Drought Starting To Kill Salmon In Klamath Basin

Low warm water conditions from the drought are starting to kill salmon in the Klamath Basin. | credit: U.S. Fish and Wildlife Service/Flickr
Low warm water conditions from the drought are starting to kill salmon in the Klamath Basin. | credit: U.S. Fish and Wildlife Service/Flickr

By: Associated Press

 

Low warm water conditions from the drought are starting to kill salmon in northern California and southern Oregon’s Klamath Basin — the site of a massive fish kill in 2002.

Sara Borok of the California Department of Fish and Wildlife said a survey of the Salmon River on Wednesday found 55 dead adult salmon and more dead juveniles than would be expected this time of year. The reason is low and warm water related to the drought.

Fisheries officials do not want see a repeat of 2002, but there is little to do but pray for rain. Even in the Klamath River, which has dams to store water, there is little available for extra releases.

The Salmon River is a tributary of the Klamath River.

Class III compact for Swinomish Tribe lowers legal age to 18

WEDNESDAY, JULY 23, 2014

The Swinomish Casino & Lodge in Anacortes, Washington. Photo from Google+
The Swinomish Casino & Lodge in Anacortes, Washington. Photo from Google+

The Bureau of Indian Affairs has approved an amendment to the Class III gaming compact for the Swinomish Tribe of Washington.

 

The amendment lowers the gambling age at the Swinomish Casino & Lodge. Patrons between 18 and 20 will now be able to play Class III games at the facility.

 

“This proposed amendment modernizes the compact by clarifying that patrons between 18 and 20 years of age may participate in gambling activities so long as they do not purchase or consume alcohol on the premises,” the Washington State Gambling Commission said in a press release earlier this year. “The amendment language is consistent with several other tribes’ gaming compacts.

 

A notice of the approval was published in today’s issue of the Federal Register.

 

Federal Register Notice:
Indian Gaming (July 23, 2014)

Walgreens opens in downtown Marysville

From left, Marysville Walgreens Pharmacy Manager Michelle Akigami, Will Ibershof, Tulalip Boys & Girls Club Unit Director Chuck Thacker, state Sen. John McCoy, Marysville Walgreens Store Manager Alan Powell, Marysville Mayor Jon Nehring, City Council member Donna Wright and Marysville Historical Society President Ken Cage take part in the Marysville Walgreens ribbon-cutting.— image credit: Kirk Boxleitner
From left, Marysville Walgreens Pharmacy Manager Michelle Akigami, Will Ibershof, Tulalip Boys & Girls Club Unit Director Chuck Thacker, state Sen. John McCoy, Marysville Walgreens Store Manager Alan Powell, Marysville Mayor Jon Nehring, City Council member Donna Wright and Marysville Historical Society President Ken Cage take part in the Marysville Walgreens ribbon-cutting.
— image credit: Kirk Boxleitner

By Kirk Boxleitner, Marysville Globe
MARYSVILLE — Walgreens opened its Marysville branch at 404 State Ave. with fanfare and charitable contributions to the community July 18.

Marysville Mayor Jon Nehring touted the store’s opening as contributing to the city’s plans for downtown revitalization.

“They’ve already improved this street corner,” Nehring said. “I’m really excited by what the future will bring.”

“The Mayor has already pleaded with me to add a yogurt shop, so I have my marching orders,” Walgreens District Manager Bruce Philip laughed. “Our managers have put together a fabulous group of store employees, who are talented and committed and enjoy taking care of their customers.”

Philip deemed his donations of $250 each, to the Marysville Historical Society and the Tulalip Boys & Girls Club, as evidence of Walgreens long-term commitment to its new community.

“We intend to maintain and even grow these contributions over time,” Philip said. “Our staff lives in this community, so we care what happens here.”

State Sen. John McCoy and Chuck Thacker, unit director of the Tulalip Boys & Girls Club, accepted Walgreens’ oversized check to their club, which McCoy had helped institute 18 years ago.

“It was only the seventh Boys & Girls Club on a Native American reservation,” Thacker said.

