of relationships shifts with the person selected as the starting point of the reckoning. The father recognizes relations which his child does not admit, and the child recognizes relations which the father does not admit.

Among the Omaha Tribe, a man must not marry in his own gens. A law of membership requires that a child belong to its father's gens. This is descent in the male line, but children of white or black persons (Negroes) belong to the gens of the mother, into which they are forbidden to marry. Moreover, a stranger can not belong to any gens of the tribe because there is no ceremony of adoption into a gens. A man is prohibited from marrying a woman of the gens of his father, as the women of this gens are his grandmothers, aunt, sisters, nieces, daughters, or granddaughters. For the same reason he can not marry a woman of the gens of his father's mother, but he can marry a woman belonging to any other gens of his paternal grandmother's phratry, as she would not be of his kindred.

Among the Omaha, within the phratry in which gentes exist, those who occupy the one side of the fire are not regarded as full kindred by those occupying the other side of the fire, and they are prohibited from intermarrying. But were it not for the institution of these gentes or quasi-kindred groups within the phratries, a male would be compelled to marry outside of his tribe, for the reason that all the women of the tribe would otherwise be his kindred through the previous intermarriages among the ten original "gentes" or phratries.

The Omaha kinship system traces descent through the male line. In this system the relationships are highly complex and the terms, or rather their approximate English equivalents, denotive of these relationships are employed with considerable latitude and in quite a different manner from their use in English. For example: If the propositus be a male or a female, he or she would call all men his or her 'fathers' whom his or her father would call 'brothers', or whom his or her mother would call her potential 'husbands.' he or she would call all women his or her 'mothers' whom his or her mother would call 'sisters', 'aunts', or 'nieces', or whom his or her father would call his potential 'wives.' Moreover, he or she would call all men 'brothers' who are the sons of such fathers or mothers, and their sisters would be his or her 'sisters.' he or she would call all men his or her 'grandfathers' who are the fathers or grandfathers of his or her fathers or mothers, or whom his or her fathers or mothers would call their mothers' 'brothers.' he or she would also call all women his or her 'grandmothers' who are the real or potential wives of his or her grandfathers, or who are the mothers or grandmothers of his or her fathers or mothers, or whom his or her fathers would call their fathers 'sisters.'

If the propositus be a male he would call all males his 'sons' who are the sons of his brothers or of his potential wives, and the sisters of these sons are his 'daughters.' If the propositus be a female person she would call all children of her sisters her 'children', because their father is or

G-3 APPENDIX G

their fathers are her potential or actual husband or husbands; and site would call those males her 'nephews' who are the sons of her brothers, and the daughters of her brothers would be her `nieces.'

If the propositus be a male, he would call his sister's son his 'nephew' and her daughter his 'niece'; but whether male or female, the propositus would call all finale and female persons who are the children of his sons, daughters, nephews, or nieces,' 'grandchildren'; and, in like manner, he or she would call all men 'uncles' whom his or her mothers would call their 'brothers', and would call all female persons 'aunts' who are his or her father's sisters as well as those who are the wives of his or her uncles. But the father's sisters' husbands of a male person are his brothers- in-law, because they are the actual or potential husbands of his sisters; and when the propositus is a female person they are her actual or potential husbands.

Any female person whom a man's own wife calls 'elder sister' or 'younger sister', her father's sister, or her brother's daughter is his potential wife.

Any male person whom a man's wife would call 'elder brother' or `younger brother' is his brother-in-law; also any other male person who is the brother of his wife's niece or of his brother's wife. But his wife's father's brother is his grandfather, not his brother-in-law, although his sister is his potential wife. When his brother-in-law is the husband of his father's sister or of his own sister, his sister is his grandchild, and not his potential wife. A male person is the brother-in-law of a man if he be the husband of the sister of the other's father, since that man could marry his (the other's own) sister, but his aunt's husband is not his brother-in-law when he is his own uncle or his mother's brother. Any male person is the brother-in-law of the man whose sister is his wife. But since his sister's niece's husband is his sister's potential or actual husband, he is his son-in-law, because he is his daughter's husband.

A male or female person would call any male person his or her 'son-in-law' who is the husband of his or her daughter, niece, or grandchild, and his father is his or her son-in-law. When a male person or a female person would call the father of his or her daughter-in-law his or her 'grandfather,' her brother is his or her grandson.

A male or female person would call any other female person who is the wife of his or her son, nephew, or grandson, his or her 'daughter-in-law'; and the mother of his or her son-in-law is so called by him or her.

The father, mother's brother, or grandfather of a man's wife, of his potential wife, or of his daughter-in-law (the last being the wife of his son, nephew, or grandson) is the grandfather (or father-in-law) of that mail. Any female person who is the mother, mother's sister, or grandmother of a man's wife, of his potential wife, or of his daughter-in-law (a wife of his son, nephew, or of his grandson) is the grandmother (or mother-in-law) of that, man.

By the institution of either the clan or the gens system of determining and fixing degrees of relationship, kinship through males or through females acquired increased importance, because under either form of organization it signified 'clan kin' or 'gentile kin' in contradistinction to non- gentile kin. The members of either were all organized body of consanguinei bearing a common

G-4 APPENDIX G

clan or gentile name, and were bound together by ties of blood and by the further bond of mutual rights, privileges, and obligations characteristic of the clan or the gens. In either case, 'clan kin' or 'gentile kin' became superior to other kin, because it invested its members with the rights, privileges, and obligations of the clan or gens.

Where a man calls his mother's sister 'mother', and she in turn calls him her 'son', although she did not in fact give him birth, the relationship must in strictness he defined as a marriage relationship and not as a blood relationship. Under the clan or the gentile system of relationships kinship was traced equally through males and through females, but a broad distinction was made between the paternal and the maternal kindred, and the rights, privileges, and obligations of the members of the line through which descent was traced were far more real and extensive than were those of the other line. Among North American Indians kinship through males was recognized just as constantly as kinship through females. There were brothers and sisters, grandfathers and grandmothers, grandsons and granddaughters, traced through males as well as through females. While the mother of a child was readily ascertainable, the father was not, but because of this uncertainty, kinship through males was not therefore rejected, and probable fathers, probable brothers, and probable sons were placed in the category of real fathers, real brothers, and real sons.

Matrilineal Perspective

Conversely, while conditions varied from tribe to tribe, many Indian societies were and still continue to be matrilineal. The line of descent is through one’s mother which conveys a great amount of power. Some Indian cultures are also matrifocal—the mother role is culturally elaborated, valued and structurally central and matri-local—the daughter takes the husband to live at her mother’s home. In these societies, Indian women as individuals and groups had a great deal of power and authority over their lives and held various leadership roles. Men and women worked in partnership—there were tasks for men and women, and both were valued by the other and vital to survival. In many Indian cultures, women have a certain presence and control over tribal affairs although it may not be visible (Verble, Walton, 1983).

V. Resources • Herskovits, Melville J., Cultural Dynamics. 1967. Alfred A. Knopf, New York.

G-5 APPENDIX H MODULE 8 – LAWS AND TREATIES APPENDIX H

Module 8

I. Topic: Laws and Treaties

III. Learning Objectives. Laws and treaties will cover the laws and treaties that have affected Native American Tribes. Specific objectives for this module are: • Participants will understand history of US and Tribal relations • Participants will understand the treaties that were entered into during the different eras of treaty development. • Participants will learn about the creation of tribal trust lands and federal government responsibilities.

IV. Content.8

Policies Regarding American Indians

Pre-Constitution Policy (1533-1789)

• Administrators of British and Spanish colonies negotiated treaties with Indian tribes. Treaties are agreements between two sovereign governments, and are considered to be the supreme law of the land. • These treaties had the effect of according tribes an equivalent status to that of the colonial governments.

The Formative Years (1789-1871)

• The new U.S. government assumed the role of the British and Spanish governments in making treaties with Indian tribes. U.S.-tribal treaties are indexed in international law publications with treaties made by all other nations of the world. • Federal policy instead of state policy dominated because the United States Constitution specified in the in Article 1, Section 8 (Commerce Clause) that "The Congress shall have the power to. [t]o regulate Commerce with foreign nations and among the several states, and with the Indian tribes." • The Marshall Trilogy (Johnson v. McIntosh - 1823; Cherokee Nation v. Georgia - 1831; Worcester v. Georgia - 1832) handed down by the Supreme Court further defined the relationship tribes had with the U.S. government, and established the doctrine of federal trust responsibility.

8 The goal of this module is to inform Corps of Engineer employees of laws and treaties that have affected American Indians and their governments. There may be material included in this module that does not reflect the views of the U.S. Army, Corps of Engineers, but the intent is to teach the American Indian perspective and allow the employee to compare it to their personal view.

H-2 APPENDIX H

The Era of Allotment and Assimilation (1871-1928)

• The U.S. quit making treaties with tribes during this time. One of the reasons for this was that treaty-making was seen as an impediment to the assimilation of Indians into "white" society. • To encourage assimilation, Congress passed the General Allotment Act of 1887 (also called the Dawes Act). This act changed the communal ownership of tribal lands to individual ownership. Each Indian male over 18 year old was given an allotment of acres and the rest of the tribal lands, considered to be "excess," were sold to non-Indians. • The Indian Citizenship Act was passed in 1924. This granted Indians United States citizenship for the first time.

Reorganization Era (1928-1945)

• The Merriam Report of 1928 set the tone for reform. It declared allotment to be a complete disaster. • The Indian Reorganization Act of 1934 set up Reservation Business Councils to govern tribes, and provided for the adoption of constitutions and the granting of federal charters.

