Federal Government Sues Oglala Sioux

The federal government has filed a lawsuit against the Oglala Sioux Tribe in attempt to recover $482,090 in grant dollars awarded to the tribe from 1999 to 2002, as reported by the Associated Press on Nov. 27.

The complaint states that the tribe received $4.7 million from the U.S. Department of Health and Human Services in two grants, but audits found instances of non-compliance with the terms of the grants. The AP piece does not say which terms were not complied with.

13 Comments

  1. Adelina Defender says:

    In our local newspaper dated 10/28-11/04/09 carried a small article entitled”Photos: Pine Ridge Reservation ‘scariest’ place by a self-assigned photographer Aaron Huey who was documenting poverty in America. The poverty he found on the reservation stopped him cold. “Pine Ridge is the scariest place I’ve ever been–more so than in a Taliban ambush.” Mr. Huey said. “It was emotionally devastating. I’d call my wife late at night crying.” So why is the federal government suing this Tribe? Their piss-poor leadership should pay the $400 thousand back not penalize its membership!

    Reply
    • Marie Starr says:

      Yes I agree and why do this to a Tribe that is so poor and living in the conditions that those Tribal live in. They may have some housing but are in need for more housing that meet the needs of the Tribal membership.

      Reply
  2. Terry says:

    I know Pine Ridge very well. It is a very hardened place. One should be reminded that The Oglala Sioux have been revolting against the government since their treaty signing. On 2/27/73, they allowed a stupid man named Russell Means to lead a revolt against the US government for 71 days on their land. The goal was not to serve the people, but to serve Russell’s large ego. It has permanently damaged his reservation for ever. He harmed too many god people. As a people, they have constantly defied authority. Just like kids who don’t listen, they are out of control. I agree that there should be some accountability with their leaders, as that is protocol with the Federal Grants they receive from the US. If $ is mishandled, it usually goes against the personnel in charge of the non-compliant program within the tribal government. HOWEVER, they constantly cry with their hand out & someone always views the poverty they live in and change never occurs. Cecilia Fire Thunder pawned their land trying to fix their debt…that failed. The real problem lies within the infrastructure of the voting process. All tribes are not ran by their people…but usually by a Tribal Council(which received minimal votes) who thinks they will turn what they could never manage around. Most people don’t understand how hard it is to tell on these corrupt people. They do their best to destroy you if you ask them to be honest and serve the Tribal people with integrity. So many get away with robbing the tribe(s) of their resources. Every tribe has a story of corruption to tell. Unfortunately, not much can get done when the people who tell wind up missing or dead.

    Reply
    • Adelina Defender says:

      Terry, you are correct in that all Tribal programs receiving federal funding should have accountability, especially under Public Law 93-638–25 CFR Indians (Code of Federal Regulations) mandates its accountability per se. Monitoring for Scope of Work and its DELIVERABLES are not being imple-mented by both the BIA and the Tribes at the reservation level and its Regional Office Contracting Officers Representatives (CORs) and Sub-CORs choose to violate the contents of their contracts and/or grants. Each con-tracted BIA program has an assigned COR/SCOR. BIA can take back non-compliance programs under RETROCESSION. Declination issues can lead to retrocession and these are 1) violation of human rights; 2) pattern of prac-tice and 3) misuse/mismanagement of funds. In 2011 congressional inves-tigation should be the right step to take in helping tribal memberships. The initiator will need to get their State Senators and others Senators to support their request. I know Senators McCain, Inoye and Tom Coburn (Okla) have been champions for Native Americans. Also Rep. Darrell Issa, the Ranking Member of the Oversight and Government Reform Committee released a report on 9/22/10 entitled “A Constitutional Obligation..the unparalled en-croahment of the federal government that began during the Bush Adminis-tration and continues in the Obama Administration..have lead to concerns of an oncoming tsunami of opacity, waste, fraud and abuse,” the report says “This trend must be met by vigorous Congressional oversight of the massive federal bureaucracy.” Too the Congressional Research Service 2010 has in part “a fundamental objective of congressional oversight is to hold executive officials accountable for the implementation of delegated authority. This objective is especially important give the huge expansion of executive influence in the moderan era..clearly give the role and scope of the fedral establishment, the importance Congress’ review function looms large in checking and monitoring the delegated authority that it grants Federal departments and agencies. Further, President Clinton’s Executive Order No. 12898 of Feb. 1994 and instituted by President Obama at the Tribal White House Summit Nov. 5, 2010 provides tribal membership a pathway to prosperity.

