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Carter Camp, Indian activist, dies at 72

Carter Camp is dead at the age of 72 (Photo by Photobucket/Ajijaakwe)

Vince Devlin, January 2, 2014, Buffalo Post

Carter Camp, who helped organize the 1973 uprising at Wounded Knee in South Dakota, has died at the age of 72.

The Associated Press reports Camp succumbed to cancer on Dec. 27 in White Eagle, Okla.

Camp, a member of the Ponca Tribe of Oklahoma, was a longtime member of the American Indian Movement, organizing more than 30 chapters in his home state of Oklahoma, (his sister Casey) Camp-Horinek said. The American Indian Movement was founded in the late 1960s to protest the U.S. government’s treatment of Native Americans and demand that the government honor its treaties with Indian tribes.

He had a leading role in the Trail of Broken Treaties in 1972, in which a caravan of Native American activists drove across the country to Washington, D.C., to protest treaties between tribes and the federal government. They took over the Bureau of Indian Affairs for several days.

Although several people in leadership roles went on trial for events that took place at Wounded Knee, the AP reported that Camp was the only one to ever serve time. He spent two years in prison.

“He was the only person in (a) leadership position in Wounded Knee who never left Wounded Knee, not to go out and do press junkets, not to go and sit in a hotel for a while. None of that. He was a war leader there. He stayed inside with his warriors,” Camp-Horinek said of her brother.

Most recently, Camp fought the Keystone XL pipeline.

Eating Tea And Other Food Predictions For 2014

By Bonny Wolf, NPR

At the beginning of every year, we read the tea leaves to see what new food trends we’ll be tasting in the coming months. This year, the tea itself is the trend.

Tea leaves will be big in entrees, desserts and, of course, cocktails. Starbucks has opened its first tea shop.

We won’t be just drinking tea; Artisan distilling keeps on growing. This could be the year of gin, made with local botanicals as well as the traditional juniper berry.

New — but still ancient — grains will join the now-common spelt and quinoa. Teff and freekeh may be as familiar to us by the end of next year.

Nuts aren’t new either, but a Harvard study shows that nut eaters live longer and lose weight. Tada: next year’s favorite snack food.

Another study finds we threw out 40 percent of our food last year. Now grocery auctions offer unsold food, and even the former president of Trader Joe’s will open a market selling perfectly good food that’s just past its sell-by date.

Vegetarianism is no longer just for vegetarians. While most Americans still eat meat, 47 percent of the country eats at least one vegetarian meal a week.

Cauliflower, by the way, is the new Brussels sprout.

Eating local is going into overdrive. Restaurants and markets have planted gardens and built farms — on the ground and on the roof.

And if you can’t grow it, you can buy it from professional foragers, who will bring chickweed and chanterelles to chefs and consumers.

Small-scale meat producers will be available as we continue to fret about industrial farming. Expect more goat, rabbit and pigeon — or squab, if that makes you feel better.

The meats may be flavored with za’atar or sumac, which should easier to find as we dig deeper into the foods of the Mideast.

From the Middle East we go to the Middle West for simple, hearty cooking. The Food Network names the Midwestern food movement as the No. 1 trend for 2014. You betcha.

Dessert? Ice cream sandwiches. Probably made with tea leaves.

Bonny Wolf is managing editor of americanfoodroots.com and editor of NPR’s Kitchen Window.

Federal Agency Issues Safety Alert For Oil Trains

An oil train moves along Puget Sound, headed to refineries in the Northwestern part of the state. | credit: Ashley Ahearn

Ashley Ahearn, Earth Fix

SEATTLE — An alert, issued by the U.S. Department of Transportation on Thursday said that the crude oil coming out of the Bakken formation of North Dakota poses a “significant risk” because it is more flammable than traditional heavy crude.

The DOT says that Bakken oil can catch fire in temperatures as low as 73 degrees Fahrenheit. That’s one of the reasons it should be classified as a hazardous material when transported by rail, the agency said.

Some Washington refineries are already receiving Bakken Oil by train and a handful of ports in the Northwest are considering building facilities to move the oil from trains onto ships.

BNSF Railway — the company moving the majority of Bakken oil through the Northwest — does not release information about oil train traffic.

Companies that move oil by rail do not pay into the state emergency response fund for oil spills.

Washington Gov. Jay Inslee’s proposed budget for 2014 includes $652,000 for oil train emergency response by the State Department of Ecology.

Parents, Advocates Team Up to Save Native Education Program

By Richard Walker, ICTMN

A few months ago, all seemed lost for two Seattle school communities.

