Who Is the "Native American Energy Group"  and
why are they in 1868 & 1851 Ft Laramie Treaty Territory?


Summary by  Debra White Plume,  Director of  Bring Back the Way (Keep scrolling to read news articles about this issue).

Uranium Mining on the Pine Ridge?
With a "rumored" Uranium Deposit detected under the Pine Ridge land-base, how long will it be before the Energy Companies come here and offer millions or billions of dollars to the Oglala Lakota Tribal government to mine Uranium on the Pine Ridge?   

The “Native American Energy Group” (NAEG) has approached the OST President John Steele regarding mining the Uranium under the Pine Ridge.  According to memos and email letters, President Steele and Eileen Janis have met with NAEG at meetings both on the Pine Ridge and in the New York City boroughs.  NAEG has sent founding documents and an Operating Agreement to President Steele. Some of the documents concern the development of a Minerals Corporation that would be comprised of the Oglala Sioux Tribe, the Native American Energy Group, the Ospraie and other entities.  The purpose of the corporation would be to mine Uranium. President Steele has stated that the estimate is millions of pounds of Uranium under the Pine Ridge in the Badlands and Eagle Nest area and that figures discussed include billions of dollars.

The Natural Resources Protection Team was formed in July of 2007.  It is comprised of OST Program Directors that manage land, air, and water. Community groups including Bring Back the Way and Defenders of the Black Hills were invited to attend the organizational meeting.  At the meeting, a packet was distributed regarding the NAEG plan to mine Uranium on the Pine Ridge. The working group reached a consensus agreement asking President Steele to cancel all meetings with NAEG.  From Bring Back the way, I asked the working group to consider that this decision  to mine Uranium was actually regarding Treaty Territory and was too big of a decision for one man to make.  I told the working group that I felt this moment in time was a “Crazy Horse moment”, and that there were people in our tribe who would not support the mining of Uranium on Pine Ridge. 

The OST Environmental Health Tech Team members, on Aug 15, 2007, met with the NAEG corporate delegation. The NAEG delegation included Eileen Janis, a Geologist, the Chief Executive Officer, and the Chief Financial Officer. Besides the OST EH Tech Team, Charmaine White Face of the Defenders of the Black Hills, the attorney helping the DOTBH,  I was present from Bring Back the Way; OST Wounded Knee District Representative Kathy Janis, Darwin Apple of the Lakota Land Alliance, and a Pine Ridge Village federal monitor were also present.

Why Did Native American Energy Group Come to the Pine Ridge?

NAEG explained how they came to the Pine Ridge:

·        to provide a pilot project of tribal housing and find investors to pay for the project

·        their next step was to assess the tribal members’ ability to pay for maintenance and upkeep of the new houses, and their assessment showed them the tribal members needed an economy to provide employment for them so they would have the funds to upkeep their homes

·        so, their next step was to offer the discussion of possible economic development efforts that they could help the OST with

·        NAEG next proposed that economic development could happen very quickly from an endeavor to mine Uranium

·        they explained that the profits of Uranium Mining is an economic solution to the tribal members’ poverty and unemployment and would allow the new homeowners an income to pay for the upkeep of the 1,000-4,0000 homes NAEG would build here

·        at the Aug 15 meeting the NAEG rep’s and Eileen Janis explained how the company can also do a water study comprehensive to the entire reservation with their investors paying for the cost, but the OST can choose the company who would test the water

·        they said if the water tests reveal there is Uranium under our ground, they can provide investors who will then mine the Uranium to get it out of the ground for us

·        many of us at the meeting questioned how the NAEG started with building homes for us and ended up with mining Uranium!

·        no satisfactory answers were given 

·        the OST EHTT said they would take action to stop the NAEG from testing our ground water and from any further involvement on the Pine Ridge through the development of a Proclamation

·        the OST Environmental and Health Tech Team will publish the “Proclamation” which will detail their position regarding the NAEG

·         and will take the Proclamation in Ordinance form to the OST Land Committee and

·        on the next OST Council meeting for full OST Council Action


It was reported at the Aug 15 meeting by a Tribal Council Representative that the OST Ambulance Service was preparing to move into their newly acquired facility on the I.H.S. compound, but were to be greatly surprised when they went to move in and found the NAEG Geologist living there!  (and who would be living there for 3 to 6 months) 

There was discussion that there has been NO official action by Tribal Council Committee approving or authorizing such a study to be done by the NAEG.   Tribal workers at the Aug 15 meeting stated their concerns that there are protocols to testing groundwater-no one should just be able to come in and access our groundwater.

