Oral arguments were heard this week in a legal fight over redistricting outcomes for North Dakota tribal lands.

About a year ago, North Dakota was ordered to adopt a new legislative map after the Spirit Lake Tribe and Turtle Mountain Band of Chippewa Indians, along with some individual voters, filed a lawsuit. They claimed the original map, updated after the 2020 census, illegally diluted Native American voting rights.

Samantha Blencke, senior staff attorney for the Native American Rights Fund, said they are now trying to defend redistricting victories in the appeals process, as state leaders push back on recent developments.

"I think the big point here is these are extreme arguments, they go against decades and decades of precedent," Blencke asserted.

The arguments to which she refers are from the North Dakota Secretary of State's office. In its appeal of the decision to order new political boundaries, it contended private citizens cannot pursue legal action under certain sections of the Voting Rights Act. The state argued its efforts did not violate federal law. Blencke anticipates a decision fairly soon but stressed the legal proceedings have no effect on this fall's election.

However, Blencke pointed out a favorable ruling for the state could affect future elections.

"The Legislature could adopt a new remedial map and propose that to the district court to review, to see if it also remedies the vote dilution," Blencke explained.

But legal groups assisting the tribes do not want to reach that point and would prefer to stick with the court-ordered map. According to the Native American Rights Fund, the 2020 census showed the number of Native voters in North Dakota grew to nearly 6% of the state's voting-age population but added the legislature adopted a district map reducing the number of candidates Native voters could elect in the northeastern part of the state.

A new survey of Native American teens and young adults highlights a growing preference for the term "Indigenous" rather than being referred to as "American Indian."

Researchers from the Aspen Institute's Center for Native American Youth surveyed close to 1,000 Native Americans under age 24, including a large contingent from California.

Cheyenne Runsabove, associate director of youth programs at the center, said the term "Native American" is still dominant.

"Fifty-three percent of Native youth prefer the word 'Native American,' and only 7% prefer the word 'American Indian,'" Runsabove reported. "We continue to see that 7% going down, and what we continue to see uptick is the word 'Indigenous.'"

The report, called "Center Us," also found many Native youths are apathetic toward U.S. elections and disappointed in the rate of change. It also found Native youth who feel culturally educated are four times more likely to see themselves as capable of making a difference than those who do not.

Runsabove pointed out culture is identity for Native youth and noted more than 60% of California Native youth said they feel either moderately, a lot, or a great deal culturally educated.

"Language, history, stories, connection to land, all of those things are at the core of identity for Native youth," Runsabove explained. "And so, we have to be mindful of their true cultural identities."

The survey noted big differences between young people in urban areas versus small towns and reservations, when it comes to the availability of culturally-informed health care, after-school programs and money for college.


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The idea of revoking military medals awarded to soldiers at the Wounded Knee Massacre has gained traction recently, but some expect that to stop during the next administration.

During the 1890 Wounded Knee Massacre that took place on the present-day Pine Ridge Reservation, 25 U.S. Army men died and hundreds of Lakota people were killed.

Nineteen Army men involved were awarded Medals of Honor, the military's highest award.

Some say revoking military medals is a slippery slope, but others argue that recipients need to deserve the distinction.

On a South Dakota Humanities Council panel last week, Retired U.S. Army Major, professor, and military historian Dwight Mears said letting the awards stand is "objectively pretty offensive."

"Because," said Mears, "it inverted what essentially amounted to many, many crimes committed at Wounded Knee into an act of emulation, right?"

Various groups and lawmakers have called on the U.S. to reconcile this since the 1970s.

Mears said as the law stands now, Medals of Honor come strictly from the executive branch - and he said he doesn't expect any revocations to happen under President-elect Donald Trump.

In August, U.S. Sen. Mike Rounds - R-SD - and Sen. Elizabeth Warren - D-MA - asked that the Department of the Interior and the Department of Defense to allow more time for the review process.

But historian Brad Tennant said the event's historic nature makes that difficult.

Even the number of Lakota people who were killed is unclear. Estimates range from about 150 to more than 300.

"I think that's going to be the biggest challenge, to get beyond the guessing game and look at the reality," said Tennant. "Here we have a situation where several hundred individuals were killed and approximately two-thirds of them were women and children."

A U.S. Department of the Interior panel heard testimony from Lakota people and others in Rapid City in September.




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Montana has joined a coalition of Indigenous groups working to address Canadian coal mining pollution in the state's Kootenai River.

The International Joint Commission, formed in 1909, works to settle boundary waters differences between the U.S. and Canada. It has formed a governance body to take on the issue.

Tom McDonald, vice chair of the Salish and Kootenai Tribal Council, based on western Montana's Flathead reservation, said Canadian coal mines have been polluting the Kootenai for more than a century.

"To the point where the fisheries in Montana, as the watershed drains into Montana from Canada, it's caused fish to be deformed," McDonald explained. "Our native fish, like bull trout."

McDonald pointed out after years of stalled talks with Canada, the binational governance body will establish a cleanup plan for the 18,000-square-mile watershed over the next two years. One of the group's members is from Montana.

McDonald noted the runoff has affected the Kootenai River for nearly 400 miles into Montana and Idaho, and added the tribes finally resorted to involving the International Joint Commission to help. He emphasized selenium levels from the Canadian mines have reached the point where tribal members, who subsist on the fish in the river, cannot eat it.

"We don't know how far it's going into the food web," McDonald stressed. "We've been asking for Canada to fix the problem, enforce their regulatory laws against the coal mines, and they just haven't been able to do that. It's just elevated every year, and they keep expanding and getting bigger."

The Canadian company NWP Coal is proposing a new mine in the same watershed as the existing coal mines. The company claims its project will not increase selenium contamination but does not address the current pollution issue.


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