Termination Era (1945-1961)

• Legislation passed that called for a reversal of the tribal self-government movement previously endorsed and called for an end to the trust relationship between federal and tribal governments. • This resulted in the termination of more than 50 tribal governments. The federal government simply no longer recognized them as Indian nations. • Public Law 280 passed in 1953, gave six states mandatory and substantial criminal and civil jurisdiction over Indian country. The states included were Alaska (except for Metlakatla Reservation), California, Minnesota (except Red Lake Reservation), Nebraska and Oregon (except Warm Springs Reservation). Ten other states also opted to accept some degree of P.L. 280 jurisdiction. They are: Arizona, Florida, Idaho, Iowa, Montana, Nevada, North Dakota, South Dakota, Utah and Washington.

Self-Determination Era (1961-present)

• The abuses of the termination era led to reforms. This period has been characterized by expanded recognition of the powers of tribal self-government. • Important legislation includes: Indian Civil Rights Act of 1968, Indian Self-Determination and Education Assistance Act of 1975, Indian Child Welfare Act of 1978, American Indian Religious Freedoms Act of 1978 and Native American Graves Protection and Repatriation Act of 1990.

Overview of the Creation of Tribal Trust Lands

During the 1870s, the U.S. Congress passed a law that prohibited treaty-making, and an executive order created reservation shortly thereafter. The U.S. government believed the federal government must take care of the land for Indian people, as the government believed Indian

H-3 APPENDIX H

people could not adequately care for land. Therefore, the federal government owned the land and held it in "trust" for a particular band or tribe. The Bureau of Indian Affairs has been the primary instrument for carrying out trust responsibilities, located in the Department of the Interior. Management of lands and other resources including water and mineral rights is a big portion of the Bureau activity. Because the federal government is the legal titleholders of all trust land, it is involved in all leases and other dispositions of these assets. Over the years the Bureau has been subject to repeated and bitter criticism.

The federal relationship with tribes dramatically changed at the U.S. followed Manifest Destiny westward. In the pursuit west tribes lost their land and resources. This moved tribal government’s into dependent domestic nations, as domestic nations within another nation the federal government has a responsibility to protect the interests of Indians. This Trust Relationship requires the U.S. government to meet its obligations and in theory exists to protect tribes and individual Indians. Therefore, the federal government still has a responsibility to honor agreements and treaties.

It is important to note that trust responsibilities arise out of nationhood of trines, but also applies to individual Indians. This is unlike sovereignty and sovereign immunity, which can only be applied to nations. The federal trust reasonability is the most important concept of tribal relations. Trust responsibilities affect everything the federal government is involved in, from education and health care to trust lands and the Bureau of Indian Affairs. Trust responsibility has come under challenge by Congress as budget cuts have reduced services guaranteed to tribes through treaties. Trust responsibilities are enforceable under the trust doctrine. However, the federal government has often acted inconsistently with and in opposition to the principles of trust doctrine, leaving the public and many tribes confused. Because the federal government has so much control over the resources of Indian nations and individual Indians, the trust doctrine is implied in dealings even if not implicitly stated. Many Indians have been reexamining trust responsibility too, and finding that the federal government has not lived up to its principles. In just one example, the Bureau of Indian Affairs mismanagement and complete lack of accounting of funds has resulted in the disappearance of billions of dollars of Indian money.

Treaties

When the Europeans began settling the United States they formed treaties with Indian tribes for terms of peace in exchange for land. From the first treaty with the Delaware in 1787 until the end of treaty making in 1871, hundred of agreements were entered into between the federal government and various Indian tribes. Provisions of the treaties differed widely, but most of them included a guarantee of peace, delineation of boundaries, and a statement that the tribes recognized the authority of the United States government.

H-4 APPENDIX H

Even when tribes possessed some powers the treaty making process was disadvantageous for tribes. Treaties were written in English, and their terms were often explained inexactly to the Indian signatories. The very concept of land ownership and governmental regulation was foreign to tribes.

Never the less important rights were guaranteed to tribes by treaty, and many of these rights continue to be enforceable. United States v. Washington 1998 ruled that rights secured by treaty today include ownership of Indian lands, hunting and fishing rights, and entitlement to certain federal services such as education or health care.

Treaties with tribal governments are essentially like treaties with foreign nations. Because they are made pursuant to the Constitution, they take precedence over any conflicting state laws. Treaties maybe abrogated unilaterally by Congress. Indian treaties are like statutes so Congress can pass subsequent status inconsistent with the provisions of the treaty, the statute will control the treaty abrogate, at lest to the extent of inconsistency.

V. Resources • VanDevelder, Paul. Coyote Warrior-One Man, Three Tribes, and The Trial That Forged A Nation. 2004. Little, Brown and Company. Time Warner Book Group, New York, NY. • www.achp.org, October 2006. • www.puffin.creighton.edu, October 2006.

H-5 APPENDIX I MODULE 9 – COMMUNICATION WITH TRIBES

APPENDIX I

Module 9

I. Topic: Communication with Tribes

III. Learning Objectives. Communication with the tribes will cover the current consultation and activities that we have going with all the tribes. • Participants will learn how to communicate with tribes. • Participants will understand the cultural differences and how it affects communication • Participants will understand the role of consultation in communicating with Tribal governments. • Participants will understand the role of federal preservation law and the programmatic agreement in effectively communicating with Tribes.

IV. Content9.

Tribal Consultation

The United States has a unique legal and political relationship with Indian tribes and a special relationship with Alaska Native entities as provided in the Constitution of the United States, treaties, and federal statutes. These relationships extend to the federal government’s historic preservation activities, mandating that federal consultation with Native American tribes be meaningful, in good faith, and entered into on a government-to-government basis (Deloria, V., Stoffle, R.,1998).

Consultation is a term that is commonly used to describe a process by which American Indian peoples with traditional ties are identified and brought into discussions about cultural resources on DoD or military-affected lands. Consultation involves a fundamental decision on the part of the DoD to share some decision-making with American Indians. American Indians are asked to share in the decision to identify resources needing protection. American Indian peoples are also asked to share in the decision to prioritize which cultural resources will be protected first. Tribes are asked to share in the decision to select from among a variety of management practices those that most appropriately protect the cultural resources in the context of other resource uses, and are asked to share in the long-range planning and monitoring of these cultural resources and lands that hold them (Deloria, V., Stoffle, R.,1998).

9 The goal of this module is to inform Corps of Engineer employees about communication with American Indians and their perspectives. There may be material included in this module that does not reflect the views of the U.S. Army, Corps of Engineers, but the intent is to teach the American Indian perspective and allow the employee to compare it to their personal view.

I-2 APPENDIX I

According to scholars who study consultation (Dobyns 1951; Cernea 1991; Parenteau 1988: 5- 10), the quality and success of the consultation process depends directly on the degree to which decision-making power is shared. Arnstein's (1969) studies demonstrate that any consultation process can be characterized as falling on a scale from 1 - 8 where participation without shared power is called manipulation and where sharing power even to the point of negotiating with the agency is called partnership. The primary decision that a DoD installation must make is how much decision-making power can be and will be shared with Native peoples. Once the range of decision-making sharing is established, it should be clearly identified at the outset of the consultation so that it can become a part of the tribal people's decision to participate in the consultation (Deloria, V., Stoffle, R.,1998).

Forms of Consultation

More and more U.S. Federal agencies (including the DoD) are becoming involved in general consultation with American Indians. This establishes a permanent relationship with groups who have cultural ties to the lands and resources managed or affected by the Federal agency or DoD installation. General consultation should be based on extensive research concerning cultural resources that Native groups identify as being located on lands of concern. Cultural resource studies should consider at least the following: (1) archaeology sites; (2) petroglyphs; (3) human burials; (4) traditional cultural properties; (5) plants; (6) animals; (7) minerals; and (8) water. Cultural resource studies also can consider impacts to Native American cultural practices (like a traditional healing ceremony) that are not tied to specific places. Each of these cultural resources should become the subject of a separate study so that native groups can send persons with special knowledge about the topic. General consultation should be based on a strong information foundation (Deloria, V., Stoffle, R.,1998).

Consultation is the only way to build true and stable partnerships between U.S. Federal agencies and American Indians. Often project-driven environmental assessments bring Federal agencies and tribal people together, and afterwards they decide to move to general consultation as a means of resolving problems before projects precipitate specific cultural resource decisions. American Indians approach cultural resource management from what has been termed holistic conservation (Stoffle and Evans 1990). They respond positively to holistic studies that bring into consideration as many factors as possible, so the DoD can better understand the complex inter-relationship between cultural resources and other aspects of Native life ways. Interestingly, the new U.S. Federal initiative for ecosystem management closely reflects the philosophical orientation of American Indians. According to Vice President Gore "... some people now define themselves in terms of an ecological criterion rather than a political subdivision." For example the people of the Aral Sea and the Amazonian Rain Forest define themselves in terms of these all important ecosystems. In March of 1994, eighteen U.S. Federal agencies demonstrated their ecosystem management activities to the U.S. Congress. American Indians have responded in a positive way to Federal agencies that are willing to consider cultural resources from an ecosystem perspective (Deloria, V., Stoffle, R.,1998).

The nature of the relationship between American Indian people, culture, and the land is inherently special. The concept of culture implies that a phenomena (1) is shared in that it represents a consensus on a wide variety of meanings among members of an interaction

I-3 APPENDIX I

community; (2) that it is connected and ultimately comprehensible only as a part of a larger organization of beliefs, norms, and values; and (3) that people who share a culture make sense of new information in terms of a cultural rationale which is founded on a single collective formula. Simply put, the connection between American Indians and lands held or affected by DoD installations is abstract, complex, and non-trivial. Assessing this relationship is best accomplished by professionals trained in the study of cultural systems, in consultation with potentially culturally affiliated American Indian people (Deloria, V., Stoffle, R.,1998).

Most laws, regulations, and guidelines that cause Federal land-holding agencies to consult with Native Americans do not define what is meant by the term cultural affiliation. Some laws do define this concept; for example, the term is defined very specifically by the Native American Graves Protection and Repatriation Act. It is important to note that when a DoD installation adopts a broad definition of cultural affiliation for most kinds of cultural resource studies they can still narrow the consultation process when needed for NAGPRA and then resume American Indian interactions based on the broader definition. Flexibility is needed when establishing consultation relationships with Native Americans (Deloria, V., Stoffle, R.,1998).