Owe Aku and the Black Hills Sioux Nation Treaty Council filed a petition for a show cause hearing in Tribal Court, to exclude NAEG from the Pine Ridge. The Court granted our petition and the hearing was held. There are articles here that provide more information about the hearing. On Oct 29, 2007 the OST Court ruled in our favor and evicted NAEG from the Pine Ridge.  Although that is a victory, we expect NAEG to appeal and seek entry to our lands once again.  The Tribal Council also took action to evict NAEG from our lands.  Time will tell how hard NAEG will fight to be on the Pine Ridge!  Keep reading to see all the articles published on the Rez about this issue.

ARTICLES:

THE WORLD IS KNOCKING AT OUR DOOR…
WATER STUDY OR PRELIMINARY MINING EXPLORATION?

Guest Editorial By:  Natalie Hand

 Red Cloud Community, SD…A quiet storm is building on the reservation these days.  There is a New York-based company called “Native American Energy Group” (N.A.E.G.) that has infiltrated the reservation and, most notably, the office of Oglala Sioux Tribal (OST) President John Yellow Bird Steele.

What is N.A.E.G.?
N.A.E.G. is a publicly traded company that bills itself as, “an independent energy resource development and management company”.  N.A.E.G. was recently bonded in August, 2005 by the Department of the Interior (DOI) to acquire, develop and produce oil/gas/mining exploration on all federally recognized Indian reservations in the U.S.  Their foremost endeavor into Indian Country is presently on and near the Ft. Peck Reservation in Montana, where there are conducting oil & gas exploration/production.

Meeting N.A.E.G.
I received a warm welcome when I visited the N.A.E.G. “Information Center Office” located in old I.H.S. housing in Pine Ridge Village.  I.H.S. housing?  According to I.H.S. sources, a representative of President Steele directed the I.H.S. Director to provide available housing to N.A.E.G. representatives.  I was met there by Mr. Tony Johnson, Senior Geologist & Petroleum Engineer, and Eileen Janis, former OST Vice President and presently the chaperone and tribal liaison to N.A.E.G. officials.  Ms. Janis informed me that she was no longer a tribal employee and she was working with N.A.E.G. as a favor to Leonard Peltier, political prisoner.  According to Ms. Janis, it was Leonard who made first contact with N.A.E.G. and asked them to help the Oglala Lakota get housing. 

According to their account, Mr. Johnson stated that initially his company did come to Pine Ridge with the intent to assist with the housing shortage here.  They had a heady goal of up to 4,000 homes for needy families.  A generous gift?  Well, not quite.   N.A.E.G. stated that they will seek grants and federal funding through the Housing & Urban Development program to get the houses built.  Energy-efficient homes are costly to build and maintain  and as N.A.E.G. put it, “We need to help the Lakota generate income to maintain these homes.”  

N.A.E.G.’s webpage states, “…covering more than 50 million acres in the West, Indian Country encompasses large areas of oil and gas and other mineral production regions of current exploration activity and many vast areas yet to be investigated in detail.”   Which would explain their immediate interest in the Pine Ridge Reservation.  Billed as the second-largest reservation in the U.S., Pine Ridge also contains one of the largest mineral reserves in North America.

In April of this year, N.A.E.G.’s CEO Joseph D’Arrigo and CFO Raj Nanvaan (a.k.a. Tejbir Singh) met with Michael Catches The Enemy, Director of Natural Resources and the point of contact on mining and with other members of the OST Environmental Heath Technical Team.  Team members informed me that N.A.E.G. executives had grand plans to relocate Lakota families out of uranium-rich lands in Jackson County and build them houses in another part of our treaty territory.  N.A.E.G. indicated that in order to facilitate construction and relocation, they would need to partner with OST to “tap into the Tribe’s natural resources” to finance such a plan.  According to Mr. Johnson, the language in the initial “Private Placement Presentation For The Project Financing of Exploration and Mining of Uranium on the Tribal Lands of the Pine Ridge Indian Reservation” presented to the Tribe was “…just the hook to get the investors on board.  We don’t actually have plans to mine anything on Pine Ridge…unless that is what the Tribal members want.”  In this presentation packet, it states, “…Tribal Council President John Yellow Bird Steele has indicated preliminary support for exploration and mining of uranium on the Pine Ridge Reservation”.

