Joseph Deese, M.D. Elected Fellow of
Emergency Physicians College
t ? ? -i ?
Jespeh E. Dmk, MD
Joapefa E. Deeae, MD, has been
named a Fellow of the American
College of Emergency Physicians
(ACEP) during a ceremony held re
native of Robeson County and
graduate ofPembroke Stale Univer
sity, Dt. Deeae earned his medical
degree from UNC-Chapel Hill's
School ofMedidae in 1978. He has
practiced emergency medicine for
foe peat 12 years, 7 of which have
been at Soothes tern General Hoe
pttal
Fellowship in ACEP requires certi
fication by the American Board of
Emergency Medicine and three con
secutive years' membenhip with the
ACEP. Fellows must also meet four
other experience-baaed criteria.
Fellows must also meet
four other experience baaed criteria.
Before joining SGH, Dr. Deeae was
director of foe Emergency Depart
ment at Richmond Memorial Hospi
tal and Emergency Medical Techni
cian-1 director for Cumberland
County.
He served as a preceptor of
FayettevilkAHEC medical residents
at Cape Fear Valley Medical Center
He has also served on the board of
Violence Center aadas a preceptor of
senior medical students from Bow
man Gray in SGlfi Emergency De
In addition to Ids dudes as a fcfl
time staff physician at SGH*s Emer
gency Department, Dr. Deese is me
dial director of die NC Cancer Insti
tute.
To Subscribe to Carolina
Indian Voice, Call 521-2826
Federal Recognition;
What It Really Means
by Cynthia L Hunt, Indian Law Unit, Lumbee River i^gal Service*
This is the wtwi article hi anr scries sf articles on federal nniaitwa. Fihril trust nyiMIHin wM
be the bee of this article. The ant article wifl feces ea federal benefits and services.
FEDERAL TRUST RESPONSIBILITIES
A trust, in essence, it a relationship concerning property in which ooe person (the "Trustee") holds legal title to
property has the responsibility to safeguard and manage the property m a way that most benefits the beneficiary The
federal trust obligations to Indians and tribes can arise in ooe or more of the following five ways:
A: treaties and agreements;
B: the United States Constitution;
C: decisions by the federal courts,
D: acts of Conjpess; or
E: principles of international law.
Absent treaties or agreements, tribes will enter into a trust relationship with the federal government based on acts
of Cangress-that is wiU become eligible under acts passed in recognition of the federal trust responsibilities that
apply to recognized tribes
HJL 334 will allow the Lumbee to have land taken into trust for the tribe. For example, the tribe may decide to
purchase some land and transfer the title to the property to the federal property, and die interests are held in common
for the benefit of all living members of the tribe. AD tribal members are entitled to equal protection in decisions of
the tribe concerning tribal property. The manner in which a tribe chooses to use its the extent thsi the members
participate in the governmental should became involved in its government. I would also like to emphasize that this
does not mean the trfte wifl be put on sreservatkn. The Lumbee tribe will never be pot on a reservation. In broad
terms, the existence ofa trust relationship means that the federal government is obligated by law to act always in the
best interests of one tribe tp another and may change over time.
Moreover, there is disagreement over the precise extent of the federal obligations The Deportment of the Interior
defines the federal responsibility as the legid obligation ofdie United States Government to protect valuable Indian
land, minerals, water rights, and other natural resources Many Indiana consider this definition inadequate. For
example, fee American Indian Policy Review Commisrioa referred to the federal truat obligation as "an established
legal obligation which requires the United States to protect and enhance any Indian trust resources and tribal self
government and to provide economic and social programs necessary to raise the standard of living and social well
being of the Indian people toalevel comparable to the non-Indian society." Consequently, the federal trut obligation
can be (hacaawd in terms of three broad topics: 1. protection of Indian trust property; 2. protection of the Indian
right to self-government; and 3. provision of those social, medical, and educational services necessary for the
survival and enhancement of the tribea.
One should note that while there are currently federal statutes authorizing the Bureau of Indian Affairs and other i
federal agencies to provide bene fits and services under all three of the above areas, the point of the present discussion J
i??tiarti*r?ii?r.nngre?s is required by the tnMt relationship to pmvide these as Hpteasss
ofthe trust relationship and of defining its scope is that die trust relationririp is often brought into play when Indians i
and the federal government differ about how to interpret the various federal programs What follows isa discussion
ofthe above three areas in the relationship
TRUST PROPERTY
Indian trust property generally takes the form ofland held m trust by the federal government for die tribe, land held <
in restricted status for individual*, allotment lands held by individuals, federal trust fonds holding Indian monies, <
Indian natural resources (such as water or mineral rights), and tribal business organisations. TMs trust property
includes land, minerals, water rights, timber resources, hunting and fishing rights, and trust fend monies.
