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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (Feb. 9, 2011)
Spilyay Tyvnoo, Wairn Springs, Oregon Pgge 11 February 9, 2011 MOU: district, tribes look to fund new W.S. school WSE (Continued from page 1) The MOU should be com pleted by the end of the year, he said. (Continued from page 1) A girl makes 20 cook ies but five of them don’t turn out. How many cook ies does%he have? The student knows that 20 minus 5 is 15, but isn’t familiar with cookies “not turning out,” and so an swers incorrectly. There are many examples of this on the standardized tests, said Smith. SIG grant money, she said, would help in ad dressing this kind of prob lem. The district can ap ply for up to $2 million per year in SIG money for up to three years. A NEW CAMPUS Buildings and other educa tional facilities were included in the old MOU and will be part o f the new one. It might be handled differently, however. The Warm Springs Elemen tary School campus is the old est in the district. Its oldest build ings hark back to the 1930s. A fire nine years ago during win ter break destroyed the gym. Its replacement was the most recent major construction work on the campus. And 25 years ago the cam pus “was inadequate,” he said. “We need to ask ‘How do we con struct a new school for Warm Springs?’ It’s long past due.” It has reached a point of the cam pus bein g “in efficien t.” Moving the children from one room to another for certain sub jects gets harder over time as a building ages and requires in creased m aintenance. And in some instances, children aren’t that close to bathrooms. It’s an overall condition that keeps them from doing what they’re supposed to be doing: getting schooled. The extra time spent on mundane things in an inefficient way “adds up and takes time away from the school day,” he said. Cobell: “We’ve done the best with what we have.” A tribal referendum sought years ago is a highly specialized concept that doesn’t match the current plan. The district also worked to obtain a grant last year. That plan, however, hasn’t come to fruition. Molitor said the district and tribe is going to look to the BIA for a new building. The BIA owns the current campus but the district takes care of it. In the 1985 MOU, long-term plans for construction and man agement of facilities are jointly planned and cooperatively fi nanced “to the greatest extent possible.” A new campus might serve a w id er range o f stu d en ts— kindergarteners through 8th graders. The district would like to see this option available to families who prefer their young teenaged children be educated closer to home. “It’s something we’re going to explore,” he said. There w ill be positive and negative aspects to having the middle school age students on a reservation campus. Less time spent on traveling back and forth to school likely will be welcome by students and parents. And there will be an opportunity for m ore tribal members to be involved in pre senting school-based N ative American cultural activities be cause they won’t have to travel as far, either. Fewer extra-curricular activi ties targeting the middle-school age students likely would be un available because there wouldn’t be as many students to service. And the opportunity to social ize with people who are differ ent is always invaluable for young people, Molitor said of poten tial drawbacks. Studies indicate that young people who understand their own culture are more likely to do well in college and better con nect with others in general. “One size fits all doesn’t work,” he emphasized. Cost of a new campus for elementary and middle school students on the reservation: an estimated $18.3 million. It could be slightly less if the real estate industry still is slow when the project reaches bidding. “Without all of the parties at the table we won’t get it done,” Molitor said. “A new building is going to send a positive mes sage.” CONTROVERSY Money for the construction of a new campus isn’t related to the School Im provem ent Grant that was discussed at last month’s school board meeting where numerous tribal members and employees spoke in defense of Dawn Smith. Under one scenario of the SIG funding, Smtih would have to be replaced as principal if the most will receive at least $1,500 (Continued from page 1) The settlement resolves the government’s failure to provide an historical accounting for IIM accounts. It also resolves claims that the government misman aged funds and other trust as sets, including royalties owed to individual Indians for oil, gas, grazing, and other leases of non- tribal Indian lands. The settlem ent establishes funds worth approximately $1.5 billion to pay individual Indian trust beneficiaries for past ac counting problems and resolve historical asset mismanagement claims. Congress has passed leg islation authorizing the settle m ent and provided funding. The President signed the legis lation into law. A majority of class members are estim ated to receive pay ments of at least $1500. Some class m em bers m ay receive more, depending on the level of activity in their IIM accounts. According to Tyler Tullis, ac count assistant, $1.9 billion of the settlement money will