“Our kids are our future leaders, so we need to take care of them,” McCoy said.

 

Want to support clean energy? Fight for voting rights

Nikki Burch
Nikki Burch

 

By Brentin Mock and Jacqueline Patterson, Grist

 

As Jelani Cobb wrote recently in The New Yorker: “The past year has offered an odd object lesson in historical redundancy. The 50th anniversaries of major points in the civil-rights movement tick by at the same time that Supreme Court decisions and political maneuvering in state legislatures offer reminders of what, exactly, the movement fought against.”

The most recognizable example of what Cobb is referring to is the U.S. Supreme Court’s 2013 Shelby v. Holder decision, which severely weakened the heralded Voting Rights Act just weeks before we recognized the 50th anniversary of the historic March on Washington that made the civil rights law possible. Earlier this month, we recognized the 50th of the Civil Rights Act, and next year will mark the half-century mark of the Voting Rights Act itself. And yet equal protection for people of color seems to be moving backwards.

Why should this matter to the average white (green) American? Well, for many reasons. But one of them is this: In our ever-browning America, empowering black and brown voters is absolutely necessary to make the transition to clean energy.

Consider that only 51 percent of American voters “strongly” prefer clean energy investments, according to a recent Sierra Club survey, but preference is significantly higher among African-American voters (77 percent) and Latino voters (71 percent). A Yale study found that African Americans and Latinos are more likely than whites to require electric utilities to produce at least 20 percent — a modest sum — of energy load from wind or solar, even if that would increase electric bills.

And yet it’s white men who exercise most of the power over the current coal-based economy – via their places on corporate boards, their positions in politics, and, on the local and state level, where they make up the bulk of public utility and service commissioners. The utility commissioners (who are usually elected or appointed) regulate the corporate-owned utility industries, determine electricity costs and, in some cases, decide where power plants can be built.

These utility commissioners will play a critical role in hammering out the details of the Environmental Protection Agency’s recently announced regulations for coal-fired power plants. Yet, many of them do not look like the residents that the utilities serve. According to a study from the Minority and Media Telecom Council, 33 state public utility commissions (64.7 percent) do not have a single minority member — that includes Louisiana, Alabama, Mississippi, Georgia, and South Carolina, the states with the highest concentration of black residents.

We also see this whiteout at the federal level, where the number of people of color serving in the U.S. House and Senate energy committees are but a handful.

You can chalk this lack of diversity up to the kind of patronage and cronyism that has preserved these powerful roles for white men —  a function of white supremacy. You can also credit voter suppression and intimidation, which happen even in local utility district elections. In fact, such shenanigans are harder to detect in these smaller races that don’t draw the same kind of media spotlight as a gubernatorial or presidential race. In the 1980s and 1990s, when African Americans built multiracial coalitions to diversify local utility boards and electricity co-ops throughout the South, white officials secretly changed election rules to disqualify their votes (read more on this here).

Other examples:

● In 2000, the Department of Justice filed a voting rights complaint against the Upper San Gabriel Valley Municipal Water District in Los Angeles County, Calif., for redrawing district lines so that the Latino voting populations would be diluted across the district.

● In 2008, Texas proposed to change its qualification requirements for candidates running for water supply district supervisor so that only landowners would be eligible, which ruled out a number of Latino Americans seeking candidacy and some who were already supervisors.

● Also in 2008, the North Austin Municipal Utility District v. Holder case, which the U.S. Supreme Court almost used to dismantle the Voting Rights Act, involved elections for positions that control utility, land, and water resources.

These cases show how racial disenfranchisement drains power, energy, and resources from people of color, which is why Voting Rights Act protections are so essential.

People are taking action despite these problems. Latino Americans are campaigning to defeat a proposal from the Public Service Company of New Mexico, which wants to build more coal and nuclear energy stations. In Arizona, Latinos are campaigning to encourage the Salt River Project public utility board to increase solar and wind energy generation. In South Carolina, Rev. Leo Woodberry is leading an environmental justice effort to work on the state’s implementation plans for the new power plant regulations, with an emphasis on making sure electricity rates remain affordable and accessible for low-income customers.