Federal Policy

On September 23, 2004, President George W. Bush issued Executive Memorandum Government-to-Government Relationship with Tribal Governments recommitting the federal government to work with federally-recognized Native American tribal governments on a government-to-government basis and strongly supporting and respecting tribal sovereignty and self-determination.

Mandates for the federal government’s unique policies and relationship with American Indian tribal governments are also codified in several Executive Orders:

• Executive Order 13007 Indian Sacred Sites, issued by President Clinton in 1996, directed federal agencies to accommodate access to and ceremonial use of Native American sacred sites by Native American religious practitioners, as well as avoid adversely affecting the physical integrity of such sacred sites. • Executive Order 13175 Consultation and Coordination with Indian Tribal Governments, issued by President Clinton in 2000, recognized tribal rights of self- government and tribal sovereignty, and affirmed and committed the federal government to a work with Native American tribal governments on a government-to-government basis.

Tribes and Historic Preservation Law

Preservation and protection of Native American historic resources, at least archeological resources, dates back to at least the Antiquities Act of 1906, usually seen as the first federal historic preservation law in the United States. More recent federal historic preservation laws mandate Native American tribal government involvement and consultation. These include:

I-4 APPENDIX I

• The Native American Graves Protection and Repatriation Act (NAGPRA), passed in 1990, provides a process for museums and federal agencies to return certain Native American cultural items –-- human remains, funerary objects, sacred objects, and objects of cultural patrimony –-- to lineal descendants, culturally-affiliated Native American tribes, and Native Hawaiian organizations. Under Section 3 of the law, repatriation is mandated for Native American cultural items excavated or discovered on federal land after November 16, 1990.

• The Archeological Resources Protection Act (ARPA), passed in 1979, requires federal agencies to consult with tribal authorities before permitting archeological excavations on tribal lands. It also mandates the confidentially of information concerning the nature and location of archeological resources, including tribal archeological resources.

• The American Indian Religious Freedom Act (AIRFA), passed in 1978, affirms a national policy to protect and preserve for Native Americans their inherent right of freedom to believe, express, and exercise the traditional religions of indigenous America, including protecting and preserving access to sacred sites.

• The National Environmental Policy Act (NEPA), passed in 1969, calls for the federal government to invite the participation of any affected Native American tribe in the environmental review process.

• The National Historic Preservation Act (NHPA) of 1966, as amended in 1992, enhanced Native American tribal roles in historic preservation and created the Tribal Historic Preservation Officer (THPO) program. Federal agency obligation to consult with Native American tribal governments under Section 106 of NHPA is described

Omaha District Tribal Consultation with Affected Tribes

In September 2001, the U.S. Army Corps of Engineers, Omaha District (Corps) made the decision to replace the existing Programmatic Agreement for implementation of Section 106 of the National Historic Preservation Act (NHPA), which was signed in 1993.

The existing PA was an agreement between the Corps, the Nebraska, South Dakota, North Dakota and Montana State Historic Preservation Officers (SHPO), and the Advisory Council on Historic Preservation (ACHP). Since the signing of the agreement, a Federal requirement came into effect that required the Corps to involve the Native American Tribes within the Missouri River Basin on the implementation of the Cultural Resources Program in the Omaha District, which is the upper Missouri River Basin.

As a result of this decision the Corps decided to follow a three-phase process to complete a new Programmatic Agreement for the Operation and Management of the Missouri River Main Stem System (hereafter called the “new PA”). The three-phase approach would include early input by interested parties and potential consulting parties. Phase 1 – Early Input, would have special emphasis on obtaining early involvement and participation of the Tribes within the Missouri River Basin. The desired outcome would

I-5 APPENDIX I

be a collaboratively developed preliminary draft new PA. Phase 2 – Consultation. This phase would invite consulting parties to participate in the refinement of the preliminary draft new PA that was developed as a result of Phase 1. Through consultation with those invited parties a final draft new PA would be completed during Phase 2. Phase 3 – Public Involvement and Signing. This phase made would make the final draft new PA available for public comment, incorporate accepted comments and offer consulting parties the opportunity to sign the agreement. At the completion of this three-phase process we anticipate that a new PA would be complete and ready for implementation.

The District and the consulting parties signed this agreement on April 13, 2004. The final PA included twenty-eight signatories; two federal agencies, sixteen tribal governments, two tribal historic preservation officers, four state preservation officers, one state agency and one private organization

Programmatic Agreement for the Operation and Management of the Missouri River

Review and response requirements stipulate the Corps shall afford the Affected Tribes and THPOs, SHPOs, ACHP, and other consulting parties no less than 30 calendar days from receipt of a complete consultation request to respond to a Corps communication. A complete consultation request shall include information that the party determines is needed to make an informed decision on the matter. Should any Affected Tribe or THPO, SHPO, or other consulting party not respond within this time limit or other limit specified elsewhere the Corps will document in its records when consultation was requested and the non-response. Unless an Affected Tribe or THPO, SHPO, or other consulting party responds in writing that it does not wish to consult at all on the proposed undertaking or matter, the Corps shall assume that the party wishes to continue consulting on subsequent requests related to that initial undertaking or matter. Failure to respond will not be construed as either concurrence or non-concurrence.

To promote effective and meaningful consultation, the Corps shall notify the Affected Tribes and THPOs, SHPOs, ACHP, and other consulting parties of the need to consult on the various matters soon as possible and pre-decisionally as follows:

• Provide a notification letter with information about the proposed undertaking or matter to each representative. • Follow-up via telephone with the PA representative after distributing the notification letter to establish person-to-person contact. • Provide further information as needed for the representative to make an informed judgment and input. • Provide draft agendas, request input from representatives, and finalized the agenda based on input. • Coordinate consultation with requirement for other legal bases to the extent possible and inform representatives of all information.

Cross-cultural Communication

I-6 APPENDIX I

When our actions are truly grounded in the intentions to understand others, we can be much more effective. Knowing techniques for communicating across cultures is valuable. Yet these cannot take the place of the sincere desire and commitment to create understanding. If you truly see the value of cultural diversity, you can discover and create ways to build bridges to other people.

Know about other cultures.

Back up your desire with knowledge. People from different cultures read differently, write differently, think differently, eat differently, and learn differently than you. Knowing this, you can be more effective with others. Cultures differ in many dimensions. There are differences in the way people perceive and learn information. There are different learning styles, communication styles, relationship styles and other styles. As an example, let’s us look at the relationship between analytic and relational styles.

Most of our schools favor individuals with an analytical style. These individuals learn abstract concepts easily and are adept at reading, writing, and discussing ideas. They can learn parts of a subject even if they don’t have a view of the whole. Often these individuals are self-directed, and their performance is not affected by the opinions of others. A bias toward the analytical style tends to exclude individuals with a relational style. Individuals with a relation style learn by getting the big picture of a topic before the details. They learn better initially by speaking, listening, and doing, rather than by reading or writing. These individuals prefer to learn about topics that relate to their concerns or about topics presented in a likely, humorous way. In addition, they are influence by the opinions of people they value and respect. All these things point to a unique learn style.

Differing styles exist in every aspect of life—family structure, religion, relationships with authority and more. American Indians might avoid confrontation and seek mediators to resolve conflict. People from certain Asian cultures might feel it’s rude to ask questions. Knowing about such difference can help you avoid misunderstanding.

Today there is a wealth of material about cultural diversity. Begin with an intention to increase your sensitivity to other cultures. Be willing to ask questions and share ideals with all kinds of people. You can learn something valuable from anyone when you reach out and begin a conversation.

Other ideas: Gain skill in communicating across cultures; Be active—make efforts to raise your cultural awareness of others; Look for common ground; Assume difference in meaning; Look for individuals, not group representatives; Get inside another culture; Find a translator, mediator, or model; Celebrate your own culture; Ask for help; and Point out discrimination.

Cultural Competency/Cultural Sensitivity/Awareness

The idea of more effective cross-cultural capabilities is captured in many terms similar to cultural competence. Cultural knowledge, cultural awareness, and cultural sensitivity all convey the idea of improving cross-cultural capacity, as illustration in the following definitions: Cultural Knowledge: Familiarization with selected cultural characteristics, history, values, belief systems,

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and behaviors of the members of another ethnic group. Cultural Awareness: developing sensitivity and understanding of another ethnic group. This usually involves internal changes in terms of attitudes and values. Awareness and sensitivity also refer to the qualities of openness and flexibility that people develop in relation to others. Cultural awareness must be supplemented with cultural knowledge. (Adams, 1995). Cultural Sensitivity: Knowing that cultural differences as well as similarities exist, without assigning values, i.e. better or worse, right or wrong, to those cultural differences (National Maternal and Child Health Center on Cultural Competency, 1997).

However, cultural competence, is defined as a set of congruent behaviors, attitudes, and policies that come together in a system, agency, or among professionals, and enables that system, agency, or those professionals to work effectively in cross-cultural situations (Cross, Bazron, Dennis, & Isaacs, 1989). Operationally defined, cultural competence is the integration and transformation of knowledge about individuals and groups of people into specific standards, policies, practices, and attitudes used in appropriate cultural settings to increase the quality of….services (Davis, 1997). Cultural competency emphasizes the idea of effectively operating in different cultural contexts. Knowledge, sensitivity, and awareness do not include this concept. “This is beyond awareness or sensitivity” (Benjamin, 1997).

Cultural Diversity

Values- A principle, standard or quality considered worthwhile or desirable. Traditional values for American Indian tribes are different from the dominant society. It is difficult to generalize for all tribes, but it is not impossible. There are core values which Indian authors have written about. Keep in mind that there are exceptions to every generalization. There is a diversity of individuality within all groups of people and while some individuals have assimilated and follow an Anglo lifestyle there are some individuals who prefer to hold strictly to traditional values and customs. Each individual develops a set of values throughout their lifetime. These values are set at an early age and continue to be developed through interacting with others within the family, school, social organizations, and community. Although there are many common values that all people share (i.e. respect, honesty, etc.) the American Indian tribes have values that differ from the dominant society. Some of these principles and qualities are discussed in the next section.

