A Minneconjou Tetuwan Lakota perspective on the Federal Court ruling to dismiss Black Hills case

Another perspective of a Federal Court Ruling on the Black Hills


Federal Court Dismisses Effort to Reopen Black Hills Judgment Fund

Here is the opinion in Different Horse v. Salazar and Rosebud Sioux Tribe (D. S.D.):

Different Horse DCT Order.

And the briefs:

US Motion to Dismiss Different Horse Complaint

Different Horse Response

US Reply to Different Horse Response


 Responses to Federal Court Dismisses Effort to Reopen Black Hills Judgment Fund



    As a Minneconjou Tetuwan Lakota & having been educated off reserve, in my opinion… I see this Federal Court ruling as a way to continue to control Tetuwan Lakota tribal Lands by the US Government, which were under the governmental body of the Seven Council Fires Council of the Tetuwan Nations of the Dakota-Lakota-Nakota prior to contact.
    Manifest Destiny & genocide were used against the Tetuwan Nations to aquire & hold these lands & their mineral rights by the US Government to date, by the US Government having Tetuwans sign a treaty, where no one present at the signing had the power to sign over the said lands & agree to the said (so-called) treaties.
    The US Government have never abided by their own laws or their US treaties with the Tetuwan Nations to date, & their courts continue to ignore all laws which are applicable to them, as well as all others… otherwise the democratic process which is suppose to exist in the US, does not apply to all citizens, namely Tetuwan Lakota.

  2. Another point to be made is the Tetuwans did not agree to their captivity on Reservations, which was only attained by genocide & starvation by the US Government.





    Nothing is more real than the woman’s superiority.
    It is they who really maintain the tribe, the nobility of blood, the geological
    tree, the order of generations and conservation of families.
    In them resides all the real authority, the lands, the fields and all their harvest belong to them; they are the soul of the councils, the arbiters of peace and war,
    they hold all the taxes and public treasure; it is to them that the slaves are entrusted;
    they arrange the marriages; the children are under their authority; and the order of succession is founded on THEIR blood….
    The Council of Elders which transacts all the business does not work for itself.
    It seems that they serve only to represent and aid the women in the matters in which decorum does not permit the latter to appear or act….
    The WOMEN choose their chiefs among THEIR maternal brothers or their own children.
    Father Joseph-Francois Lafitau
    Customs of the American Indians
    compared with the Customs of Primitive Times (1724)



  4. Suzanne Dupree-LBW



    In a realistic arguement with this most recent Federal court ruling…the US Government went to the wrong source, the men… at the treaty signing, just because the European culture was Patriarchial, our Tetuwan Siouan was not.
    The US Government should have come to the Tetuwan women for any real binding treaty signing, yet because of their European mindset & their immigrant perspective, they did not approach the real source of power within the North American continent in their Patriarchial arrogance, the US Government failed to do their due dilligence at the treaty signing…

  5. You cannot have it both ways & have a true democratic process…
    The US Government have taken from the Tetuwans what does not belong to the US, & have justified their actions without merit.  Looking Back Woman-HakiktaWin Aug 4, 2011.

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About Looking Back Woman-Suzanne Dupree

Tetuwan Lakota scholar, educator, historian, Sun Dance participant, Cannunpa carrier, cultural & spiritual preservationist, journalist-writer and fraud investigator.

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3 Responses to Another perspective of a Federal Court Ruling on the Black Hills


    Joint Statement of Chief Frank Fools Crow and Frank Kills Enemy on Behalf of the Traditional Lakota Treaty Council
    Before Honorable Lloyd Meads Sub-Committee on Interior and Insular Affairs. (September 10, 1976)
    Frank Fools Crow, Lakota Chief
    Frank Kills Enemy, Lakota Headman

    Kola (friends).

    I am Frank Fools Crow, Chief of the Lakota and I am here today with Frank Kills Enemy, one of the most respected headmen and also an expert on Indian treaty rights. Before we begin, I would like to ask you why when we speak you do not listen, and when you listen, you do not hear, and when you hear us, you do not choose to understand what we say. This is one time that I ask you to listen carefully and understand what we have to say.

