Yakama Tribal Court to hear case over state’s elk management

 

May 7, 2014

By Kate Prengaman / Yakima Herald-Republic
kprengaman@yakimaherald.com

YAKIMA, Wash. — The Yakama Nation Tribal Court ruled it has jurisdiction in an unprecedented lawsuit that maintains that the state has responsibility to manage an elk herd to prevent damage to a sacred burial site.

Chief Judge Ted Strong found in favor of the tribal member who brought the civil suit against the state Department of Fish and Wildlife when he ruled Friday that the Tribal Court has the authority to hear the case. He ordered the parties to discuss settlement options before continuing with hearings.

Attorneys for the state had asked the court to throw out the lawsuit, saying it lacked authority over Wildlife Department officials named in the suit because they are not tribal members and because the burial site is not on the reservation.

In the case of the burial sites, the judge found that the court’s jurisdiction should not be limited to the reservation.

The case was brought under a 1989 state law allowing tribal members to seek damages in civil court against those who have knowingly damaged Indian burial sites. The law allows cases to be brought in Superior or Tribal Court, but this is the first time a case has been heard in Tribal Court.

It’s a test case for the authority of the Tribal Court, said Jack Fiander, the attorney representing Shay-Ya-Boon-Il-Pilpsh, who brought the case. Fiander said he hopes this case can demonstrate the fair, professional process of the Tribal Court.

Typically, tribal courts only have jurisdiction over cases involving tribal members and tribal lands.

“The Yakama Tribal Member who seeks preservation of the ancient burial grounds has no less right to be heard by this court simply because the remains of his fellow Yakama lies buried in the grave some miles distant from the Yakama Reservation Boundary,” Judge Strong wrote in the order granting the jurisdiction.

The tribal court is “uniquely competent” to hear concerns about the desecration of burial sites, he wrote.

Plaintiff Shay-Ya-Boon-Il-Pilpsh, who is also known as Ricky Watlamet, is charged in Kittitas County Superior Court with felony unlawful hunting after allegedly shooting several of the elk on the Kittitas County property where the burial site is located.

He was invited by the nontribal landowner who was frustrated with the Wildlife Department’s response to her complaints about damage by the elk, which were also eating grasses intended for cattle.

But under state law, tribal members’ treaty hunting rights that allow them to hunt outside of the state-set seasons don’t apply on private land.

Fiander is also representing his client in the criminal case, but he said that he’s encouraged by the Tribal Court’s decision to hear this civil case.

“I think everybody’s pleased about the decision, but we see it as chapter three of about seven,” Fiander said.

“I’m cautiously optimistic that in less than a month as the snow melts that the elk will start leaving the property and hopefully, a settlement can be reached for next year.”

In other areas with elk problems, Fiander said management strategies have included temporary fencing or issuing more hunting permits to keep the herd smaller.

A spokeswoman for the state Attorney General’s Office, which represents the Wildlife Department, said in an email that it is “reviewing the decision with our clients and considering our course of action.”

The next hearing is set for June 19, after the parties meet to discuss settlement options.

Once the Tribal Court has reached a conclusion in the case, the decision can be subject to a federal court review to ensure the process was fair, Fiander said.

But, he said he would not be surprised if the state’s attorneys planned to appeal.

“My sense is that ultimately it will end up in federal court,” Fiander said.

Billy Frank Jr., the foremost champion for Treaty Indian fishing, dies at 83

Nisqually elder Billy Frank Jr., a lifelong fisherman who led the battle for Treaty Indian fishing, speaks to an audience of tribal leaders past and present, activists, but most of all friends, remembering the Boldt Decision with stories. Photos of “The Old Swede,” as Billy called Judge Boldt, hung as a backdrop in memory of his momentous decision.
Nisqually elder Billy Frank Jr., a lifelong fisherman who led the battle for Treaty Indian fishing, speaks to an audience of tribal leaders past and present, activists, but most of all friends, remembering the Boldt Decision with stories this last February. Photos of “The Old Swede,” as Billy called Judge Boldt, hung as a backdrop in memory of his momentous decision. Andrew Gobin/Tulalip News

By Andrew Gobin, Tulalip News

In the early hours of May 5, after a lifetime dedicated to protecting treaty rights of northwest tribes, Billy Frank of Nisqually dies at age 83. He is known for championing the battle for Treaty Indian fishing in the 1960s and 1970s, which culminated with the momentous Boldt Decision. He remained ceaseless in his work as chairman at the Northwest Indian Fish Commission (NWIFC) to protect and preserve the salmon resource in all aspects, continuing his work until his final day. The nation mourns the loss of a great man.

In a White House press release, President Barack Obama said this, “I was saddened to learn of the passing of Billy Frank Jr. Today, thanks to his courage and determined effort, our resources are better protected, and more tribes are able to enjoy the rights preserved for them more than a century ago.  His passion on the issue of climate change should serve as an inspiration to us all.  I extend my deepest sympathies to the Nisqually Indian Tribe, and to Billy’s family, and to his many friends who so greatly admired him.”

Tulalip Tribal Chairman Herman Williams Sr. said, “He’s always been that symbol of our relationship with the state and federal government. He’s the one out in front, leading the fight.”

As serious and determined as he was, Billy was exceedingly humble. He was a man of the people. Wherever he went, he seemed to know everyone, and was always thrilled to see his friends and relatives. He spoke frankly, and was never afraid to speak his mind and say what he knew to be right.

Terry Williams, who worked closely with Frank through the Tulalip Natural Resources Department, said, “Billy had a saying I just loved. He’d say, ‘You have got to tell the truth and recognize the truth.’ That’s what we have faced all our lives.”

Billy Frank spoke from the heart with passion and tenacity. He was revered for his words and what they accomplished.

U.S. Sen. Maria Cantwell, who sits on the Senate Indian Affairs Committee, told the Everett Herald, “Billy Frank was a legend among men. Today, America lost a civil rights leader whose impact will be felt for generations to come.”

His death comes in the middle of a crucial discussion in Washington State that will change the way salmon are protected. The Fish Consumption Rate and the pollution rate are issues to be decided this year. If he were here, his words would be to stay the course. The battle doesn’t stop with the rights, it continues for the survival of the resource.

February 12 of this year marked 40 years since the Boldt Decision. At a celebration at the Squaxin Island resort remembering the battle for Treaty Indian fishing, Frank highlighted how the future of tribes is intertwined with the future of the environment. He said, “We have to protect the salmon. Look at California. The tribes there have the first water right, but there is no water. We have a right to the salmon, but if there are none, what kind of right we got?”

Tulalip Chairman Williams agrees that the fight must continue, but people have to pick up where the old leaders have left off.

“Where will the next Billy Frank rise from?” he said.

 

Andrew Gobin is a reporter with the See-Yaht-Sub, a publication of the Tulalip Tribes Communications Department.
Email: agobin@tulaliptribes-nsn.gov
Phone: (360) 716.4188

Alaska Natives and First Nations Unite to Fight Mining Threat to Salmon Habitat

Tongass Conservation SocietyThe headwaters of the Unuk River, where a company called KSM wants to build a humongous open-pit mine for cold, copper and other metals.
Tongass Conservation Society
The headwaters of the Unuk River, where a company called KSM wants to build a humongous open-pit mine for cold, copper and other metals.

 

Paula Dobbyn, Indian Country Today

 

It has become an all-too-familiar story: Pristine waters. Salmon habitat. Sacred significance. Mining.

The Unuk River watershed, straddling the border between British Columbia and Alaska, is on track to become ground zero in a struggle to stop the world’s largest open-pit mine, Kerr-Sulphurets-Mitchell (KSM). The fight against it is uniting First Nations and Alaska Natives as they battle to preserve stewardship of the pristine region. And it is just one of five massive projects proposed for the region.

If KSM secures the financing and the regulatory go-ahead, the giant mine would turn 6,500 acres of pristine land into an industrial zone that would generate more than 10 billion pounds of copper and 38 million ounces of gold, according to a project summary. As with any large mine, it would employ a hefty workforce—in this case mostly Canadians—and create taxes and royalty payments for Canada. But it would also produce a slew of waste. And that’s what critics say downstream Alaska communities stand to take on: none of the economic benefits but much of the environmental risk.

