Wanbli Sapa advises on Wed, 28 Feb 1996:

Below are 2 letters (retyped exactly as they appear originally):

[The first is from] Bill Barrett (U.S. Rep, R-3rd District, NE) to Philip Under Baggage of the Oglala Sioux Tribe, and [the second is from] Manson Garreau, Bigfoot Claims Council, to me regarding Bennett's letter.

Both the Santee and Flandreau Santee Tribal Councils passed resolutions to obtain their shares of the Docket 74-A monies, as was discussed in the article from "Indian Country Today" that I sent out earlier. Note that it [the resolution] was based on the agreements contained within the Fort Laramie Treaty of 1851 that the Docket 74-A monies were awarded. As Manson points out in his letter, the Santee Sioux Band, which includes both the Santee Sioux of Nebraska and the Santee Sioux of Flandreau, were not signatories to the Fort Laramie treaty of 1851, and, therefore, they are not eligible to receive any of the Docket 74-A monies.

The Santee Sioux had ceded their lands east of the Mississippi to the U.S. in their treaties in 1851. According to Prucha (1994)*, "The [eastern bands of Sioux] gave up most of their lands in Minnesota and eastern Dakota and came close to losing them altogether. At Traverse des Sioux, on July 23, the upper bands ceded their lands for $1,665,000, of which $275,000 was designated for the chiefs 'to enable them to settle their affairs and comply with their present just engagements' and to aid in removal and subsistence for a year.... Having obtained what they wanted at Traverse des Sioux, the commissioners moved down the Minnesota River to Mendota to treat with the lower bands. There on August 5 they signed a treaty similar to the one negotiated in July."

This bill is not yet in any form to be available on the Internet, but now we know how to find it - by looking for bill sponsor.

Unfortunately, Barrett does not have e-mail capabilities, so I am calling for a massive letter-writing campaign via snail mail and fax. You can reach Barrett at the following:

Bill Barrett
1213 Longworth House Office Building
Washington, D.C., 20515
(202) 225-6435 voice
(202) 225-0207 fax

*Prucha, Francis Paul, 1994, American Indian Treaties, The History of a Political Anomaly: Berkeley, California, University of California Press, p. 199-200.

Phillip Under Baggage
Oglala Sioux Tribe
P.O. Box XXX
Pine Ridge, South Dakota 57770

Dear Phillip:

Thank you for forwarding to me your letter regarding your concerns with my efforts to help secure the Santee Sioux and the Flandreau Santee Sioux Tribes' share of Docket 74-A funds.

I'm well aware that the acceptance of Docket 74-A monies is divisive within the Sioux. That is why when I was first approached by the Santee Sioux I wanted assurances that they were aware of what acceptance of the monies would entail, namely, the forfeiture of their claim to any land contained within Docket 74-A. They responded that they were aware of this fact and that they wished me to proceed.

And so, in an effort to represent the concerns of my constituents, and pending the approval of the Santee and Flandreau Santee Tribes, I will be introducing legislation to affect the release of their shares of Docket 74-A.

As to your suggestion that I follow the requirements of awaiting a referendum by the Sioux Nation on this matter, I must disagree. Congress has the power to make any changes it wants, through the legislative process, to any judgment or previous act of Congress. Of course, the legislative process is long and cumbersome and much work would have to be done before my bill could actually become law. The law would also have to withstand the scrutiny of the courts should the Sioux wish to challenge an act of law.

And finally, you suggest that I consult with the entire Sioux Nation before making a decision on this issue. I must respectfully disagree. My constituents have requested my assistance as their Representative to Congress to receive their share of Docket 74-A. It's their money and they should receive it.

I appreciate your raising these concerns with me, and I can certainly understand your serious concerns with this matter. However, when my constituents request my assistance, I'll endeavor to serve.

Sincerely

(signature)

BILL BARRETT
Member of Congress

BB/mw

2-26-96

Wanbli Sapa

Copy of letter from Congressman Barrett, of Nebraska.

Both Santee Sioux of Nebraska and Santee Sioux of Flandreau were not "Signatories" to the Fort Laramie treaty of 1851, the Santee Sioux Band having relinquished their land base east of the Missouri River by previous treaty.

Another blatant legerdemainie subterfuge by [the U.S. Government].