Cultural Traits of American Indians

To be in balance with all life forms in the universe is a concept that is central to the Indian perspective. While all life forms retain their individual function and special place they are dependent on and share in the growth and work of everything else. An individual’s behavior demonstrates one’s understanding of the balances that exist in the natural world. For example, if there is a sickness or hardship, it is believed that the balance of harmony has somehow been upset, and some type of action must be taken to get back in harmony or balance. The dominant society asserts their mastery over the natural world, including humans, animal, plant and mineral kingdoms. This is in direct contradiction to the interdependence and harmony of the Indian perspective.

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Non-Verbal Skills vs. Verbal Skills

Verbal skills are greatly admired by the dominant society. All American Indian societies recognize the value of and need for tribal orators and historians, but talking just for the sake of talking is not encouraged. Indians stress the feeling or emotional component rather than the verbal in social interactions. Ideas and feelings are conveyed through behavior and speech, rather than speech alone. There is also a silent language still “spoken” between Indians; words do not always have to be used. When American Indian women do not engage in small talk, they are viewed erroneously as shy, withdrawn, unsociable or disinterested. While Indians often speak slowly, quietly and deliberately, dominant society behavior encourages rapid manipulation of words, usually in great quantity, to make a point. Among non-Indians, it is considered essential to have strong verbal skills to be able to out-talk or out-argue another.

Since the dominant society generally values speaking over listening, their children learn early in life to speak up and state their opinions. There may be additional emphasis placed on the importance of one’s own thoughts, rather than on the thoughts, opinions and needs of others.

Because American Indian people developed their listening capability to a fine degree, many possess a keen sense of perception which quickly detects insincerity in others. Many American Indian groups simultaneously retain sharp observational skills. In contemporary society, Indian people easily perceive non-verbal messages and signals. These skills (listening, observation, and the careful use of words) would be great assets to the contemporary society.

In a similar manner, American Indians entering the political arena and other business fields may sense an inner conflict about needing to appear open, friendly and verbose with complete strangers. Most Indian people exhibit a sense of reserve and personal caution, particularly when among Anglo-Americans. The caution often stems from past experiences and a lingering hesitancy about how they will be treated by non-Indians.

American Indian Perceptions of Time

Another cultural difference that may influence American Indians involves their perception of time. They jokingly refer to “Indian time,” but it is true that the traditionally-held Indian view of time differs radically from that of Anglo society. To American Indian people, time may be described as flowing, as always being with us, rather than as begin forever fleeting.

Many Indian languages contain no word equivalent to time. To the Anglo work world, time is the most important factor; in fact, “time is money.” Time is fixed by the clock. If American Indians have not yet learned to adjust to the Anglo view of time, they may have a difficult time working with and among them.

American Indian Orientation to Present

Many American Indian people have been described as living primarily in the present. This behavior may result from having lived in nature where one sought one’s needs daily. It may also be closely tied to the philosophy that one should be more interested in being as opposed to

I-9 APPENDIX I becoming. Often school counselors complain of difficulties working with American Indian youth and getting them to think about their future. American Indians may been to remind themselves and others that their ancestors usually thought at least five generations into the future. They may need to reorient themselves, including the children, to thinking and planning along those lines.

Matrilineal Perspective

V. Resources

• Deloria, V., Stoffle, R. (1998). Native American Sacred Sites and the Department of Defense. University of Colorado and Arizona. Submitted to the United States Department of Defense Washington D.C. • Verble., Walton, F. (1983) Ohoyo Training Manual. Ohoyo Resource Center. Texas. • National Historic Preservation (2005) Tribal Consultation—Best Practices In Historic Preservation. Retrieved December, 2006, from Website: //www.nathpo.com • U.S. Army Corps of Engineers, Programmatic Agreement for the Operation and Management of the Missouri River Main Stem System in Compliance with the National Historic Preservation Act, as amended. April 2004. • Advisory Council on Historic Preservation, Section 106, National Historic Preservation Act, 1966.

I-10 APPENDIX J CULTURAL RESOURCES TRAINING ENCAMPMENT

APPENDIX J

[To be completed at a later date]

J-2 APPENDIX K HUNTING AND FISHING LICENSE INSERTS

APPENDIX K HUNTING AND FISHING LICENSE INSERTS

[Insert Completed Products Only]

APPENDIX L INFORMATIONAL BROCHURES AND PAMPHLETS

[Insert Completed Products Only]

APPENDIX M TEACHERS GUIDE – MIDDLE SCHOOL

APPENDIX M

[To be completed at a later date]

APPENDIX N TEACHERS GUIDE – ELEMENTARY

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Lesson 1.1 WATER CONNECTS US

Subjects: science, social studies, language arts. Skills: knowledge, comprehension, application, synthesis, evaluation. Strategies: discussion, problem solving, writing. Duration: 30 minutes each day until magazine activities are completed. Class Size: any

Objective

In their study of the Missouri River, students will use the magazine and the activities to learn about the river and early Native American that lived along the river.

Materials

Magazine; “Native Waters” magazine for each student.

Vocabulary

Missouri River: Name originated from Native American tribe with the same name and means People With Wooden Canoes.

Headwater: Source of Missouri River.

Sediments: Bits of rock and soil.

Mouth: End of a river.

Precipitation: Moisture from rain and snow.

Elevation: Height at sea level.

Tributaries: Small rivers that flow into the Missouri River, also called watershed or basin.

Snowpack: Nature’s storage system, snow piles up and when it melts in the spring it flows into the river.

Hydrograph: Is a measurement of river flow at one place over a period of time.

Meandering: Free flowing and winding river.

Hydropower: Electricity produced by water.

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Sustainable Development: Water management that does not damage the watershed.

Tribal Names of the Missouri River Basin

Hinno’einoo: Tribal name “Arapaho People”, tribe named the Northern Arapaho

Sahnish: Tribal name “The People”, tribe named Arikara.

Nakoda: Tribal name “Those Who Cook With Heated Stones”, tribe named Assinibione

Pikuni: Tribal name “Far Off Spotted Robes”, tribe named Blackfeet.

Tse-tse-hes-sta-hasa: Tribal name “The People”, tribe named Cheyenne.

Anishininabe: Tribal name “The People”, tribe named Chippewa.

Little Shell Tribe of Chippewa: Tribal name “The People”, tribe named Chippewa.

Nay-he-owahn: Tribal name “Four Bodied People”, tribe named Cree.

Ap-saa-loo-ke: Tribal name “Children of the Ravens”, tribe named Crow.

Mesquaki: Tribal name “People of the Red Earth”, tribe named Fox.

Ah-Ah-Nee-Nin: Tribal name “White Clay People”, tribe named Gros Ventre.

Hidatsa: Tribal name “Row of Lodges, People of Willows”, tribe named Hidasta.

Iowa: Tribal name “Dusty Nose, Grey Snow, Sleepy”, tribe named Iowa Tribe of Kansas and Nebraska

Kicwigpawa: Tribal name “He Who Moves About”, tribe named Kickapoo.

Mandan: Tribal name “River Dwellers” tribe named Mandan.

Umonhon: Tribal name “People Against the Current”, tribe named Omaha.

Ponka: Tribal name “Forehead/ Sacred Head”, tribe named Ponca.

Potawatamink: Tribal name “People of the Fire”, tribe named Potowatomi

Asakiwaki: Tribal name “People of the Yellow Earth”, tribe named Sac.

Newe: Tribal name “The People:, tribe named Eastern Shoshone.

Lakota, Dakota, Nakota: Tribal name “Ally, friend”, tribe named Sioux.

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Ho-chunk: Tribal name “People of the Real Voice”, tribe named Winnebago.

Background

The Missouri River is the longest river in the United States flowing 2,619 miles from its headwaters in Three Forks Montana to its mouth in St. Louis Missouri. The water in the river comes from rain and snowmelt that flow from lands along the rivers course. Smaller rivers called tributaries also flow into the Missouri River. Together these lands and tributaries are called a watershed or basin. The watershed or basin of the Missouri River includes all or part of ten states and a small bit of two Canadian provinces.

The Missouri River once was a free flowing river which would periodically flood, destroying farm land and towns along the banks. A large flood in 1943 destroyed several towns and farm land along the banks of the river. A plan was developed by the U.S. Army Corps of Engineers, headed by Brig. General Lewis Pick, which emphasized flood control and navigation for barges and boats. Another plan was also developed by the U.S. Bureau of Reclamation, headed by William Sloan, which emphasized irrigation, hydroelectric power, fish and wildlife habitat, and recreation. President Franklin asked the two federal agencies to develop a compromised plan to manage the Missouri River.

The Flood Control Act of 1944 (also referred to as the Pick Sloan Act) emerged and became the largest public works project in United States history. The Missouri River is now managed for multiple water uses. An important function of the dam system is the management of the river. Water managers monitor the water flows and the quality of the water. This helps the managers and elected officials make important decisions about the river. Precipitation feeds the Missouri River as snow accumulates during the winter months and begins to melt in April through July. A reservoir behind each dam stores millions of gallons of water.

About ten million people live along the river in large cities and on Native American reservations today. However, there is a long history of inhabitants along the river, which dates back long before Lewis and Clark explored the area. Each tribe that lived along the river had its own unique culture. Tribal Peoples traveled and lived along the banks of the river along time before Europeans came. Tribal Peoples have many Spiritual beliefs which vary among the tribes along the Missouri River, but an overarching concept of an interconnected and linked universe is prevalent among tribal spiritual beliefs. For instance animals are respected and viewed as an equal, even though they are hunted for food. Mitakuya Owasin “All My Relatives” is a Dakota people saying that extends kinship to everything that lives.