Wilson-Pacific School was slated for demolition to make way for a new K-8 school, sounding the death knell for a 40-year-old program for Native American students in grades 6-12. The program, with a culturally competent curriculum and teachers, once had a 100 percent graduation and college attendance rate.

Pinehurst School, formerly Alternative School No. 1, was slated for demolition for construction of a new K-8, threatening the end of a 42-year-old program of experiential, project-based learning with an emphasis on social justice.

In rallying to save their programs, parents and advocates from both schools discovered similarities in values and pedagogy and, at the urging of school board member Sharon Peaslee, came together to develop an idea: Merge the programs into a new K-8 program called Native Heritage AS-1, to be housed in the wing of an existing school until the new school is finished at the Wilson-Pacific site.

The merger was approved by the school district 5-2 on November 20. Students offered their voices at the board meeting, testifying for the need for Native Heritage AS-1.

A group of parents, advocates and students protested to save the program November 20, 2013. (Damien Conway)

“We made our voices heard in a constructive, positively influential [way],” said Sarah Sense-Wilson, Oglala, chairwoman of the Urban Native Education Alliance. “This was truly historic.”

She added, “A lot of people have volunteered their time to create a real solution for supporting Native learners and [to] develop programs which serve the unique cultural and educational needs of Native kids and families.”

She said Superintendent José Banda “has repeatedly stated he supports revitalizing the Indian Heritage school program.” She said the Native Heritage AS-1 program will help the district comply with its own policy regarding educational and racial equity, and meet its Title VII obligations, for which it receives federal funding.

Students from Pinehurst and the former American Indian Heritage School program will attend Native Heritage AS-1 beginning September 2014, in a wing of the former Lincoln High School. That school no longer exists, but the buildings house other educational programs.

Native Heritage AS-1 will be housed at Lincoln until the end of the 2016-17 school year, when it will move to the new school at the Wilson-Pacific site. Meanwhile, parents and advocates are working to develop a high school Native Heritage program at Ingraham High School, which has the highest population of Native students, so that Native Heritage AS-1 is K-12 when it moves to Wilson-Pacific. They are also lobbying for the new school to be named after Robert Eaglestaff School, after the late principal of the Indian Heritage school program.

The Wilson-Pacific site is significant to Seattle’s Native community. A spring, long ago diverted underground, flows under the property; the spring was important to the Duwamish people and the neighborhood’s name—Licton Springs—is derived from the Duwamish name for the reddish mud of the spring. On several school walls are murals depicting Native heritage and leaders, including Chief Seattle, the city’s namesake, by noted Haida/Apache artist Andrew Morrison. The school has long been a venue for powwows and other Native events. The Urban Native Education Alliance and the Clear Sky Native Youth Council regularly host events there.

The murals were threatened with being lost when the school is demolished, but parents and advocates rallied and the school district agreed to save them. The walls with the murals will be incorporated into the new school.

Courtesy Andrew Morrison

According to the proposal, the Native Heritage AS-1 program will focus on Native culture, history and worldview with culturally competent leadership. It will also collaborate with Native community-based organizations on instructional materials.

School district officials had cut back on support and resources for the Pinehurst and Indian Heritage programs because of declining enrollment over the last decade. But parents and advocates said enrollment declined because parents were uncertain about their schools’ future.

Despite Indian Heritage’s closure and the assimilation of its students into other schools, student participation in cultural activities presented at Wilson-Pacific remains high. Even though the school is closed, as many as 75 Native students participate twice a week in Clear Sky Native Youth Council activities there. Over the summer, dozens of students participated in rallies to preserve the Indian Heritage program and the murals.

At Pinehurst, despite cutbacks in resources and district support, the school’s commitment to social justice remains high.

Supporters of the creation of Native Heritage AS-1 rally at the Seattle Public Schools offices on November 20, 2013. (Alex Garland)

Pinehurst has an Equity Committee committed to “undoing institutional racism.” On the school walls are photos of students participating in rallies to save their school. A poster by Tahltan artist Alano Edzerza features the Raven-Frog crest Ga,ahaba, flying out of the reach of despair, with a quote from Dr. Martin Luther King Jr.’s Letter from a Birmingham Jail: “Injustice anywhere is a threat to justice everywhere.”

As part of their science curriculum, students learned about the role of salmon in local Native culture, and the release of salmon fry they raised included a traditional blessing by Glen Pinkham, Yakama. Students collaborated with Tlingit carver Saaduuts Peele on a traditional Northwest canoe that was gifted at a potlatch in Hydaburg, Alaska.

Parents and advocates expect enrollment will climb once Native Heritage AS-1 opens at Lincoln. Because of low enrollment, the district estimates it spends $6,500 per student. Projected enrollment increases, and merging two programs under one administration, are expected to drop that cost to $5,500 per student.