    We have come here from Pine Ridge today to discuss this house bill (H.R.14629) which permits the tribal councils and the people they represent to get interest on the $17,500,000 award given by the Indian Claims Commission. That interest, I believe, amounts to $85,000,000. Our people have been holding meetings on this Black Hills Claim for many years and we have just held such a meeting at Porcupine on September 8 and 9, 1976.

    At this meeting, the people authorized us to come to this hearing today and speak for them. The people unanimously reaffirmed our long-standing position that the Black Hills are not for sale under any circumstances.

    We are therefore standing behind the resolution we passed at Ft. Yates in February of this year.

    That resolution, my friends, reads:


    WHEREAS, a meeting of all Sioux Tribes concerned with the 1868 Treaty was called by the Standing Rock Sioux and all elected and traditional leaders were invited and,

    WHEREAS, during this meeting, presentations regarding the Black Hills were made by Larry Leventhal, Attorney, traditional people and elected leaders and it being the consensus of all present, the traditional people held a meeting and delegates of eight (8) Sioux Reservations were present,

    BE IT RESOLVED, the delegates of the eight (8) Sioux Reservations have unanimously agreed that all land involved in the 1868 Treaty is not for sale, and all monies appropriated for such sale will not be accepted by members of the Traditional people of each reservation, and

    BE IT FURTHER RESOLVED, that the judgment of this Black Hills case immediately implements the overall and complete jurisdiction and sovereignty of and by Indian people the Sioux Nation.

    Many people cannot and refuse to understand why the Lakota people do not want to sell the Black Hills and have taken this position. I am therefore going to explain our reasons, because the discussions surrounding this claim and the acceptance of it will have very far-reaching effects.

    I do not want our people, many years from now, to think that we have sold out. We will never sell out. I am 87 years of age and Mr. Kills Enemy is 82. Our only concern here today is for the best interests and welfare of our people and future generations of our people.

    I have some comments I would like to make on what will be going on here today.


    On all our reservations today, there are tribal councils operating under the 1934 Indian Reorganization Act. These councils were placed on the reservations by the United States Government to replace our traditional councils. These puppet governments are often times the most corrupt governments around and bring out the very worse in the whiteman system of governments.

    Councilmen on these puppet governments always represent the view of the whiteman because they are indoctrinated by the whiteman to act like this. These type of people are on the council because very few of our traditional people vote in these whiteman elections. I am told that only 30 percent of our people vote. These councilmen do not represent the majority of the people on the reservation. Naturally, many of them are here today to urge the acceptance of this bill, as they have been brainwashed to do by the whiteman.

    I want to repeat that there can never be an acceptance of this bill or the total Black Hills Claim under any circumstances. This is the wish of the people. We have a treaty and it requires 3/4 of all adult male members to sign before our land can be sold. I believe that this provision was stuck in the treaty by the whiteman because Lakota do not sell their land. The whiteman claims that he is not bound by the 3/4 provision of the treaty. This Lonewolf v. Hitchcock case has been explained to me and I have to laugh at the whiteman and his views. This case says only that the whiteman can break treaties with Indian any time he wants to.

    Let me tell you my friends, that Mr. Kills Enemy has a book which tells that the United States Commissioners who signed the 1868 Treaty were in Chicago two or three days before they signed it, and they were passing resolutions which were designed to break it.

    After these resolutions were passed, the Commissioners signed it. The treaty was broken by the whiteman before it was even signed by him. But we Lakota are more honorable men. We have signed the treaty and we will try to live by it and respect it.

    Even though this treaty may not be binding on the whiteman, it is binding on us until we vote it out. It says that 3/4 of the Lakota adult male members must sign before land can be sold and the Lakota people can never accept any payment until this provision is fully complied with.


    The Black Hills are sacred to the Lakota people. Both the sacred pipe and the Black Hills go hand and hand in our religion. The Black Hills is our church, the place where we worship. The Black Hills is our burial grounds. The Bones of our grandfathers lie buried in those hills. How can you expect us to sell our church and our cemeteries for a few token whiteman dollars. We will never sell.

    We know the underlying policy behind the Claims Commission Act and we are not fooled. The government intends to clear title to the land illegally taken, to clear their own conscience, then terminate us. I see this come out in the testimony of government witnesses in past hearings.

