Northern Arapaho Tribe Archives

Wyoming tribe seeks to exclude Andrew Yellowbear from reservation boundary case

By Ben Neary, The Associated Press

The Northern Arapaho Tribe is seeking to exclude one of its members from participating in a lawsuit over the boundary of the Wind River Indian Reservation.

Andrew Yellowbear, Jr., is serving a life sentence in state prison in connection with the 2004 murder of his young daughter in Riverton.

State and federal courts have rejected Yellowbear’s claim that the state lacked jurisdiction to prosecute him on the grounds that Riverton remained Indian County. He’s seeking to get involved in the current boundary dispute in yet another attempt to get his conviction overturned.

A federal appeals court in Denver is hearing the state of Wyoming’s appeal of the U.S. Environmental Protection Agency’s determination that more than 1 million acres around Riverton remain legally “Indian Country.”

The EPA recently determined that a 1905 act of Congress that opened reservation lands to settlement by non-Indians didn’t serve to remove the land’s legal status as Indian Country. The Northern Arapaho and the Eastern Shoshone Tribe share the reservation in central Wyoming.

Aided by Diane Courselle, a law professor at the University of Wyoming, Yellowbear recently filed papers seeking to file a “friend of the court” brief in the current boundary dispute.

Courselle, in her proposed brief in the case, says the boundary issue is, “crucial to the determination of whether Wyoming had jurisdiction to prosecute Mr. Yellowbear or whether the United States has exclusive jurisdiction.”

The EPA addressed the boundary issue in approving an application from the tribes to treat the reservation similarly to a state in terms of consulting with them about air quality issues. Wyoming, as well as Riverton and Fremont County, are opposing the federal agency’s decision, saying it would have drastic effects on taxation and provision of government services in the disputed area.

Although Yellowbear seeks to side with the tribes’ position that the disputed land remains in the reservation, both tribes filed notice that they oppose his involvement. The Northern Arapaho Tribe filed a brief and Riverton and Fremont County filed a joint brief on Friday spelling out their opposition to his involvement.

“We do not want our legitimate efforts to protect our reservation boundaries to be aligned with someone who does not have the tribe’s best interests at heart and is simply trying to get out of jail,” said Darrell O’Neal, a member of the Northern Arapaho Business Council, in a statement.

Dean Goggles, chairman of the Northern Arapaho Business Council, issued a statement saying that Yellowbear “is just muddying the waters and offers not new facts or viewpoints.”

Efforts to reach Courselle were unsuccessful Friday. Efforts to reach a lawyer for the Eastern Shoshone Tribe were also unsuccessful.

In their briefs, the Northern Arapaho, Riverton and Fremont County state that federal law is clear that Yellowbear’s state court conviction would stand even if the courts rule that Riverton remains Indian Country.

As a state prisoner, Yellowbear has filed several legal challenges seeking access to Native American religious materials and facilities. The American Civil Liberties Union represented Yellowbear in a 2008 federal lawsuit against the Wyoming Department of Corrections that secured his right to have eagle feathers in prison.

Northern Arapaho tribe’s ACA suit advances in federal court

By Trevor Graff, Casper Star-Tribune Communications

A federal court in Casper considered blocking an Internal Revenue Service rule that Northern Arapaho officials say could cause Native Americans to pay more for insurance or lose health care benefits.

Tribal leaders say the proposed IRS interpretation of a mandate for large employers to provide health care coverage would unlawfully exempt tribal members who work for the Northern Arapaho from receiving tax credits and cost-sharing benefits granted Native Americans in the Affordable Care Act.

Kelly Rudd, the Northern Arapaho attorney, said the agency’s interpretation could subject the tribe to more than $1.5 million in tax penalties if its business entities, including Wind River Casino, do not offer employer-sponsored insurance.

“They proposed a one-size-fits-all, large-employer mandate that doesn’t fit Congress’ purpose of bringing health care to working-class Native Americans,” Rudd said.

He said the tribe insures employees with plans from the federal health insurance marketplace and pays 80 percent of the premium costs.

Those policies provide better coverage than the tribe could purchase independently, Rudd said.

Attorneys for the U.S. Department of Health and Human Services say the rule-making is based on Congress’ intent to promote employer-sponsored health coverage under the ACA.

Jacek Pruski, a U.S. Department of Justice attorney, told the court that the IRS rule-making is in compliance with the purpose of the ACA.

He said the court should reject the motion to block enforcement of the rule because the tribe did not establish the strength of its case based on prior case law.

Rudd said the U.S. Department of the Interior is charged with overseeing tribal health care programs. He said the IRS did not communicate with the Interior Department while drafting the rule.