It’s Just A Water & Soil Study…
By July, 2007, it had become increasingly apparent to N.A.E.G. that they were losing ground on their long-range “energy resource development” project.  On July 13, 2007, under extreme scrutiny from concerned tribal members and unfavorable reports from the OST Environmental Health Technical Team, President Steele wrote a letter to N.A.E.G. executives canceling future meetings and directing them to cease all types of business ventures on the Pine Ridge Reservation.  Tribal sources indicated that shortly after receiving the correspondence, N.A.E.G. executives contacted President Steele, at which time he informed them to ignore the letter and “just come on down anyway”; referring to a July 21-23rd meeting.  When I presented a copy of this letter to Mr. Johnson and Ms. Janis, they informed me that they had no knowledge of it and were surprised because, as Mr. Johnson put it, “I see John regularly and he has never advised me to stop working here.“  Additionally, President Steele, along with his wife and N.A.E.G. tribal liaison Eileen Janis were treated to an all-expense paid trip to New York City to meet with N.A.E.G. executives and their investors.

What plans came out of that meeting remain a mystery, but all involved came away with a new strategy…a “comprehensive water and soil study/education campaign.”  Mr. Johnson informed me that to create infrastructure on the reservation, we must first conduct a water study and educate the tribal membership on the results and what should be done with the water.  The basis of this perspective is a 1992-97 U.S.G.S. water study conducted on Pine Ridge which showed maximum contamination levels in our ground and surface water.  N.A.E.G. is utilizing this study to “educate” and win-over tribal members to get them to approve of their plan. 

Tribal Perspective
N.A.E.G.’s argument is that there has been no recent comprehensive heavy metals/minerals study conducted and studies done by the OST Environmental Protection Program and OST Rural Water Department are only bacterial tests, a claim that is vigorously disputed by both offices.  According to the OST Rural Water Department, the minerals found to be present in their studies of the public water system are “naturally occurring” and do not pose a health threat at this time.  However, they stressed the fact that they have no control over private-owned wells.

Bob Pille, Director of OST Environmental Protection Program, stated, “The U.S.G.S. water study was, which is what N.A.E.G. is basing their argument on, is irrelevant.  We disproved that report sometime ago by conducting our own study.  The contamination levels were significantly lower than what U.S.G.S. was reporting.  We believe that their study had inconsistencies because they used a mobile lab which may have been contaminated.”   While Mr. Pille and his co-workers agree that a comprehensive water study would be welcomed, they believe that N.A.E.G. has ulterior motives, based on their proposed “Master Consulting Agreement“.  In that initial agreement, N.A.E.G. wanted exclusive rights and first right-of-refusal to “…minimize and ultimately eliminate the health threats to members of the Tribe” and “…remove contaminating minerals to be sold for commercial uses…” (I.e. In-Situ Leach Mining).

According to literature distributed by OST Natural Resources, once in-situ leach mining has ceased at a mine site, it takes decades to restore the water source and “…no aquifer in the United States has ever been returned to it’s pre-mined state.”  Radioactive wastewater from the mine is often stored in an evaporation pond, releasing radon gas (usually associated with lung disease) into the atmosphere.

In a recent education campaign flier distributed by Owe Aku’s (Bring Back The Way) Debra White Plume, it is noted that there is in-situ leach mining presently happening within our treaty territory in Crawford, Nebraska.   The “Crow Butte Uranium Mine” sits atop the High Plains Aquifer that flows into the Eastern portion of the Pine Ridge Reservation.   The report states, “…Crow Butte Uranium Mine has spilled or leaked thousands of gallons of contaminated water into our land, air and ground water.”   Mrs. White Plume stated, “Our tribal leaders and Environmental Health Technical Team need to be visionaries in their jobs and enact legislation to protect us from future energy companies that will be coming behind N.A.E.G.  If we do our job today to protect our natural resources, our grandchildren will not have to take up this fight in the future.”  Mrs. White Plume is organizing the “Crying Earth Rise Up! Uranium Summit” to take place on Pine Ridge in October to further educate the Tribe on the irreversible effects of uranium mining.  She is hopeful that the OST Environmental Health Technical Team will co-sponsor the summit.