With its remote headwaters in British Columbia, the Unuk River is one of the world’s most prolific salmon waters. An international river, the Unuk flows into neighboring Southeast Alaska and its temperate rainforest, the 17-million-acre Tongass National Forest, a place of towering coastal mountains, tidewater glaciers and fog-shrouded islands. The Unuk empties into Misty Fjords National Monument, an attraction for cruise ship passengers viewing glaciers, bears and whales that dot Alaska’s Inside Passage. The Unuk, known as Joonáx̱ in Tlingit, supports large runs of king salmon, a cultural icon prized by commercial, sport and subsistence fishermen alike.

“The consequences for salmon runs on both sides of the border could be devastating, yet Alaskans would see none of the economic benefit,” wrote National Geographic Explorer-in-Residence Michael Fay in a 2011 letter to British Columbia Premier Christy Clark, signed by nearly 40 other scientists.

Seabridge Gold, the mine developer, expects KSM to generate more than two billion tons of acidic waste rock called tailings, a byproduct of the mining process than can be lethal to fish. The tailings would be held behind two huge dams—each taller than the Hoover dam—built in the headwaters of the Nass River, one of British Columbia’s most important salmon rivers.

Because KSM is located in sensitive fish habitat, it has raised the ire of Southeast Alaska tribes, fishermen and some Canadian First Nations. They joined forces in early April, forming a cross-border working group to develop a unified strategy to protect their interests.

It’s not just KSM that worries them. KSM is one of more than a dozen mines planned for northern B.C., including five located in salmon-bearing watersheds that arise in Canada and drain into Alaska. The British Columbia government is encouraging the mines’ development, offering tax breaks and relaxed environmental rules. Also spurring development is the construction of a new power line extending electricity into the northwest corner of the province, bordering Alaska. The transboundary projects include Red Chris, Schaft Creek, Galore Creek and Tulsequah Chief. The international rivers they could affect are the Taku, Stikine and Unuk, some of Southeast Alaska’s top salmon rivers.

“These projects could not be in a worse location. Salmon is our traditional food. If anything happens to them, we would be in a world of hurt,” said Ketchikan fisherman and tribal leader Rob Sanderson Jr.

Fishing, seafood processing and tourism are key economic drivers in Southeast Alaska. The seafood industry produced $641 million worth of fish in 2011, which created 17,500 jobs and $468 million in wages. A million visitors tour the area every year, spending about copy billion.

Tribes have passed numerous resolutions of concern about how KSM and the other transboundary mines could potentially contaminate the region, including their traditional fishing grounds. Recently a delegation of tribal leaders and fishermen flew to Washington, D.C.  to lobby for State Department intervention. They delivered a letter signed by 40 businesses, groups and individuals asking for help.

Alaska’s congressional delegation got the message. Shortly after the Alaskans flew home, Senators Lisa Murkowski and Mark Begich, along with Congressman Don Young, contacted the office of Secretary of State John Kerry by letter asking him to get involved to protect Alaska’s interests. Because the mines are located in Canada, Alaska tribes feel they have less influence over the outcome than if they were on U.S. soil.

“It’s happening in a foreign country. We don’t have a lot of control over it,” said Sanderson. “They don’t even have to consult with Alaska tribes.”

The U.S. Environmental Protect Agency has raised issues regarding the KSM project, mirroring the tribes’ concerns. The U.S Interior Department has urged Seabridge Gold to consult with Alaska tribes regarding fishing and clean water.

Recently Seabridge sent its vice president for environmental affairs to Alaska to participate in a tribal meeting on Prince of Wales Island near Ketchikan regarding KSM. Seabridge’s Brent Murphy told the Juneau Empire that “the overwhelming design philosophy for the KSM project is the protection of downstream environments and that is ensuring protection also for Alaskans.”

On its website, Seabridge notes that KSM has undergone extensive review by environmental and technical experts over the past five years to see that salmon and other wild resources are protected.

But Seabridge’s assurances have done little to allay skepticism on the U.S. side. Since the meeting on Prince of Wales in late March, the newly elected president of Alaska’s largest tribe, the Juneau-based Central Council of the Tlingit and Haida Indian Tribes of Alaska, has elevated the matter.

“This is a direct threat to the lifestyle and culture of our tribes’ 29,000-plus members,” said Richard Peterson, tribal president.

At Peterson’s urging, the Central Council adopted a resolution giving Southeast Alaska’s 19 federally recognized tribes the green light to work with First Nations to try to slow the development of the transboundary mines.

“We need a collective call to arms,” said Peterson.

Not all B.C. First Nations oppose the KSM mine or the other transboundary projects. The Gitxsan and Nisga’a Nations support the mine’s development. But others, including the Gitanyow Hereditary Chiefs, who live downstream from where the KSM waste facility would be located, are opposed.

“Nass River fish are critical for the food security of the Gitanyow,” said Kevin Koch, a fish and wildlife biologist with Gitanyow Fisheries Authority. “KSM poses a major threat to the Gitanyow way of life.”

Koch noted that the Gitanyow have constitutionally protected aboriginal rights to fish in the Nass. Seabridge maintains that any ill effects from mine waste on Nass River salmon would be minimal.

Peterson is unconvinced.

“I think John Kerry should be sitting in my office talking to me right now,” he said. “We need face-to-face consultation on this. We’re a sovereign nation.”

 

Read more at http://indiancountrytodaymedianetwork.com/2014/05/02/tribes-and-first-nations-unite-halt-bc-mine-threatens-salmon-habitat-154681?page=0%2C0

9 Tribal Nations Taking a Direct Hit From Climate Change

Rich Pedroncelli/Associated PressThe dried-out bed of Lake Mendocino, California, in February 2014. The state is gripped in its worst drought in recorded history, and a new study has found that climate change is to blame.
Rich Pedroncelli/Associated Press
The dried-out bed of Lake Mendocino, California, in February 2014. The state is gripped in its worst drought in recorded history, and a new study has found that climate change is to blame.

 

Terri Hansen, ICTMN

 

It is no secret that American Indian communities are at the forefront of climate change. From low-lying nations facing sea-level rise, to villages located on melting permafrost, to drought-plagued lands, these are some of the more dramatic examples of American Indian tribes that are taking a direct hit from extreme weather events likely linked to climate change. Although several tribes, including some on this list, are already adapting or laying out plans for the inevitable, this list highlights those that are seeing dramatic, tangible changes.

RELATED:  8 Tribes That Are Way Ahead of the Climate-Adaptation Curve

1. Hoh Tribe

The Hoh road to the beach has washed out, and the ocean has destroyed the homes that once lined their beach. In 2009, Hog tribal officials told a U.S. Senate Indian Affairs Committee hearing in Washington, D.C., that they face constant threats from floods and the Hoh River.

RELATED: Hoh Indians Head for Higher Ground

2. Quinault Indian Nation

Seaside villages up and down the Pacific coast are at risk, from rising sea levels. Some stark evidence of this came with the recent state of emergency declared by the Quinault Indian Nation. Earlier this year, its headquarters in Taholah faced an increasingly dangerous situation with sea level rise and intensified storms. The situation came to a head with the breach of a sea wall that caused serious damage.

RELATED: Quinault Nation Declares State of Emergency After Taholah Seawall Breach

Quinault Nation President Fawn Sharp has since traveled to Washington, D.C. to lobby for more flood protection.

RELATED: Quinault President Fawn Sharp Heads to D.C. to Lobby for Flood Protections

Climate Change Is Real, Let’s Fight It Together

3. Quileute Tribe

The Quileute are squeezed on a sliver of land between the Pacific Ocean and the Olympic National Forest. Rising sea levels and a river’s changing course through the reservation has exacerbated not only fears of flooding, but also of what could happen if an earthquake occurred powerful enough to wreak the damage that was seen in Fukushima, Japan, in 2011. Just a couple of years ago a tribal school attended by 80 children was just a foot above sea level. A powerful storm surge threw car-sized wood trunks into their schoolyard. But now the Quileute are relocating an entire village.