be used by the Department of the Interior to buy small interests in trust or restricted lands from Native Americans willing to sell their fractionated land for return to tribal use. Up to $60 m illion o f that $1.9 billion will be made avail able to provide higher education scholarships for Native Ameri can youth. “There are two classes eligible to receive m oney from the settlement,” Tullis said. “The first is the historical accounting class, who had at least one cash transaction in an open IIM ac count betw een O ctober 25, 1994 and September 30, 2009. The second is the trust adminis tration class, who owned trust land as of September 30, 2009 or had an IIM account at any point in time between 1985 and September 30, 2009.” The claim form asks for spe cific information including tribal membership number, land par cel number, social security num ber, and IIM account number. The vital statistics department keeps records for all tribal mem bers, including enrollment num bers. The IIM desk at the ad ministration building will pro vide account numbers when pre sented with ID. E states o f deceased class members may also be eligible to receive a share. The court still has to decide whether to approve the settle ment. Once approved, pay ments will be made after any appeals are resolved. Judge Thomas F. Hogan, of the United States District Court is currÉntly overseeing this case. Class members are represented by Dennis Gingold and Keith Harper. Full details of the settlement can be found at: www.IndianTrust. com. district were to pursue and, even tually, receive that money for academic improvement. SIGs aren’t tied to construc tion or physical improvements of a campus. An effective school adminis trator who is respected among community members is hard to find, let alone replace, said Molitor, adding that the district wants to see Smith stay in the position where she helps all of the students at the elementary school succeed. The students have m ade many strides at the elementary school. Some improvements, however, haven’t been coming quickly enough for all the vari ous standards schools must use to measure progress, M olitor said. If necessary, something qpuld be worked out similar to the ar ran gem en t at M adras H igh School. It received a grant re quiring that the principal step aside. A new principal will be named and the out-going admin istrator will run an integral pro gram at the school, he said. At Warm Springs Elem en tary School, Smith could take a new title, such as adm inistra tive director, in order for the school to qualify for the grant. Or no change in title may be necessary (see related story on page V- Notification in $3.4 billion trust settlement The Court-ordered pro cess o f notifying individual Indians of their right to par ticipate in the historic $3.4 billion class action settlement, Cobell v. Salazar, is underway. The settlem ent resolves claims related to Individual Indian Money (or IIM) ac counts and land held in trust by the federal government for the benefit of individual In dians. Class members all over the country are receiving detailed information about their legal rights and options via U.S. mail. On December 21, 2010, U.S. Senior D istrict Judge Thom as E Hogan granted preliminary approval of the settlement, setting in motion a process through which hun dreds of thousands of indi vidual Indians who have or had governm ent-m anaged IIM accounts or trust lands may receive some of the $3.4 billion settlement fund. The judge’s approval came after Congress passed and the President signed legislation ap proving the settlement. Cur rent estim ates project that most class members will re ceive about $1,800, with some class members receiving much more depending on the level o f activity in their IIM ac counts. The $3.4 billion settlement was reached between the De partments of the Interior and Treasury and the individual Indian plaintiffs in December 2009. The settlement resolves the governm ent’s failure to provide an historical account ing for IIM accounts and also resolves claims that the gov ernment mismanaged funds and other trust assets, includ ing royalties owed to individual Indians for oil, gas, grazing, and other leases of individual Indian lands, mostly in the West. The settlem ent provides a $1.5 billion fund to compensate an estimated 500,000 affected individual Indian trust beneficia ries who have or had IIM ac counts or own trust land. The settlement creates two groups of class members eligible to receive money from the fund-—the His torical Accounting Class and the Trust Administration Class. • The Historical Accounting Class comprises individual Indi ans who were alive on Septem ber 30, 2009, who had an open IIM account anytime between October 25, 1994 and Septem ber 30,2009, and whose account had at least one cash transaction. • The Trust Administration Class comprises individual Indi ans alive on Septem ber 30, 2009, who had an IIM Account at any time from 1985 through September 30, 2009, recorded in currently available electronic data in federal government sys tems, as well as individual Indi ans who, as of September 30, 2009, had a recorded or demon strable interest in land held in trust or restricted