Jump in volume of potentially hazardous materials being transported through our area cause for concern
By Andrew Gobin,
Increased rail traffic carries many issues with it. For local residents, the trains that pass through the Marysville Tulalip area cut the region in half, blocking Marysville residents’ east of the railway access to Interstate 5, creating major traffic jams which extend onto the freeway ramps west of the railway. With the major rail incidents of North Dakota and Quebec of last year, the fear of similar catastrophic events is high.
Rail transports traveling through the area carry coal, crude, and hazmat cargo, as they have for years. With the increase in rail traffic, the traffic issues will be magnified exponentially, and the risk of accidents skyrockets. With the proposed oil terminals in Grays Harbor and Vancouver Washington, and the proposed coal terminal at Cherry Point, rail traffic could increase to more than 30 trains a day from the 18 running currently.
Officials from Everett Fire Department and Everett Emergency Management will be presenting to the public on July 22 on the procedures of responding to incidents, as well as answering safety concerns. Public participation is encouraged as future strategies are being developed.
The meeting on July 22 will be held at the Everett Public Library, 2702 Hoyt Ave, in the Activity Room from 6:30 p.m. to 8:00 p.m. For more information contact Steven Liedlich at (425) 876-1633.
Buy-Back Program to begin implementation at Crow Nation,
Fort Belknap, Fort Peck to facilitate purchases from individual landowners
Source: Program, Buy Back
WASHINGTON, DC – In the latest step in the successful implementation of the Land Buy-Back Program for Tribal Nations (Buy-Back Program), Deputy Secretary of the Interior Michael Connor today announced that the Department has signed three additional agreements with tribal nations in Montana to facilitate the purchase of individual interests in fractionated trust lands and consolidate ownership for the tribes with jurisdiction. Agreements with Crow Tribe, Fort Belknap Indian Community, and the Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation detail what each tribal government will do to help implement the Buy Back Program and provide resources to facilitate outreach and education, and solicit interest from owners.
To date, the Buy Back Program has made nearly 33,000 purchase offers to owners of fractionated interests, successfully concluded transactions worth more than $72 million and restored the equivalent of more than 203,000 acres of land to tribal ownership.
“President Obama has made clear his commitment to help strengthen Native American communities and I am proud that today we are continuing that momentum with the steady implementation of the Buy-Back Program,” said Deputy Secretary Connor. “I want to thank the Crow Tribe, Fort Belknap Indian Community, and the Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation for their partnership as we work together to ensure individuals are aware of this historic opportunity to strengthen tribal sovereignty by supporting the consolidation of tribal lands for the benefit of each tribal nation.”
Land fractionation is a serious problem across Indian Country. As lands are passed down through generations, they gain more owners. Many tracts now have hundreds and even thousands of individual owners. Because it is difficult to gain landowner consensus, the lands often lie idle and cannot be used for any beneficial purpose. There are more than 245,000 owners of 3 million fractionated interests, spanning approximately 150 Indian reservations, who are eligible to participate in the Buy-Back Program.
“The Crow Tribe has been focused on addressing fractionated lands on the Crow Reservation for decades. We continue to be committed to restoring the tribal land base and are optimistic that the Cobell Land Buy-Back Program will provide critical funding towards these efforts,” saidChairman DarrinOld Coyote.“Execution of the cooperative agreement is the first important step to implement a tribal member prioritized approach to realize the benefits of the Program.”
The Department recently announced 21 locations where land consolidation activities such as planning, outreach, mapping, mineral evaluations, appraisals or acquisitions are expected to take place through the end of 2015. These communities represent more than half of all the fractional interests and unique owners across Indian Country.
“Fort Belknap would like to express their appreciation with the Land Buy-Back Agreement. We have had a professional working relationship with the Land Buy-Back team. Fort Belknap will be looking forward to increasing tribal land ownership and strengthening the economic environment for the tribe and tribal members. Consolidated tracts are a greater benefit to the overall land use and produce greater income,” said Councilman Curtis Horn, Fort Belknap Indian Community Tribal Land Chairman.
The Buy-Back Program is entering into cooperative agreements that are flexible and responsive to the specific needs and unique circumstances of each tribal government and location involved. The agreements showcase the active role that tribes can have, which is intended to improve the Program’s effectiveness and efficiency while minimizing administrative costs.