RELATED: Haida Gwaii Quake Brings Home the Importance of Quileute Relocation Legislation

Quileute Is Moving to Higher Ground

4. Alaska Native Villages

Along Alaska’s northwestern coast, melting sea ice has reduced natural coastal protection. Increased coastal erosion is causing some shorelines to retreat at rates averaging tens of feet per year. In Shishmaref and Kivalina, Alaska, severe erosion has caused homes to collapse into the sea, according to the Environmental Protection Agency, forcing these Alaska Native Village populations to relocate in order to protect lives and property.

RELATED: BBC News Magazine Profiles Disappearing Kivalina, Alaska

Galena, Alaska Struggles to Rebuild After Yukon River Ice Jam Causes Devastating Flood

5. Navajo Nation

“Climate change is slowly tipping the balance in favor of more frequent, longer lasting, and more intense droughts,” states the 2013 Assessment of Climate Change in the Southwestern United States (SWCA). The Navajo Nation is a prime example, with a drought that pre-dates the one that has crippled parts of California. From runaway sand dunes, to dying horses, the Navajo Nation is suffering from a lack of water.

RELATED: Horses Dying as Navajo Nation Declares Drought Emergency

Navajo President Ben Shelly Signs $3 Million Drought Relief Bill

Drought Hits Navajo Nation Ranchers Hard

6. Agua Caliente Band of Cahuilla

The Agua Caliente, hit last year by wildfires, got the double whammy after the charred remains of its Indian Canyons became prone to flash flooding, forcing their closure for several months.

RELATED: Agua Caliente Band Closes Indian Canyons Indefinitely After Flash Flooding

7. Biloxi-Chitimacha Tribe

Sea level rise is washing away the land of this small tribe in Louisiana. The Biloxi-Chitimacha moved to the Isle de Jean Charles on the Gulf Coast in the 1840s and made a way of life there. The island—along with the rest of Louisiana’s coastline—is disappearing into the Gulf of Mexico at a speed almost visible to the eye, reported Truthout in April.

“There was land on both sides of the bayou,” tribal member Chris Chaisson told Truthout. “Now, it’s just open sea.”

While the tribe faces a multitude of problems, sea level rise remains at the root of the tribe’s most pressing.

8. Yocha Dehe Wintun Nation

An April 2014 study by scientists at the Utah State University has linked this year’s California drought to global warming, the Associated Press reported. That brings us to two tribal nations that issued drought state of emergencies. The Yocha Dehe Wintun Nation declared a drought emergency in April, calling upon its members to cut their water use by 20 percent.

Tribal chairman Marshall McKay put out a statement that said, “The drought threatens how we eat and drink everyday, how we manage our businesses, how we protect our environment and how we plan for our families’ futures.”

Related: Yocha Dehe Wintun Nation Declares Drought Emergency as California Water Shortage Continues

9. Hoopa Valley Tribe

The Hoopa Valley Tribe had declared a drought state of emergency two months before the Yocha Dehe, in February. The Hoopa began formulating a drought mitigation plan that would plan out water use for three to five years, with measures such as storing water from the mountains that is currently not being tapped, beefing up fire prevention initiatives and shoring up backup water systems.

Related: Hoopa Valley Tribe Declares Drought Emergency as California Dries Out

 

Read more at http://indiancountrytodaymedianetwork.com/2014/05/06/9-tribal-nations-taking-direct-hit-extreme-weather-154746?page=0%2C2
 

Being Frank: Keep Big Oil Out of Grays Harbor

Billy Frank
Billy Frank

By Billy Frank, Jr., Chairman, Northwest Indian Fisheries Commission

OLYMPIA – Our environment, health, safety and communities are at risk from decisions being made now to transport and export trainloads of coal and oil through western Washington.

If coal export terminals proposed for Cherry Point near Bellingham, and Longview on the Columbia River are approved, hundreds of trains and barges would run from Montana and Wyoming every day, spreading coal dust along the way. That same coal will continue to pollute our world when it is burned in China and other countries thousands of miles away.

Now that threat is joined by proposals to use mile-long crude oil trains to feed massive new oil terminals in Grays Harbor.  Safety is a huge concern. Since 2008 nearly a dozen oil trains have been derailed in the U.S.  In December, a fire burned for over 24 hours after a 106-car train carrying crude oil collided with a grain train in North Dakota. In July, an oil train accident killed 47 people and leaked an estimated 1.5 million gallons of oil in Quebec, Canada.

It’s clear that crude oil can be explosive and the tankers used to transport it by rail are simply unsafe. These oil trains are an accident waiting to happen to any town along the route from the oil fields of the Midwest to the shores of western Washington.

Plans for shipping crude oil from Grays Harbor also include dredging the Chehalis River estuary, which will damage habitat needed by fish, shellfish and birds.  Large numbers of huge tanker ships moving in and out of the harbor would interfere with Indian and non-Indian fisheries and other vessel traffic.

The few jobs that the transport and export of coal and oil offer would come at the cost of catastrophic damage to our environment for years. We would have to live with that damage for many years. Everyone knows that oil and water don’t mix, and neither do oil and fish, oil and wildlife, or oil and just about everything else. It’s not a matter of whetherspills will happen, it’s a matter of when.

Thankfully, the Quinault Indian Nation is taking a stand. “The history of oil spills provides ample, devastating evidence that there are no reasonable conditions under which these proposed terminal projects should proceed,” says my friend, Fawn Sharp, president of the Quinault Indian Nation. “We oppose oil in Grays Harbor.  This is a fight we can’t afford to lose.  We’re in it to win. Our fishing, hunting and gathering rights are being jeopardized by the immediate and future impacts of these proposed developments.”

Right now public hearings are being held and Environmental Impact Statements are being developed for these oil export schemes. You can send comments to Maia Bellon, Director of the Department of Ecology, 300 Desmond Drive, Lacey, WA 98503-1274.

I urge you to join the Quinault Indian Nation and the many others who are battling Big Oil on this issue. Email ProtectOurFuture@quinault.org or more information.

“We have a responsibility to protect the land and water for the generations to come. Together, we can build a sustainable economy without sacrificing our environment,” says Sharp.

She’s right.

When Cowboys and Indians unite — Inside the unlikely alliance that is remaking the climate movement

Tribal leaders gather at Reject and Protect in Washington, D.C., last week. (WNV / Kristin Moe)
Tribal leaders gather at Reject and Protect in Washington, D.C., last week. (WNV / Kristin Moe)

 

By Kristin Moe, May 2, 2014. Source: Waging Nonviolence

It began with a dream, and a memory.

Faith Spotted Eagle slept. In her sleep, she saw her grandmother, lying on a table, wrapped in a blanket with her white braids on her chest.

Her sister appeared. “What’s going on?” Spotted Eagle asked.

“I don’t know. They told us to come.”

A door opened; a room full of people, ancestors, stared silently. She felt in their stares a sadness, but also a strength. Another door opened to another room with the same scene. She knew that if she were to keep opening doors, all the rooms in the house would be filled with those watchful, silent ancestors.

Spotted Eagle closed her eyes, unsure of what do to, but knowing that it was impolite to stare back. Then her grandmother’s voice came to her.

“Look at the treaties. There’s something in the treaties.”

That’s when she woke up.

Spotted Eagle is a Dakota/Nakota elder of the Ihanktonwan tribe in South Dakota. She wears skirts that brush her ankles, and her white braids hang over her shoulders like her grandmother’s — but when she puts on sunglasses, she looks like a badass.

She didn’t know exactly what the dream meant, but she believed it was the answer to a problem she’d been thinking about for some time: How to prevent the Keystone XL pipeline from going through Lakota traditional territory, sacred land.

“Who will be able to stand with us?” she thought. “We have to stand with somebody.”

She prayed. And then she remembered the 1863 treaty between the Ihanktonwan and the Pawnee that was the first recorded peace treaty between tribes. She also remembered that, throughout the last several decades, alliances of natives and non-natives in the northern Plains had formed and re-formed to defeat threats to land and water. Recently, Lakota elders had made moves to resurrect a new Cowboy Indian Alliance – this time, to take on Keystone XL.