TRUST PROPERTY-LAND 1
Trust land may be created in four ways; (t) by treaty or agreement; (2) by statute when Congress expressly
designates land for reservation, (3) by Executive Order to designate reservstion land under general sutharity from
Congress to do so; and (4) by "withdrawal" of public purposes Land held by individual Indians in restricted status >
is l?nri which may not be disposed of without federal permission. Allotment land is land allotted ftom tribe! lands
to an individual, held in restricted status, which historically is associated with the Era of Termination. The federal 1
trust obligation with respect to trust land is basically to preserve Indian ownership and prevent the land passing to 1
non-Indians except for sound reasons. But the federal obligation extends beyond land in Indian possession; the
federal government is also obligated to assist Indians in obtaining lands to which they have valid claims.
TRUST PROPERTY?RESOURCES
Tribal resources may include mineral deposits such as coal, gas, oil uranium, or other fuels or metals; these
resources may also include water rights and timber rights. Tribal resources are those resources on or beneath tribal
lands as well as certain others, such as water, to which the tribe has a claim through treaty, judgment, or agreement.
The federal government is obligated by the trust duty to protect and promote tribal utiliratkm of these natural
resources.
developing, protecting, and disposing oftribsl timber rights. Thenars several fcdwi ywfnwi niwiitliiwd by the
MA jlffUjWMtiewitfl lfc| DepaiUlWII* of AgriniHiw tn fij fmtt mtHtgaffitllt Uofcftunaeely,
jg qq^ gm where the performance of the federal government hts received some of its cnticmn
Indians. Anotiier natural resoira that is the suNr of federal trust dutiei Is the tribal righltobunt and ffek. Usually,
thw right must be derived from treaties or agreements, but even so, U is not necessarily Uaaited to tribal fends. If Aw
federal government hsithli duty loan Indian tribe, then U must protect the right to hunt sndflrii nUioul lirtWMi
by the state or by non-Indians
TRUST PROPERTY-TRUST FUNDS
Indian tribe* and individuals currently have almost 1600,000,000 00 in three different Italian an Mil ariMiiilMMWl
by the B1A Them fends come from the taW or lease oftribsl tiuetieroureee and lande, front federal court Judgments
aad Indian claims and awards, aad other payments to tribes or individuals. The fedsral government is obligated to
administer tbaae fends safely, according to sound principles of accounting and managsraent, and io inveat faeaa la
SELF-GOVERNMENT
The federal government muat protect the Indian nght lo self-government The trust rslstiomhrp between the fetfaral
government anda mrnpirail tribe is unique in the law of tniet because Uisatslstion^ip batneaa two soi aralgn
governments. Under the tnm relationship, the federal government acknowledge* this gov rnensnf-to-govstnmsnt
relation and is obligated to preserve it Tlx federal government is bound to refrain from doing anything that Utisrfeass
with the tribe's right to determine Us destiny (within certain restraints Imposed by Coagroas) Mil to prevent
unwarranted interference by the state into Indian self-government. In order to ensure the proper fenctianing of tribal
government, the federal obligation includes providing technical assistance aad economic services nireaeary fer
Indiane to rebuiid their societies end tribal economies The objective is to allow Indiana to taint in America's
pluralistic society with their own cultural identity maintained. This aspect of the federal trust duty is difficult to
enforce, however, because federal courts have characteristically viewed the federal obligation as Utile mora than
preventing the destruction of tribal government rather that the affirmative duty to enhance and promote cultural
separateness ihftmgh tribal government
SOCIAL, MEDICAL, AND EDUCATIONAL SERVICES
The federal government, of course, u required to provide thoee social, medical, and educational services mcured by
treaties. And Congress seems to have recognized in pest years thet Us obligation to Indian tribes fer theaa services
extends beyond thorn rights secured by treaties.. For example, the Indian Self-Detsrminetion and Educational
Aeriataace Act of 1975 epeaksof a "federal itqwaaibiltiy for assistance to education ofladina Lhilfeaa." The Snydm
Act of 1921 ftwitjf>sdai^?<WT**tgr*,tgf>^fi*v*<!f i*1* Interior aMat provide to Indiana. UJL
334 authorizes the I nmhrf^trtplan rrwvliu'l Mid ?rvj<
Although theCcngreashae acted in recognition of its daty to Indiana concerning twfaratinn, health, and social nesdr.
the fedaral government is aonethelrii reluctaat to conceds that tit is leqatiad to provide theaa services. The ftttine
isidtihlji holds i usimliiilili it? ? ?- -??<?? *?- ntillptina in thia
area is to be determined.