“It is my hope that this historic agreement will begin to address thegrowing problem of fractionalization of Indian land ownership on ourReservation by restoring our tribal land base, promoting Indianself-determination, strengthening and advancing the economic security of our tribal community, and fulfil the United States’ trustresponsibility to Indians,” said A.T.Stafne, Chairman of the Fort Peck Tribal Executive Board. “This Agreement recognizes the Tribes’capacity, professionalism and familiarity with trust lands on FortPeck Reservation to efficiently implement land purchases.”
The Buy-Back Program was created to implement the land consolidation component of the Cobell Settlement. The Settlement provided $1.9 billion to consolidate fractional land interests across Indian Country. The Buy-Back Program allows interested individual owners to receive payments for voluntarily selling their land. Consolidated interests are immediately transferred to tribal governments and stay in trust for uses benefiting the tribes and their members.
In addition, sales will result in up to $60 million in contributions to the Cobell Education Scholarship Fund. This donation is in addition to the amounts paid to individual sellers, so it will not reduce the amount landowners receive for their interests.
July 11, 201 .Warner, Oklahoma (within Cherokee Nation jurisdiction), Alaskan Tribal Nations Map Released
I officially announce the release of this unique, newly-copy-written Alaskan Tribal Map. It is a continuation in my Tribal Nations Map series, using-as in its predecessors-original autonyms that Tribes have called themselves historically. It also goes beyond listing “linguistic groups”, and shows the names of each individual Native Nation that has called Alaska home for millennia. Research for this map involved speaking to dozens of Cultural Directors, museums Directors, Tribal leaders, researching books by Natives and non-Natives, etc. If you are interested in doing an interview about this map, please find my contact information below.
My maps were also recently featured on NPR’s “All Things Considered”:
During a July 2 interview with Megyn Kelly, host of Fox News’ “The Kelly File,” filmmaker Dinesh D’Souza says the genocide of the Indigenous Peoples of this country didn’t happen.
Bill Ayers, an elementary education theorist and former leader in the opposition of U.S. involvement in the Vietnam War, went head to head with D’Souza during the interview.
“The American Indian population shrank by 80 percent over 150 years,” D’Souza says. “The main reason for that was not because of warfare or systematic killing, it’s because the white man brought with him from Europe diseases to which the Native Americans… did not have any immunities.”
D’Souza, who produced the film “America,” couldn’t be more wrong. The diseases weren’t only brought over from Europe, but literally handed to the Indigenous Peoples in blankets with the intention of wiping out the population to take their land. Do we even need to mention the Indian Removal Act or boarding schools?
Watch the full video and see Ayers and the YouTube commentator defend these positions.
Here’s a video from YouTube—start watching at 2:35—with some commentary:
PORTLAND — The public got its first chance to weigh in on the government’s plan to kill nearly 16,000 cormorants nesting on an island near the mouth of the Columbia River.
The U.S. Army Corps of Engineers has proposed the lethal approach as the best way to reduce the number of birds that congregate at East Sand Island and feast on young salmon and steelhead making their way beyond the Columbia River to the Pacific Ocean.
Supporters and critics spoke out Thursday at the Matt Dishman Community Center in Northeast Portland.
State and federal officials discussed the proposed action with around 40 attendees, many representing bird and wildlife advocacy groups or sportfishermen.
Norman Ritchie is with the Association of Northwest Steelheaders. He said the cormorants are severely harming the fish runs on the Columbia.
“Right now the situation’s pretty bad,” Ritchie said. “We’re talking millions upon millions of smolts being killed by the cormorants each year and we need to deal with that.”
Columbia River tribal representatives have also voiced support for killing cormorants to protect salmon and steelhead, although none spoke out at Thursday’s hearing.
Scientists estimate cormorants on East Sand Island ate 18 million protected salmon and steelhead last year and are regularly consuming 10 to 15 percent of the populations swimming through the Columbia River estuary.
Joyce Casey is with the U.S. Army Corps of Engineers. She said her agency is following the National Marine Fisheries Service’s call for a reduction in cormorants.
The service’s biological opinion for the Columbia River hydropower system gives until 2018 to reduce 14,900 breeding pairs of cormorants down to less than 5,900 breeding pairs. The goal is protect salmon and steelhead listed under the Endangered Species Act. The fish also die by the thousands as they try to get past dams operated by the corps.
The cormorant-killing strategy would be in place from 2015 to 2018. Shotguns would be used to shoot the cormorants in the air first and, if necessary, on the colony during nesting season.
Kahler Martinson is an Audubon Society volunteer and former regional director with the U.S. Fish and Wildlife Service. Martinson argued that the corps is blaming the birds rather than the dams on the Columbia.
