- 3

CONVERSATIONS WITH MEDICINE PEOPLE OVER THE PAST 50 YEARS, AND
THEY ALWAYS EXPRESSED JOY THAT THERE WERE STILL NATIVE PEOPLE
HERE TO WORK THE QUARRIES, SO THAT THEY COULD OBTAIN PIPESTONE
FOR THEIR USES. MANY OF THESE "HEALERS" ARE HAPPY TO BUY THE
STONE OR FINISHED PIPES FROM OUR PIPE MAKERS, AS THEY REALIZE
THE GREAT AMOUNT OF PHYSICAL EFFORT AND TIME THAT IS INVOLVED
IN QUARRYING PIPESTONE. WHEN WE HAVE ASKED MEDICINE PEOPLE
ABOUT OUR CRAFT, WE WERE TOLD THAT A PIPE BECOMES A SACRED OBJECT
ONLY WHEN IT HAS BEEN "TOUCHED BY THE SPIRITS, AND THIS IS DONE
IN A CEREMONIAL MANNER".

THIS BRINGS US TO THE POINT ABOUT TRADING IN PIPESTONE. HISTORY
NOTES THAT AS LONG AS 200 TO 300 YEARS AGO, AMERICAN INDIANS WERE
DISTRIBUTING PIPESTONE PIPES IN A FLOURISHING INTER-TRIBAL TRADE
ECONOMY. SINCE ALL OF OUR ANCESTORS WERE AT THAT TIME "TRADITIONAL
PEOPLE", CLEARLY, TRADE IN PIPESTONE MUST HAVE BEEN AN APPROVED
CUSTOM AMONG OUR TRIBES. AS TO THE INCREASING INTEREST OF NON-
INDIANS IN PIPESTONE, ALL WE PIPE MAKERS KNOW IS THAT WE HAVE NOT
BEEN RESPONSIBLE FOR THE SPREAD OF TRADITIONAL INDIAN SPIRITUALITY
AMONG NON-INDIANS. WHAT WE DO KNOW IS THAT ONE CANNOT KNOW THE
MOTIVES OF ANOTHER PERSON UNLESS THAT PERSON CHOOSES TO SHARE THEM
WITH YOU. IF A PERSON WISHES TO OBTAIN A PIPE BECAUSE THEY BELIEVE
IT CORRECT FOR THEM, IT IS NOT OUR PLACE TO BE SELF-RIGHTEOUS AND
JUDGE THEM. IF A PIPE IS NOT USED FOR THE REASONS THAT IT WAS MADE
AND INTENDED FOR, THEN THE CREATOR WILL JUDGE THE PERSON.
IT IS
NOT FOR US TO DO THIS. WE CAN ONLY TRUST TO THE BELIEFS THAT WE
WERE TAUGHT BY OUR ELDERS.

- 4

IN CLOSING, WE BELIEVE THAT SUPPORT FOR THIS RECENT MOVEMENT
WILL TAKE FOOD FROM THE MOUTHS OF YOUNG INDIAN CHILDREN AND
BELOVED ELDERS IN OUR COMMUNITY. SUPPORT FOR THIS MOVEMENT
WILL IMPEDE THE DESIRE FOR A GOOD EDUCATION, CONSTRICT THE
ABILITY FOR INDIAN ADULTS TO BE RESPONSIBLE PROVIDERS, AND
EVENTUALLY DEPRESS INDIAN PRIDE AND SELF-SUFFICIENCY. MOST
PROFOUNDLY, SUPPORT FOR THIS MOVEMENT GOES AGAINST THE PRIMARY
SPIRITUAL TABOO FOR INDIANS WHO WISH TO QUARRY HERE, THAT IS,
IT IS TANTAMOUNT TO AN ACT OF WAR AND AGGRESSION AGAINST PEACEFUL
PEOPLE ON THE MOST SPIRITUAL LAND IN INDIAN COUNTRY. THIS ABOVE
ALL HAS BEEN FORBIDDEN BY THE CREATOR AND WE PIPE MAKERS DO NOT
UNDERSTAND THIS BEHAVIOR.

THANK YOU FOR THE OPPORTUNITY TO VOICE OUR OPINIONS.

IN PEACE,

THE PIPESTONE NATIVE AMERICAN COMMUNITY.

WHEREAS, the Pipestone Dakota Indian Community is comprised of Indian people enrolled in various tribes in and out of the state of Minnesota. Their sustenance in many aspects is derived from the Great Pipestone Quarries of Minnesota; and

WHEREAS, the right to subsist is a fundamental human right that most Americans take for granted; and

WHEREAS, the Great Pipestone Quarries of Minnesota have been historically utilized by all tribal nations; and

WHEREAS, no single tribe or coalition of tribal nations may assert entitlement or domain over the Great Pipestone Quarries of Minnesota; and

WHEREAS, the proposed amendments to Public Law 95-341, known as the Indian Freedom of Religion Act of 1978; and

WHEREAS, such proposed amendments may restrict the historical access of the Great Pipestone Quarries by all tribes; and

WHEREAS, such restrictions may no longer accomodate the diversity of indigenous religious practices of all tribes and tribal members seeking access to the Great Pipestone Quarries; and

WHEREAS, given that historical custom affords unrestricted access to the Great Pipestone Quarries by all tribes; and

WHEREAS,

a prohibition of the manufacturing and distribution of pipes and pipestone articles will have a devastating negative impact of revenues and income to the citizens of the Pipestone township and county,

THEREFORE, BE IT RESOLVED, that the Pipestone Dakota Indian Community of Pipestone, Minnesota requests that EXEMPTION STATUS FROM ANY AND ANY FUTURE AMENDMENTS TO PUBLIC LAW 95-341 (KNOWN AS THE INDIAN FREEDOM OF RELIGION ACT OF 1978), BE CONFERRED UPON THE GREAT PIPESTONE QUARRIES OF MINNESOTA.

