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Date: Wed, 02 Jun 1999 00:20:16 -0500
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Subject: Article on Potawatomi in Kansas
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http://cjonline.com/stories/060199/kan_tags.shtml

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  David Danielson cleaned off a tribal license plate at the Potawatomi
Tribal headquarters last month near Mayetta. Danielson is the tribal
registrar of motor vehicles and the designer of the tag. 
The Associated Press

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Potawatomi gamble on tribal rights 
License plate flap all about sovereignty, tribe says. 


By CARL MANNING 
The Associated Press 

MAYETTA -- For the Prairie Band Potawatomi Indians, plans to issue tribal
nation license plates for their vehicles are more about sovereignty than a
chance to sport a colorful tag.

As some tribal council members see it, the tag flap is just another case of
government disregarding their reservation in Jackson County as a sovereign
nation.

"We have been trying to get an agreement for three years with the state,
but when we meet, we get a lot of rhetoric and no action," said Mamie
Rupniki, chairwoman of the seven-member tribal council.

"Our tags are as legal as anybody else's," Rupniki said. "This is one more
function in our sovereign status. The state doesn't want to recognize our
sovereignty."

Rupniki said the 121-square-mile reservation is exempt from state control
under the federal act making Kansas a state in 1861 -- plus volumes of
federal laws, court decisions and treaties over the years.

The Potawatomi has called Kansas home since the 1830s, after being forced
to leave its homelands in the Great Lakes area. In area and population, the
Potawatomi is the largest of the four tribes with reservations in Kansas.
The others are the Sac and Fox, Kickapoo and Iowa tribes.

Rupniki said Indians have learned firsthand over the years that what
government says and what government does aren't always the same.

"The government has made treaties with other countries," she said, "but the
ones with the tribes are the only ones they have changed."

Rupniki said the tribe isn't trying to cause trouble.

"We are just trying to get along, trying to work with the state and
county," she said. "Historically, the tribe has been friendly. Guess that
is why we are on reservations."

Rupniki said the tribe's computer system for motor vehicle registrations
will be in service this year.

"It is going forward regardless," she said. "Once we get established,
others will follow."

The Department of Revenue is in charge of issuing Kansas plates and
carrying out state tax policy. Spokeswoman Angela Goering said the agency
has tried to work with the tribe.

"At this time, we aren't allowed by state law to recognize their tags,"
Goering said. "We haven't been given direction by anybody to recognize
those tags. Otherwise, we would do it."

The Potawatomi -- whose name means "people of the place of the fire" --
feels it has pushed the tag issue as best it can in the hopes of getting a
test case in court.

Recently, a tribal member has driven state highways in a car with the
tribal tag. It has black numbers on yellow background, and on the left side
is the tribe's logo, a multicolored shield. At the top is "Prairie Band"
and the at the bottom is "Potawatomi" in black.

Even with a stop at the Jackson County sheriff's office, the driver
couldn't get someone to write a ticket for displaying the tribal tag.

"We were trying to get a ticket, but they have refused to give us a ticket.
We want a test case," said David Danielson, the tribe's motor vehicle
registrar, who designed the tag.

Danielson said the plates cost $25 a year and are available only to tribal
members living on the reservation and keeping their vehicles there. He said
the tribe has 2,000 plates stored in boxes in his office.

Potawatomi plates are legal in Minnesota, he said, which should make them
legal in Kansas. The state Supreme Court ruled this year that tribal tags
recognized by other states can be recognized by Kansas.

Even so, he added, "We can't issue them for fear of getting in trouble."

Tribal attorney David Prager III agreed, saying, "As a practical matter,
you could end up with a lot of people arrested and in trouble."

Prager said the Potawatomi may go to court to resolve the matter. He said
the first principle of Indian law is that tribes are independent entities
with sovereign powers of self-government.

"We have tried to work out an agreement, but they refuse to do anything to
move in the tribe's direction," Prager said. "We are going to have to go
(to court) each time, until they realize what state laws are preempted by
the federal government."

Tribal tags isn't the only Indian sovereignty issue, nor the Potawatomi the
only tribe involved.

The Potawatomi filed a federal lawsuit to keep the state from collecting
motor fuels tax from a filling station the tribe plans to operate on its
land. The tribe imposes a tax on fuel to pay for road and bridge
maintenance on the reservation.

"Indian nations have a fundamental right to tax and receive revenue,"
Prager said. "The problem is when state taxes interfere with that
fundamental right in the form of double taxation."

But revenue spokeswoman Goering said, "This is not something that any
decision has been made about yet. If we would be taxing the fuel, it would
be on the distributors, not the tribe."

Last year, the Sac and Fox, Kickapoo and Iowa got a federal court order to
prevent the state from collecting the fuels tax from the distributor on
fuel they planned to sell. The state's appeal of that order is pending.

Also, the Kickapoo last month got a temporary order from a federal judge
barring Brown County officials from going on their reservation to serve
civil court papers or to repossess vehicles.

"It's time for them to respect tribal sovereignty," Prager said, "and not
try to erode away every tribal power." 

Key dates in history of Prairie Band Potawatomi Indian tribe:

1400s: First migration to Michigan's lower peninsula. According to tribal
tradition, the Potawatomi, Odawas and Ojibwas were a single tribe.

1634: First known contact by Potawatomi with white people.

1776: Potawatomi at first stayed neutral in Revolutionary War but later
allied with British in a losing battle.

1830: Indian Removal Act becomes government policy, depriving Potawatomi of
additional land through the treaty.

1833: Potawatomi relinquish homeland in Great Lakes area; tribe splinters
with some moving west, others going to Canada and some finding refuge in
nearby forests.

1837: Potawatomi divide into two groups; one in Council Bluffs, Iowa, area;
the other in Linn County, Kan.

1846: Treaty reunites two Potawatomi groups; one on the Kansas River and
the other in present day Jackson County.

1854: Kansas-Nebraska Act opened tribal land to settlers.

1861: Kansas Territory Enabling Act passed, creating state and stipulating
no state jurisdiction over Indians.

1861: New treaty initiated; tribe in Linn County became U.S. citizens;
other group, Prairie Band Potawatomi, retained common land and followed
traditional ways.

1867: Treaty of 1861 revised; two new tribes formed; Prairie Band kept
77,358 acres in Jackson County.

1887: Dawes Act passed, forcing Indians to surrender additional land;
government started assimilating Indians into white culture.

1924: Enactment of Indian Citizenship Act, granting voting rights and U.S.
citizenship to all Indians.

1988: National Indian Gaming Act passed.

1995: Legislature approves tribal-state compact allowing the four tribes in
Kansas to operate casinos.

1998: Potawatomi opens permanent casino.

Source: The Prairie Band Potawatomi, "Chapters in Time." 

Copyright 1999 The Topeka Capital-Journal 

Reprinted under the fair use http://www4.law.cornell.edu/uscode/17/107.html
doctrine of international copyright law.
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