“Basically what we have is a left-hand-right-hand problem in communication among agencies,” Rudd said.

U.S. District Judge Scott W. Skavdahl said he would need more time to deliberate on the suit because of the complicated nature of the Affordable Care Act.

“This is the statute that cast a thousand lawsuits,” he said.

Skavdahl said he would release his decision in the coming weeks.

Native American politics heat up in Wyoming

BEN NEARY, Associated Press

CHEYENNE, Wyo. (AP) — American Indians in Wyoming increasingly are asserting themselves, fighting for more say on environmental issues and fielding more candidates in state and local elections.

The Northern Arapaho and Eastern Shoshone tribes share the Wind River Indian Reservation, a block of land in central Wyoming that’s roughly the size of Yellowstone National Park.

Rep. Patrick Goggles, D-Ethete, announced early this year he’s not seeking re-election to the Legislature after 10 years of representing a district centered on the reservation. Yet Goggles, a Northern Arapaho and the only Indian in the Legislature, said it’s critical that the tribes continue to have a political presence in the state.

“There are issues that are unique to this reservation, and to the other Native Americans that reside here,” Goggles said. “That perspective should not get lost.”

Democrat Andi Clifford, a Northern Arapaho, is running for Wyoming House of Representatives seeking the District 33 seat held by Goggles, her uncle. Clifford, 42, works as a manager at the Wind River Hotel and Casino.

“We have 2.2 million acres with a lot of resources in our land and water,” Clifford said. “We want to be sitting at the table. We want to start discussing things that impact us and start having those conversations, and people to respect those conversations and respect where we’re coming from, because we live here.”

Gary Collins, tribal liaison between the Northern Arapaho Tribe and the state of Wyoming, said he counts seven Native American candidates in area legislative and local elections this year, up from three in 2012.

Collins, a Northern Arapaho, said a victory he and other tribal members won in a Voting Rights Act lawsuit against Fremont County a few years ago has inspired greater political involvement among Wyoming Indians.

U.S. District Judge Alan B. Johnson in 2010 ruled Fremont County’s system of at-large voting for county commissioner elections left Indians disenfranchised. Despite bitter opposition from county officials, Johnson ordered the county to establish voting districts to ensure Indian representation.

“The long history of discrimination against Indians in the United States, Wyoming and Fremont County is undeniable,” Johnson wrote in his 2010 decision. “The evidence presented to this court reveals that discrimination is ongoing and the effects of historical discrimination remain palpable.”

The U.S. Environmental Protection Agency added to local tensions late last year when it ruled that lands around Riverton, a town on the reservation’s eastern boundary, legally remain Indian Country.

The EPA addressed the boundary issue when it granted a request from both the Northern Arapaho and Eastern Shoshone tribes to treat their reservation as a separate state under the federal Clean Air Act.

Wyoming, together with Riverton, Fremont County and other groups, has appealed the EPA decision in federal court in Denver. The tribes have entered the lawsuit, too, arguing to uphold the federal agency’s position.

The tribal boundary dispute also drew the attention of a national group that’s dedicated to ending tribal sovereignty. The Citizens Equal Rights Alliance held a workshop in Riverton in June, saying they wanted to instruct local officials how to fight over federal government overreach.

Sen. Cale Case, R-Lander, is a veteran state lawmaker and a non-Indian. He faces Democratic challenger Sergio Maldonado Sr., a Northern Arapaho, in November’s general election.

Case said he was invited to the CERA workshop but didn’t attend. Although he said he believes the state ultimately will win on the boundary issue in court, he said he regarded CERA’s presence as unhelpful and divisive.

Case served as chairman of the legislative committee that redrew legislative districts after the 2010 census. He said the committee was careful not to dilute Native American voting strength and credits that as a factor in their increasing involvement.

Case said all voters in his district will have to assess which candidate they believe can do the best job. “I’m not native, but I really try very hard to do a good job of representing them,” Case said.

Kimberly Varilek, attorney general for the Eastern Shoshone Tribe, said she believes both the Voting Rights Act ruling and the uproar over the EPA boundary decision both have given tribal members hope that they have a chance to play a greater role in politics beyond the reservation boundaries.

“I’ve noticed that there’s more interest in regards to tribal members,” Varilek said. “Potentially, maybe they feel like there’s more access.”