Setting the Stage

1. List the Tribal Names of the Missouri River basin on the board. 2. Can hold a class discussion on the different names tribes had and discuss why tribes may have had those names.

Procedure

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Activity One: Where is the river coming from? 1. Distribute the Native Waters magazine to each student. Write the question “Where is our river coming from Grandpa? Where does is go?” on the board. 2. Have students read out loud Our River the Missouri on pg. 1 “Our river, the Missouri starts at a place in Montana where three smaller rivers the Gallatin, Madison, and Jefferson join together. From that place, the Missouri River travels downstream, through North Dakota, South Dakota, Nebraska, Iowa, Kansas, and Missouri. Our River empties into the Mississippi carries the water the rest of the way to the Gulf of Mexico.” “Our ancestors traveled and traded along the Missouri River a long time before Europeans came. It’s still a blue thread that connects us with people up and down the river. This water belongs to all of us, and we belong to the water. Some say that this water is the milk of Mother Earth.”

3. Discus with students the Native American philosophy of kinship with the earth and write the Chippewa statement, “We are all born in water” on the board. Ask the students to describe what this statement means, and why the Chippewa believe this. 4. Write the Lakota statement, “Mitakuya Oyasin” on the board. Describe to students the Native American belief of an interconnected universe were everything is linked. Humans, animals, insects, and water. Explain to students that even though tribes eat fish they catch in the Missouri River they believe those fish our relatives and the water is the life source of all things. Explain to students that Native Americans believe if one thing in this interconnected system is damaged other things will be affected. 5. Describe the scenario, the class takes a field trip to visit the banks of the Missouri River located at the beginning of the river in Three Forks (have students locate this on the map on page 1). While on the field trip the students sit next to the banks of the river and eat sack lunches they brought with them. After eating their lunches all of the students collect their trash and lineup to place their garbage in a bag, their teacher is holding open. However, one student is in a hurry and does not want to wait in the line with the other students. So the child throws his garbage into the river. 6. Now have the students examine the map and ask them which places on the map the garbage will affect. For instance, if the garbage travels down the whole river it will affect the water, fish, and insects all the way to Missouri. Ask the students to describe possible affects the garbage will have on fish and list them on the board.

Activity Two: What is watershed?

1. Read allowed, “What is a watershed?” box on page one. a. “A watershed is an area of land that drains to a common lake, river, or wetland. It includes not only land and river, but also plants animals, soil, even people and the things we do. The Missouri Rive watershed or basin drains 529,350 square miles, one-sixth of the continental United States.” 2. Have students complete the activity on page 2. Matching the number listed by each tribe to the same number on the map. Ask the students to determine what number they live by.

Closure

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When the students have read the magazine and completed the activities have the class discuss, why water connects us.

Sources

Sochatello-Sawyer, Bonnie., Cohn, Teresa., Frazier, Scott., Mitchell, Beau., Bullock, Duncan, Mitchell, Dusty Rose., Morsette, Ken., St. Pierre, Nate., Killsback, Leo., Concho, Kelly., Barcus, Katie., November 2004. Native Waters: Bozeman, Montana: Project WET International Water Education for Teachers.

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Lesson 1.2 WATER STORIES

Objective

In their study of the Missouri River, students will use the magazine and the activities to learn about the river and early Native American that lived along the river.

Materials

Magazine; “Native Waters” magazine for each student.

Vocabulary

None

Background

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and elected officials make important decisions about the river. Precipitation feeds the Missouri River as snow accumulates during the winter months and begins to melt in April through July. A reservoir behind each dam stores millions of gallons of water.

For many of the tribes along the Missouri River beliefs regarding the river have been passed down to preceding generations for thousands of years through their tribal creation and origin stories, parables and art. Their stories reflect themes of environmentalism, naturalism, and interconnection. The Missouri River is believed to be a sacred life source for many of the tribes.

Examples of these beliefs are found in various creation and origin stories among the tribes. An Arikara story states, all living things were in the womb of mother earth and moved to the surface of the earth. When humans emerged from the earth they did not know how to care for themselves and began to wander the surface of the earth. While wandering several obstacles were put in their way. One of these obstacles was a great body of water (the Missouri River). To overcome this obstacle a bird made a path through the water for the people, but before everyone had made it through the water it closed over them. The people who had been consumed by the water became the fish and other water creatures. A Mandan creation story states, the Missouri River is the site of creation and divided the world into two parts. The south side of the river had hills, springs, and timbered areas. The north side of the river was flat land with lakes, ponds, and had few trees.

Setting the Stage

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1. Ask the student if their family has any family stories that are relayed to everyone in the family? 2. For instance, grandparents may have shared a story about something their parent did when they were the same age.

Procedure

1. Explain to students that Native Americans have stories like these that are passed down for many generations. Then have the students read the story on pages 3 and 4.

“Well in the beginning there was water and many animals. One day Snake, Kingfisher, and Duck challenged each other to dive to the bottom of the lake and bring up a piece of mud and place it on Bear’s back. Snake swam towards the lake bottom first. Down he went. He could see the bottom, but gasping for air, Snake had to return to the surface. Kingfisher flew by. He boasted: By diving from the air, I can make it to the bottom! Down Kingfisher went to the bottom of the lake, but he could not pick up any mud with his thin beak. Duck tried next. He dove into the crystal water. He too reached the bottom, but could not bring up any mud with his short beak. Then Turtle swam by. I’d like to try, he said. Snake, Kingfisher, and Duke laughed. You’re too little, Turtle! But Turtle dove down and down he went until he touched the dark bottom below. With his mouth, he picked up a clump of mud and grass, and then rose exhausted, to the surface of the water. Turtle put the mud on Bear’s back and that mud became the land. As the land got bigger, the animals came to live on land as well as in the water. And that is how everything began from water along with a little help from Turtle.”( Turtle Makes the World A Safe Place to Live, Winnebago)

2. Sharing stories activity on page floor can be completed by students. Have students write or draw a story about water. Explain to students that Native Americans traditionally shared these messages about water through stories and paintings. Explain that Native Elders continue to share these stories today and that is why water is so important. 3. Students can do the homework assignment on page 4. Ask an elder or grandparent what stories they can share with you?

Unscramble the Letter Activity Answer

1. Water 2. Tribal words for water: a. Nec (water) Northern Arapaho b. Sto xo (water) Arikara c. Ohk-Ki (water) Blackfeet d. Mah pe (water) Northern Cheyenne e. Nibi (water) Chippewa f. Nipi (water) Cree g. Xa k aa la wa (water) Crow

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h. Nits (water) Gros Ventre i. Midi (water) Hidasta j. Nee (water) Iowa k. Midee (water) Mandan l. Ni (water) Omaha, Ponca m. Mbish (water) Potowatomi n. Bahh (water) Eastern Shoshone o. Mni (water) Sioux p. Nee (water) Winnebago

Closure

When the students have read the magazine and completed the activities have the class discuss, why it is important to understand different creation or water stories.

Sources

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Lesson 1.3 KEEPERS OF CLEAN WATER

Objective

In their study of the Missouri River, students will use the magazine and the activities to learn about the river and early Native American that lived along the river.

Materials

Magazine; “Native Waters” magazine for each student.

Vocabulary

None

Background

An important function of the Missouri River dam system is the management of the river. Water managers monitor the water flows and the quality of the water. This helps the managers and elected officials make important decisions about the river. Precipitation feeds the Missouri River as snow accumulates during the winter months and begins to melt in April through July. A reservoir behind each dam stores millions of gallons of water.

Setting the Stage

1. Lead a class discussion with students about what they use water for each day. 2. List these on the board.

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Procedure

1. Have students read page 5. “I’m thirsty Grandpa can I drink out of the river?”

“When I was young, we drank water from the river after we filtered it through cloth. Today it is not safe to drink water directly from rivers and creeks. Clean water has always been important to Indian people. Campsites and villages were often located near good sources of water. Today, some rivers are safe unsafe to drink from because they contain high levels of harmful chemicals and organisms that can make you sick. We need to keep our water clean. It is a great gift. Think of all the ways we use water besides drinking it. We use water for cooking, cleaning, bathing, growing crops. tanning hides, weaving baskets, fishing, healing, swimming, celebrating, and in ceremonies.

2. Examine the list the class created and ask students if they can think of anymore ways? Have students design the shield to show the importance of clean water to all living things.

Decoder Alphabet Answer: Respect the Water

Closure

When the students have read the magazine and completed the activities have the class discuss, why it is important to preserve and protect the clean water that we have.

Sources

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Lesson 1.4 GO WITH THE FLOW

Objective

In their study of the Missouri River, students will use the magazine and the activities to learn about the river and early Native American that lived along the river.

Materials

Magazine; “Native Waters” magazine for each student.

Vocabulary

None

Background

Setting the Stage

None

Procedure

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1. Have students read, “Does everyone get their water from the river pages 7 and 8?

“Some people who live in towns are hooked into the community water supply. In our town, community water is pumped from the river through the treatment plant, and then to our house. When water goes through a treatment plant, something’s are taken out of the water, and something’s are put in. For example hard minerals like calcium may be taken out to make the water softer. Chlorine may be added to kill bacteria and fluoride may be added to make your teeth strong. After we use water in our home, it flows through a sewer line to a wastewater treatment plant. Once it is cleaned, it is returned to the river.

2. Have students do activity H2O on the Go Activity box on page 8, through a class discussion answering the questions: What river is closest to your home? Where does the water in your faucet come from? Have them check the right answers in the box. Lead a class discussion answering the following questions: Who did your grandparents get their water when they were your age? Is water pollution a problem where you live?

Closure

When the students have read the magazine and completed the activities have the class discuss, why it is important to share the water with all along the river.

Sources

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Lesson 1.5 DOWNSTREAM DESTINATIONS

Objective

In their study of the Missouri River, students will use the magazine and the activities to learn about the river and early Native American that lived along the river.