Understand, it’s not only that we need more black and brown utility commissioners. But voters need to ensure that commissioners of any race represent their clean energy values. Last year in Georgia, a multi-racial band of clean energy advocates teamed with the not-so-colorful Tea Party to force Georgia Power Company to increase solar-based energy production. The coalition did this by appealing to the Georgia Public Service Commission. There has been only one African American and one woman who’ve served on Georgia’s Public Service Commission in its 133 years, both of them elected in the 21st century.

These are laudable campaigns, but ultimately it will require African-American, Native-American, and Latino American voters being able to vote fairly and freely — and also to be able to serve on these boards — to ensure that those paying the highest costs for our fossil fuel addiction have a voice in securing a clean energy future. For all Americans who want the same for their future, the way to act is to support strengthening voting rights protections across the nation.

Brentin Mock is Grist’s justice editor. Follow him on Twitter at @brentinmock.

Cherokee Language Evolving: Syllabary Now Available in Braille

Cherokee NationImage of Cherokee in Braille, which is now available from the Commonwealth Braille and Talking Book Cooperative.
Cherokee Nation
Image of Cherokee in Braille, which is now available from the Commonwealth Braille and Talking Book Cooperative.
By: Cherokee Nation; Source: Indian Country Today

 

The Cherokee Nation now has its written language, the Cherokee syllabary, available in Braille.

“All Cherokees, regardless of any physical impairment, should be able to read and understand documents and signage in their native language,” said Cherokee Nation Principal Chief Bill John Baker. “Our language programs keep evolving to meet every Cherokee’s needs, whether they are an elder, a young person or someone who is visually or otherwise impaired.”

The tribe’s fluent Cherokee speakers in the Cherokee Language Program partnered with the Commonwealth Braille and Talking Book Cooperative earlier this year to develop a Cherokee version of Braille. Dot patterns were derived from the 86-character Cherokee syllabary.

“It’s exciting that our Cherokee citizens who are visually impaired can now read stories in their first language,” said Roy Boney, language program manager. “We provided copies of our Cherokee syllabary, sample text and other items to be able to make Braille in Cherokee a reality. We want to stay in the forefront by offering the Cherokee language on as many written tools as possible to preserve and protect our native tongue.”

The Cherokee writing system has been in use since its invention by Sequoyah in 1821. Every major technology since then, ranging from the printing press, typewriter and word processor to fonts on the latest computers and smart phones, has adopted Cherokee.

The tribe has translated Cherokee for Apple, Microsoft and Google products.

RELATED: Google it in Cherokee

RELATED: Cherokee Language Now Available on Windows 8

Cherokee was initially encoded into Unicode, the international standards body that governs how all written languages are used on computer operating systems, in 2000. With the large volume of languages in the Unicode system, however, it wasn’t until now that Cherokee Braille was made compatible with the Braille system.

Now that Cherokee Braille is available, the raised, physical tactile print can be made using special printers.

The Commonwealth Braille and Talking Book Cooperative also developed a program that will convert typed Cherokee syllabary into print-ready Braille so that existing Cherokee documents can easily be converted into tactile books for the blind and visually impaired.

For more information about Cherokee Braille, visit the CBTBC’s website.

 

Read more at http://indiancountrytodaymedianetwork.com/2014/07/27/cherokee-language-evolving-syllabary-now-available-braille-155985

Seattle Oil-Train Derailment Hits Close to Home for Quinault

Courtesy Dana Robinson Slote Seattle City Council via radio station KPLUNo one was hurt—this time. The first oil train derailment in Washington State happened under the Magnolia Bridge.
Courtesy Dana Robinson Slote Seattle City Council via radio station KPLU
No one was hurt—this time. The first oil train derailment in Washington State happened under the Magnolia Bridge.

 

Indian Country Today, 7/25/14

 

Spills. Explosions. Deaths. Injuries.