    For example, on page 13 of the Senate Subcommittee hearings on S. 2780 held on August 13, 1976, the witness answered Senator Abourezk’s statement on how acceptance of the bill would be a disservice to the Indian people. The witness said:

    MR. MILLEUR. By constantly bringing up the ancient wrongs which were supposed to have been settled once and for all by the Indian Claims Commission Act and having them litigated over and over again rather than forgetting the ancient wrongs and let the very salutary effect of the doctrine of res judicata take its effect as it does normally in any judicial proceedings in the country.

    These wrongs only happened yesterday and are not ancient wrongs. And I wonder where the whiteman ever got the idea that these wrongs had to be settled in his courts by his rules. Anyone can win a ball game if he makes up his own rules. This res judicata business is one of these rules. But whatever the rules are, and whatever the Claims Commission awards for the Black Hills, please remember that we will never sell.

    There can only be one settlement for the Black Hills. The Black Hills must be immediately returned to the rightful owners, the Lakota people. After that, we can talk about compensation for damages done to the fruits taken from the land. We should be paid for everything taken from the land at the value they are worth today, since the land is still rightfully ours today. But our people are a generous people and our people are willing to accept one-half the value of everything taken at the value they are worth today.

    The Claims Commission, an agency of the United States Government, has stated that the taking of the Black Hills was illegal, and the Commission claimed also that it could have been taken by Eminent Domain.

    We also understand that under the whiteman laws, the rules of the game that have been imposed in this claim, that land can be acquired in only three methods: (1) by discovery, (2) by extinguishment of title, and (3) by sale.

    There certainly has never been any discovery of our land by the whiteman. We discovered it first, because we have always been here. The whiteman recognized this right, that is why they had to enter into these treaties with us. These treaties recognized our title to the Black Hills and other land and acknowledged our right to exist as a nation without being terminated and placed under state jurisdiction. I believe the whiteman constitution also recognizes this right.

    Also, there has never been any conquest of the Sioux Nation by the United States. It was the United States that came to us and asked for peace after we continually defeated them in over twenty three years of war. With the exception of the Blue Water Creek and Wounded Knee massacres and maybe one small battle called the Box Wagon Fight in Montana, we defeated the United States in every encounter. We have not been conquered by friends and instead lived in peace with the United States in accordance with the treaty as equals.

    And also, there has never been a sale of the Black Hills, because there has never been an acceptance of the governments offer to buy. What the decision of the Claims Commission amounts to is an offer, although they do not wish to call it that.

    By deceit, they are trying to get us to accept this offer by telling us that we have no choice but to accept the judgment award. And until we accept this offer, the United States can never have clear and legal title to the Black Hills. And the white people living in the Black Hills have a cloudy title on their land because their titles are only as good as their government’s.

    I would like to tell our IRA council friends that this is the only reasons that the United States is so anxious to get the Indian people to accept the award. They only want to clear their own illegal title in an underhanded method.

    We do not believe the United States government has the power to eminent domain over us, anymore than we have the power to eminent domain over them. This is because we are equal nations living side by side. We are citizens of our own nations.

    But even if the government has this power, as the claims commission stated, and could have taken the Black Hills by eminent domain, the fact remains that it did not do so. Therefore, the Black Hills were taken by an illegal act and the government does not have any legal title whatsoever on our sacred hills.

    We understand that over 80 percent of the Black Hills is still under the control of the United States. This must be immediately returned to the Lakota people and negotiations must begin for the remainder in individual ownership. We know the white people living in the hills now love it. We love it for many of the same reasons and more importantly because they are our sacred grounds.

    So these white people should understand why we will not sell. The Oglala Lakota have always been the caretakers of the Black Hills and it is appropriate that I have been allowed to talk here today defending the sale of these hills for my people and other Lakota people from our other Lakota tribes.


    Before I close, I have one statement to make about the attorneys representing the tribal councils. Naturally, at this stage of the game, they would rather get 10 percent of $102,000,000 rather than 10 percent of $17,500,000. But they are the only ones that stand to gain from these claims. They testify only for their own self interests.

    Many of these attorneys have worked hard for the puppet tribal governments that they represent. They do not represent us and the majority of the people on the reservations who reject the claims. They have never consulted us, the silent majority, to get our views on the sale. If they would have, they would have seen that the majority of us are against the sale of the Black Hills.

    These tribal attorneys, many of them are of the Jewish people. They should look at their own history and hold their heads in shame for what they are trying to talk us into doing here. They lost their lands for almost 2,000 years and have just got them returned. They lost many of their people throughout the years fighting for their homeland, but not as many people as we lost fighting for ours.