Materials

Magazine; “Native Waters” magazine for each student.

Vocabulary

None

Background

Setting the Stage

None.

Procedure

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1. Have students read, “How long have there been dams on the river, Grandpa? What are dams used for?

“Dams were just starting to be built when I was born. The government built them because spring floods made the river flow over of its banks and cut new channels. The government wanted the river to stay put so that people could build houses and factories along the river without being afraid a flood would wash them away. There are good things about the dams, and not so good things. Our house is safe electricity comes from power generated at a dam. We can swim and fish reservoirs, and farmers can use that water to irrigate their crops. But the dams changed the river, and that made it hard for some kinds of birds and fish to live and raise their young. Some of the animals my parents knew are now endangered now. Also dams caused the river to rise over many old village sites and burial places. It is complicated.”

2. Have students break into groups of four to play the Dropping down Stream Game on pages 9 and 10. 3. To play have students cut out four small squares of paper and number them 1 through 4. 4. Put the numbered squares in a bag. 5. Have students use erasers or small stones for game pieces. Use one per player. 6. Players take turns drawing the numbers from the bag and moving their pieces that may squares. Return numbers to the bag after each draw. 7. Players that land on D (dam) squares lose a turn because water slows down and is impounded. The first player to reach the mouth of the Missouri River at St. Louis wins.

Optional Class Activity: Eyes on Science

1. Sprinkle water on a flat pan. Have students answer the following questions:

Question: Why does the water run down?

Answer: Gravity. The same gravity that holds the earth also pulls on water. Downstream is always down hill. Dams use gravity to pull water down through turbines, (like the blades of a windmill) to generate electricity.

Question: What’s the drop?

Answer: The headwaters of Missouri River are at about 4,080 feet of elevation (near Three Forks Montana) and the mouth of the river is about 400 feet (at St. Louis, Missouri) so the river drops 3680 feet from head to mouth. (4,080-400= total drop in feet).

Question: The river is 2,341 miles long from headwaters to mouth, so how many feet per mile does the water drop?

Answer: Total drop in feet divided by total length= overall drop of 1.5719 per mile.

N-17

Closure

When the students have read the magazine and completed the activities have the class discuss the positive and negative affect the dams had.

Sources

N-18

Lesson 1.6 HONORING WETLANDS

Objective

In their study of the Missouri River, students will use the magazine and the activities to learn about the river and early Native American that lived along the river.

Materials

Magazine; “Native Waters” magazine for each student.

Vocabulary

Wetland: An area in which soil is naturally waterlogged. A wetland can be anything from a slight depression in the ground that holds water in certain seasons, to forest swamp.

Background

Setting the Stage

None.

Procedure

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1. Have students read, “Honoring Wetlands,” on pages 11 and 12. Grandpa, look at all the cattails. Why do all these plants grow here?

“This is wetland. The ground is really soft. Plants that like a lot of water grow here, like cattails, willows, bulrushes, sedges, mint, and horsetail. Sometimes the wetland is a nursery for young fish. They live in shallow, quite water until they are bigger. Many kinds of birds like to nest in the wetlands too, and it is a good place to find frogs. A lot of plants that grow here are good medicine and food for people. My mother likes to collect mint for tea. My dad gathers horsetail and uses it to polish his pipe. When they take some plants, my parents always leave an offering in thanks for all wetlands give us.

What else can we do to respect wetlands, Grandpa? Lets start by picking up a piece of trash that someone dropped. This is a good way to show respect. We can also work with people to keep wetlands healthy. In many places along the Missouri, people are protecting wetlands by cleaning them up and making sire they don’t get covered over with roads and buildings. When we get home we can ask the tribe’s natural resources department how we can help.”

2. Have students circle all of the animals and fish who are at home in the wetlands in the picture. Answer 8 3. Lead a class discussion when students are done finding the animals. Ask students why each of the animals identified need water? Then discuss what would happen to each of these animals if the wetland was drained or destroyed?

Optional Class Activity: Make Licorice Tea

What you will need:

2 cups of water (will depend on amount of students, instructions based on two cups)

2 tablespoons of licorice root (available in most health food stores)

Strainer

Instructions:

1. Bring water to boil. 2. Add licorice root and steep for five minutes. 3. Pour tea through the strainer into cups.

Imagine what our grandparents had to do more than a century ago to make a cup of tea, Leon Rattler, a member of the Blackfeet tribe. First you had to go kill an animal, use its bladder, or dry its hide out and make a bag out of it. Then you had to get wood to make a fire. After the fire was started, you had to gather rocks and heat them on a fire. Then you had to haul water, which you put into the bag with hot rocks. It took quite awhile for even a little bit of water to heat up.

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Then you would take roots and leaves that you had gathered earlier and mix them into the water to make tea. So one cup of tea was a luxury.

Closure

When the students have read the magazine and completed the activities have the class discuss, why it is important to preserve and protect the wetlands along the river.

Sources

N-21

Lesson 1.7 COMMON GROUND-COMMON WATER

Objective

In their study of the Missouri River, students will use the magazine and the activities to learn about the river and early Native American that lived along the river.

Materials

Magazine; “Native Waters” magazine for each student.

Vocabulary

Water Rights: Water rights allow a person, tribe, community, business, or government to use a certain amount of water for a specific purpose.

Background

Setting the Stage

None.

N-22

Procedure

1. Have students read, “Common ground- Common Water” on pages 13 and 14.

Who does the water belong to Grandpa? Who takes care of it?

The water belongs to all of us and we belong to the water. We all have to use water wisely so there will always be plenty for people and Mother Earth. We have to keep water clean so we can stay healthy and strong. We share this water with many others. Even though we have the right to use water from the Missouri, no one really owns the water. Water belongs to the Earth and all it beings. It’s good for you to study about water. Someday you can help people up and down the river to learn the best ways to protect the water for the children of tomorrow and their children.

2. Have students complete the water maze activity; “Can you help a raindrop find a clean path to the lake?” Then have students circle everything that is part of the Missouri River watershed.

Answer: Everything in the picture is part of the Watershed.

3. Have students complete the activity, “Beads of Water” have students create their own water symbols or they can d4raw the water symbols found throughout the magazine.

Closure

When the students have read the magazine and completed the activities have the class discuss, what is meant by common ground-common water.

Sources

N-23

Lesson 1.8 DISCOVER THE MISSOURI RIVER

Objective

In their study of the Missouri River, students will use the magazine and the activities to learn about the river and early Native American that lived along the river.

Materials

Magazine; “Discover the Missouri River” for each student.

Vocabulary

Missouri River: Name originated from Native American tribe with the same name and means people with wooden canoes. The longest flowing river in the United States.

Headwater: Source of Missouri River.

Sediments: Bits of rock and soil.

Mouth: End of a river.

Precipitation: Moisture from rain and snow.

Elevation: Height at sea level.

Tributaries: Small rivers that flow into the Missouri River, also called watershed or basin.

Snowpack: Nature’s storage system, snow piles up and when it melts in the spring it flows into the river.

Hydrograph: Is a measurement of river flow at one place over a period of time.

Meandering: Free flowing and winding river.

Hydropower: Electricity produced by water.

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Sustainable Development: Water management that does not damage the watershed.

Background

Setting the Stage

1. List on the board student’s responses to the following: What states does the Missouri River flow through?

Procedure

1. Distribute the “Native Waters, Sharing the Source” magazine to students. 2. Read to each student the Water Connects Us

N-25

Closure

When the students have read the magazine and completed the activities have the class discuss, why it is important to preserve and protect the habitat along the river banks.

Sources

Nelson, Dennis., Etgen, John., Barnes, Savannah. 2004. Discover the Missouri River: Bozeman, Montana: Project WET International Water Education for teachers

N-26 APPENDIX O INTERPRETIVE DISPLAYS

APPENDIX O INTERPRETIVE DISPLAYS

[Insert Completed Products Only]

APPENDIX P CULTURAL RESOURCES VIDEO PROMOTIONAL TRAILER

[Insert Completed Products Only]

APPENDIX Q CULTURAL RESOURCES VIDEO

[To be completed at a later date]

APPENDIX R APPROVED PRESENTERS

APPENDIX R

Corps of Engineers Personnel Training Brown Bag Presentations

Module Appendix Presenter Name Topic Number Number Pemina Yellow Bird The Sacred Missouri River 1 A O’Dell St John The Sacred Missouri River 1 A Clark Zephier The Sacred Missouri River 1 A Cy Moss Pick-Sloan 2 B Kay Gorneau Tribal government Past and Present 3 C Anthony Rivers, Sr. Tribal government Past and Present 3 C Rosolita Roach Main Stem Tribal Governments 4 D Michael Jandreau Issues Facing Tribal Governments 5 E Scott Jones Sacred Lands 6 F Faith Spotted Eagle Sacred Lands 6 F Dana Dupree Kinship Systems 7 G Donovan Sprague Kinship Systems 7 G John Echo Hawk Laws and Treaties 8 H Tom Fredericks Laws and Treaties 8 H Pel Cyger Laws and Treaties 8 H Cy Moss Communications with Tribes 9 I Donna Rae Peterson Multiple All All Mary Lee Johns Multiple All All

Elementary and Middle School Teachers Guides

Name Topic Guide Marilyn Circle Eagle Various Elementary/Middle Dr. Wayne Evans Various Elementary/Middle Dana Dupree Various Elementary/Middle Dr. Ron His Horse is Various Elementary/Middle Thunder Dr. Lynelle Bordeaux Various Elementary/Middle Donovan Sprague Various Elementary/Middle Dr. Jim Garrett Various Elementary/Middle