In late January of 2013, exactly 150 years after the signing of that first treaty, Spotted Eagle and other activists convened tribal representatives from across the continent on the Ihanktonwan reservation. Their purpose was to ratify the International Treaty to Protect the Sacred from Tar Sands and Keystone XL, a document based on that first 1863 peace treaty. It represented unprecedented unified action from North American indigenous people, with one new addition: This new treaty also included a few of the ranchers from the Great Plains, who feel their lands are also threatened by the tar sands pipeline.

Spotted Eagle told the visitors of how landowners and tribal members had come together in the past, and how they had successfully driven industry off their land. This was a version of the cowboy-Indian story these cowboys hadn’t heard.

Meanwhile, Jane Kleeb — an organizer of landowners with Bold Nebraska — was also looking for support for her small but somewhat isolated band of dissidents back home. Phone calls flew back and forth between South Dakota and Nebraska. Kleeb brought ranchers north to meet with Spotted Eagle and other indigenous leaders; the visitors were nervous and polite, unfamiliar with tribal customs – yet it became clear that they were connected by this pipeline, as well as everything they stood to lose if it went through. An alliance looked promising.

Since then, the alliance has developed, tentatively, through shared purpose. Last week, from April 22-27, members of the budding Cowboy Indian Alliance joined with activists and representatives from tribes across North America in a five-day convergence on the National Mall in Washington, D.C., called Reject and Protect. Wearing moccasins and dusty boots, they ate and prayed together, protested, danced, met with elected officials, and led a 5,000-person march through the streets, beginning each day with ceremony. Their message hung clearly on a banner by the circle of tipis: “No Damn KXL.”

A radical departure

While native/non-native alliances have been forming in various places to prevent all kinds of industrial projects, it is Keystone that has galvanized the environmental movement in a way not seen since the anti-nuclear campaigns of the 1980s. The fight has sparked hundreds of marches, rallies and legal challenges, as well as one of the largest mass civil disobedience actions in the history of the environmental movement.Time magazine wrote in 2013 that it was turning out to be a watershed, the Selma and the Stonewall of the climate movement. That remains to be seen. What’s certain is that the campaign against Keystone has already altered the political landscape.

The environmental movement has long come under criticism for being led by the so-called Big Greens — largely white, middle class membership groups whose interests don’t often represent those actually living in the frontline communities where the pipeline will be built. But the coalition of cowboys and Indians offers a radical departure from this history. Moreover, it is a model of relationship-based organizing, rooted in a kind of spirituality often absent from the progressive world, and — given the role of indigenous leaders — begins to address the violence of colonization in a meaningful way. It may be that these so-called unlikely alliances offer the only chance of forging a movement strong and diverse enough to challenge a continent’s deeply entrenched dependence on fossil fuels.

When TransCanada, the pipeline company, began claiming the right to run the Keystone XL through private property, ranchers and landowners said they finally understood, in some small way, what it might have felt like for Native Americans to lose their land. In speaking of the ranchers, Casey Camp-Horinek, an activist and elder of the Ponca tribe, said, “They, too, are suffering under things like eminent domain. They, too, have had their lifestyles impinged upon by these major corporations.”

Bob Allpress rides his horse on the National Mall at Reject and Protect. (WNV / Kristin Moe)

The nightmare that’s fostering kinship

The day after Nebraska rancher Bob Allpress rode through the nation’s capitol on horseback in a cavalry contingent of ranchers and tribal members, he was a little stiff. He doesn’t ride much anymore. But Allpress, with his bandana, boots and well-groomed mustache, still looks every inch the cowboy.

When the pipeline route through Nebraska was changed in 2012, ostensibly to avoid the ecologically sensitive Sandhills, the newly proposed path now cut straight through the Allpress’ alfalfa field. If built, the pipeline would lie just 200 yards from their house.

This is no ordinary pipeline, just as tar sands is no ordinary oil. According to aNatural Resources Defense Council report, tar sands oil is 3.6 times more likely to spill than regular oil. It is also highly corrosive and nearly impossible to clean up. Residents who live near the path of Keystone 1 — a smaller, already existing tar sands pipeline operated by TransCanada — know this story already. They saw 14 spills — along its route from Canada to refineries in Oklahoma and Illinois — during the pipeline’s first year of operation.

The southern portion of the Keystone XL has already been built through Texas, in spite of grassroots resistance; now, the last northern section remains. Allpress fears that a tar sands spill would contaminate his land and water, rendering it unusable for years to come.

TransCanada used what Allpress calls “the old slap and tickle” when it notified him that the pipeline would go through his land: a nice offer of some compensation up front, but a warning that under the law of eminent domain, the pipeline would go through no matter what.

“TransCanada’s been nothing but deceitful and a bully the entire time,” he said. And in the words of his wife, Nancy, “We felt like we were the sacrifice.”

But cowboys don’t like to be pushed around. So they told TransCanada to shove it, and joined Bold Nebraska, a four-year-old organization led by Jane Kleeb that has emerged as one of TransCanada’s most formidable obstacles. When Bold Nebraska began partnering with tribes in South Dakota, the Allpresses were on board. They’ve since attended their first tribal council meetings, gone to rallies and public hearings, and written op-eds to Nebraska papers, refuting what Allpress calls TransCanada’s massive public relations campaign.

Environmental activism isn’t exactly what the Allpresses had in mind when they returned to Nebraska to retire from careers in government and the military, and investing what they had in their land.

“I’m a redneck Republican,” Allpress joked. He and his wife are both ex-military. “Standing there in cowboy boots and a hat next to people in peace necklaces and hemp shirts” is a little outside his comfort zone. “It’s been — an experience. A good experience. We’ve enjoyed the hell out of it.”

As the sun set on the first evening of the Washington, D.C. gathering, folks sat under a white tent, eating dinner on paper plates and taking refuge from the tourists who swarm the camp, saying, “Look! Real Indians!”

In one corner, the Allpresses were getting advice from fellow rancher Julia Trigg Crawford from Texas. She’s been fighting Transcanada for years — despite having to concede temporary defeat when the pipeline was installed and began pumping oil through her family’s property. Crawford filed suit and is now waiting for the Supreme Court of Texas to take up her case.

“I’m going down swinging,” she said.

The pipeline fight may be these people’s worst nightmare, but it has fostered a sense of kinship. All along its path, communities are uniting under a shared narrative of fossil fuel exploitation and resistance. Similar patterns are coalescing along the paths of the other tar sands pipelines around the continent, from Vancouver, British Columbia to Portland, Maine.

Like the Cowboy Indian Alliance, partnerships between natives and non-natives have emerged to fight tar sands — and it’s part of a larger trend right now across regions and environmental issues. Zoltán Grossman, a professor of Geography and Native Studies at Evergreen State College, has written extensively about such alliances, pointing to examples of tribes and fishermen who prevented dams and logging in the Northwest, as well as Western Shoshone and ranchers who fought bomb testing in Nevada. In recent years members of the Unist’ot’en clan in British Columbia have invited busloads of non-natives from all over Canada to help prevent a slew of tar sands and gas pipelines from crossing their land. The Cowboy Indian Alliance isn’t alone.

Fossil fuel fights are also bringing together tribes within the indigenous community, some of whom have never had a formal relationship. The tar sands cover parts of Alberta which various First Nations call home, and Crystal Lameman’s Beaver Lake Cree First Nation is among them. Lameman spent much of the week in Washington flanked by Faith Spotted Eagle and Casey Camp-Horinek, two of the leaders who are mobilizing their tribes along the length of the pipeline.

Camp-Horinek is a member of the Ponca tribe, which was forcibly relocated from Nebraska to Oklahoma in 1877. The pipeline, which originates near Lameman’s reserve, will carry tar sands along the very same path as the Ponca Trail of Tears. Camp-Horinek sees this as a direct affront to her people’s memory. And each of the women consider the tar sands a threat to their sacred land.

Camp-Horinek wears her graying braids down over her shoulders, a black shawl, and earrings, round like suns. Lameman is perhaps 30 years younger, with lipstick, outrageously long eyelashes and hair down to her waist. Despite the age difference, they’re both emblematic of the indigenous women leaders who are serving as mentors, organizers and spiritual leaders to their communities. They speak deliberately, as if their words matter. They do not say “um” or “like.” They sit up straight and laugh often.