The oil train that jumped the tracks outside Seattle the other day did not do any of those things, but it still highlighted concerns about rail transport of crude, especially highly flammable oil sands bitumen.

The 100-car train operated by Burlington Northern Railroad, filled with crude from the Bakken oil fields, was pulling out of the Interbay rail yard going five miles per hour when one locomotive, a buffer car carrying sand, and three tanker cars derailed at about 2 a.m. on July 24, the Associated Press reported. Two of the tankers tilted, one to a 45-degree angle, a railway spokesman told AP. That one had to be pumped out and hauled off for repairs.

As with the other half-dozen or so industrial-train derailments over the past year—starting with the runaway train that vaporized the center of 6,000-population Lac Mégantic in Quebec, Canada, along with 47 people last summer—the Quinault Indian Nation was on hand to warn about the perils of this type of transport.

RELATED: Exploded Quebec Oil Train Was Bringing Crude From North Dakota’s Bakken to New Brunswick Refineries

“It was sheer luck that the cars, carrying 100 loads of Bakken crude oil, didn’t spill or even catch fire,” Quinault Indian Nation President Fawn Sharp said in a statement. “If that had occurred the chances are there would have been tragic loss. If fire had occurred, the odds are it would have burned out of control for days, and oil would have made its way into Puget Sound. People need to know that every time an oil train travels by, this is the risk that is being taken.”

Tribes are not alone in their unease. Local officials also expressed consternation.

“I’m very concerned that large volatile oil trains pose significant risk for derailment, fire, explosion, loss of property and life,” King County Executive Dow Constantine told MyNorthwest.com. “We need to have a conversation about what is appropriate to ship through these heavily populated areas and what kind of notice people deserve that these shipments are taking place.”

The Quinault and other groups fiercely oppose proposals for oil train export terminals at Vancouver and Grays Harbor.

RELATED: Lynchburg Oil Train Explosion Refuels Rail-Terminal Opposition in Northwest

The May 2014 derailment of a grain train in Grays Harbor County did nothing to inspire confidence, either.

RELATED: Grain Car Derailment Could Have Been Oil: Quinault Raise Alarm Again

“These accidents have occurred before,” said Sharp, who is also president of the Affiliated Tribes of Northwest Indians and area vice president of the National Congress of American Indians, after the Seattle derailment. “They will occur again. Even with the new safety measures proposed by President [Barack] Obama and Governor [Jay] Inslee, the accidents will occur. The rail and bridge infrastructure in this country is far too inadequate to service the vast expansion of oil traffic we are witnessing.”

The railroad company’s assertion that there had been no public threat because no oil had escaped also came under scrutiny.

“I have to disagree with the statement that there was no public threat,” said Sharp in the Quinault statement. “There was. In fact, there is a public threat every time an oil train passes by. There have been too many accidents, too many derailments, too many fires and too many spills.”

 

Read more at http://indiancountrytodaymedianetwork.com/2014/07/25/seattle-oil-train-derailment-hits-close-home-quinault-156061

Teens Murder for Fun; Smash Heads of Homeless Men with Cinder Blocks

Courtesy Albuquerque Police DepartmentAlex Rios, 18, Nathaniel Carillo, 16, and Gilbert Tafoya, 15, are suspects in the brutal deaths of two homeless Navajo men in Albuquerque on July 21.
Courtesy Albuquerque Police Department
Alex Rios, 18, Nathaniel Carillo, 16, and Gilbert Tafoya, 15, are suspects in the brutal deaths of two homeless Navajo men in Albuquerque on July 21.

 

Alysa Landry, 7/24/14, Indian Country Today

 

Navajo President Ben Shelly is calling for answers in the gruesome murders of two homeless Navajo men last weekend in Albuquerque.

The victims, whose names have not yet been released, were beaten so brutally with a cinder block and other objects that they were unrecognizable. Their bodies, one lying on a mattress and one on the ground, were found Saturday morning in an open field in northwest Albuquerque.