R-2 APPENDIX S COMMENT AND RESPONSE DRAFT CULTURAL EDUCATION PROGRAM PLAN

APPENDIX S

Cmt. No. Comment Response Commenter: General Comments Received Semi Annual Meeting 1. General: Displays should have main theme and a Agree. See attached Standard defined message: Theme (ST) map. CRST has Example: Don’t Pocket the Past hired GF Advertising to develop potential messages. [ST2] 2. General: Displays should have historical context. Agree. See attached theme map. CRST has hired GF Advertising to develop potential messages. [ST1] 3. General: Display context should address Native Agree. See attached theme map. American Prehistory This is being used to develop displays. [ST1] 4. General: Displays should address destruction to Agree. See attached theme map. Cultural Resources caused by the construction of This is being used to develop the Main-stem system of dams. displays. [ST4] 5. General: Displays should address destruction of Agree. See attached theme map. Cultural Resources and [why it] destroys the past. This is being used to develop displays. [ST2,4] 6. General: Displays should stress that Cultural Agree. See attached theme map. Resources are a non renewable resource. Once they This is being used to develop are lost, it is forever. displays. [ST2,4] 7. General: Displays should have Native American Agree. See attached theme map. historical context. This is being used to develop displays. [ST1] 8. General: Displays should inform the public about Agree. See attached theme map. impacts to Cultural Resources. This is being used to develop displays. [ST1,2] 9. General: Displays should describe natural and Agree. See attached theme map. human impacts to Cultural Resource sites along the This is being used to develop Missouri River. displays. [ST2,4] 10. General: Displays should inform the public about Agree. See attached theme map. cultural resource mitigation efforts to protect This is being used to develop cultural resources. displays. [ST3] 11. General: Displays should inform the public about Agree. See attached theme map. the Programmatic Agreement and Partnerships to This is being used to develop preserve Cultural Resources. displays. [ST3] 12. General: Displays should inform the public about Agree. See attached theme map. Cultural Resource Protection Laws and violations. This is being used to develop displays. [ST2,5] 13. General: Displays should graphically draw the Agree. See attached theme map. public in. CRST has hired GF Advertising to develop potential graphics.

S-2 APPENDIX S

Cmt. No. Comment Response 14. General: Displays should visually represent Native Agree. See attached theme map. American artistry. CRST has hired GF Advertising to develop potential graphics. 15. General: Brochures should correlate with the Agree. See attached theme map. display themes. CRST has hired GF Advertising to develop potential graphics. 16. General: Brochures and Displays should advertise a Agree. See attached theme map. website were the public can receive more CRST has hired GF Advertising information about Cultural Resource preservation. to develop potential graphics. 17. General: A Cultural Resource preservation website Agree. should be established. 18. General: Displays and brochures should have an Agree. See attached theme map. overarching cultural resource protection theme. This is being used to develop displays. [MT] 19. General: Display and brochures should address Agree. See attached theme map. Cultural Resource laws and violations. This is being used to develop displays. [ST2,5] 20. General: Display and brochures should address Agree. See attached theme map. cultural and archeological site destruction caused by This is being used to develop looting. displays. [ST2,5] 21. General: Displays and brochures should inform the Agree. See attached theme map. public about preservation laws and fines. This is being used to develop displays. [ST2,5] 22. General; Displays and brochures should inform the Agree. See attached theme map. public about looting and the different types of This is being used to develop looting. Examples given for profit looters, private displays. [ST2,5] collectors, hobbyist, history enthusiast. 23. General: Displays and brochures should not Agree. See attached theme map. advertise Shared Stewardship because the general This is being used to develop public does not understand the meaning of the term displays. [MT] and it is not easily defined. 24. General: Display and brochure topic theme could be Agree. See attached theme map. Cultural Resource Laws. This is being used to develop displays. [ST5] 25. General: Display and brochures should define what Agree. See attached theme map. a federal undertaking is. This is being used to develop displays. [ST5] 26. General: Brochures should federal undertaking Agree. See attached theme map. effects to Cultural Resources and mitigation efforts. This is being used to develop displays. [ST3,5] 27. General: Brochures should describe past and present Agree. See attached theme map. effects to Cultural Resources. This is being used to develop displays. [ST4]

S-3 APPENDIX S

Cmt. No. Comment Response 28. General: Brochures should tell the story of the Agree. See attached theme map. Main-stem construction and Native American This is being used to develop trauma. displays. [ST1,4] 29. General: Brochures should explain Native American Agree. See attached theme map. history along the Missouri River. This is being used to develop displays. [ST1] 30. General: Brochures should explain Native American Agree. See attached theme map. cultural appreciation of Cultural Resources. This is being used to develop displays. [ST1,4] 31. General: Brochures should describe how the Agree. See attached theme map. destruction of Cultural Resource sites emotionally This is being used to develop effect present day tribal peoples. displays. [ST1,4] 32. General: Brochures should describe the spiritual Agree. See attached theme map. significance of Cultural Resource sites. This is being used to develop displays. [ST1,2,5] 33. General; Brochures should be designed specifically Agree. See Section IV.B.1., for children. page 8. 34. General: Use other resources to convey preservation Agree. message. 35. General: Examine resources that other agencies Agree. have available that teach a preservation message. 36. General: Incorporate resources developed by Three Agree. Pursuing available Affiliated Tribes for the Knife River Village site. information through the NPS and other sources. Commenter: U.S. Army Corps of Engineers, Omaha District 37. General: The current Corps training modules teach Agree. This can be addressed Corps employees tribal history etc. Some modules under the Sacred Lands module. that explain tribal cultural and religious ceremonies should be developed. 38. General: Corps training modules need to be Agree. At a later date more developed that address more of the issues affecting modules can be added and the present day Native Americans. program expanded. 39. General: Elementary and Middle School Teachers Agree. Will add information to Guide should be localized so students learn about guides on where specific local Native American tribal cultures in there specific information can be obtained region. (i.e., Corps website, tribal website links). Appendix M will be removed, revised and provided at a later date. 40. General: Elementary and Middle School Teachers Agree. Appendix R will be Guide should contain a list of approved presenters. expanded to include approved presenters for the curriculum. 41. General: A plan for future educational activities Agree. At a later date these can needs to be developed. be developed.

S-4 APPENDIX S

Cmt. No. Comment Response 42. Brochure 1 (brchr one.doc): Current brochure Agree. See attached theme map. graphics do not draw peoples attention. Graphics CRST has hired GF Advertising should be designed that will draw public attention. to develop brochures and graphics. Appendix L items will be replaced. 43. Brochure 1 (brchr one.doc): Current brochure See response to comment 42. heading “ the removal of artifacts from archeological sites, or vandalism of sites on federally owned or managed property is prohibited by various laws and regulations” is to long and covers various topics. Should be rewritten. 44. Brochure 1 (brchr one doc): Current text box colors See response to comment 42. make it hard to read. Text box color should be changed. 45. Brochure 1 (brchr one doc): Current picture is hard See response to comment 42. to identify, rock image is not clear. Should have a different image. 46. Brochure 1 (brchr one doc): Brochure currently See response to comment 42. does not explain what cultural resources are. Should explain what Cultural Resources are and Native American significance. 47. Brochure 1 (brchr one doc): Text box heading “It’s See response to comment 42. the Law” does not clearly correlate to the rest of the brochure. Headings should be rewritten to state, “cultural resource laws are important, violations of these laws can result in civil and criminal penalties, ignorance of these laws is not a valid defense.” 48. Brochure 1 (brchr one doc): Back brochure page See response to comment 42. does not explain what the Corps hotline is. Should add a section explaining the hotline. 49. Brochure 1 (brchr one doc): Should state that the See response to comment 42. hotline is anonymous. 50. Brochure 1 (brchr one doc): Currently lists too See response to comment 42. many contact numbers, makes it extremely confusing. Should not list all the numbers. 51. Brochure 1 (brchr one doc): Brochure currently See response to comment 42. abbreviates Corps. This should not be abbreviated. 52. Brochure 1 (brchr one doc): Brochure currently lists See response to comment 42. 1-888-No Swipe. Should also have the number format, 1-888- 667-9473.

S-5 APPENDIX S

Cmt. No. Comment Response 53. Brochure 1 (brchr one. doc): Picture of blade is not See response to comment 42. a clear image and there is no description of the blade. If the brochure is going to have pictures of artifacts there should be a explanation of what it is and why it is important. 54. Brochure 1 (brchr one. doc): The section entitled See response to comment 42. What are Artifacts, cultural items and archeological sites? Paragraph under heading is too ling and does not address each of the heading items. This paragraph should be broken up and should address each of the headings. 55. Brochure 1 (brchr one. doc): A new paragraph See response to comment 42. should be inserted to describe how Cultural Resources can be saved. 56. Brochure 1 (brchr one. doc): If this brochure is See response to comment 42. addressing the destruction of Cultural Resources the brochure should explain the destruction; looting, vandalism, encroachment. 57. Brochure 1 (brchr one. doc): Does not clearly define See response to comment 42. what Cultural Resources are and the items these encompass. Definitions should be included. 58. Brochure 1 (brchr one. doc): The brochure does not See response to comment 42. clearly describe what Cultural Resource and Archeological crimes. The brochure should clearly define these. 59. Brochure 1 (brchr one. doc): The brochure does not See response to comment 42. clearly define what Cultural Resource crimes are. A section should be added that defines what the crimes are and ways they are committed. 60. Brochure 1 (brchr one. doc): The brochure describes See response to comment 42. federal and state preservation laws. If state laws are addressed, they need to be broken into a separate section. State laws are all different so it will be difficult to define all the state laws and which ones apply to individual states.

