Indians file huge land claim - Tribes eye 27 million acres in state but will settle for casino

April 15, 2004

By Deborah Frazier, Rocky Mountain News

http://www.insidedenver.com

To submit a Letter to the Editor: letters@RockyMountainNews.com

El Reno, Oklahoma - The Cheyenne and Arapaho tribes of Oklahoma filed a claim Wednesday for 27 million acres given to the tribes in a 19th century treaty but said they would settle for 500 acres to build a casino in a symbolic return to Colorado.

The petition, filed with the Department of Interior, covers northeastern Colorado and about 40 percent of the state. The land claims include water rights on the Platte and Arkansas rivers that predate those of many water users today.

"The Southern Cheyenne and Arapaho tribes are originally from what is now known as the state of Colorado," said Bill Blind, interim chairman of the Cheyenne and Arapaho business committee, during a news conference here. "In the late 1800s, we were forcibly removed from Colorado by the U.S. government and relocated here in Oklahoma.

"We left behind some very important spiritual and cultural connections to the vast area we still refer to as our homeland."

Blind said the land claims would compensate the tribes for the federal and state policy of Indian genocide, as outlined by Colorado's then-Gov. John Evans, as well as a series of broken treaties and the tribes' unjust removal from Colorado.

Blind said the tribes want 500 acres, in either Central City or in another unspecified area, to build a $100 million casino, cultural center and travel facility.

The loss of the Colorado homelands and exile to Oklahoma destroyed the tribes' sovereignty and economic future, he said. But the proposed facilities would create economic development and benefit the tribes and Colorado, he added.

Steve Hillard, a Longmont venture capitalist who pulled together investors for the plan, dubbed the "Homecoming Project," said the unresolved settlement claims could tie up land and water sales in northeastern Colorado until an agreement is reached.

Hillard said similar claims in Hawaii, New York, South Carolina and Texas have slowed real estate sales. And, he said, the Cheyenne and Arapaho claims were stronger than tribal claims in those states because of the well-documented state and federal policy of Indian genocide.

That includes the 1864 Sand Creek Massacre, in which Colonel John Chivington, acting on orders from Evans, ordered 700 soldiers to attack a sleeping camp of Cheyenne and Arapaho. The American flag and a white flag of peace flew over the camp.

About 150 Indians, mostly women, children and the elderly, were killed. The soldiers mutilated the bodies and paraded body parts through Denver.

The Homecoming Project does not seek the reparations for Sand Creek that Congress promised in 1865, but has never paid.

Clara Bushyhead, a spokeswoman for the tribes' business committee, said the site for the proposed Colorado casino has not been selected, but the tribes have received many invitations, including letters from Denver-area elementary school students that welcomed the tribes back.

"We want a fair settlement," said Bushyhead, explaining the tribes weren't threatening to shut down land and water sales in the claims process.

"I wouldn't call it a threat," she said. "The Cheyenne and Arapaho do have legal claim. The elders say Colorado is their home."

Along the side of the room was an early picture of the Cheyenne and Arapaho chiefs during an 1868 meeting in Denver and a drawing of the tribes camped on the South Platte River in Denver in 1858.

Eugene Black Bear, a tribal elder, opened the meeting with a prayer and made the only critical comments. Black Bear, a former business council member, referred to a settlement of land claims in the 1960s in which the tribes received $15 million.

"We were paid 3 cents per acre," said Bushyhead. "The laws have changed to allow us to come back and ask for what is fair."

Governor Bill Owens opposes any more gaming in the state, but is less opposed to an Indian casino in Central City, which already has gaming, said Dan Hopkins, Owens' spokesman.

"But he'd still want to look at any proposal very closely before he agreed," said Hopkins.

Federal law gives the governor and the U.S. Secretary of Interior authority to reject or approve casino agreements.

Hillard said many Indian land claims across the country, including several in California, have been settled by letting tribes build a casino on a smaller amount of land.

 

Copyright 2004 Rocky Mountain News.