In a recent Red Shirt Village Community Meeting, a known “hot spot” full of uranium and other minerals, residents overwhelming voted to support OST Council Resolution #07-154, which supports the decision to cease business with N.A.E.G. for uranium mining.  It is imperative to note that the OST Council passed historic legislation, voting unanimously  to declare the Pine Ridge Indian Reservation a nuclear-free zone.

N.A.E.G. and Ms. Janis insist that there are no plans to pursue mining on Pine Ridge and that N.A.E.G. is not in the mining business.  However, Mr. Johnson stated that once the Tribe sees the result of their water/soil study, N.A.E.G. wishes to have first rights to “clean up the water” (mining).  But he concedes, “…a referendum vote would be required to approve that”.

Exercising The Treaty
On September 9th, 2007, the Oglala Band of the Black Hills Sioux Nation Treaty Council issued a position statement to the Oglala Sioux Tribal Court declaring their opposition to N.A.E.G. and called for their removal from the reservation based on Article 1 of the 1851/1868 Ft. Laramie Treaty.  Article 1 states, “If bad men among the whites, or among other people subject to the authority of the United States, shall commit any wrong upon the person or property of the Indians, the United States will, upon proof made to the agent and forwarded to the Commissioner of Indian Affairs at Washington City, proceed at once to cause the offender to be arrested and punished according to the laws of the United States, and also re-imburse the injured person for the loss sustained.”

Importantly, the Treaty Council stated, “…any future impact of the environment and/or the people on the Pine Ridge Indian Reservation regarding exploration, drilling, testing, and/or mining of any kind for any type of mineral/metal/resource must be thoroughly scrutinized and investigated by the Black Hills Sioux Nation Treaty Council Oglala Band representatives in conjunction with the Oglala Sioux Tribal Environmental Health Technical Team…”  Bring Back The Way, represented by Debra White Plume, joined the Black Hills Sioux Nation Treaty Council in this action.

OST Chief Judge Lisa Adams held a preliminary hearing later that day and, upon hearing testimony, granted a “show cause hearing” to be scheduled on September 24, 2007.  At that time, if they so choose, N.A.E.G. representatives can make their case.

Final Thoughts
If N.A.E.G. was true to their word and only wanted to help the Oglala Lakota Oyate, then there wouldn’t be “strings attached” to their partnership.  Importantly, the Oyate need to remember that there are unscrupulous individuals that would sell out their homeland and their own people to make a fast buck.  At press time, President Steele still had not returned calls to issue a statement for this article.

In the words of noted scientist Dr. David Suzuki, “…the world is at your doorstep.  Nowhere can you go on this planet to escape this global economy.  This monster that is coming on to your lands has no limit to its appetites, because it believes it can grow forever.”

 

Black Hills Sioux Nation Treaty Council & Owe Aku

v. Native American Energy Group

The Show Cause Hearing

 By Natalie Hand
Pine Ridge, SD

Today marked the fourth day of testimony in the show cause hearing brought by the Lakota Band of the Black Hills Sioux Nation Treaty Council and grassroots advocacy group, Owe Aku.

On this day, the plaintiffs called Eileen Janis to the stand.  Janis, a self-described tribal liaison for Native American Energy Group (N.A.E.G.), was kept on the stand for their entire day.  Janis seemed confused at times and unable to recollect dates and conversations.  The following is an overview of her testimony to date…

Ÿ         She emphatically denied that N.A.E.G. was on Pine Ridge to conduct mining exploration or mining. 

Ÿ         She stated that they are offering to do a comprehensive water/soil study, estimated to cost up to $10 million dollars, for nothing in return. 

Ÿ         Has received numerous calls from tribal member supporting the need of a water study.

Ÿ         Testified that Leonard Peltier encouraged her to work with them to bring houses to Pine Ridge.

Ÿ         Further, N.A.E.G. is offering to bring 4,000 homes to Pine Ridge for free.

Ÿ         N.A.E.G. is asking for exclusive rights to water/soil study.

Ÿ         N.A.E.G. wants first right of refusal to help “clean up” our contaminated water.