S-6 APPENDIX S

Cmt. No. Comment Response 61. Brochure 1 (brchr one. doc): Combines and See response to comment 42. generalizes federal laws and regulations. Laws and regulations should not be generalized as each one is unique. Should list all the laws and regulations, Title 16 National Historic Preservation Act of 1966 as amended through 1992; Title 16 Archeological Resource Protection, Title 36 Rules & Regulations Governing Public Use of Water Resources Development Projects, Native American Graves Protection & Repatriation Act of 1990, 18 USC 641 Embezzlement & Theft of Government Property, 18 USC 1361 Injury to Government Property, 18 USC 371 Conspiracy to Commit Offense, 18 USC 2 Principles,American Indian Religious Freedom Act of 1978

62. Brochure 1 (brchr one. doc): Should state, See response to comment 42. monitoring for Cultural Resource crimes is conducted on a regular basis. 63. Brochure 1 (brchr one. doc): Section that states, See response to comment 42. Practice Shared Stewardship should be removed because the brochure does not define it, nor does it relate to everything else on the brochure. 64. Brochure 1 (brchr one. doc): This brochure includes See response to comment 42. to many topics and is confusing. The brochure should have a theme and inform the public about one theme. 65. Brochure 1 (brchr one. doc): The brochure lists the See response to comment 42. hotline number, but there is no explanation what the number is and why it is on the brochure. The hotline number should be defined and an explanation of the importance of reporting should be included. 66. Brochure 2: Section should be added that expresses See response to comment 42. the need to preserve the past. 67. Brochure 2: Text box describing Cultural Resources See response to comment 42. format makes it difficult to read and is not aesthetically pleasing. 68. Brochure 2: Contacts section should be removed as See response to comment 42. there are to many contacts on the list and permission to have the information was not obtained. 69. Brochure 2: Honor Our Past section is confusing See response to comment 42. and words are not used in the right context. This section should be reworded or taken out.

S-7 APPENDIX S

Cmt. No. Comment Response 70. Brochure 2: Brochure does not advertise the hotline. See response to comment 42. Therefore, a section explaining the hotline should be inserted. 71. Brochure 3 (Post Card): The purpose of the post See response to comment 42. card is not clear and should not be produced. 72. Brochure 3 (Post Card): The Chief Sealth, See response to comment 42. Duwamish Quote is not in proper citation format. Should be cited correctly. The citation should be directly below the quote and in footnote format. 73. Brochure 3 (Post Card): The quote is copyrighted so See response to comment 42. permission to use it should be obtained. 74. Brochure 3 (Post Card): Quote should be from a See response to comment 42. Chief along the Missouri River corridor. 75. Brochure 3 (Post Card): Is the contractor mailing See response to comment 42. the post cards out? The plan should include an action plan regarding the post card. 76. Brochure 3 (Post Card) Should be formatted for See response to comment 42. mailing, return address, space for address, postage stamp. 77. Brochure 3 (Post Card) Violations Section does not See response to comment 42. correlate with quote, message is not clear. Should be designed with a clear message. 78. Brochure 3 (Post Card): General public will not See response to comment 42. know the meaning of Shared Stewardship. 79. General Comment for all the brochures: There are Agree. Will follow applicable regulations regarding the placement and size of regulations. Corps logo. All brochures need to follow the regulations. 80. Fish and Wildlife Insert: Section heading Have you See response to comment 42. ever been ripped off? The Corps does not agree with the use of the term ripped off. It is abrasive and confrontational. This heading should be reworded using less abrasive wording. 81. Fish and Wildlife Insert: First paragraph is long and See response to comment 42. contains grammatical errors. Should be reworded and structured. 82. Fish and Wildlife Insert: Second paragraph is See response to comment 42. confusing and contains grammatical errors. Should be reworded and structured. 83. Fish and Wildlife Insert: Should contain a section See response to comment 42. that defines archeological resource crimes and reporting information.

S-8 APPENDIX S

Cmt. No. Comment Response 84. Fish and Wildlife Insert: Should contain a section See response to comment 42. identifying looting activities and what people should be aware of. 85. Fish and Wildlife Insert: Violations and Penalties See response to comment 42. Section content should be deleted. Currently inaccurate citation of laws. A list of Cultural Resource Laws accurately cited should be added. 86. Fish and Wildlife Insert: No explanation of hotline. See response to comment 42. Hotline information should be added. 87. Magnet: Shared Stewardship should be deleted, See response to comment 42. since the public does not know what this term is. 88. Magnet: Current picture is plain and does not draw See response to comment 42. attention. A new background should be used. 89. Magnet: Words should be formatted to fit on one See response to comment 42. line and should not be hyphenated. 90. Magnet: Hotline number hard to read. Should See response to comment 42. increase font. 91. Magnet: Magnets will be very hard to distribute and See response to comment 42. will be costly. Should not have a magnet. Commenter: Cheyenne River Contractor, Donna Rae Petersen 92. General: Elementary and Middle School Teacher See response to comment 39. Guide should have more information on Missouri River Tribes. 93. General: All of Appendix M should be removed. See response to comment 39. Commenter: Three Affiliated Tribes 94. General: Draft should include more information Agree. The Corps and CRST about non Sioux Tribes. has incorporated known information into the plan. Attempts to obtain additional information have resulted in no response being received. As information becomes available it will be reviewed and incorporated. 95. General: Corps Training Encampment should be See response to 96. It has been developed more. determined that there is a PROSPECT course available to complete this type of emersion experience. In addition it appears that many of the basin tribes have an emersion experience that Corps employees might be welcome to attend and participate.

S-9 APPENDIX S

Cmt. No. Comment Response Commenter: Lower Brule Sioux Tribe 96. General: Training encampment should be removed. Agree. Commenter: Sisseton Wahpeton Oyate 97. General: Should investigate other interpretive Agree. Pursuing available teachings that have been developed and incorporate information through the NPS them into the draft program. and other sources. Commenter: Dennis Daum, U.S. Army Corps of Engineers 98. General: Raising public awareness of Archeological Agree. See PA stipulation and sites and looting can be accomplished through the signage used by river Tribes. following: Roadside Billboards posted at lakes with reported looting. 99. General: Create an archeological protection display Agree. GF Advertising to which can be displayed at casinos, sporting shows develop displays according to (such as the ones held in Rapid City, Sioux Falls, the attached theme map. and Omaha). 100. General: Have brochures handed out at sport shows. Agree. GF Advertising to Should have children coloring and activity books develop brochures according to for Archeological awareness. the attached theme map. Appendix N has an activity/ coloring book that could be used at sport shows. 101. General: Some project offices have a radio station Agree. Will investigate the use that plays local information, which could report of public broadcasting to convey things on cultural resource protection. the preservation message. Commenter: Yankton Sioux Tribe 102. General: The original intent of the proposed See response to 95. educational encampment was to inform Corps employees about Native American culture. The proposed draft does not do this. Would like to see the encampment section expanded, with more details. Commenter: Tom Richter, National Park Service 103. General: Media materials should explain why Agree. See attached theme map. people shouldn’t loot or vandalize sites. This is being used to develop brochures and displays [ST2] 104. General: Media materials need to relate the Agree. See attached theme map. destruction of these sites to contemporary Native This is being used to develop Americans. brochures and displays. [ST1,5] 105. General: Three dimensional displays would lure the Agree. See attached theme map. public. This is being used to develop displays. 106. General: Should use multiple faucets of public Agree. Will investigate other dissemination. opportunities and utilize as appropriate.

S-10 APPENDIX S

Cmt. No. Comment Response 107. General: Several different brochures should be Agree. See attached theme map. designed but all with an overarching message and This is being used to develop theme. brochures. 108. General: Brochures could also advertise a website Agree. where the public could learn more about Cultural Resource preservation. 109. General: A plan to disseminate the brochures should Agree. be developed. 110. General: Displays and brochures should be setup at See response to 106. casinos, tradeshows, hunting, and fishing expos.

S-11 Public Education for Cultural Resource Preservation

Native American Looting and Corps Mitigation Impact of Dams Cultural Resource Cultural Education Vandalism Efforts Laws

Native American Culture Looting and Vandalism Preserving and Protecting Pick Sloan Legislation Cultural Resource Laws Cultural Resources Cultural Resources 1. Pre- Contact 1. Cultural Resource Crimes Federal Laws • Tribal Cultures • Relic Hunting 1. Cultural Resources 1. Missouri River Originally 1. National Historic • Looting • Archeological Free Flowing Preservation Act 2. Present Day Tribal Culture • Vandalism Artifacts • Current Tribal • Native American and 2. Pick Sloan Flood Control 2. Native American Graves Culture 2. Cultural Resource Laws European Artifacts Act, 1944; Protection • Criminal and Civil • Sacred Sites largest public works project Act 3. Present Destruction of Penalties in U.S. History Cultural Resources 2. Cultural Resource Impacts 3. Archeological Resources • Relic Hunting 3. Crimes Destroy History • Corps Operations 3. Lakota, Dakota, Nakota Protection • Looting • Loss of History • Recreation Visitors Tribes lost 202,000 acres. Act • Vandalism Effects Everyone • Relic Hunters Three Affiliated lost 155,000 Acres. 4. National Environmental • Looters Policy Act 4. Destruction Impacts 4. Importance of Saving These • Vandalism 4. Loss of land resulted in Present Day Tribal Resources dramatic Executive Orders Cultures 3. Programmatic Agreement economic impacts for tribes, 1. Protection & Enhancement • Destroys Sacred 5. Report Cultural Resource Partnerships • and of Sites Crimes touched every aspect of tribal Cultural Environment • Destroys Tribal 4. Corps and Partners Work life. History 6. Benefits of Reporting Together to Protect 2. Protection of Indian Sacred • Causes Emotional Cultural Resource Crimes Resources 5. Dam Operations Effect Sites Trauma to Present • Tribal Benefits Cultural Resources Day Native • Scientific Benefits 5. How the Public Can Join • Destroys Sacred Sites 3. Preserve America Americans • Benefits to All Partnership • Destroys Tribal Americans • Protect Resources History State Laws 5. All Americans Should • Actively Protect • Respect Nature and • Causes Emotional Nebraska Protect Cultural Resources History History Trauma to Present Day South Dakota • Report Relic Native Americans North Dakota Hunting, Looting, 7. Corps Looting Hotline 6. Ways to Report Crimes Montana and Vandalism on 6. Report Crimes that Destroy Corps Land Cultural Resources Ways to Report Crimes