Both women’s tribes — along with the Cowboy Indian Alliance — are some of the signatories to the International Treaty to Protect the Sacred from Tar Sands and Keystone XL. In a show of defiance and unity, several tribal councils in the United States have also passed individual resolutions condemning the Keystone XL. And Idle No More, a grassroots indigenous rights movement that sprang up suddenly in Canada during the winter of 2012, now has 700 chapters in eight countries. Thanks in part to the rise of digital networks, indigenous peoples today are reaching out to each other in ways that were unthinkable even 15 years ago.

Tipis were set up during daytime hours at the Reject and Protect encampment on the National Mall. (WNV / Kristin Moe)

Creating a spiritually integrated environmental movement

Each morning, the Reject and Protect encampment opened with a ceremony around the sacred fire, which was kept burning throughout the week. As smoke drifted up into the morning sun, the circle of participants — indigenous, white, young and old — would stay quiet as an elder offered a prayer.

What most don’t realize is that this would have been impossible until fairly recently. Native ceremonies were illegal for most of the 20th century as part of the U.S. government’s effort to hasten assimilation by suppressing native culture. American Indian spiritual practices were only protected by federal legislation in 1978.

The tribal elders have brought ritual to the Cowboy Indian Alliance, rooting every gathering in native ceremony. Faith often makes progressives uncomfortable; the environmental movement, to be sure, has remained stubbornly secular in the interest of inclusivity and scientific rationality. But here, people don’t seem to mind. They’re solemn; it gives each day a rhythm, a ritual, a reminder that they’re all connected to ancestors, earth and each other.

Since many of history’s most powerful social movements — from civil rights to anti-apartheid — have gained strength from a firm grounding in faith, it begs the question of whether something has been lost by remaining steadfastly irreligious. And in a country where 80 percent of the population claims some spiritual affiliation, there’s a preexisting organizational network that’s largely untapped by the environmental movement. It’s possible that the Cowboy Indian Alliance offers a glimpse into what a spiritually integrated environmental movement might look like, honoring diversity while resisting cooptation.

Part of embracing ceremony is slowing down to a more human pace of organizing — one where priority is given to relationships. Naturally, the alliance organizes on conference calls and on smart phones, but they make time for in-person gatherings, some of which last for several days, where time is given to sitting around and just talking. Telling stories, introducing their grandkids, spending time out on the land. They know that an alliance like this, tenuous and young, lives or dies by the strength of its relationships.

Jane Kleeb, Bold Nebraska’s fearless leader, says that these relationships are a part of the strategy. The early alliance meetings were about “sharing stories and building trust, so that whatever TransCanada tries to do, we were a stronger alliance that they couldn’t break.” Since the alliance lacks TransCanada’s bottomless bank account, she laughed, “The only thing I can do is build those relationships.”

By supporting native rights, the Cowboy Indian Alliance is beginning the dialogue not just about broken treaties, but about the long history of colonization, the effects of which are ongoing among some of the United States’ poorest populations. Clayton Thomas-Muller, an indigenous organizer from Canada, said that the alliance “represents an important step towards reconciling America’s bloody colonial history.”

This is perhaps why the scene on that first sunny morning of Reject and Protect was so symbolic. In accordance with custom, the alliance leaders gathered before the Chief of the Piscataway Tribe, Billy Red Wing Tayac, and formally requested permission to enter Washington, D.C. — what was originally considered Piscataway territory.

And so it was that Bob Allpress, a fourth-generation rancher, born and raised on what was once Lakota land, found himself presenting an offering to Chief Tayac, encircled by a throng of photographers. The weight of history bore down on them all — the forced removals, the outlawing of native traditions and ceremony, the theft of land guaranteed by treaties the U.S. government never really intended to keep. With the Capitol dome looming pale behind him, Chief Tayac accepted the handmade blue-jean blanket and said, “We welcome you, and we welcome all cowboys in the fight against the pipeline.”

Rancher Bob Allpress at the opening ceremony with Chief Tayac. (WNV / Kristin Moe)

Standing on the shoulders of earlier alliances

“Unprecedented” is a word that’s heard often in the Cowboy Indian Alliance. What most don’t realize, however, is that there is a long history of successful alliances between natives and non-natives, particularly around industrial projects that residents see as a threat to land and water.

This is actually a later incarnation of an alliance that was first formed in 1987 to prevent a Honeywell weapons testing range in the Black Hills, one of the most sacred sites in Lakota cosmology – where, in the 1970s, alliances successfully fended off coal and uranium mining. In 1980, a rancher, Marvin Kamerer, hosted 11,000 visitors at a Black Hills Survival Gathering to learn about native rights, sustainable living and clean energy. According to Native Studies scholar Zoltán Grossman, similar alliances prevented a toxic waste dump on Pine Ridge and Rosebud reservations in 1990, a hog farm and coal trains in the early 2000s, and Kevin Costner’s resort complex in 2002 — to name a few.

Although the alliances have generally dissolved after each campaign, each one set a precedent for future collaboration. And while they haven’t been easy, they’ve been remarkably effective.

Alliances like this go unreported, Grossman believes, because “they’re more dangerous to the status quo” than stories of conflict — that is, because they might inspire people to work together.

“The Keystone pipeline effort is standing on the shoulders of earlier successful efforts at alliance-building,” he said. “So I’m not surprised that it’s been as powerful as it has been.”

In August of 2011, 1,253 people were arrested at the White House protesting Keystone. Indigenous activists came from all over North America, going to jail side by side with non-native activists. Thomas-Muller, who also organizes with Idle No More, said that 350.org — one of the major facilitators of the action — made the move to reach out to the indigenous community and that “resulted in the biggest civil disobedience since the Vietnam War.”

The choice to focus on the pipeline came after a spectacular failure of a political strategy in which Big Green threw all of its weight behind the climate bill — officially known as the American Clean Energy and Securities Act. After the bill failed in the Senate, there was widespread disenchantment with the political process, a sense that the one chance for federal legislation had been lost, that the influence of the fossil fuel industry in Congress was too great. What resulted was a shift in focus away from Washington and toward local fights over coal, oil and natural gas — and a recognition that a movement isn’t really a movement unless it’s led by its grassroots base.

Enter Keystone. This was everything the climate bill was not: concrete, and easy to understand and get behind.

“You’re either for it or against it,” said Jason Kowalski, Political Director of 350.org, which helped support Reject and Protect. “The oil either flows, or it doesn’t.”

And by physically connecting impacted communities in America’s red state heartland from Alberta to Texas, it also offered a way to connect them through shared opposition — and, ultimately, shared values.

Since then, some mainstream environmental organizations have begun to step back and allow environmental justice organizations to come to the fore, something that Kowalski says hasn’t always happened.

“The indigenous people who are here have been doing this longer, and in a more heartfelt way, than any of us can imagine, on the frontlines of this fight,” Kowalski said.

Ultimately, though, there’s only one person who will make a decision on Keystone: President Obama. And so on Wednesday, April 23, nine leaders from both the cowboy and tribal contingents met with three staffers from the Obama administration to ask the president to reject the pipeline.

There was a buzz in the air at the encampment when they returned— Camp-Horinek, Faith Spotted Eagle and their compatriots were still charged from the encounter.

Each had taken a turn in the meeting telling their stories to the three staffers, in an effort to demonstrate that, in Camp-Horinek’s words, “We’re part of a devastating pipeline story that is as clear and as connected as they want Keystone XL to be.”

But the representatives of the administration, she said, remained “100 percent stone-faced.”

These were the presidents of the Rosebud and Oglala Sioux nations — sovereign nations whose treaties entitle them to meet with similarly ranked heads of state, she noted, before asking, “Where was the President of this nation to meet with us?”

So they walked out.

Tribal relationships with the United States government have, for obvious reasons, been fraught with bad feelings. Centuries of land theft, racism, genocide and forced assimilation cannot be erased overnight.

The cowboy contingent stayed, wanting to take advantage of this chance to tell their stories – hoping that some part would make its way up the ladder. But they left feeling equally discouraged. The distance between Washington and Nebraska seemed great indeed.

The White House couldn’t be reached for comment. But, according to the meeting attendees, there was something good that came out of it: assurance that the Obama administration had taken note of the coalitions, the “very different people that are coming together” around the pipeline, said Camp-Horinek. “They’re paying attention.”