Three teenagers, Alex Rios, 18, Nathaniel Carrillo, 16, and Gilbert Tafoya, 15, are each being charged with two open counts of murder, tampering with evidence, three counts of aggravated battery with a deadly weapon and robbery. The teens likely will be tried as adults and all could face life in prison.

During their first appearance in court Monday, bail was set at $5 million for each of them. But even with suspects behind bars, New Mexico’s largest city and the neighboring Navajo Nation are still reeling from the attack.

President Shelly has requested a meeting with Albuquerque Mayor Richard Berry, during which he hopes to discuss ways to assist the city’s homeless population. The teens charged in the murders claimed to have attacked as many as 50 other homeless people during the past year, according to court records.

“Innocent men do not deserve to be murdered in their sleep,” Shelly said in a press release. “It’s beyond senseless that these teens would attack homeless people in this manner.”

The Albuquerque Police Department, which is under federal Justice Department scrutiny because of its high number of officer-related shootings – including a March incident during which an officer shot and killed a homeless Native man – was appalled by the violence of the recent attack, spokesman Simon Drobik said.

RELATED: What the Hell Is Wrong With Albuquerque Cops?

RELATED: Recent Police Shootings in Albuquerque Draw Federal Investigation

“My stomach turns when I think about it,” he said. “When all you know is that two people are dead and juveniles are in custody, it’s hard to wrap your brain around it. It was such a heinous crime and the nature of violence was so traumatic.”

The teens told police that they went out after a party looking for “someone to beat up,” according to the criminal complaint. Tafoya reportedly was upset because he recently broke up with a longtime girlfriend.

They tied black T-shirts around their faces in an attempt to conceal their identities then walked to a field near two of the teens’ homes, where they found three subjects sleeping on mattresses. One of the victims managed to run away, but the teens repeatedly beat the other two men with their hands and feet, as well as cinder blocks, wooden sticks and a metal fence post.

According to Tafoya’s statement to police, the teens “took turns picking cinder blocks over their heads and smashing them into the male subjects’ faces.” Tafoya admitted to using the cinder block as a weapon more than 10 times.

Drobik called the case “specifically brutal” because it involves two vulnerable populations: teenagers and homeless.

“Kids are killing transients,” he said. “My initial response was: who failed these kids? How did they get to this point in life where they thought this was an acceptable thing to do? It’s heartbreaking for everyone involved.”

The victims’ bodies were transported to the New Mexico Office of the Medical Investigator. A spokeswoman for that office confirmed the men were Native, but declined to release their names. It could take up to 90 days for autopsy reports to be complete, she said.

 

Bedding, clothing and broken glass litter a homeless encampment in Albuquerque, Monday, July 21, 2014, where three teenagers are accused of fatally beating two homeless Navajo men. (Jeri Clausing/AP Photo)
Bedding, clothing and broken glass litter a homeless encampment in Albuquerque, Monday, July 21, 2014, where three teenagers are accused of fatally beating two homeless Navajo men. (Jeri Clausing/AP Photo)

 

 

Read more at http://indiancountrytodaymedianetwork.com/2014/07/24/kids-are-killing-transients-brutal-murder-teens-two-navajo-men-156034

Tester Examines Indian Gaming 25 Years After the Indian Gamiing Regulatory Act

Source: United States Senate Committee on Indian Affairs

 

U.S. SENATE – Nearly 25 years following the passage of the Indian Gaming Regulatory Act (IGRA), Senate Committee on Indian Affairs Chairman Jon Tester (D-Mont.) held a hearing today to examine the current state of tribal gaming.   Congress passed IGRA in 1988 to regulate gaming on Indian lands.
 
“Indian gaming has come a long way in the 25 years since IGRA was enacted,” Tester said.   “While gaming is not a cure-all for the challenges facing Indian Country, it has provided numerous benefits to the communities who operate successful facilities.  We need to make sure all tribal nations can determine the best possible future for their people, whether that’s gaming or not.”
 