68-366 93 - 9

Dear N.C.A.I.

The Pipestone Dakotah Indian Community disagrees with the actions of the National Congress of American Indians, on the passage of Resolution #DC92-40. The resolution was passed at the 49th annual convention, October 11-16, 1992, Crystal City, Virginia.

In the 1851 Treaty with the Sisseton/Wahpeton Sioux Tribe, they were recognized as owners of the Pipestone Quarry and ceded all their lands in southern Minnesota, which encompassed the Pipestone Quarry.

In the Treaty of 1858, the Yankton Sioux Tribe, ceded all their lands in eastern South Dakota in exchange for 400,000 acres, in southeast South Dakota and unrestricted use of the Pipestone Quarry in Minnesota.

The Yankton Tribe was compensated $328,558.90 by a land sale agreement, in 1928. The Superintendent of Yankton Agency made per capita payments to each tribal member on the 1920 rolls.

The National Park Service's responsibility is to preserve and protect the lands which encompasses the Pipestone Quarry and are reserved for Native Americans of all tribes. The Pipestone Indian Shrine Association is a nonprofit cooperating association of the National Park Service, which was organized to perpetuate the dying art of pipemaking. Only Native Americans are employed by the Pipestone Indian Shrine Association. The Red Pipestone Quarries are void of descreation due to the fact that no commercial mining operations exist. The quarrying operations are a labor intensive, time consuming task consisting of the use of hand tools only. Where as only small amounts are removed.

Historically, the Yankton Sioux Tribe had many tribal members who participated in the selling of pipes and other trinkets made from the pipestone since the 1700's and up to 1912. The Yankton Sioux Tribes involvment with the Quarries has been minimal since 1912. There has been no Yankton Sioux Tribal member, who has sought to excercise their right to use the Quarries, since 1972.

Our understanding is that your organization is chartered to help all Native Americans, and the Pipestone area has always had a population of Native Americans since 1891. The trading and bartering of pipestone dates back to the early 1600's.

Certain amendments, such as Title I of the proposed amendments to the American Indian Religious Freedom Act would prohibit some Native Americans from expressing their Religious belief. Many Native American Tribes practice their religion with the Red Stone Pipe.

Not all Native Americans possess the resources to make the journey to the Pipestone Quarries and excercise their right to procure the Red Stone. The Local Native American people have made it possible for them to obtain these pipes, through bartering, so they can continue to practice their religion. must preserve this religious freedom for future generations.

We request your organization, to recind Resolution #DC-92-40. Your decision will affect the livelihood of 51 Native American craftpersons and their families whose numbers exceed over 100 people.

We

Sincerely,

Pipestone Dakotah Community

STATEMENT IN SUPPORT OF RESOLUTION PROPOSED BY
THE MINNESOTA STATE INDIAN AFFAIRS COUNSEL

At Regular Meeting, dated September 18, 1991

The Resolution asks: Exemption status from all applications of Title I and the proposed amendments to the American Indian Religious Freedom Act of 1978, Public Law 95-341, be conferred upon the Great Pipestone Quarry of Minnesota.

PURPOSE OF RESOLUTION: people.

То ensure an open policy for all Indian

LEGISLATIVE HISTORY: The following is a brief summary of the proposed federal legislation amending the American Indian Religious Freedom Act. Accompanying this summary is an issue and positional statement by representatives of the Pipestone Dakotah Community.

Over the past several years, a group called the Religious Freedom Coalition has drafted, submitted to Congress and is currently lobbying for the passage of their proposed amendments to the American Indian Religious Freedom Act of 1978 (Public Law 95341). This coalition is comprised of elements of the National Congress of American Indians, National Indian Education Association, Native American Church, Native American Rights Fund and the interests of a private group known as the Association of American Indian Affairs. Only one of the three sections of TITLE I "Protection of Sacred Sites" is addressed in this summary; that being:

The preservation of "Native American Religious Sites". Outlined in this section are the processes by which "...tribes, bands, nations, or other organized groups or communities of Indians..." may petition and potentially obtain from federal agencies the jurisdiction over lands where it has been evaluated that the "..affected site should be transferred into the trust of a tribe...". This section details claim processes, legal cause of action and transfer processes.

HISTORY STATEMENT:

The Pipestone Dakotah Community was established in 1930 and for generations, our Indian craftspeople and artisans have quarried and fashioned pipestone articles. As such, pipe crafting is the primary economic and cultural vehicle for the approximate 50 Indian families who live in the vicinity of the Pipestone Quarries. Although many Indians living in Pipestone are enrolled in non-Minnesota reservations, several Minnesota tribal enrolles also utilize the quarries.

ISSUE STATEMENT: Recently, the Yankton Sioux Tribal Council of South Dakota has passed resolutions to use the proposed amendments to the American Indian Religious Freedom Act to suppress or deny open access to the Pipestone Quarries. Their criterion for which