    Yet they stand here very eagerly trying to talk us into selling our land when they know the United States does not have good legal title. It is understandable that they do this because they too are whitemen. We wonder if they will be willing to sell Israel to the Arabs for $17,500,000 plus interest.

    Also, we have been told that the passage of this bill today is 20 to 1 against passage. These odds are not good.

    I say this because I do not want to hear the attorneys blaming us for the rejection of this bill after today. It is easy to use us as their scapegoats when they have to tell their puppet governments that the bill was defeated.

    I wish to emphasis again that our only concern here today is to restate our position that the Black Hills cannot and will not be sold under any circumstances and we are here today to protect our people.

    Before I go, I would like to attach to our statement a statement from the Standing Rock Lakota people. They have not been allowed to talk today and I think what they have to say should be heard.
    Hau. He cetu yelo.

  2. This statement made by our all ready in place, self-determined Tetuwan Government of the Seven Council Fires Council… by our Tetuwan Ceremonial Chief & Holy Man, Frank Fools Crow… as a representative of our Tetuwan Lakota-Dakota-Nakota Women, of whom Frank Fools Crow had great respect for, (our Tetuwan Matriarchial society), has been overlooked by the US Government wrongly for decades upon decades since contact.
    We did not, nor will we Tetuwans agree willingly to ever sell our Sacred Black Hills, Paha Sapa. The Black Hills is as much a part of being Tetuwan, as the blood that runs in our Tetuwan veins that the governments blood quantum has no position or authority to mandate or negate…
    The same is applicable with the Turtle Mountain Region in Manitoba, which was the seat of power for the Seven Council Fires Council.
    Government Canada recently was sued over their position the Dakota of Turtle Mountain were immigrants within their own Ancestorial Traditional Territories, even though Gov Canada are without any Dakota treaties in place, or holds any title to the lands Gov Canada occupy there.
    Recently evidence from the archives in Ottawa revealed that the Dakota assisted & worked for the British when the British arrived because the Dakota were already there as residents, archival documentation shows.
    This type of conduct & abuse was used as a blueprint by Hitler with the Jewish population, because it was so sucessful with the aboriginal population that held title to the US & Canada before contact.
    Wrong is wrong, no matter how much time has passed, or any justification by the invading governments when they do this to the original occupiers of the land before their arrival.
    If this is not acknowledged by the wrong doers, do not preach democracy & global conduct to the world.

  3. The Council of Elders which transacts all the business does not work for itself.
    It seems that they serve only to represent and aid the Women in the matters in which decorum does not permit the latter to appear or act….
    The women choose their Chiefs among their Maternal brothers or their own children.
    Father Joseph-Francois Lafitau
    Customs of the American Indians
    compared with the Customs of Primitive Times (1724)

    The difference in perspectives & laws between the Patriarchial society of Europeans, who came here for their personal freedom from oppression, & the Matriarchial Governing body already in place at the time of the European Immigrants arrival upon our Aboriginal peoples shores is clearly shown here.
    Just because one refuses to acknowledge a governmental body already in place, does not mean it did not exist at the time of contact.
    What is ironic is what the Immigrants ran from in coming to our Aboriginal shores, they immediately began to do to us…
    The definition of insanity is doing the same thing over & over again expecting a different outcome.
    I, HakiktaWin have learned through lifes lessons & my Tetuwan teachers & mentors never to put a question mark, where Creator has put a period!
    You are either honest & forthright, or you are NOT, all the coverups & corruption of the world will never make what has happened to Aboriginal peoples in North America justified or morally correct….it was outright theft & genocide, period!
    So, with that said, take your Manifest Destiny…& shove it!
    It is morally & ethically wrong, no matter the spin you put on it, or how long you chose to ignore the wrongs.
    Never will the wrongs be made right, until accountability & responsibility is taken by the Governments who authorized the laws, & orders of genocide against the original Aboriginal occupiers of the lands the Governments have taken by force….& mass murder deemed necessary to rid the Governments of their American & Canadian Indian problem!
    The fact that we Aboriginal peoples were already here & it WAS our lands.