Indian gaming is conducted in 28 states by 43 percent of the 566 federally recognized tribes.   Tribal governments employ nearly 6,000 gaming regulators and States employ approximately 570 regulators.  At the federal level, the National Indian Gaming Commission employs more than 100 regulators and related staff members.
 
Kevin Washburn, Assistant Secretary Indian Affairs, at the Department of the Interior, assessed the current state of Indian gaming. “We frequently face a misperception that tribes are acquiring land and opening gaming facilities at a fast pace. The growth numbers alone belie this argument. Of the over 1,700 successful trust acquisitions processed since the beginning of the Obama administration in 2009, fewer than 15 were for gaming purposes and even fewer were for off-reservation gaming purposes.” 
 
Michell Hicks, Principal Chief of the Eastern Band of Cherokee Indians spoke of the transformation his tribe experienced due to successful gaming operations.  “The Cherokee Preservation Foundation, funded by gaming revenues to create new businesses and initiatives, has contributed a leveraged impact of about $99 million for additional social improvements, environmental enhancements, workforce development, and cultural preservation in the region.  With gaming dollars, the tribe spent $5 million on a downtown revitalization project, $13 million on affordable housing, and $20 million on a new justice center.” 
 
National Indian Gaming Association Chairman Ernest Stevens said, “Nationwide, Indian gaming is a proven job creator.  Indian gaming delivered over 665,000 direct and indirect American jobs in 2013 alone. Indian gaming has provided many Native Americans with their first opportunity at work at home on the reservation.  Just as importantly, jobs on the reservation generated by Indian gaming are bringing back entire families that had moved away.”
 
A. T. Stafne, Chairman of Assiniboine and Sioux Tribes of Fort Peck, noted that despite the success of many gaming operations, gaming has not been the economic solution for all tribes.  “Despite the success of some tribes, Indian gaming has provided little benefit to many tribes. Geographical location is a barrier for economic development of any kind, and certainly Indian gaming is not immune from geographical limitations.”
 
Senator Tester reiterated his commitment to tribal sovereignty and self-governance and noted that Indian gaming has made a substantial difference for many tribes.  He is monitoring ongoing research on the state of Indian gaming from the Government Accountability Office.
 
Background
 
The Indian Gaming Regulatory Act (IGRA) was enacted in 1988 to provide a statutory basis for the regulation of gaming on Indian lands.  The Act established the following three classes of gaming:
 
• Class I gaming consists of social gaming solely for nominal prizes or traditional gaming played in connection with tribal ceremonies or celebrations and is regulated solely by tribes and not subject to IGRA.
 
• Class II gaming includes bingo, pull-tabs, punch boards, and certain card games and is regulated by the tribes and the Commission.
 
• Class III gaming includes all other forms of gaming, including casino games and slot machines, and although both Interior and the Commission play a role in overseeing certain aspects of Class III gaming, it is regulated by the tribes and the states pursuant to compacts.

U.S. Senators Urged to Act on Bill to Preserve Future of Indian Gaming in Arizona

 

H.R. 1410 will uphold current compacts, the will of the voters and tribal commitments 

Source: Casino Arizona/Talking Stick

 

PHOENIX.—July 23, 2014— Congress has the power to intervene in a growing national practice and problem of ‘off-reservation gaming,’ or ‘reservation-shopping.’ The topic was at the heart of an oversight hearing before the U.S. Senate Committee on Indian Affairs today, titled, “Indian Gaming: The Next 25 Years,” and included discussion of H.R. 1410—the bi-partisan bill to solve the problem faced by the city of Glendale in Arizona, that will protect the integrity of Indian Gaming in the state, but would also be a beacon to cities and towns across the U.S. that find themselves in similar circumstances.

A prelude to a vote on H.R. 1410 by the U.S. Senate, today’s hearing included testimony from Salt River Pima-Maricopa Indian Community (SRPMIC) President, Diane Enos and City of Glendale Mayor Jerry Weiers, excerpts from their testimony follow, full transcripts can be found at www.indian.senate.gov.  