Casey Camp-Horinek and Faith Spotted Eagle (WNV / Kristin Moe)

The elephant in the room — or, in this case, the tipi — is the problem of land ownership. What happens when a rancher speaks of “my land” or “my private property” to a room full of people who believe that the land was stolen, and never really belonged to them in the first place? How to begin to address the competing claims to land that is central to the identity and culture of both groups?

The Cowboy Indian Alliance doesn’t seem ready to address this in public just yet. There are speeches, expressions of gratitude, fortitude, even love. The wounds of history are alluded to, but obliquely. For now, at least, these questions are secondary to the urgency of fighting the pipeline. “The land doesn’t belong to us — we’re just caretakers” is a sentiment that’s frequently heard.

Behind closed doors, however, at the first meeting of the alliance, the tribal elders laid it all out.

“We pulled no punches with them,” Camp-Horinek said. “About how the land that they live on now became land that they could buy and sell. It was our blood.”

She also insisted that “It’s part of their history as well as ours. And it has to be brought out and spoken of, or else there isn’t an alliance.”

As much as the alliance represents a step towards healing old wounds, it remains just that — a step. As a movement, said Thomas-Muller, “we need to develop an organizing framework that effectively addresses racism, oppression, misogyny and colonialism.” That work is beginning, he believes, but there’s a long way to go.

While any real dialogue about colonialism has been set aside for the moment, it has by no means disappeared. Grossman, in his study of history’s successful alliances, writes that this may not be a bad thing; that the “conventional wisdom” which tells coalitions to emphasize sameness, to downplay the native rights issue in favor of unity, is ultimately self-defeating.

“I’ve concluded that the conventional wisdom is largely bullshit,” he writes. “Emphasizing unity over diversity can actually be harmful to building deep, lasting alliances between native and non-native communities. History shows the opposite to be true: the stronger that native peoples assert their nationhood, the stronger their alliances with non-Indian neighbors.”

Grossman has a warning. “There’s always going to be an effort either to prevent alliances from coming together,” he said, by exploiting racial or class conflicts between groups. Often, that means corporations will make concessions benefiting only the privileged group in the hope that they’ll take what they can and leave. According to Grossman, alliances need to plan in advance for the inevitable divide and conquer tactics that are “as old as colonialism.”

“And the response should be: we’re not going to go home until everyone has their demands met,” he said.

Maybe their next meeting at the White House will be with Obama himself. And maybe then, if they decide to walk out, they’ll walk out together.

It’s more than property rights

In 1882, Bob Allpress’ great-grandfather built his homestead on a patch of land south of the Keya Paha River on what was then Lakota land. The land rolls under a wide sky, the hills curving like muscles of the earth.

In 1886, the Lakota signed a treaty with the U.S. government, and were relocated to reservations on the other side of the river. According to family lore, though, Allpress’ family maintained good relations with their Lakota neighbors. His great-uncle and grandfather both spoke fluent Lakota.

One hundred and thirty years later, the Allpresses invited members of the budding Cowboy Indian Alliance, including Faith Spotted Eagle, to their farm. Allpress thought there might be sacred sites somewhere on it; he’d found beads and arrowheads. Spotted Eagle, gazing over the rolling landscape, pointed to the highest ridge and told the others what she knew: that this was a burial site, sacred ground.

The pipeline, Allpress said, would “cut right down the middle of that ridge.”

He looked down at his hands for a moment before continuing. “I keep trying to tell them, but they don’t seem to care. That’s what pissed me off. They don’t care.”

This, of course, is what brings these cowboys and these Indians together: land. For some landowners it’s merely a problem of property rights. For most, though, it goes far deeper, down below the grass and soil to the very roots of their identities as either cowboys or Indians, to a sense that they are irrevocably tied to this land, that if you poison it, that they will be poisoned too.

This is why a concurrent event — to Reject and Protect in Washington — took place in Red Shirt, S.D.: a three-day nonviolent direct action training, preparing participants to physically block TransCanada’s bulldozers. It was part of a series of trainings in Lakota territory called Moccasins on the Ground that have been happening for over a year in anticipation of Obama’s pipeline decision.

“We cannot sit and wait for his decision,” the website says. “We must act now and be ready to protect our sacred water, our lands, our families.” Keystone XL — and industrial projects like it — have truly engendered a unity among indigenous peoples across North America that is unprecedented in any era.

Members of the Cowboy Indian Alliance march through Washington, DC last week. (WNV / Kristin Moe)

Meanwhile, when the tipis were rolled back up and the week-long event came to a close, landowners like Jane Kleeb of Bold Nebraska, weren’t thinking about a vacation. They’ve got plans too.

 

On June 20, TransCanada’s pipeline permit will expire in South Dakota – which means that, along with Nebraska, it will be the second state where regulatory holdups are delaying the pipeline. She’s got a long list of rallies, political campaigns and court cases to organize around. For the moment, Obama’s decision has been delayed until after the November elections. For Kleeb, this is more time to grow the movement. But mostly, she wants to build.

“It takes out a lot of you to be fighting all the time — to be in the ‘warrior stance,’” she said from her car, on her way to a meeting with reporters. According to Kleeb, the focus, post-Keystone — no matter the decision — will be on constructing small clean energy projects, like the Build Our Energy Barn, constructed by volunteers in the path of the pipeline and powered by wind and solar. “Farmers and ranchers and tribes are very self-reliant,” she said, and will want to generate their own energy that doesn’t rely on imported fossil fuels.

Prophesying victory

There is an old Lakota prophecy of a black snake, a creature that would rise from the deep, bringing with it great sorrow and great destruction. For many years, the Lakota people have wondered what the prophecy meant and when it would come to pass.

When they heard news of this pipeline – this tube, immeasurably long, that would pump black oil through the heart of this country — some Lakota people began to wonder if the snake appeared at last.

These cowboys and Indians believe they will win. But what then? Will this alliance fall apart, as others have in the past? If they defeat this black snake, what happens to the other black snakes, in other back yards, to the network of pipelines that are spreading across the land like veins? Will the relationships last?

“No doubt,” said Kleeb. She’s received messages from landowners saying that the week in Washington “touched them to their very core. One of the landowners said that it gave them a deep, emotional respect for their fellow landowners and ranchers but also for the tribes, which they didn’t have before.”

Casey Camp-Horinek said that she’s not privy to the future. “But the people that we are aligning ourselves with,” she said, “I really believe they’re going to help us uphold those treaty rights.”

There is another prophecy that is also spoken of by tribal elders from different nations: the prophecy of the Seventh Generation, which, loosely put, foretells a time when young people would lead an uprising, joining with other peoples to defend land and allow humans to continue living on the earth.

Far from her homeland, in the middle of the National Mall, flanked by monuments to a colonizing nation, Camp-Horinek spoke of the work before her, and for her sons and their children, who are also here. Joining with cowboys, she said, “fulfills not only the prophecy, but it fulfills a sacred duty that we were born with.”

Coal Export Developer Challenges Tribal Claims To Fishing Sites On The Columbia

The Columbia River Intertribal Fish Commission says the white dots in the water are tribal fishing buoys and the wooden stake marks the beginning of the proposed Morrow Pacific coal export project site at the Port of Morrow in Boardman. | credit: Courtesy of CRITFC
The Columbia River Intertribal Fish Commission says the white dots in the water are tribal fishing buoys and the wooden stake marks the beginning of the proposed Morrow Pacific coal export project site at the Port of Morrow in Boardman. | credit: Courtesy of CRITFC

 

By Cassandra Profita, OPB

An Oregon coal export developer is challenging claims that its proposed dock on the Columbia River would interfere with tribal fishing sites.

The Confederated Tribes of The Umatilla Indian Reservation and the Confederated Tribes and Bands of the Yakama Nation have submitted letters and affidavits to the Oregon Department of State Lands indicating they have tribal fishing sites in the area where Morrow Pacific has proposed to build a dock in Boardman, Oregon for coal barges.

The Morrow Pacific project would transport around 9 million tons of coal per year from Wyoming and Montana to Asia. The coal would be delivered by train to the dock site in Boardman, where it would be transferred to barges on the Columbia River. The barges would carry the coal to another dock site downstream near Clatskanie, Oregon where the coal would be transferred onto ocean-going ships.