Ÿ         N.A.E.G. intends to apply for federal Housing and Urban Development grants to get these homes built. 

Ÿ         In order to maintain new homes, N.A.E.G. is trying to tap into OST’s resources to fund this effort.

Ÿ         Janis acknowledged that she used unethical tactics when she misrepresented herself as OST Vice President in January 6, 2007 letter to N.A.E.G., but insisted that President Steele was aware of it and endorsed the practice.

Ÿ         Insists that mining is illegal, but a referendum vote would be necessary to “clean up” the water.

According to testimony given last week by Michael Catches The Enemy, Director of OST Natural Resources, it was Raj Nanvaan, CFO of N.A.E.G. that proposed to relocate families out of the Jackson County and Red Shirt areas for the purpose of extracting minerals there.  Catches The Enemy stated that he and members of the OST Environmental Technical Team were appalled by this suggestion and expressed their concerns to Nanvaan.  Coincidentally, Raj Nanvaan is actually an alias name.  His actual name is Tejbir Singh.  He also goes by Raj Anderson.  He was convicted of defrauding investors in 2003.

Catches The Enemy indicated that based on April and July meetings with N.A.E.G., the OST Environmental Tech Team concluded that N.A.E.G.’s primary interest was in uranium mining.   They made a formal recommendation to OST President Steele and the OST Council to cease and desist all negotiations with N.A.E.G.

Supporting the Treaty Council’s position, OST Council Representative Kathy Janis (Wounded Knee District) testified that N.A.E.G. did not follow proper protocol and essentially “snuck in the back door”.  She stated that they did not come before the Land Committee or any other standing committee that she is aware of.  Further, she testified that uranium mining has atrocious effects and is very concerned what it would do to this land and our people.  Representative Janis testified that, as Chairperson of the Health and Human Services Committee, she was disturbed to learn that N.A.E.G. had moved into a I.H.S. house located near the old hospital, as it was reserved for the OST Ambulance Service.  When asked to give a personal opinion on this case, Rep. Janis stated, “…we have knowledgeable, competent tribal members that can do a water study and apply for housing grants.  These people (N.A.E.G.) were brought in the back door.  I saw that they included a budget for a referendum vote in their proposal.  Why do you need that if it is just a water study?”

Former OST President Harold Salway was also called to testify to his recollection of a meeting with N.A.E.G.  Salway indicated that N.A.E.G. appeared to be “very evasive”  He also testified that there are known protocols in place when dealing with outside entities bringing proposals to the Tribe.  N.A.E.G.’s attorney, Susan Schrader, asked Salway if contracts can be negotiated back and forth before becoming final and being presented to Council.

Salway responded, “Something of this magnitude should have been dealt with immediately.  Immediate knowledge and disclosure is required.  Nine months is too long.  Based on the project at hand, eventually Steele would have to refer this to Council, Tribal Elders and Treaty Council.  He (Steele) should be here to answer these questions.”

Reno Red Cloud, Director of OST Water Safety & Maintenance, was called to testify to the validity of N.A.E.G.’s claims of contaminated water.  Red Cloud indicated that he follows strict Safe Drinking Water Act regulations and that our public water systems are safe for human consumption.  Further, he indicated that there are certified water testers on the reservation.  Red Cloud testified that, “…based on my 26 years of experience, there is no way to safely extract uranium from groundwater.”

Plaintiffs in the case have subpoenaed OST President John Steele to take the stand and answer to the people.  As of this date, he has been called to the stand twice and has yet to appear.  Chief Judge Lisa Adams stated that all subpoenaed witnesses will appear and testify or they will be held in contempt of court.

Black Hills Sioux Nation Treaty delegate Floyd Hand (plaintiff) stated, “John Steele is not above the law.  Many tribal members are calling his actions an impeachable offense.  He needs to be accountable to the entire tribal membership.”

Steele and N.A.E.G. officials are listed as witnesses scheduled to be called later this week, after which, the defense will begin to call their own witnesses.

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Mining Company Escorted Off The Pine Ridge By Tokala
By Natalie Hand

Pine Ridge Agency, SDToday, traditional leaders requested once again that Native American Energy Group (N.A.E.G.) leave the reservation.   The ongoing show cause hearing to exclude N.A.E.G., which began September 24th, came to an abrupt stop today when Oglala Sioux Tribal Court Chief Judge Lisa Adams respectfully asked N.A.E.G. representatives to leave the reservation until the issue is resolved. 