SRPMIC President, Diane Enos opened her remarks, by saying, “For over 20 years Arizona Indian Gaming has been stable, predictable, and successful.  However, sadly, its future in Arizona does not look good.  It is threatened by the actions of one tribe.  H.R. 1410, the “Keep the Promise Act,” which is pending before the Committee, will help protect Indian gaming in Arizona.  We respectfully urge the Committee to pass it.”

SRPMIC President explained to the Senators that private non-Indian gaming companies were always hovering over Arizona looking for an opportunity, a loophole, to overthrow Indian Gaming exclusivity, but that today, that exclusivity, and the current Indian Gaming compacts were jeopardized from within, by the Tohono O’odham Nation:  

“This plan by the Tohono O’odham of building an additional casino in the Phoenix-metro area directly violates promises that they made, that other Arizona tribes made, and that the Governor of Arizona made to citizens who approved our compacts in November 2002,” stated Enos.  In 2002, then-Governor Jane D. Hull announced that the compacts she and 17 tribes had negotiated for two and a half years  – if approved by the voters – would ensure  there would be “no additional casinos allowed in the Phoenix metropolitan area”.  This promise of “no additional casinos in the Phoenix-metro area” was made by Tribes and the Governor over and over to the voters, Enos said, “because we believed it.”

City of Glendale Mayor Jerry Weiers addressed the powerlessness of local government in this situation, saying, “Our choice was not ideal: continue to fight and hope for action from this body, or give in to this casino being forced on us.  It is frustrating to be a city of our size and have no voice on a casino proposed by a tribal government more than a hundred miles away.”

Weiers also spoke up about what this means for other cities, “Our sister cities know that unless Congress acts, they may be next.  There are over 200 other county islands in the Phoenix metropolitan area.  And the Tohono O’odham Nation attorneys have said the Tribe has the right to close its existing three casinos and open them on these county islands.  We are a test case, but it is the start of a very slippery slope.  If Congress does not act, the entire Phoenix area should be prepared for more off-reservation casinos.”

Proponents fight for change so Alaska Natives covered by VAWA

Complicated history excludes Alaska Native women from Violence Against Women Act

Ishmael Hope, left, and other Alaska Native representatives at the 2013 Choose Respect rally in Juneau, Alaska, asking legislators to address issues with the Violence Against Women Act.Heather Bryant/KTOO Public Media
Ishmael Hope, left, and other Alaska Native representatives at the 2013 Choose Respect rally in Juneau, Alaska, asking legislators to address issues with the Violence Against Women Act.Heather Bryant/KTOO Public Media

 

By: Kayla Gahagan, Aljazeera America

 

Opponents of the reauthorization of a federal law passed last year say it has created a dangerous situation for Alaskan domestic violence victims and are urging lawmakers to support a repeal.

Proponents of the original 1994 Violence Against Women Act say it was signed into law with the purpose of providing more protection for domestic violence victims and keeping victims safe by requiring that a victim’s protection order be recognized and enforced in all state, tribal and territorial jurisdictions in the U.S.

According to the White House, the VAWA has made a difference, saying that intimate partner violence declined by 67 percent from 1993 to 2010, more victims now report domestic violence, more arrests have been made and all states impose criminal sanctions for violating a civil protection order.

Last year the law was reauthorized, clarifying a court decision that ruled on a case involving civil jurisdiction for non–tribal members and amending the law to recognize tribal civil jurisdiction to issue and enforce protection orders “involving any person,” including non-Natives.

But almost all Alaska tribes were excluded from the amendment, with only the Metlakatla Indian community from Alaska included under the 2013 law. The rest of Alaska remains under the old law.

The change has created confusion, opponents say, particularly in cases when there is a 911 call about enforcing a protective order.

“The trooper is waiting, because he’s not sure who has jurisdiction,” said David Voluck, a tribal court judge for the Central Council of Tlingit and Haida Indian Tribes of Alaska. “We need to get rid of those exceptions that create confusion.”