Morrow Pacific needs a permit from the DSL to build a dock at the Port of Morrow in Boardman. DSL rules say the state can issue the permit as long as the action would not “unreasonably interfere” with preservation of water for navigation, fishing and public recreation.

The company submitted a letter to the state Thursday arguing that its dock will not “unreasonably interfere” with fishing. It also argues that considering fishing impacts from the dock is outside the DSL’s authority for this permit.

Brian Gard, a spokesman for Morrow Pacific, says the company disagrees that tribes have proven their members fish at the dock site. He says the affidavits submitted to the state either misidentify the site geographically or they fail to show that tribal fishing has taken place in the dock location.

“We do not believe they establish tribal fishing or tribal fishing sites at the Port of Morrow industrial Dock 7 site,” Gard said. “Understanding the site context is important here. The proposed dock site is in a heavily industrial area. It’s on port of Morrow property. It’s situated between two other docks. It’s an area designated by the state as an area where docks are to go.”

The company submitted declarations from local community members, the port director and tugboat operators who say they haven’t seen tribal fishing taking place at the dock site. It also consulted a fishery biologist who says the dock area does not support a healthy fishery.

Sara Thompson, spokeswoman for the Columbia River Intertribal Fish Commission, which includes the Umatilla and Yakama, released a photo (above) she says shows a set of tribal fishing buoys in the water next to the proposed Morrow Pacific project site.

“Not only have we been fishing there since time immemorial, but we continue to fish there at the present time,” said Chuck Sams, communications director for the Umatilla tribes. “We have provided affidavits to the Corps of Engineers and Oregon Department of State Lands, and we’ve spoken directly with Ambre Energy and Morrow Pacific explaining that we have fishing sites, usual and accustomed, at their proposed facility.”

In a recent speech, Gov. John Kitzhaber noted the conflicts flagged by the tribes shortly after declaring his opposition to coal exports in the Northwest. The governor said he will do all that he can “under existing Oregon law to ensure that we do not commit ourselves to a coal-dependent future.”

Federal Government Finds Harmful Contaminants In Columbia River Fish

An osprey soars with a fish in its talons. Research by the U.S. Geological Survey says osprey are among the species harmed by contaminants in the lower Columbia River. | credit: Matt Shiffler Photography/Flickr
An osprey soars with a fish in its talons. Research by the U.S. Geological Survey says osprey are among the species harmed by contaminants in the lower Columbia River. | credit: Matt Shiffler Photography/Flickr

 

By Devan Schwartz, OPB

The U.S. Geological Survey has found high levels of toxic substances in the Columbia River everywhere from sediments to resident fish to osprey eggs.

The results of a six-year study of the Columbia River downstream from the Bonneville Dam were announced on Tuesday.

USGS hydrologist Steven Sobieszczyk says the contaminants –- which come largely from household products -– hadn’t been effectively tested for in the past.

“In a lot of cases, there’s not even thresholds set for safe and unsafe because we’ve never looked for them before,” Sobieszczyk said.

Elena Nilsen is a research chemist and team lead at USGS in Portland.

She says largescale sucker, the fish species they studied, show abnormalities including negative sperm health that makes it harder for them to reproduce.

With a study involving 13 principal investigators over those years, Nilsen points to confirmed links between household products and effects in the ecosystem of the Columbia River.

“A lot of these things come through the pathways of the wastewater treatment plant into the river – but the ultimate source was usually us,” Nilsen said.

Sara Thompson is public information officer for Columbia River Inter-Tribal Fish Commission. Although regional tribes don’t rely on largescale sucker as they do on salmon and steelhead as subsistence fisheries, she says the new USGS study raises larger water quality concerns.

“Water quality often goes overlooked and ignored because it’s not tangible. You can’t see it,” Thompson said. “We can see fish populations decrease in the Columbia River system and the Willamette System but we can’t see these toxics. We have to make water quality standards a priority in Washington, Oregon and Idaho.”

If resident sucker fish are consumed regularly, health risks, including cancer, could increase.

Nilsen says immigrant communities may be most affected; they eat largescale sucker fish more than other groups because the fish can be caught locally and provide a reliable food source.

The USGS study measured toxics in river sediments, aquatic insects, sucker, and then osprey eggs.

Nilsen says the findings show bioaccumulation -– in which higher levels of toxins were found the higher up the food chain you looked.

In addition, contaminant levels were higher the further downstream the government scientists looked, as the human impacts accumulated.

The three sites studied were near Columbia City, Ore. and Skamania and Longview on the Washington side of the lower Columbia River.

Nilsen says the toxic sources observed are often as innocuous as furniture, non-biodegradable cleaning products and even home electronics. Through consumption and cleaning those toxins can make their way into regional waterways.

“It’s made me just try to be more mindful of the effects that I in my own home can have –- and thinking about everything we’re putting down the drains,” Nilsen said.

USGS has provided this data to health authorities in Oregon and Washington, which are responsible for issuing consumption advisories.

The two states issued related advisories regarding resident fish below the Bonneville Dam last fall.

VIDEO produced by the USGS to explain its research into contamination in the Columbia River:

 

Fire Safety-NBSM Week 1

 

week-1By Monica Brown, Tulalip News Writer

Tulalip, WA – May is National Building Safety Month (NBSM) as proclaimed by President Barack Obama in 2013, as a way to “encourage citizens, government agencies, businesses, nonprofits, and other interested groups to join in activities that raise awareness about building safety.”  For NBSM, the month of May is broken down into four weeks and the focus put on a new subject for each week, fire safety, disaster safety, backyard safety and green and sustainable building.

The Tulalip Tribes Community Development department is participating in NBSM and would like to make Tulalip residents aware of the hazards in and around the home as well as tips for prevention and safety. Community Development is providing pamphlet information that can be picked up at the Tulalip administration building for the entire month of May, see below for contact information.

The first week of NBSM is designated for fire safety in and around the home, Keeping Fire in its Place. According to the U.S. Fire Administration, each year throughout the U.S., 17,500 people are injured in fires and over 3,400 Americans perish in fires with about 1/3 of those victims being Senior citizens. A few things to consider during fire safety week are to check your smoke alarms, establish an evacuation plan, and purchase a fire extinguisher. It’s also a good time teaching children about fire safety. Annually, children of all ages set over 35,000 fires (U.S. Fire Administration statistic).

Fire Extinguisher information: There are multiple types of extinguishers used for specific flammable materials and what works for one may not work for another. In case of a fire, please do not rely solely on a extinguishing it yourself; call the fire department as soon as you notice the fire and make sure you can get to safety before trying to extinguish it on your own.

·         Class A extinguishers put out fires in ordinary combustible materials such as cloth, wood, rubber, paper, and many plastics.

·         Class B extinguishers are used on fires involving flammable liquids, such as grease, gasoline, oil, and oil-based paints.

·         Class C extinguishers are suitable for use on fires involving appliances, tools, or other equipment that is electrically energized or plugged in.

·         Class D extinguishers are designed for use on flammable metals and are often specific for the type of metal in question. These are typically found only in factories working with these metals.

·         Class K fire extinguishers are intended for use on fires that involve vegetable oils, animal oils, or fats in cooking appliances. These extinguishers are generally found in commercial kitchens, such as those found in restaurants, cafeterias, and caterers. Class K extinguishers are now finding their way into the residential market for use in the kitchen.

·         Multi-purpose fire extinguishers are also made that combine uses such as class “B-C” or “A-B-C” and can be used on two or more of the above type fires.

Some fire districts in Snohomish County offer free smoke alarm installations and fire extinguisher training. Please contact your fire district to schedule a home smoke alarm installation or fire extinguisher training.

Nearby local fire departments:

Tulalip Bay Fire Department Snohomish Co. Fire District 15, 7812 Water Works Rd Tulalip, WA 98271-9631, 360-659-2416

Marysville Fire District, 1094 Cedar Avenue Marysville, WA 98270, 360-363-8500

For pamphlet information about NBSM contact, Orlando Raez, Tulalip Tribes Community Development, 360-716-4214.

 

10 Important tips to remember for fire safety and awareness

Put a smoke alarm on every level of your home and outside each sleeping area. Put a smoke alarm inside every bedroom.