“There’s got to be a better way to do it than killing these birds,” Martinson said. “If you manage the river for fish instead of for power and navigation you can certainly handle the problem.”
The corps says the reduction in cormorant population would be localized and would not jeopardize the larger population.
Tribal prosecutor will have Special Assistant US Attorney status to implement VAWA 2013 provisions
Herman Williams, Chairman of the Tulalip Tribes, United States Attorney for the Western District, Jenny A. Durkan, and Tulalip prosecutor Sharon Jones Hayden Photo/Francesca Hillery
Source: Tulalip Tribes
Tulalip, WA—July 11, 2014—Herman Williams, Chairman of the Tulalip Tribes signed a memorandum of understanding today with the United States Attorney for the Western District, Jenny A. Durkan, which calls for the appointment of Tulalip prosecutor Sharon Jones Hayden to Special Assistant United State Attorney (SAUSA). The SAUSA designation will help the Tulalip Court continue to implement the new tribal provisions under the reauthorized Violence Against Women Act (VAWA) of 2013.
The Tulalip Tribes has already begun to implement the Special Criminal Domestic Violence Jurisdiction (SCDVJ) that expands tribal jurisdiction to non-Indians who have committed domestic violence crimes against Native Americans on the Tulalip Reservation. Tulalip is one of three pilot tribes who are rolling out the new provisions before other U.S. tribes begin to implement in March 2015.
“We value our relationship with the US Attorney here in the Western District and the new SAUSA appointment will help our tribal court better protect our people,” said Tulalip Tribes Chairman Herman Williams. “We have worked hard to build a justice system that makes our community safer for everyone.”
“This is the first Tribal Prosecutor SAUSA appointment in this District and is an important recognition of this Office’s partnership with tribal communities in Western Washington to foster and promote the reduction of violence and enhance public safety for tribal communities,” said Jenny A. Durkan, US Attorney for the Western District.
As a SAUSA, Ms. Jones Hayden will work closely with the US Attorney Western District’s Assistant United States Attorney Tribal Liaisons in handling cases involving domestic violence crimes committed by Indian and non-Indian offenders occurring within the Tulalip Tribes’ territorial jurisdiction, and particularly those cases that fall within the newly enacted Violence Against Women’s Act Special Domestic Violence Criminal Jurisdiction.
Today, the Senate failed to advance S. 2363, a bi-partisan sportsmen bill designed to boost hunting and fishing protections on federal public land, reauthorize the Federal Land Transaction Facilitation Act (FLTFA), wetland and fishing conservation programs, and would allow online sales of duck stamps. The bill, introduced by Senator Kay Hagan, (D-NC) and co-sponsored by Senator Lisa Murkowski (R-AK), was meant to help several incumbents who face tough reelection races this year. Seen as a political boon for red-state Democrats, the bill died by a vote of 41-56 due to disagreements over a slew of amendments that would have forced vulnerable incumbents to take tough votes on tweaking gun laws. Among the amendments filed today was one that would have protected tribal treaty and other rights of tribes. The amendment, sponsored by Senator Martin Heinrich (D-NM) and co-sponsored by Senator Jon Tester (D-MT), Chairman of the Senate Committee on Indian Affairs, stated in part: “(b) Effect of Act.–Notwithstanding any other provision of law, nothing in this Act or the amendments made by this Act affects or modifies any treaty or other right of any Indian tribe, including the protection of sacred and cultural areas. (c) Duties of the Secretaries with Respect to Treaty Rights. In carrying out this Act or the amendments made by this Act, the Secretary of the Interior and the Secretary of Agriculture shall take appropriate measures to uphold treaty and other rights of Indian tribes, including protecting and preserving sacred and cultural areas of Indian tribes located on Federal public land.” Mapetsi reported on February 13th, that the House passed H.R. 3590, its version of a sportsmen bill. Even though the House bill also included language to protect tribal treaty rights on federal public land, the Heinrich/Tester amendment that was filed today would have provided greater protections for tribal rights by requiring Interior and USDA to take “appropriate measures to uphold” tribal treaty and other rights. Key differences between the House and Senate bills over environmental, FLTFA reauthorization and other issues all but guarantees that Congress will not pass a sportsmen bill this year. In February, Senator Heinrich introduced S. 368 a stand-alone bill to reauthorize FLTFA, which facilitates the administrative sale or disposal of certain federal public land. Heinrich has expressed support for inclusion of provisions to protect treaty and other rights of tribes in his FLTFA reauthorization measure. Mapetsi will continue to provide updates on this issue.