An ongoing debate

The reauthorization highlighted an ongoing debate about Native communities and tribal courts’ and governments’ jurisdiction, particularly in cases of policing and justice.

The reauthorization made sense, according to Alaska Attorney General Michael Geraghty, who noted that Alaska has always been treated differently because of the 1971 Alaska Native Claims Settlement Act. In exchange for 40 million acres of land and about $1 billion, he said, tribes forfeited reservations and the notion of Indian country to form Native corporations.

He said the state needs to find better ways to collaborate with institutions in small communities to provide better protection and justice but disagrees with giving pockets of tribal authority throughout Alaska.

“We do have an issue with violence and domestic violence,” he said. “We have a challenge in providing safety.”

But Geraghty said he has never heard of a situation when a victim was in danger because of confusion over jurisdiction.

“There’s nothing in the act that expands or retracts the jurisdiction of tribal courts,” he said. “If tribal courts had jurisdiction before, they do now. Troopers are not lawyers. If they are faced with a situation, they are going to protect the public. These concerns are overblown.”

‘A cloud over Alaska’

Lloyd Miller, an attorney who works on Indian rights and tribal jurisdiction litigation, disagrees and said things did change with the 2013 reauthorization.

“What he’s saying is that an Alaska village only has the authority to issue a protective order if that man is a member of the tribe. They can’t if he’s from the neighboring tribe,” he said. “Why would we not want to have Alaska villages have all the tools to protect women from domestic violence?”

Voluck agreed. “Does it really matter if a woman is hit in a mall somewhere or the south corner of where the tribe lives?” he said.

Opponents of the Alaska exemption recently urged a task force convened by Attorney General Eric Holder to study the effects of violence on Native American children to support the repeal of Section 910 of the law.

“VAWA creates a cloud over Alaska, and the last thing women and children need is a delay in an emergency,” said Voluck. “A matter of minutes can mean life or death. It’s unequal protection under the law for a very vulnerable part of the population.”

Lack of law enforcement

Voluck was one of a number of experts who testified last month before the Task Force on American Indian and Alaska Native Children Exposed to Violence about the special circumstances surrounding Alaska Native domestic violence, including geography, a lack of law enforcement and difficulty for victims to travel to safety.

Experts attested to a number of facts, including that Native American and Alaska Native women are 2.5 times as likely to be raped or sexually assaulted than other American women. About 140 villages have no state law enforcement. Eighty have absolutely no law enforcement. One-third of Alaska communities do not have road access.

It’s a serious issue for communities, said Valerie Davidson, a task force member who lives in Alaska. “Even if you only have 300 people, you still need law enforcement,” she said.

The debate continues, this time in Congress as the Senate Indian Affairs Committee works on legislation, which includes a provision repealing Section 910 of the 2013 reauthorization. Geraghty and the governor oppose a repeal, but the U.S. attorney general’s office has voiced its support.

Associate U.S. Attorney General Tony West attended the Alaska task force hearing and said arguments about the scope of authority of Alaska Native villages and tribes shouldn’t get in the way of protecting Native children from harm.

“If there are steps we can take that will help move the needle in the direction for victims, we need to do it,” he said. “When a tribal court issues an order, the state ought to enforce it. If not, the orders are worth nothing more than the paper they’re written on.”

More than just symbolic

Repealing the law won’t resolve the multilayered issues of jurisdiction, but it would be a step in the right direction, West added.

“It is more than just symbolic,” he said. “Repeal of Section 910 is an important step that can help protect Alaska Native victims of that violence and, significantly, the children who often witness it, and it can send a message that tribal authority and tribal sovereignty matters, that the civil protection orders tribal courts issue ought to be respected and enforced.”

The Task Force on American Indian and Alaska Native Children Exposed to Violence will make a recommendation to Holder by late October.

“Alaska is frozen in time,” Voluck said. “Why in the world would you hold the worst state when it comes to domestic violence in the old law? Forty-nine other states have figured out how to work with their tribal courts. Let’s work together. People are getting hurt and dying. That’s why I’m upset.”