Wyoming tribes start getting federal payments

By Benjamin Storrow, Casper-Star Tribune

James C'Hair shows settlement checks from the Office of the Special Trustee for American Indians received by him and his wife Wednesday outside Atlantic City Federal Credit Union in Riverton.Ryan Dorgan | Star-Tribune — James C’Hair shows settlement checks from the Office of the Special Trustee for American Indians received by him and his wife Wednesday outside Atlantic City Federal Credit Union in Riverton.
Ryan Dorgan | Star-Tribune

LANDER, Wyo. (AP) – The first installment in a $157 million federal settlement began to pour into the Wind River Indian Reservation this week, as members of the Northern Arapaho Tribe started receiving $6,300 checks in the mail.

The impact of the cash infusion was almost immediately evident on the reservation and in surrounding communities, where many tribal members went to deposit their checks.

Riverton and Lander, both straddling the reservation border, were bustling. Banks saw long lines. Car dealerships and auto parts stores reported brisk business. And law enforcement in both communities was highly visible, posting cruisers at banks in what authorities said was an effort to protect tribal members cashing checks from would-be assailants.

Many tribal members welcomed the injection of money into a reservation long beset by poverty. Unemployment there is almost double the state average, while average family income lags far behind state and national standards.

But they also expressed trepidation that the money could lead to an increase in crime, and they worried that many tribal members might squander the once-in-a-lifetime payday.

“People need to be smart and budget their money,’’ said Randee Iron Cloud, of Ethete, who was with her husband, Norman, at the Atlantic City Federal Credit Union in Lander. “They need to think about the needs of the kids above all else.’’

The couple said they planned to use the money to pay down debt on their car and to take their five children on a trip to Albuquerque.

The settlement stems from a 1970s lawsuit brought by the Northern Arapaho and Eastern Shoshone tribes against the federal government for its failure to properly collect mineral royalties from oil and gas development on tribal lands.

The total settlement is worth $157 million and will be split evenly between Northern Arapaho and Eastern Shoshone tribal members.

Of the total, $10 million will be used to repair environmental degradation resulting from oil and gas operations.

Federal law requires that 85 percent of Native American mineral royalties be paid to individual tribal members, with the remaining 15 percent going to the tribes themselves.

The distributions to individual members varies by tribe, as the Northern Arapaho and Eastern Shoshone have different-sized membership rolls. Northern Arapaho members will receive $6,300 each, while Eastern Shoshone members are to receive $15,000. Eastern Shoshone members are expected to receive their checks next week.

Overton Sankey, who works at a local Head Start, said most tribal members have long prepared to receive their checks and made plans to save the money or use it for bigger purchases like cars.

While Sankey is not a tribal member, his wife is, and she received a check. The couple intend to use the money for home repairs, but not before going on a trip.

“We haven’t had a vacation in years,’’ Sankey said while playing the slots at the Wind River Casino. “We’re going to work on the house when we get back.’’

Businesses were bustling in Lander and Riverton. A parade of cars for sale lined U.S. Highway 287 approaching the Atlantic City Federal Credit Union in Lander. Inside the bank, Vice President of Member Services Kyleen West said the credit union had seen a steady stream of customers.

The bank was cashing checks from members and nonmembers alike. It would continue to do so until it ran out of money. A first pot of cash set aside to accommodate the settlements would likely be exhausted, West said, noting that a second installment was also due to arrive to meet the second round of checks.

As of midday Wednesday, all was going smoothly, she said. Local banks worked with the tribes in advance to encourage members to create bank accounts where they could deposit money. The bank has seen a rise in the number of new accounts as a result, she said.

“I have been very pleased with the way the tribes have worked with the banking industry, local law enforcement and the community,’’ West said.

In Riverton, Bobbi Higgs, manager of an O’Reilly Auto Parts, said the store was busier Wednesday than it is on strong Saturdays. Six cars for sale were stationed in the parking lot outside, an oddity in its own right, she said. Many of the new car owners then came into the store to buy parts, Higgs added.

“Everyone is selling what they can,’’ she said. In the adjacent Ace Hardware parking lot, a relatively new 35-foot camper sold quickly Wednesday morning, she said.

Law enforcement was ubiquitous in both communities. Police cars were parked outside banks, and officers stood by the doors.

Police officers from around the state were called in to help. Cruisers from Cody, Jackson and Green River were stationed in front of banks in Lander, while a trailer bearing the name of the Sweetwater County bomb squad helped form a temporary command center outside Atlantic City Federal Credit Union.

Lander Police Chief Jim Carey said the settlement had been well publicized, and authorities worried about outsiders who might potentially prey on tribal members cashing their checks.

“We want to send a message that anyone who wants to do violence to our citizens won’t be allowed to,’’ Carey said. “Our mission today is to prevent violent crime and make sure they can get their checks in a safe manner.’’
Information from: Casper (Wyo.) Star-Tribune, http://www.trib.com