Attachment:
Senators Heinrich and Tester amendment to S. 2363–
Washington D.C. (KELO AM) – U.S. Senators Tim Johnson (D-SD), James Inhofe (R-OK), Heidi Heitkamp (D-ND), and Lisa Murkowski (R-AK) today introduced the Tribal Adoption Parity Act. The legislation ensures parents adopting American Indian and Alaskan Native children through tribal courts are treated fairly under our nation’s tax code by making it easier for adoptive parents across Indian Country to claim the full adoption tax credit for “special needs” children.
“The Tribal Adoption Parity Act will provide financial relief for families in South Dakota by making it easier for adoptive parents in Indian Country to claim the full adoption tax credit,” Johnson said. “It is unacceptable that parents who adopt an Indian child through a tribal court are prevented from accessing the financial relief that is provided to adoptive families in non-tribal areas. This bill addresses an oversight in our tax code by ensuring that adoptive parents throughout Indian Country receive fair tax treatment.”
Under current law, parents adopting a child who has been determined by a State as “special needs” can claim the full adoption tax credit regardless of their qualified adoption expenses. Congress created the “special needs” determination to provide an added incentive for parents adopting children who might otherwise be difficult to place in adoptive homes. In Fiscal Year 2011, 84 percent of the nearly 50,000 children adopted through public agencies were designated as having “special needs.” Parents adopting children through tribal courts, however, are currently ineligible for the special needs adoption tax credit. This unfortunately results in parents and children throughout Indian Country unfairly missing out on an important tax credit that would make a significant difference in their day-to-day lives. Becoming eligible for the special needs adoption tax credit would help further reduce the financial costs associated with adoption and lessen administrative burdens.
In 1978, Congress passed the Indian Child Welfare Act that gives Indian tribes exclusive jurisdiction over custody proceedings involving Indian children within a reservation. The special needs adoption tax credit currently fails to recognize the authority that tribal governments have over adoption proceedings of Indian children. The Tribal Adoption Parity Act would amend the Internal Revenue Code to provide fair tax treatment to parents adopting Indian children through tribal courts. As a result, a tribal government would be permitted to designate an adoptive Indian child as having “special needs.” This legislation would ensure that families in Indian Country are treated fairly by providing the same financial relief that adoptive families currently receive across the nation.
The bill has been endorsed by organizations such as the National Indian Child Welfare Association, the Child Welfare League of America, Voice for Adoption, the American Academy of Adoption Attorneys, the Donaldson Adoption Institute, and the Joint Council for International Children’s Services.
In 1996, Congress created the adoption tax credit to ease the initial financial burden for adoptive parents. The adoption tax credit provides a tax credit of up to $10,000 and is adjusted for inflation. The credit was $12,970 for tax year 2013. Since 2003, families adopting children with “special needs” are allowed to claim the full adoption tax credit regardless of their qualified adoption expenses. The definition of “special needs” varies from state to state. Examples of factors that can qualify a child for the “special needs” determination include: age; membership in a minority or sibling group; ethnic background; medical condition; or physical, mental, and emotional handicaps.
The National Taxpayer Advocate Service, an independent organization within the Internal Revenue Service, recommended the adoption tax credit be amended to recognize tribal governments in its 2012 Annual Report to Congress, which can be accessed here.
About 70 people gathered in May, 2014 to protest the proposed coal export facility in Boardman, Oregon. Yakama Nation and Lummi Nation tribal members spoke at a ceremony before people fished at treaty-protected fishing sites. | credit: Courtney Flatt
This blunt response comes after two years of talks between the tribes and Ambre Energy – the company that wants to build a coal export terminal on a part of the river that the tribes consider historic fishing grounds protected by their treaty with the federal government.
For Ambre’s export terminal, 8.8 million tons of coal per year would be transported by rail from Montana and Wyoming to Boardman, in Eastern Oregon. From there, it would be barged down the Columbia River and transferred to ocean-going vessels to be shipped to Asia.
Ambre Energy has offered to pay the tribe up to $800,000 per year (the same amount it’s offered the Morrow and Columbia County school districts). The company is also offering $500, 000 toward salmon and stream enhancements and $100,000 toward culture and history celebrations during the Morrow Pacific Project’s construction.