Newly appointed N.A.E.G. attorney, Dana Hanna, argued that the plaintiffs, Oglala Delegates of the Black Hills Sioux Nation Treaty Council and Debra White Plume of Owe Aku, had not presented any evidence as to why his clients should be excluded from the reservation.  Further, he stated that the 1851 and 1868 Ft. Laramie Treaties have no bearing on this case and that only the OST President or Vice President could initiate exclusion orders.  He entered a motion to dismiss the case.

The plaintiffs, representing themselves, argued that Hanna should recuse himself from this case based on conflict of interest.  Hanna informed the Court that he formally worked as Rosebud Sioux Tribe’s Attorney General and now represents the Oglala Sioux Tribe in I.C.W.A. cases.  White Plume stated, “We feel that the work that Mr. Hanna does to help our Oglala Lakota children is honorable and that by representing a mining company that is not wanted here by our Oglala Lakota people is a clear conflict.” 

Chief Oliver Red Cloud, Chairman of the Black Hills Sioux Nation Treaty Council, informed the Court and the defendants that the Treaty was the supreme law of the United States.  Further, he indicated that the Treaty is in the OST Constitution and has great bearing on court proceedings here.  “People like you (Hanna), challenge all Native nations when you dismiss treaty laws.  Maybe we will have to use Article I on you as well.  I will convene a full Treaty Council meeting with the eight reservations and we will collectively decide your fate in Indian Country”, stated Chief Red Cloud.

The Honorable Judge Adams expressed the conflicts that this case is creating.  In addressing Hanna and his clients, she stated that she is in a difficult position, as the OST Law and Order Code specifically states that tribal customs and traditions be recognized.  On the other hand, Judge Adams noted that she is sworn to uphold the laws set forth in the I.R.A. court system. 

Hanna continued to argue his motions for dismissal and it became apparent that he and N.A.E.G. representatives had no immediate plans to leave as requested.  At that point, Oglala Tokala, present in the courtroom, approached the defendants and told them to leave.  They were escorted from the courthouse. N.A.E.G. officials and their attorney fled the reservation with the Tokala in tow.  OST Lay Advocate and tribal member, Susan Schrader, co-counsel for N.A.E.G., stated that she supports what N.A.E.G. is doing here.  OST member and N.A.E.G. representative Eileen Janis continues to stand with the mining company and insists that they are only here to conduct a water-study.  In testimony last week, OST President John Steele indicated that he was present with Janis at meetings in New York City with N.A.E.G. while they pitched a uranium mining proposal to potential investors.  He further testified that he has always been against mining and that he doesn’t understand why N.A.E.G. is fighting to stay on Pine Ridge when they are clearly unwanted by so many entities here.

During his testimony, he implicated Eileen Janis as potentially committing fraud by misrepresenting herself as OST Vice President in January, 2007.  Janis authored at least one letter to N.A.E.G. officers on OST Vice Presidential letterhead while she was employed as Steele’s administrative assistant at the time.  Further, when presented with a copy of a memo to N.A.E.G. on Steele’s presidential letterhead, Steele testified that he had never seen the memo and that his signature had been forged.  At that time, Janis yelled from the Court gallery that she had discussed the memo with John and he told her that she could sign his name to it.  Steele denied this.  

 “N.A.E.G. made an unforgivable error by not going to the Treaty Council first to discuss their proposals”, stated Judge Adams.  She ordered the Treaty Council and Owe Aku to submit a written motion concerning the removal of Hanna as attorney for N.A.E.G. within three days to forward to the OST Supreme Court.  Additionally, the plaintiffs have until October 26th to submit their written motion as to why the Court should not dismiss this exclusion request.  Court is scheduled to resume on October 30th at 9:00 a.m.
An emergency session of the Black Hills Sioux Nation Treaty Council will convene on Sunday, October 14th at 10:00 a.m. in Billy Mills Hall at Pine Ridge. 

