October 14, 2009

Honorable Senator >>>REDACTED<<<

As representatives of the "Original 39" coalition of the Saginaw Chippewa Indian Tribe of Michigan, we are requesting an investigation into our tribe's revised constitution, which we believe to be fraudulent.

To provide background, "Original 39" refers to individuals approved for membership by the Bureau of Indian Affairs and their descendants, who are the rightful members and beneficiaries of the Saginaw Chippewa Indian Tribe.

As you must know, casinos have been both a blessing and bane to Indian Country. Once gaming became imminent on our reservation, a group of non-Indians flooded our membership rolls and took over our government, with the help of Congress. The takeover was facilitated in 1986 with the passage of Senate Bill 1106, which required our constitution be re-written to accomodate fraudulant entry into our tribe. At the time, the Bureau of Indian Affairs voiced objection to S.1106, but were over-ridden as the result of lobbying by non-Indians and their allies on Capitol Hill.

The (revised) constitution was passed without our approval, allowing this group to secure its position on our tribal council. The tribe's founding documents, the (original) constitution should not have been amended without the consent of the tribe's legitimate members.

The non-Indian group claims eligible members overwhelmingly approved the new constitution, but Original 39ers were excluded from that decision. The BIA was required to oversee this important election yet somehow failed its responsibilities and allowed the non-Indian group to gain control.

In 1998, members of the Original 39 tried to restore legitimacy to the tribal government through the tribal court, which determined only legitimate members could participate in tribal elections, and that no election results could be authenticated until this happened.

However, before the tribal council would fulfill the court's mandate, the BIA removed the duly-elected chief and replaced the tribal government with fraudulent members.

Underlining the concept of tribal sovereignty is the understanding that Indians be allowed to govern themselves, and manage their own businesses, yet non-Indian control of our council and finances has resulted in negative consequences to the Original 39ers, the legitimate members of the Saginaw Chippewa Indian Tribe.

Congress has allowed this to happen, and therefore we believe it incumbent Congress also right this grievous wrong.

We have appealed for help prior but have been ignored. We are again asking with renewed urgency.

Documents which support our claims and may assist in your investigation are enclosed, and include the following:
1. An Executive Summary outlining violations and providing background.
2. Statement from Hazel Elbert, Acting Director of Indian Services, from the Select Committee on Indian Affairs hearing in 1986 regarding S.1106; including BIA objections which Congress ignored, allowing illegitimate members to infiltrate our tribal government.
3. The Indian Reorganization Act of 1934, which resulted in the tribe acquiring Federal Recognition. The tribe's original membership roll is included.
4. The tribe's original 1937 constitution which states: members must have one-quarter degree Indian blood (yet members who do not meet this criteria have been allowed to vote and serve on council); and that qualified members cannot be excluded from constitutional amendments.
5. Background on the settlement agreement provided by the Indian Claims Commission, which became the seed money for our Soaring Eagle Casino & Resort.
6. Parameters to adopt new members into the tribe. Some individuals who govern our tribe and who have been adopted cannot legitimately but have been allowed to serve on council.
7. Adoption clauses establishing efforts of individuals to "adopt themselves" in direct violation of tribal ordinances. For example: non-Indians who served on council rescinded an adoption ordinance December 7, 1981, yet adopted themselves in 1982 without an existing ordinance allowing them to do so.
8. Affidavits from tribal members affirming they were not notified or allowed to vote for an amended constitution.
9. Letter from former Tribal Chief Audrey Falcon explaining council will not permit us to approach Congress for this investigation.

We, as representatives of the Original 39 are requesting an investigation. We implore Congress to investigate the membership and enrollment fraud which has allowed unqualified individuals to become members and govern our tribe.