      Reply
      • Terry says:

        Thank you for such an insightful and fact-filled reply;-) I have been reading that Chapter of the CFR pertaining to “Indians” since 1986 or so. I am glad to see someone else has cared enough to do the same. There seems to be a well made bed for fraud in our Indian country. Very few care to maintain their integrity when dealing with the US government as some think it is as a way to collect on some money that they are owed for years of pain and suffering. There is a world of change that needs to take place and I stand firm that it starts with us holding ourselves accountable to manage our own future as it has been mismanaged by others for years. We need to stand strong with a purpose. I hope continue on your path;-)

        Reply
  3. shunka_wahanpi says:

    Terry,

    I would bet that you are a narrow minded person living somewhere in the state of South Dakota, am I right? It is a well known fact that this state along with others is blanketed with bigotted narrow minded red neck people intent on demoralizing and assassinating the character of this very honorable tribe.
    We as a people in times past were accustomed to living a life that was dependent on the land,, but it is people such as yourself who has taken that away with the deluge of europeans and their greed, we tried to live subsisting on the lay of the land, but it was the greed of the wasicu that made us take up arms to defend what your kind were destroying and continue to do so today.
    So before you start belittling the Oglala Lakota, I suggest you consider why my people are living in such despair, and have had to resort to desperate means of survival… granted that taking monies from the U.S. Govt. is wrong as it is not a Lakota trait to live dishonest. But also consider what the U.S. Govt. has claimed off of our Paha Sapa (Black Hills).

    Now you tell me who is the real thiefs? $400k is a small price when billions were taken out of our sacred hills. Without us suing the Federal Govt. I guess a good resolution to pay back the $400k would be for the Federal Govt. to give us back the monies that were taken out of the hills and than we can pay back the federal aid tenfold without a making a dent in what is rightfully ours.

    Reply
  4. Robert Roche says:

    Terry
    You have no idea what your talking about.
    Russel and AIM were asked to help the traditional people under Dicky Wilsons administration. Call me I’ll give you a history lesson.
    Robert Roche aiecinc@aol.com 216-351-4488

    Reply
  5. Terry says:

    Shunka & Robert,

    You both are good for thinking out loud…but I am an American Indian and my family was there teaching at Pine Ridge when the retard named Russell Means started that shameless stand so few are proud of except AIM members. The Pine Ridge tribe is in a rough state and the Oglala people deserve better leaders.

    You stated that the Oglala Sioux are an honorable tribe…why? For the past? I am fully aware of what your ancestors have done, and it is a shame you yourself have not matched the integrity of those who have traveled before you.
    I see a lot of people who cry about the past…where does it get you? Where is the pride in crying? I guess you don’t understand what your predecessors intended for you to achieve.
    You must need a history lesson Kola…if Russell is your hero and a hero of your people, then why is it when he ran for tribal chairman of the Oglala Sioux, only 2 people voted for him? I was there to see the disgust on his face when he had to explain to the reporters what he thought about the results. He offered his services for free as he claimed he could save his people…yet your own people as a whole rejected him. He is not God. Only a fool or a white man thinks of a people as his. One should be quick to understand that he is still trying to reclaim land on behalf of himself and some very rich investors. Soon, your land will be owned by more than the Shakopee people…but also by Russell and some whites as well. I guess Robert, you are mad…well I am sorry to make you mad. But the truth remains the truth. If Russell and AIM were asked to help the Traditional people of the Oglala…then what happened? It obviously didn’t work, and it is safe to say that he only helped himself! My uncle kicked Russell Means all over the place and several of the AIM sissy’s as well! It is funny when you think about it…the army had to come in and straighten him out when all they had to do was come get my uncle and his brothers and it would have been over by dinner time!

    For the record…it is shameful to pawn your land to the Shakopee people and default on the loan! Do you think it is the white man who made your leaders pawn your land…or just poor decision making on Cecilia’s behalf?

    Reply
  6. Robert Roche says:

    Terry
    I’m not concerned about your triradiate but the facts based on your statement.
    Robert Roche / Apache
    American Indian Education Center
    216 351 4488

    Reply
  7. Robert Roche says:

    Terry
    I’m not concerned about your triradiates but the facts of your statement. Akwesane Notes “Voices from Wounded Knee 1973″ covered the 71 days .Take time to read it , it may give you some insight on the take over.
    Why didn’t you sign your name?

    Robert Roche
    American Indian Education Center
    aiecc.net
    aiecinc@aol.com
    216-351-4488

    Reply
  8. Terry says:

    Good Morning Robert,

    I am very familiar with what transpired before, during,and after the takeover. I am very supportive of our people making a stand for their beliefs. First and foremost, I am very grateful for the religion that has been preserved for us to use and the great many sacrifices that have been made over the years to do so.
    I do not think the Oglala understood how they should have went about it. Some of what they wanted to accomplish was accomplished, and tons of irreversible damage took place as well. Crying about the past has proven futile for our people over the past 200 years or so. The US government should look at the relationship between Canada and the Native people of their country to see how things can change! It is amazing to say the least! It is a living blueprint to lead the way to a better tomorrow for all involved. What we are missing in our life is a government who would admit the wrongs and vow to never do that to us again such as Canada. It is a far cry from reality in Lakota country let alone the US. The US government is working on banishing tribes one by one to relinquish their liabilities instead of fulfilling their obligations. The treaties have limited weight. It’s crazy when you think about it in it’s simplicity…honor your word.
    I see all the reason to look back at our mistakes and not allow them to be repeated. I know you would agree. However, it is much easier said then done.