status. • The estates o f deceased class members will also receive a settlement distribution if the deceased beneficiary’s account was open as of September 30, 2009, or their land interest was open in probate as of that date. Other eligibility conditions and requirements for each Class are detailed in the settlement agree ment. Under the settlement agree ment, $1.9 billion will fund a Department of the Interior pro gram to buy fractionated inter ests in trust or restricted land from willing sellers to benefit tribal communities and aid in land consolidation. Depending on the level of participation in the land consolidation pro gram, up to $60 million will be set aside to provide schol arships for higher education for A m erican In d ian and Alaska Native youth. In fo rm atio n about the settlement and legal rights is available to all American In dians and Alaska Natives. The website: www.IndianTrust. com And toll-free number 1- 800-961-6109 are available to provide m ore inform ation about the settlement and the legal rights of class members. Individuals who are unsure whether they are included in the settlement should visit the website or call the toll-free number for more inform a tion. Class members who re ceive a formal notice in the mail about the Settlement and who are currently receiving IIM account statements do not have to do anything to receive payment. Individuals who believe they should be part of the settlement but do not receive a notice in the mail or are not receiving IIM ac count statements need to fill out a claim form as soon as possible, available at the In dian Trust website or by call ing the toll-free number. Individuals wishing to keep their right to sue the federal government over mismanage ment claims covered by the settlement must exclude them selves from the Settlement by April 20, 2011. Class mem bers can also submit written comments dr objections about any Settlement terms that con cern them by April 20, 2011. INDIAN TRUST SETTLEMENT - TRIBAL COURT PROBATE NO JURISDICTION Tribal Court Probate has re ceived N otice A bout Indian Trust Settlement regarding the proposed Settlement o f Cobell v. Salazar, a class action lawsuit. The United States District Court for The District o f Co lumbia have determined there has been a violation o f trust duties by the federal government pertaining to individual Indian land, Individual Indian Money (IIM) and other assets held in trust. Excerpt from United States District Court for The District of Columbia: You m ay be p art o f this Settlement with certain rights in this Settlement if you are an: • Individual Indian Money (“IIM”) account holder (even if the account currently is not ac tive or open). • Individual Indian who has L an ownership interest in land held in trust or in restricted sta tus, • Heir to a deceased IIM ac count holder or individual land- owner. B elo w is a listin g o f decedent’s that Tribal Court Pro bate has received mailings for this class action lawsuit. Please review the list to determine if you should make a claim; and be advised that this list may not be a full accurate list of dece dents who qualify for this settle ment. Aguilar, Ella Holiday, Sherman Kirk, Mavis Allen, Jesslyn K. Jim Sr., Frank Spino, Nellie Arthur, Alvita Kalama, Judy Squiemphen-Yazzie,“Priscilla Barney, Julia Katchia, Cyrus St. Germaine, Jerry C. Begay, Fern Lamb, Esther Strong, Venus Blodgett Sr., Freddie McKinley, Ivan Stwyer, Lucinda Boise-Montiel, Leah L. Mckinley, Teresa Stwyer, Martina Brown, Patricia Meanus, Mary Ann Suppah, Frankie Bruno, Sandra Meanus Sr., Marvin Suppah, Mckie A. Chee, Christopher J. Miller, Robert Suppah, Franklin Chee Sr., Charlie Mitchell, Virginia Tewee, Ruth Colwash, Thane Moran, Robert C. Thompson, Ruth Culps, Christopher O. Oscar, Lucy Thompson III, Roscoe Danzuka, Mary Polk, Joshua D. Thompson Sr., Leland Davis, Ellen Queahpama, Calvin Tiamakmak-Mitchell, Viriginia Frank, Mariel Raboin, Serena Tohet, Ina Gilbert Sr., Allen Roba, Colleen Torres, Caroline W. Govenor, Mervin Saludo, Rose Waheneka, Emily Heath, Laurence L. Scott, William Wallulatum, Nelson Heath, Cheryl Simtustus, Dorothy Wallulatum, Merris Heath, Roberta Smith, Iris Walsey, Delia Holliday, Donald Smith Sr., Alvis Walsey, Lillian Williams, Nathan A. 2011 at 10 a.m. United States District Court for the District of Columbia, 333 Constitution Avenue NW, Washington, DC • Deadline to File a Claim/ Register to Participate: Due with 45 days of the Court’s Final Approval of the Settlement (or a later date set by the Court). To enquire about this class action lawsuit please call: 1 - 800 - 961-6109 Tribal Court Probate does not have jurisdiction to manage trust assets according to Tribal Code 320. Ms. Sherry Johnson manages the BIA DOI Probate matters regarding trust assets. You may contact her at 503- 872-2795. Important Dates •Deadline to Object or Com ment on the Settlement: April 20 , 2011 • Fairness Hearing: June 20, To file a claim electronically or to print a claim form to mail you m ay v isit: wwwindiantrust.com. If you have any questions regarding probate matters that are not trust assets you may con tact Stevie Hicks, Probate As sistant or Maria Godines, Pub lic Adm inistrator at 541-553-' 1649.