John Chapman, a Pinehurst parent and member of the school’s site committee, helped write the 12-page merger proposal. Next they will work on staff training.

He’s enthusiastic about the next school year. “We’re eager to get it going,” he said.

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Endangered Species Act Turns 40: A Look At 3 Interesting Debates

Amelia Templeton, Earth Fix

It’s the 40th anniversary of the Endangered Species Act. Much of our day to day reporting on endangered species focuses on the political controversies that arise from conservation strategies: wolf predation of livestock, water shutoffs in the Klamath Basin, mill closures after the Northwest Forest Plan.

We also do fair amount of reporting on the strange things people do to try to save individual species in peril: putting fish in trucks, removing a dam, relocating deer, and shooting one kind of owl to save another.

But what interests me the most are the big picture questions. Here are three questions conservation scientists are debating, inspired in part by this excellent conservation literature review.

1) Is It Time To Triage?

Governments and conservation groups have a limited amount of money to spend trying to recover endangered species. Those dollars are typically allocated to species judged to be the most at threat, the most ecologically unique and significant and the most charismatic. Scientists say tigers, pandas and spotted owls all benefit from a disproportionate share of conservation funding.

Researchers with the University of Queensland in Australia and the Department of Conservation in New Zealand have sparked a vigorous debate over the need to include two more criteria: the cost of management and the likelihood that an attempt to save a species will succeed.

The question of whether to stop trying to save some charismatic, highly imperiled species so funding can go to more help conserve more viable populations seems particularly relevant in the Northwest, where scientists are debating a potentially costly and risky campaign to save the spotted owl by shooting barred owls.

It’s also an idea that appears to have influenced local groups like the Wild Salmon Center, which has proposed protecting the Northwest’s strongest salmon runs and healthiest rivers as the most effective approach to salmon recovery.

2) Is There A Universal Minimum Viable Population?

Small populations are particularly vulnerable to extinction due to random catastrophe, variation in birth and death rates, and other factors. The idea of a minimum viable population was first introduced by biologist Mark Shaffer in a paper in 1981.

Getting an accurate population count of an endangered species is surprisingly difficult, and some scientists have argued for universal benchmarks for all species: 50 individuals for short-term survival, 500 individuals for the genetic health of a species, and 5,000 individuals for long-term viability.

However, many researchers have rejected the idea and argue that a species’ life history, size, environment and rate of decline all affect what constitute a viable population size.

In a recent study, authors Curtis Flathers et al, write that while marbled murrelets in the Northwest number in the tens of thousands, the species is still endangered by loss of nesting habitat and depletion of its food sources.

They offer the passenger pigeon as an example of a species that seemed abundant but ended up extinct.

“The extinction of the passenger pigeon (Ectopistes migratorius), perhaps the most abundant land bird in North America during the 1800’s (numbering 3–5 billion individuals [69]), stands as a sobering reminder that population size alone is noguarantee against extinction.”

3) Should We Be Assisting Migration?

The Oregon Climate Change Research Institute has reported that Humboldt squid from the tropics have moved into Oregon waters, birds are migrating earlier and moving further north, and small mammals in Eastern Oregon are contracting their high-elevation ranges.

Forest ecologists are predicting that climate change could threaten tree species like coastal yellow cedar and alpine whitebark pine.

Some scientists argue that many species will not be able to move or evolve quickly enough to survive climate change, and are calling for human intervention to assist migration of threatened species through the creation of seed banks and other strategies.

Where do you stand on these debates? Let us know the endangered species stories you think we should be covering.

China Ban On West Coast Shellfish Hits Tribal Divers

Lydia Sigo, a geoduck diver and member of the Suquamish Tribe, is out of work right now because of China's ban on shellfish imports. She says her mortgage is due. "I can't keep going on like this very long." | credit: Ashley Ahearn — Lydia Sigo, a geoduck diver and member of the Suquamish Tribe, is out of work right now because of China’s ban on shellfish imports. She says her mortgage is due. “I can’t keep going on like this very long.” | credit: Ashley Ahearn

Ashley Ahearn, Earth Fix

Update Dec. 24, 9:00 a.m.: NOAA’s Seafood Inspection Program has issued a report to Chinese officials with its findings regarding the tainted geoducks from Alaska and Washington. In the letter, U.S. authorities note the actions that have been taken in response, ensure that geoduck clams and mollusks for export from Area 67 meet safety requirement and request lifting of China’s ban on shellfish imports.