  4. As of the 26th of August 2011 it seems there has been a rethinking from the Federal Court on their rulingto dismiss the case on the Black Hills….maybe someone IS reading this & seeing democracy just doesnt work if it isnt for all citizens of the US.

  5. If the US Gov only were able to aquire the Tetuwans territorial lands through starvation, genocide, & Manifest Destiny, (the USs so-called devine right to do whatever it took in the eyes of God, to get what the US wanted) it was they, the US Gov itself, that was the heathen, & not the people the US chose to eradicate for US interests.

  6. The Black Hills have never been for sale, & never will be for sale…because some things in Life is just to precious & Sacred to put a price tag on, & sell just because of the need by the newer dominent society deems it necessary to take it away from the original owners by force.

  7. Everything the wasciu left behind from where they came here to escape from, they turned around & did to the very Native people who welcomed them when they arrived homeless & hungry on our shores at contact…we were NEVER the heathens. We did the will of Creator-GOD…took them in, fed & cared for them as if they were our relatives, how they repaid our kindness & generosity was less than Christian, & was nothing less that an eradication of a race of people who were no longer useful to them.

  8. The very sight of the Aborignal person, was a constant reminder of the wrong doings the US did to get what they wanted.

About Looking Back Woman-Suzanne Dupree

Tetuwan Lakota scholar, educator, historian, Sun Dance participant, Cannunpa carrier, cultural & spiritual preservationist, journalist-writer and fraud investigator.
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4 Responses to A Minneconjou Tetuwan Lakota perspective on the Federal Court ruling to dismiss Black Hills case

  1. Finally a happy ending…all the TB horses earmarked for slaughter were saved…
    the older gentleman who passed away can rest comfortably knowing his beautiful TB horses were saved & rehomed to caring homes before his funeral.
    Thank-you Reggie for getting that happy ending to us!


  2. Update on the Black Hills Federal court ruling about dismissing the Black Hills case:
    JEFFREY BROWN: Next, a very different challenge for the federal government, this one in the Black Hills of South Dakota.

    Hari Sreenivasan tells the story.

    It’s August on the Pine Ridge Indian Reservation in western South Dakota, and the annual powwow is in full swing. The celebration is a highlight for the Oglala Sioux tribe, bringing together thousands of Native Americans to sing, dance and honor their traditional culture.

    Tonight’s good cheer, however, is in stark contrast to everyday life in one of the most difficult places to live in the United States. Few people in the Western Hemisphere have shorter life expectancies. Males, on average, live to just 48 years old, females to 52. Almost half of all people above the age of 40 have diabetes.

    And the economic realities are even worse. Unemployment rates are consistently above 80 percent. In Shannon County, inside the Pine Ridge Reservation, half the children live in poverty, and the average income is $8,000 a year.

    But there are funds available, a federal pot now worth more than a billion dollars. That sits here in the U.S. Treasury Department waiting to be collected by nine Sioux tribes. The money stems from a 1980 Supreme Court ruling that set aside $105 million to compensate the Sioux for the taking of the Black Hills in 1877, there an isolated mountain range rich in minerals that stretched from South Dakota to Wyoming.

    The only problem: The Sioux never wanted the money because the land was never for sale.

    MARIO GONZALEZ, Oglala Sioux: The Black Hills are very important to the Sioux Indian tribes because they are the spiritual center of the Sioux people.

    HARI SREENIVASAN: For tribal attorney Mario Gonzalez, the compensation fund is the embodiment of Indian mistreatment by the U.S. government, and the taking of the Black Hills was the gravest sin of all.

    MARIO GONZALEZ: The Sioux tribes have always maintained that that confiscation is illegal and that the tribes must have some of their ancestral lands returned to them.

    HARI SREENIVASAN: Compared to the natural resource-rich Black Hills, the reservations the Sioux were relegated to are mostly dry, desolate landscapes. Shannon County has one of the lowest per capita incomes in the United States.

    MARIO GONZALEZ: At one time, the Sioux Indians were a wealthy people. And they had a place here that satisfied all their needs.

    HARI SREENIVASAN: The land dispute dates back to 1868, when the U.S. signed a treaty at Fort Laramie that set aside the Black Hills as part of the Great Sioux Reservation.

    But when gold was discovered in the hills a few years later, the floodgates opened, and Western pioneers poured in, and the Fort Laramie Treaty was broken.