A tribal spokesman said the tribes have been in discussions with Ambre Energy for two years. Chuck Sams said that’s when the tribe began raising concerns about treaty fishing sites near the company’s proposed dock.
“We will not abdicate, nor will we trade, any of our treaty rights,” Sams said. “We’ve already proven to them time and time again that the place where they wish to site their facility is a usual and accustomed fishing station.”
Sams said there is no way Ambre could make up for damage that could be done to the fishing site because people fish there now.
Members from the Yakama Nation and the Lummi Nation recently held fishing demonstrations at the site where the coal terminal construction is proposed.
An Ambre Energy spokeswoman says the company chose this site specifically because it did not impact fishing sites.
“It’s important to remember that the proposed dock is on private Port of Morrow property in between two existing docks. And even with that, from the beginning we have sought a partnership with the tribes based on mutual respect, shared benefits, collaboration, and cooperation,” said spokeswoman Liz Fuller.
Sams said no formal reply to the company is in the works because the Umatilla tribes have already expressed concerns to Ambre Energy in face-to-face meetings.
Sams went on, however, to say the Umatillas are open to further discussions.
Referring to offers from Ambre Energy, Sams said, “I think that they read the public wrong – our public, our tribal citizens – and where we stand. The tribal members themselves are pretty strong on environmental issues, especially in protection of their treaty rights. … Putting out a letter that dangled out financial gain for the tribe really does not resonate well within the tribal membership.”
The Australia-based Ambre Energy is still waiting on a permit from the Oregon Department of State Lands to build the dock at its Boardman site. The permit decision has been delayed multiple times. Right now a permitting decision is scheduled for Aug. 18.
According to DSL rules, the permit can be issued if the dock doesn’t “unreasonably interfere” with preservation of water for navigation, fishing and public recreation.
Remains of mentally ill reunited with surviving family as part of project
Remains of mentally ill reunited with surviving family as part of project
By JONATHAN J. COOPER, Associated Press
SALEM, Ore. — They were dubbed the “forgotten souls,” the cremated remains of thousands who came through the doors of Oregon’s state mental hospital, died there, and whose ashes were abandoned inside 3,500 copper urns.
Discovered a decade ago at the decrepit Oregon State Hospital, where “One Flew Over the Cuckoo’s Nest” was filmed, the remains became a symbol of the state’s — and the nation’s — dark history of treating the mentally ill.
A research effort to unearth the stories of those who moved through the hospital’s halls, and to reunite the remains with surviving relatives, takes center stage today as officials dedicate a memorial to those once-forgotten patients.
“No one wants to be laid to rest without some kind of acknowledgement that they were here, that they contributed, that they lived,” said state Senate President Peter Courtney, who led the effort to replace the hospital and build the memorial.
Between 1913 and 1971, more than 5,300 people were cremated at the hospital. Most were patients at the mental institution, but some died at hospitals, the state tuberculosis hospital, a state penitentiary or the Fairview Training Center, where people with developmental disabilities were institutionalized.
Hospital officials have worked for years to reunite the remains of their former patients with surviving relatives. Since the urns were found by lawmakers on a tour of the hospital in 2005, 183 have been claimed.
The 3,409 that remain and have been identified are listed in a searchable online database. Thirty-eight urns will likely never be identified; they’re unmarked, have duplicate numbers or aren’t listed in ledgers of people cremated at the hospital.
They came from different backgrounds, for different reasons. Some stayed just days before they died, others for nearly their entire lives. Twenty-two were Native Americans. Their remains won’t be part of the memorial; they’ll be returned to their tribes for a proper ceremony. Members of the local Sikh community are working to claim the remains of two people.
Many of the 110 veterans still there will eventually receive proper military burials, though some are ineligible due to dishonorable discharges or insufficient information available.
Some patients spent a lifetime at the hospital for conditions like depression and bipolar disorder that, in modern times, are treated on an outpatient basis.
“At the time, they just put them in a safe place and treated them with what they knew to treat them,” said Sharon Tucker, who led the two-year research project.
Records are sparse, even for people who lived for decades inside the walls. Some had severe delusions; others had physical deformities. Some seemed to be institutionalized because their families just didn’t know what to do with them.
But what does survive is a window not only into who they were, but the time in which they lived.
The remains of thousands have been transferred from the copper canisters to ceramic urns that will better protect them. The old canisters will be preserved to give visitors to the memorial a sense for how they once were housed.
“I think it will be very difficult to forget them now,” said Jodie Jones, the state administrator leading the hospital replacement project.