Ninety percent of the geoduck harvested in Washington are sold to China and Hong Kong. It’s an indicator of how much the Northwest shellfish industry relies on exports to China.

In early December, the Chinese government instituted a ban on all shellfish imports from a large swathe of the West Coast after finding two bad clams. One from Alaska had high levels of the biotoxin that causes paralytic shellfish poisoning. The other came from Puget Sound and tested high for inorganic arsenic. Washington does not test for arsenic in shellfish.

Read: China Imposes First-Ever West Coast Shellfish Ban
Read: Arsenic Was Toxin Of Concern In Wash. Geoduck Shipment

The crushing economic impacts of China’s move are hitting tribal fisherman in Puget Sound hard for the holidays.

At the Suquamish Tribe’s reservation on Puget Sound, Suquamish geoduck diver Lydia Sigo stands on a dock that would usually be crowded with boats bringing in their catches of geoduck. The clams can fetch up to $150 per pound in China. But today it’s quiet. There are no boats on the water — none of the 25 Suquamish tribal divers are working right now.

“That’s 25 families that really need to buy their kids Christmas presents or pay their mortgage, pay their rent,” Sigo says. “For me, I can’t keep going on like this for very long.”

The tribe is losing $20,000 each day that the ban is in place, but the impacts of the ban are being felt well beyond the reservation.

John Jones, a geoduck diver with the Suquamish Tribe, is out of work right now
because of the Chinese ban on shellfish imports. (Photo: Ashley Ahearn)

“My brothers are from Port Gamble and they’re out of work,” says John Jones, another Suquamish diver. “They shut down diving everywhere, not just for us but for the state. It impacts a whole lot of people, not just this community but all communities throughout Puget Sound, Alaska, Oregon.”

The shellfish industry in Washington is worth $270 million annually, and China is the biggest market for exports.

Waters from which China no longer permits the
import of clams, oysters and other bivalves.

This is the broadest shellfish ban China has ever put in place, but it’s not the first time China has banned a major import from the U.S. Beef imports from the U.S. have been banned for the past ten years. More recently, China rejected about half a million tons of U.S. corn because it contained a genetically modified strain.

Chinese officials have been slow to reveal details of their shellfish testing methods. That’s prompted some to raise concerns about political motivations behind the shellfish ban.

“It is possible that it could be retaliation for something,” says Tabitha Mallory, a postdoctoral research fellow at the Princeton-Harvard China and the World Program. “That has happened in the past.”

In 2010 China banned salmon imports from Norway, just after the Nobel Peace Prize was awarded to the political activist Liu Xiaobo.

Mallory says it’s unclear what kind of larger political statement China could be making with the shellfish ban.

“I think it’s good to consider all the possible motivations for this,” Mallory says. “But I don’t think that we should write off the possibility that it is a legitimate accusation.”

Conservation Group Turns Christmas Trees Into Salmon Habitat

When submerged in a coastal stream, an old Christmas tree offers young salmon protection from predators and new potential food sources. | credit: Courtesy of Tualatin Valley Trout Unlimited

Cassandra Profita, Earth Fix

Before you kick your dying Christmas tree to the curb, consider this: Members of the conservation group Trout Unlimited would love to turn that tree into fish habitat.

On three Saturdays in January, the Tualatin Valley chapter of Trout Unlimited will be collecting Christmas tree donations at two locations in the Portland metropolitan area. Later, they’ll place the trees into a side channel of the Necanicum River near Seaside, where they will provide predator protection and food sources for baby coho salmon.

The group is entering the third year of a program called Christmas for Coho. It’s is one of many groups across the country turning old Christmas trees into fish habitat. Similar projects have taken place in California, Missouri, Ohio and Louisiana.

Tualatin Valley Trout Unlimited board member Mike Gentry helped place Christmas trees into a coastal stream the first year of Christmas for Coho – back in 2012. He said he saw baby coho swimming to the site as soon as the trees hit the water.

“Even while we were still working in there placing the trees, we could see many little bitty fish gathering around us and coming in under the trees,” he said. “We weren’t even done with the project.”

Christmas trees in a coastal stream. Photo by Michael D. Ellis

Once submerged in water, Christmas trees provide places for microorganisms to grow and attract other critters that baby salmon can eat before they head out to sea.

“They’re like magnets for fish,” said wetlands restoration consultant Doug Ray of Carex Consulting, who is also a member of the Tualatin Valley chapter of Trout Unlimited. “The fish will stay under the cover of the branches during the day and come out at night to feed.”

The Pacific Northwest could be using recycled Christmas trees all over the place to help salmon, Ray said. Within days of putting the trees under water, a brown algae starts growing on the needles. Other critters flock to the branches to eat the algae, and a new food web is born.