    ROSS SWIMMER, former special trustee for American Indians: There’s a long history of treaties having been made with Indian tribes that were broken. Some would say that no treaty was ever kept with an Indian tribe.

    HARI SREENIVASAN: Ross Swimmer served as a special trustee for American Indians during the George W. Bush administration.

    ROSS SWIMMER: It’s been a psychological issue for all the Sioux tribes all this time. And much of that land is still owned by the federal government. And so the tribes are simply saying, well, wait a minute. You took our land. We want the land back.

    HARI SREENIVASAN: From 2003 to 2009, Swimmer oversaw the Black Hills trust account, one that grew substantially from the initial $105 million settlement.

    ROSS SWIMMER: Tribal moneys invested have to be in basically government securities or better, where there is no danger of loss. Well, 30 years later, it’s worth $1 billion, so not a bad return.

    HARI SREENIVASAN: But the Sioux say that money is far less than what the land is worth. The Black Hills are a major draw for tourists, helping to promote an industry that generates over $2 billion of economic activity every year for the state of South Dakota.

    And there are still questions on the best way to distribute the billion dollars. Any compensation money for the Sioux would mainly be distributed on a per capita basis.

    ROSS SWIMMER: If you have got 100,000 Sioux and $1 billion, you’re talking about $10,000 a piece or something. That goes pretty fast.

    MARIO GONZALEZ: That type of plan is unacceptable to the Sioux tribes, because when you give out per capita payments, the money is gone in a year or two, and then the tribes still end up with nothing to show for their ancestral lands.

    HARI SREENIVASAN: After more than 130 years of standoff over what the U.S. government owes the Sioux, President Obama’s election to office appeared to provide an opening.

    PRESIDENT BARACK OBAMA: I am absolutely committed to moving forward with you and forging a new and better future together.

    HARI SREENIVASAN: The president said he would meet with the Sioux tribes on the Black Hills land claim, the first to do so. Obama said the nine tribes must first agree unanimously on a proposal among themselves.

    That is a problem, says Native American journalist Tim Giago, who has covered this story for more than 30 years.

    TIM GIAGO, “Lakota Times”: We have got a lot of infighting, a lot of squabbling amongst our own people. There have been meetings taking place in the past year-and-a-half, two years on the different reservations in which a lot of the people are coming together and they’re sitting down and actually discussing the whole prospects about where we’re going to go.

    HARI SREENIVASAN: Theresa Two Bulls is a former Oglala Sioux president who helped organize the efforts to restart the Black Hills talks following Obama’s 2008 election. She agrees with Giago that there are serious divisions, but says that the tribes are making progress.

    THERESA TWO BULLS, former Oglala Sioux president: This is the closest we have gotten. And, believe me, it’s hard to unite people. It’s hard to stay positive. But you have to. I’m tired of this poverty. I’m tired of this rut that we live in.

    HARI SREENIVASAN: Gonzalez says the tribes have formed a reparations alliance and are aiming to finalize a proposal to be submitted to Congress by the end of the year. He hopes that proposal will give the Sioux shared ownership of over one million acres of federal land within the Black Hills, along with financial compensation.

    But he quickly points out that the Sioux are not seeking any private property and knows that popular tourism attractions will be off the table.

    MARIO GONZALEZ: The tribes are trying to be realistic. When the Sioux tribes are asking that all the federal lands be returned to them, that doesn’t include Mount Rushmore, post offices, or any property that is being used by the government for government purposes.

    HARI SREENIVASAN: And what Gonzalez and the Sioux are asking for does have precedent. President Nixon returned nearly 50,000 acres of federal lands in the Carson National Forest in New Mexico to the Taos Pueblo tribe in 1970.

    And although recent polls show the younger generation of the Sioux more willing to accept the Black Hills money, some of the poorest people in the country have thus far remained steadfast in their opposition to taking it.

    ROSS SWIMMER: It’s a tough group up there. I’m amazed that they have been willing to sit on the money, so to speak, this long without taking the money.

    THERESA TWO BULLS: We accept the money, then we don’t have the treaty obligations that the federal government has with us for taking our land, for taking our gold, all our resources out of the Black Hills.

    HARI SREENIVASAN: Sioux leaders say they will take up the Black Hills issue again at tribal meetings in the coming months.


  3. From a fellow Tetuwan:


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