Treaty Council Convenes, Imposes Uranium Mining Ban in 1851/1868 Treaty Territories
By Natalie Hand

Pine Ridge Agency, SDThe Black Hills Sioux Nation Treaty Council convened an emergency session to address the pressing issue of mining companies infiltrating the 1851/1868 Treaty Territories.  Council Delegates representing six of the eight Sioux Bands were present to discuss resolutions to protect the next seven generations of the Great Sioux Nation.

 The Treaty Council voted unanimously to forever ban open pit and in-situ leach uranium mining and declare the Treaty Territories a nuclear-free zone.  Further, the Council committed to fight against existing Crow Butte, Inc. Uranium Mine near Crawford, NE, the Powertech Uranium Mine and Neutron Uranium Mine operations in the southern Black Hills.  The Council also endorsed a planned uranium summit to educate tribal members of the environmental and health risks associated with uranium mining.  And the final action came when the Treaty Council voted to ban Native American Energy Group (N.A.E.G.) from the Treaty territories.

 Environmental activists applauded the Treaty Council for upholding their obligation to protect and preserve the Great Sioux Nation Treaty Territories. 

Following the “Yellowcake” Road…
The Oglala Lakota Band has taken legal action to exclude Native American Energy Group (N.A.E.G.), a New York-based energy company that has proposed uranium mining exploration and development on the Pine Ridge Reservation.  On Tuesday, October 9, 2007,  the court action came to an abrupt halt when a traditional Lakota warrior society  forcibly removed N.A.E.G. officials from the reservation.

 After weeks of testimony in a show-cause hearing to exclude N.A.E.G., Oglala Sioux Tribal President John Steele testified that he is opposed to uranium mining and does not know why the energy company is still on the reservation.  However, Steele and former Vice President Eileen Janis have had private meetings with N.A.E.G. officials and met with their potential investors that are “major players” in the commodities industry.  Steele and Janis have testified that they were aware that uranium mining and exploration is illegal on the reservation before they traveled to New York to meet with N.A.E.G.’s investors.. 

 Steele has been criticized for continuing to meet with N.A.E.G. for months following a Oglala Sioux Tribal Council resolution to cease all negotiations with them.  Janis, tribal liaison for N.A.E.G., is currently under federal indictment for embezzling federal program funds   Her trial begins later this month in Rapid City.

 Natalie Hand resides in the Mahpiya Luta Tiospaye on the Pine Ridge Reservation. She is a freelance journalist, grassroots activist and mother.

JUDGE ISSUES RULING…N.A.E.G. EXCLUDED FROM PINE RIDGE

 Pine Ridge, SD  On October 29, OST Chief Judge Lisa Adams issued an exclusion order to remove the Native American Energy Group (N.A.E.G.) from the Pine Ridge reservation, declaring that the company has been trespassing on tribal lands. The finding gave NAEG 30 days to vacate the reservation. 

 The Judge also noted that N.A.E.G. ignored a tribal resolution that accepted the OST Environmental Technical Team’s recommendation that the Tribe not enter into any working relationship with N.A.E.G.  Further, the order stated that OST Member, Eileen Janis, failed to inform N.A.E.G. about OST ordinances prohibiting exploration and mining for uranium.

 Plaintiffs in the case, Black Hills Sioux Nation Treaty Council (Oglala Delegation) and Owe Aku, were  pleased with the exclusion order.  “Judge Adams showed great respect for the Treaty Council during this hearing.  However, we must update the language in our outdated Tribal Law and Order Code to combat new mining and exploration techniques.  N.A.E.G. is gone, but they could try and return in another form and there are many other companies out there that will try to bribe their way onto our homeland,” stated Floyd Hand, Treaty Council delegate.

 N.A.E.G., a New York-based oil/gas/mining company, approached OST tribal officials in early 2007 with a written proposal to embark on a multi-phase plan to mine uranium on the reservation.   Once this proposal was disclosed to the public, tribal members expressed outrage that a mining company had been on the reservation for so many months without following protocol.  The Treaty Council, along with Owe Aku, a non-profit environmental activism group, took action and filed a motion in early September, to exclude the company from Pine Ridge.

 “The Pine Ridge Reservation and 1868 Ft Laramie Treaty Territory has been declared a nuclear free zone by both the Tribal Government and the Treaty Council. The court action brought by Owe Aku and the Treaty Council to stop this company from desecrating our sacred Mother Earth has been decided in our favor. It has been a challenging experience to fight an energy company, but worth the effort to protect our Treaty Territory. Companies who come to our land need to come with full disclosure of their intentions to do business with our people, our leaders need to enforce such a policy so we are not faced with a similar situation in the future,” said Debra White Plume of Owe Aku.

