Brewer angry that his name on it without his knowledge
By Brandon Ecoffey
Native Sun News Managing Editor PINE RIDGE — Oglala Sioux Tribal President Bryan Brewer does not support a proposed resolution being brought to the council floor by the tribe’s Economic and Business Development Committee that would hire the Susman Godfrey L.L.P. law firm to explore new ways to mitigate the Black Hills settlement money. “I did not know about this resolution until very recently but I will not have my name attached to any legislation that would negotiate the release of the Black Hills settlement monies,” said President Brewer. Brewer was in Washington, DC attending President Barack Obama’s Tribal Leaders summit and he was concerned that the resolution would be voted on by the council while he was out of town. The resolution that is being brought to the council floor by the committee sets out several positions that the tribe would take if passed by the full council. In part it reads, “To negotiate an attorney’s contingent fee contract with the firm to assist the Tribe in setting up negotiations with the United States Government to mediate outstanding disputes relating to the Black Hills Claim in response to President Obama’s 2008 invitation to “{bring} together all the different parties through the government-to-government negotiations to explore innovative solutions to this long-standing issue,”. However according to Council representatives Irv Provost and Jacquelinne Siers that resolution is not about taking the money that was allotted in the land claim by a federal court and that is a misunderstanding. “We went to Washington DC to look for an attorney to represent us on the claim and to find ways to move before President Obama is out of office. He made a promise that he would be open to having a discussion with us on ways to settle it. I wouldn’t support taking the money and at the next council meeting we need to get the information out to make that clear,” said Siers. Irv Provost echoed what Siers said and also stated that the tribe was looking to hire the firm to move on a class action suit for compensation for lost revenue on mineral rights and water damage. “I’m totally against taking the money in any way; Susman Godfrey L.L.P is a good firm that works on suits like that. We need to be compensated for the timber and gold and the damage that has been done to our water. We would never support taking the money, the Black Hills are not for sale,” said Provost. Obama in a press release from his campaign in 2009 said, “Obama would not be opposed to bringing together all the different parties through government-to-government negotiations to explore innovative solutions to this long-standing issue.” According to Siers the move by the tribe was simply part of considering taking up the President’s offer and not about settling the claim through accepting the money that has now reached nearly $1 billion. The resolution goes on to outline several other points. The first being that if passed the resolution would, “through non-binding mediation could result in a fair and honorable resolution of the Black Hills Claims, with less expense to the Sioux tribes.” Secondly that, “History will show that the Oglala Sioux Tribe took proactive moves to resolve outstanding dispute relating to the claim pursuant to an invitation from the President of the Unite States.” It also reads that the tribe would urge others involved in the claim to also bring negotiations and that any final agreement would require the approval of the other tribal councils involved with the claim. It would also direct President Brewer to execute the agreement on behalf of the tribe and requests that the other tribes involved in the Black Hills Claim join with the Oglala Sioux Tribe in retaining the services of Susman Godfrey, L.L.P. so all the Sioux tribes can” unify” on negotiating a settlement. The resolution names the following as those who would assist the law firm and President Brewer in mediating the claim; the following council members are named Paul Little, Irv Provost, Stanley Little Whiteman, Ruth Brown and Barbara Dull Knife. In a letter acquired by Native Sun News regarding the possible retention of the Susman Godfrey L.L.P. addressed to President Brewer and members of the Council the Texas based firm thanks the tribe for meeting with them. “Thanks so much for asking us to look at potentially representing the Oglala Sioux in litigation relating to the Black Hills Act of 1877…The bottom line: it now appears to us that going back to the older proposal made to mediate the Black Hills dispute (and the accompanying billion-dollar fund) with President Obama would be faster, less expensive for you, and likely to be more successful than filing a limited lawsuit now under the Black Hills Act of 1877.” President Brewer however is outraged that his name was included in the resolution. “I do not support taking any of the money connected to the Black Hills Land Claim. My name has been peppered throughout the resolution and I do not even want to see this make it to the council floor. The Black Hills are not for sale.” One former tribal judge speaking on condition of anonymity told Native Sun News, “that if the tribe passes this resolution they will essentially remove any claims they have to the Black Hills and this disappoints me.” The judge would go on to highlight a specific clause in the resolution that sets up a contingency fee clause. “Contingency means the attorney doesn’t get paid until the tribe gets that money. Lawyers don’t do that unless the award is pretty certain. This resolution has to do with the money.” Garfield Steele, Wounded Knee district representative, took a strong stance on this issue in a phone call to Native Sun News. “Any notion that we are touching the Black Hills money is wrong. When these issues come to the council floor we are all going to kill them. In addition we will be reaffirming our position that the Black Hills are not for sale. The Oglala have been the lead on this issue throughout history and on not taking the money. That will not change. Everyone needs to know that we will never touch that money, ever.” The council has yet to set a solid date on when or if the resolution will be voted on however Pine Ridge district representative Larry Eagle Bull Sr. concurred that it is dead in the water. “That thing is not going anywhere. The Black Hills are not for sale at least not in my lifetime anyway.” (Contact Brandon Ecoffey at staffwriter2@nsweekly.com)
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