Make sure your smoke alarms work. Test your smoke alarms. Push the test button. You will hear a loud noise. If you don’t hear the noise, you need a new battery or a new alarm.

Make sure the smoke alarm always has a good battery. Put a new battery in the alarm every year.

Smoke alarms with long-life batteries will work for up to 10 years. You do not change the battery.

Smoke alarms do not last forever. Get new smoke alarms every 10 years.

Tell your family what to do if they hear the smoke alarm. Make an escape plan so everyone knows how to get out fast. Pick a meeting place outside the home where everyone will meet. Some children and older adults cannot hear the smoke alarm when they are sleeping. Make a plan for how to wake them up. Practice your escape plan with everyone in your family two times each year.

Install home fire sprinklers in your home. Home fire sprinklers and working smoke alarms greatly increase your chance of surviving a fire. Sprinklers are affordable and they can increase your property value and lower your insurance rates.

Portable heaters need their space. Keep anything that can burn at least three feet away.

If you live in an area where homes are located in or close to forests or vegetation areas, you should think about the following safety tips.

Install 1/8 inch or smaller mesh screening that cannot burn on attic/soffit vents and around wood decks to keep out embers. Install spark arrestors on fire place chimneys or wood stove vents.

Keep all items that can burn away from your home. Clean leaves from your gutters. Clear dead leaves and branches from shrubs and trees.

Tribes and First Nations Unite to Halt B.C. Mine That Threatens Salmon Habitat

Tongass Conservation SocietyThe headwaters of the Unuk River, where a company called KSM wants to build a humongous open-pit mine for cold, copper and other metals.
Tongass Conservation Society
The headwaters of the Unuk River, where a company called KSM wants to build a humongous open-pit mine for cold, copper and other metals.

 

Paula Dobbyn, ICTMN

 

It has become an all-too-familiar story: Pristine waters. Salmon habitat. Sacred significance. Mining.

The Unuk River watershed, straddling the border between British Columbia and Alaska, is on track to become ground zero in a struggle to stop the world’s largest open-pit mine, Kerr-Sulphurets-Mitchell (KSM). The fight against it is uniting First Nations and Alaska Natives as they battle to preserve stewardship of the pristine region. And it is just one of five massive projects proposed for the region.

If KSM secures the financing and the regulatory go-ahead, the giant mine would turn 6,500 acres of pristine land into an industrial zone that would generate more than 10 billion pounds of copper and 38 million ounces of gold, according to a project summary. As with any large mine, it would employ a hefty workforce—in this case mostly Canadians—and create taxes and royalty payments for Canada. But it would also produce a slew of waste. And that’s what critics say downstream Alaska communities stand to take on: none of the economic benefits but much of the environmental risk.

With its remote headwaters in British Columbia, the Unuk River is one of the world’s most prolific salmon waters. An international river, the Unuk flows into neighboring Southeast Alaska and its temperate rainforest, the 17-million-acre Tongass National Forest, a place of towering coastal mountains, tidewater glaciers and fog-shrouded islands. The Unuk empties into Misty Fjords National Monument, an attraction for cruise ship passengers viewing glaciers, bears and whales that dot Alaska’s Inside Passage. The Unuk, known as Joonáx̱ in Tlingit, supports large runs of king salmon, a cultural icon prized by commercial, sport and subsistence fishermen alike.

“The consequences for salmon runs on both sides of the border could be devastating, yet Alaskans would see none of the economic benefit,” wrote National Geographic Explorer-in-Residence Michael Fay in a 2011 letter to British Columbia Premier Christy Clark, signed by nearly 40 other scientists.

Seabridge Gold, the mine developer, expects KSM to generate more than two billion tons of acidic waste rock called tailings, a byproduct of the mining process than can be lethal to fish. The tailings would be held behind two huge dams—each taller than the Hoover dam—built in the headwaters of the Nass River, one of British Columbia’s most important salmon rivers.

Because KSM is located in sensitive fish habitat, it has raised the ire of Southeast Alaska tribes, fishermen and some Canadian First Nations. They joined forces in early April, forming a cross-border working group to develop a unified strategy to protect their interests.

It’s not just KSM that worries them. KSM is one of more than a dozen mines planned for northern B.C., including five located in salmon-bearing watersheds that arise in Canada and drain into Alaska. The British Columbia government is encouraging the mines’ development, offering tax breaks and relaxed environmental rules. Also spurring development is the construction of a new power line extending electricity into the northwest corner of the province, bordering Alaska. The transboundary projects include Red Chris, Schaft Creek, Galore Creek and Tulsequah Chief. The international rivers they could affect are the Taku, Stikine and Unuk, some of Southeast Alaska’s top salmon rivers.

“These projects could not be in a worse location. Salmon is our traditional food. If anything happens to them, we would be in a world of hurt,” said Ketchikan fisherman and tribal leader Rob Sanderson Jr.

Fishing, seafood processing and tourism are key economic drivers in Southeast Alaska. The seafood industry produced $641 million worth of fish in 2011, which created 17,500 jobs and $468 million in wages. A million visitors tour the area every year, spending about copy billion.

Tribes have passed numerous resolutions of concern about how KSM and the other transboundary mines could potentially contaminate the region, including their traditional fishing grounds. Recently a delegation of tribal leaders and fishermen flew to Washington, D.C.  to lobby for State Department intervention. They delivered a letter signed by 40 businesses, groups and individuals asking for help.

Alaska’s congressional delegation got the message. Shortly after the Alaskans flew home, Senators Lisa Murkowski and Mark Begich, along with Congressman Don Young, contacted the office of Secretary of State John Kerry by letter asking him to get involved to protect Alaska’s interests. Because the mines are located in Canada, Alaska tribes feel they have less influence over the outcome than if they were on U.S. soil.

“It’s happening in a foreign country. We don’t have a lot of control over it,” said Sanderson. “They don’t even have to consult with Alaska tribes.”

The U.S. Environmental Protect Agency has raised issues regarding the KSM project, mirroring the tribes’ concerns. The U.S Interior Department has urged Seabridge Gold to consult with Alaska tribes regarding fishing and clean water.

Recently Seabridge sent its vice president for environmental affairs to Alaska to participate in a tribal meeting on Prince of Wales Island near Ketchikan regarding KSM. Seabridge’s Brent Murphy told the Juneau Empire that “the overwhelming design philosophy for the KSM project is the protection of downstream environments and that is ensuring protection also for Alaskans.”

On its website, Seabridge notes that KSM has undergone extensive review by environmental and technical experts over the past five years to see that salmon and other wild resources are protected.

But Seabridge’s assurances have done little to allay skepticism on the U.S. side. Since the meeting on Prince of Wales in late March, the newly elected president of Alaska’s largest tribe, the Juneau-based Central Council of the Tlingit and Haida Indian Tribes of Alaska, has elevated the matter.

“This is a direct threat to the lifestyle and culture of our tribes’ 29,000-plus members,” said Richard Peterson, tribal president.

At Peterson’s urging, the Central Council adopted a resolution giving Southeast Alaska’s 19 federally recognized tribes the green light to work with First Nations to try to slow the development of the transboundary mines.

“We need a collective call to arms,” said Peterson.

Not all B.C. First Nations oppose the KSM mine or the other transboundary projects. The Gitxsan and Nisga’a Nations support the mine’s development. But others, including the Gitanyow Hereditary Chiefs, who live downstream from where the KSM waste facility would be located, are opposed.

“Nass River fish are critical for the food security of the Gitanyow,” said Kevin Koch, a fish and wildlife biologist with Gitanyow Fisheries Authority. “KSM poses a major threat to the Gitanyow way of life.”

Koch noted that the Gitanyow have constitutionally protected aboriginal rights to fish in the Nass. Seabridge maintains that any ill effects from mine waste on Nass River salmon would be minimal.

Peterson is unconvinced.

“I think John Kerry should be sitting in my office talking to me right now,” he said. “We need face-to-face consultation on this. We’re a sovereign nation.”

 

Read more at http://indiancountrytodaymedianetwork.com/2014/05/02/tribes-and-first-nations-unite-halt-bc-mine-threatens-salmon-habitat-154681?page=0%2C1