This is a letter from our Council Chairman at Lummi Indian Business
Council -- spread the word. Please excuse any type errors.
In the U.S. Senate, an Amendment was submitted hy Senators Domencici
(R-NM), McCain (R-AZ), and Inouye (D-HI) to the Interior Appropriations
Act of FY 1996. Their amendment sought to reinstate two hundred million
dollars back to the Bureau of Indian Affairs, Department of Interior, for
Indian tribal goverments. The current cut is earmarked at two hundred
and eighty-five million dollars; as submitted by Senator Slade Gorton
(R-WA), as Chairman of Subcommittee on Interior and Related Agencies.
The Bureau of Indian Affairs Budget is 30% of the Department of Interior
Appropriations. The Gorton cuts will eliminate 45.6% of the Bureau of
Indian Affairs Budget. And the Tribal Programs will be cut 27% in 1996.
This is why Assistant Secretary Ada Deer has coined the term "Termination
by Appropriation." The Senate voted 61 against the Domenici Amendment
and 36 for the amendment. Thus, Senator Gorton has succeeded in nearly
wiping out the BIA.
In addition, Senator Gorton was able to secure Section 115 of the
Interior Act targeting the Lummi Indian Nation's water rights. This was
a "Blackmail provision" that penalizes the Lummis if they do not willing
allow the non-Indians to use the Indian waters or to pipe water into the
reservation at will. The provision is prohibited by the U.S.
Constitution as a Bill of Attainer (Art 1, Sec. 9, Cl. 3). In addition,
it violates several other clauses of the U.S. Constitution. Finally, by
its passage, the Senators violated their "Oaths" of Allegiance.
What is really sad is the failure of Indian Country, those who should be
most concerned about tribal funding, failed to lobby support of the
Amendment. The irony is that Senator Gorton was using the same logic and
argument that were raised during the Congressional Hearings to justify
passage of House Joint Resolution #108 of 1953 (otherwise known as the
"Termination Policy") Termination is alive and well!
While the Senate was terminating Lummi Water Rights and taking away our
Self-Governance funds - if we attempt to defend ourselves in the federal
courts, Senator Gorton successfully attacked all tribes funding nationally.
Senator Gorton argued that the tribes have income from natural resourcs
(oil, coal, uranium, timber, fisheries, and gaming) and refuse to
supplement their own tribal programs. He stated that it is the tribes
own fault that they, as governments, do not apply business and land taxes
inside our bondaries. He said, all the other governments in America
apply taxes to raise money for their systems, but not the Indians.
Senator Gorton convinced two-thirds fof the Senators that if they voted
in favor of the Domenici Amendment then they are taking money away from
their own state, their own "American" citizens, the sport fishermen, the
sport hunters, other recreationists, and the art institutions. He argued
that the Interior budget cover the "public domain" for all america and
those funds should not be diverted to Indian programs. He continued that
the Senators would be defunding the parks, wetlands, and wildlife
programs. In the end, Indian tribal government programs were considered
as not as important as fish, wildlife, birds, and rocks.
Indian Tribal Goverments are under direct political attack by one of the
most racist U.S. Senators in recent history. Senator Gorton has been
fighting Indian Tribes in the Pacific Northwest for nearly three
decades. He will be in the Senate until the year 2001. This is the
first of his proposed funding cuts for Indian Country. He has the
support of sixty-percent of the U.S. Senate (based on this last Roll Call
Vote on the Domenici Amendment).
Indian Tribes need to initiate direct action, immediately. We need to do
the following:
1)Organize tribe's direct political campaign
2)Organize our intertribal political campaign
3)Organize letters to your Congressmen (Senate/House)
4)Organize letters to the President for a Veto
5)Organize support from local non-Indian groups
6)Organize support from the local/state church groups
In the meanwhile, the Lummi Nation will take all legal actions to
challege Senator Gorton for his violations of the U.S. Constitution, by
Section 115. He was appraised of its constitutional violations, but his
passion for Indian resources and the destruction of our governments
overrode his logic. His Colleagues, of course, were supportive based on
this being a "Washington State matter only."
We cannot stress the importance of your participation in your own
defense. Contact the BIA Area and Central Offices and confirm our
information. In anticipation of your cooperation, thank you.
Respectfully yours,
Henry Cagey, Chairman
(as retyped by Tam Dixon)