SUMMARY OF TRUST DUTIES
The trust relationship has advantages and diasdvintiger lor Indians. The Institute far tht Development of Indian
Law has identified five ways in which the federal tnistaidiip, which carried out with diligence and loyalty, may
benefit Indian tribes: (1) protection of tribes and individuals from taxation by state of local govanntiatits; (2) the
provision oflegelservioesbythe Department of Justice to secern end protect legal rights; (3) federal management
of Indian trust ftmds; (4) preference for Indiana m employment under the Federal Indian Preference Laws; end (3)
protection from the federal government of abuses that would occur absent the tnm relationship. PieedveniegMOi
the relations include: (1) federal paternalism m discharging Us trust duties, end (2) federal control over hnUen lends
and resources. wtut* <*"*"*? nw hm> wi^iimntiip ^ btfewt frdtrel
iy?? rtul nnWiining th? lniWw?hip it toAufctumnfl^iirf dealings UfUh thi fedSTll
govitment. In addition, there are present sigM that the Congress has begun to take Us trust responsibilities mors
seriously than in the past
If you have questions or comments, please do not hesitste to call. My number is 919-521-2S31.
Dr. Cheryl Locklear To Receive Top PSU
Alumi Association Award Feb. 6 J
Dr. Cheryl Ransom Lochia* of
graduate of Pembroke Stale Univer
sity who was the lim Native Ameri
can to graduate from the UNC
Chapel Hill School of Dentistry, and
Fred George of Laurinburg, vice
president of manufacturing for the
Eastern Region of the US. For
Campbell Soap Company, have been
named the whinen of the top awards
this year of the Pembroke State Uni
versity Alumni Association.
The awards will be pre seated at
PSLTs Alumni Awards Homecom
ing Dinner Saturday. Feb. 6. at 5
P.M. in PSU's Chavis Center
Locklear will receive the "Omstand
ing Alumna Award," while George
will receive the "Distinguished Ser
vice Award." New members of die
PSU Athletic Hall ofFame and new
alumni officers will also be elected
at the darner, for which the admis
rion price is $15 per person.
For persons wishing to attend both
the dinner and the alumni dance at 9
P.M. that evening, the total cost is
$20 per person. Locklear estab
lished her private dental practice in
Red Springs in H5 and established
the Ransom Locklear Professional
Complex in Red Springs in '88 It
was named for her maiden and mar
Not only was she the first Native
American to graduate from the UNC
Chapel Hill School of Dentistry in
79, she was the first Native Ameri
can accepted to the UNC-Chapel
Hill Dental Surgery Degree Program
m 75. ia *$4 Locklear also received
from UNC-Chapel Hill's School of
Public Health a Matter of Public
Heath Degree in Denial Public Heath \
Administration. *
The Ant "Mia* Lumbee" in '67, she
was valedictoriaa of Pembroke Se
nior High School is 71 and earned
her Bachelor of SfietKT in math
ematics at PSU as a summa cam laud
graduate in 75. After a two-month
internship with the Phoenix Area
Health Regional Office in 79, she
served from 1980-85 as public health
dentist for the Robeson/Bladen
County schools in the administration
of public health programs is 40
schools.
A lifetime member of the PSU
Alumni Areociatkn for which she
has served on the Board of Directors.
Locklear presently serves as vice
chairperson of Southern National
Bank of Red Springs. She is a mem
ber of the N.C. Dental Scboiwi Se
lection Committee, the Robeson
County Morebead Selection Com
mittee, the Southeastern Dental So
ciety, the N.C. Dental Society, and
the American Dental Amoc taboo
to award* include being named
One of Five Outetanding Young
Voaea of North Carolina by the
ayceea." Loddear, who ii the drogh
er of Flora Ranoorn of Pembroke
ad the late Marvin Ranenm, had
hree children: Nanci,20,Morehead
khoiaratUNC-Cbapel Hill; Sarah.
12; and Chritoghrt.il.
George. who ie in hie eecond year of
i four-year term ae a member of the
*SU Board of Trartue, iaa member
>f the PSU Chancellor1* Club. He
erve* a* vice chairman of to PSU
be PSU Development and Univer
ety Relatione Advieory Snbeommit
ee.
George hm eetahlrthed to Mart
net Keaneidell George Endowed
Memorial Scholarthip at PSU in
nemory of Me mother, who ae a
odal worker enhanoad to hvne of
eee totunaee children in Akron, O.
[Me "*? '"^'p ie beMg awarded
oouaBy to a PSU tonale atudear
adoring in, aocial work George,
vho hae aerved aa gnert keynote
dcLean Executive Sympoaium Se
iee, employe a large number of PSU
amy.
He eervne on to Boaed of Dhne
ote of the Scotland County Cham
goad of Ikfldml Me
norial Hoapilal. vice prerident of
he Scotland Cowrtji CowoanodCto
he Board of Dhnctore of to Soot
CONTimJEIh Of FAG* 2