OST Council Special Session: Report Reveals Impeachable Offenses
By: Natalie Hand

 Pine Ridge Agency, SDIn a special session of the OST Council on Monday, November 5, 2007, the Black Hills Sioux Nation Treaty Council Oglala Delegation and Bring Back The Way presented the Council with a “Findings Report on the Native American Energy Group” (N.A.E.G.).

 Debra White Plume, Director of Bring Back The Way, read the 11-page report to the Council, citing that through meetings, court testimony, and subpoenaed documents, there is evidence that, “… OST President John Steele… exhibited unethical and dishonest conduct in his relationship of action and inaction with the Native American Energy Group.”

 Additionally, the report shows that Steele acted in collusion with Eileen Janis, former OST employee, in a scheme to misrepresent the Oglala Sioux Tribe while meeting with N.A.E.G. investors in New York City.  N.A.E.G. invited Steele and Janis to the meeting to promote a multi-phase uranium mining project on Pine Ridge.  The report urges the Tribal Council to take legal action against Janis, based on criminal acts of fraud, forgery, and perjury she committed while working as N.A.E.G.’s liaison.

 Treaty Council Delegate Floyd Hand called for impeachment proceedings to begin against Steele, based on the report findings.  Hand further requested that tribal ordinances be enforced that would ban tribal members from OST employment if they have committed “dishonorable acts”, such as fraud or embezzlement.  “If this Council refuses to take action, we will through federal court.”

 Wounded Knee District Representative Kathy Janis asked Steele to respond to the report.  Steele stated, “There was never any relationship with N.A.E.G.  The Tribe was never in any harm.”  Pine Ridge District Representative, Ella John Carlow, asked, “Why didn’t you ever send N.A.E.G. to a standing committee?”  Steele responded that there was no reason to do that because there was no relationship.

 The Tribal Council advised Hand that there is a procedure to follow and encouraged him to put the complaint in writing and submit it to the OST Secretary. 

 Impeachment was the common theme for this special session.  The purpose of this meeting was to hear a complaint and motion for impeachment against OST Secretary Elizabeth Waters for altering tribal meeting minutes and resolutions.  Valerie Two Eagle, the complaintant, argued that Waters altered wording in a tribal resolution.  The Tribal Council voted 9 For, 5 Against to dismiss the charge and verbally reprimanded Waters for her conduct.

Impeachment Complaint on Oglala Sioux Tribal President John Yellow Bird Steele

 November 22, 2007

 Pine Ridge Agency, SD…

On November 21, 2007, the Oglala Delegation of the Black Hills Sioux Nation Treaty Council filed an Impeachment Complaint on Oglala Sioux Tribal President John Yellow Bird Steele with the Oglala Sioux Tribe‘s(OST) Secretary, Elizabeth Waters.

 The impeachable offenses Steele is being charged with include acts of Dishonesty, Gross Incompetence, and Unethical Conduct.  These charges stem from Steele’s actions and inactions in connection with the Native American Energy Group (N.A.E.G.), a New York-based gas/oil/mining company. 

 The Treaty Council recently won a court case to have N.A.E.G. excluded from the Pine Ridge Reservation for working with Steele for several months to develop a plan to explore for and mine uranium on the reservation.  Pine Ridge Reservation has been declared a nuclear-free zone by the B.H.S.N. Treaty Council and the OST Council. 

 “Steele must be held accountable for his actions.  Our evidence will show that Steele was aware of N.A.E.G.’s ultimate goal to mine uranium here and that he allowed them to come here to formulate a plan, with no regards to the irreparable harm that it would bring to our sacred water, land, air and people“, stated Floyd Hand, Treaty Delegate.

According to the Tribe’s Constitution, the Impeachment Complaint must be presented to the Tribal Council at the next scheduled Council meeting and supersedes all other issues on the written agenda.  Ms. Waters confirmed that the next meeting is set for November 29, 2007 at 10:00 a.m. in the Tribal Council Chambers.

 For further information, call Floyd Hand at (605) 867-5762.



 
 

Owe Aku: Bring Back the Way

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