    I see that you are a free thinker…take it and use your thoughts to help change the future. Indian Country as a whole is in dire need of someone who does not want to be a puppet. Whatever you do, do not serve yourself! We as a Nation have a lot to accomplish together. However, It is hard to do as an individual. Pick and choose your friends wisely. Most people do not understand that our Indian way of management creates a very complete assimilation of the group that can be so strong.

    Reply
  9. crystal clear says:

    I live on a reservation with my husband. I am white though I come for the country and wildcraft herbs, I also have a background in business and educatioin. My husband’s tribe just had an election. He was on the election board. The obstacles put in the way of real information getting to the people is incredible. It is almost a joke! The person who won was thought to know about business. We had hoped to make headway with this council as we had met repeatedly with the previous chairperson and tribal administrator with ideas about self sufficiency in the areas of food and energy but to no avail. The new elections changes nothing, in fact, this new council is disbanding all boards and commissions….though it is not constitutional! The election board is now gone so there is no way to start a recall. The hunting and fishing commission is disbanded as well and thier $13,000 has been absorbed back into the general fund…maybe, who knows…my husband and serveral other middle aged men of the tribe known for thier integrety are out on thier ear…plus it has recently been revealed that ‘white staff’ has gotten grants using the name of the CERT team(community emergency response team) totaling $75,000 of which my husband and the team memebers got $0…the team, all volunteer) showed up for a training with axes and shovels, in jeans and t-shirts and almost got laughed out of the place…they were asked, ‘Where is your equipment? Where are your fire clothes?’ The other tribal CERT teams gave my husband and his men all thier old coats and helmets, etc. They were humiliated. After trying to expose the fraud, the main council is now trying to disband the CERT team. The corruption runs so very deep, who can you trust. I ask…who would stay and work if there was no pay? Only those with integrity…

    Reply
  10. crystal clear says:

    Thank you, Terry, for telling it like it is. I am also thankful for the others who posted information on the process.

    I have the book from the 1973 wounded knee, it is very interesting…I wasn’t happy with how it ended, I don’t believe things were really settled during negotiations….the whole foundation needed changing, not re-negotiating old stuff.

    Another excellent book that speaks from the past in a very real and touching way is called, “Touch the EArth”. This quotes many of the original tribal leaders and elders and thier opinions of the white man and his treaties.

    I agree that it is time for all native people to band together and to rethink the form of government that has been forced upon them. It is time to educate each and every household and every member in it, even if that requires knocking on every door and sitting at every dinner table/coffee table and informing the people of thier rights, thier responsibilities.

    It is time to produce our own food, to feed our elders first, the children second and to create a bridge between the two….Every house should have a garden, every garage should have it’s own personal windmill…Lessons on herbs, hunting, fire, fishing should maybe be required for membership/roll numbers on some of these reservations….it is time to undo that which has been done to native people….one people, one earth…..

    I am ready, are you?

    I am about to produce reports on every aspect of self-sufficiency and education that my husband and I have approached our tribal leadership about. These reports will be submitted at the Main Council Meeting in three months time. From there forward, we will wash our hands of this tribe and will seek membership in a secondary tribe in my husband heritage.

    Unless there is a miracle in the hearts and minds of the leadership here, our time is over. It is foolish to knock our heads against this wall any longer.

    I was told in a dream(late 2010) that if this tribe does not change thier ways, they will be distroyed. Also know that, in another dream(2008), it was revealed that the gaming tribes of California will be dismembered. (a coyote pulled apart by golden bears after being tripped/caught by brown bears(federal government)) I see articles appearing on this site about the IRS vs. different tribes….this is not good…

    Cold frames, green houses, hoop houses, solar energy, wind, bioDEISEL, not bio-fuel….secure your source of water….root cellars, canning, dairy animals, rabbits, chickens, pigs, fruit orchards….know your wild foods, promote the growth and propagation of these plants…manage your deer populations and your ranges…for grouse, chucker, quail…alternative crops for sale such as buckthorn, dandilion, bitterroot and others….Manufacturing of man powered personal transportation, recycling centers for all metals…make them state of the art and green….whoever controls the waste, controls the world….

    We can end diabetes and gout, none of my friends or family have these things anymore…and the plants grow right outside thier houses, on tribal lands. The ones with arthritis are almost completely healed as well….these answers are available to every one…I FOUND them, in books and online…if the tribes will maintain sovergnty, they can become a beacon of light for health and healing, for green recycling and manufacturing…and maybe for character and integrity as well.

    Thanks for listening.

    C.

    Reply

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