“They’re covered within a couple of weeks,” said Ray. “It’s like a Chia pet. Just add water.”

Ray and Gentry are hoping that the Christmas for Coho program will encourage more people to start turning Christmas trees into salmon habitat.

“If everyone in Oregon took their Christmas trees and put them into a stream instead of chipping them into mulch, it would be a really valuable gift to salmon,” said Ray.

The Tualatin Valley chapter of Trout Unlimited will be collecting trees on Jan. 4, 11 and 18th from 9 am to 4 pm at two locations: Royal Treatment Fly Shop, 21570 Willamette Dr., in West Linn; and Northwest Fly Fishing Outfitters, 10910 NE Halsey, in Portland.

Documents Reveal Coal Exporter Disturbed Native Archaeological Site

Ashley AhearnLummi tribal council member Jay Julius points to an area of Cherry Point that was disturbed by Pacific International Terminals. — Ashley Ahearn
Lummi tribal council member Jay Julius points to an area of Cherry Point that was disturbed by Pacific International Terminals.

Ashley Ahearn, 1/2/14, Earth Fix

BELLINGHAM, Wash. – Three summers ago the company that wants to build the largest coal export terminal in North America failed to obtain the environmental permits it needed before bulldozing more than four miles of roads and clearing more than nine acres of land, including some wetlands.

Pacific International Terminals also failed to meet a requirement to consult first with local Native American tribes, the Lummi and Nooksack tribes, about the potential archaeological impacts of the work. Sidestepping tribal consultation meant avoiding potential delays and roadblocks for the project’s development.

It also led to the disturbance of a site from which 3,000-year-old human remains had previously been removed—and where archeologists and tribal members suspect more are buried.

Pacific International Terminals and its parent corporation, SSA Marine, subsequently settled for copy.6 million for violations under the Clean Water Act.

According to company documents obtained by EarthFix after the lawsuit made them public, Pacific International Terminals drilled 37 boreholes throughout the site, ranging from 15 feet to 130 feet in depth, without following procedures required by the Army Corps of Engineers under the National Historic Preservation Act.

Map showing locations of 37 boreholes that Pacific International Terminals drilled at the proposed site of the Gateway Pacific Terminal.

(The original document the image is from, is available here.)

The Gateway Pacific Terminal is one of three coal export facilities proposed in Oregon and Washington. Mining and transportation interests want to move Wyoming and Montana coal by train so it can be loaded onto vessels on the Columbia River or Puget Sound and shipped to Asia.

The projects have been met with strong opposition from various groups concerned about increases in train and vessel traffic, coal dust and climate change.

The conflict between Gateway Pacific developers and the Lummi tribe underscores just how deep opposition can run among Native Americans whose homelands are in close proximity to proposed coal-shipping facilities. For tribes, the stakes include the protection of their treaty fishing rights and the sanctity of their ancestral burial grounds.

One of the boreholes at the Gateway Pacific site was drilled within an area designated as “site 45WH1,” the first documented archaeological site in Whatcom County, about 20 miles south of the Canadian border.

Boreholes are drilled to test the soil composition and geology of a site. In this case, the test was to help determine if the ground at Cherry Point could stand up to 48 million tons of coal moving over it each year.

Government regulators and tribal officials say they were unaware of Pacific International Terminals’ non-permitted work at Cherry Point until a local resident was out walking in the area, saw the activity, and reported it.

Pacific International Terminals said it was an accident. The company had planned to drill 36 more boreholes at the site before their activity was reported.

According to a document the company submitted to the Army Corps of Engineers four months prior to the non-permitted activities at the site, Pacific International Terminals knew the exact location of site 45WH1 and had said that “no direct impacts to site 45WH1 are anticipated as the project has been designed to avoid impacts within the site boundaries.”

In the document the company said that to mitigate potential impacts it would have an archaeologist on hand for any work done within 200 feet of site 45WH1. The company also acknowledged that it needed an “inadvertent discovery plan” in case human remains or other artifacts were uncovered, and that it would be required to consult with the Lummi tribe under Section 106 of the National Historic Preservation Act before any work could begin at the site. Pacific International Terminals did none of those things.

“By going ahead and doing it illegally and then saying, ‘oh sorry,’ but actually having the data now, it allows them to start planning now,” said Knoll Lowney, one of the lawyers who represented the Bellingham-based environmental group RE Sources in its lawsuit against the terminal’s backers. “That way if they get their permits someday they’re ready to build right then.”

Pacific International Terminals and its parent company, SSA Marine, declined repeated requests for an interview; Bob Watters, senior vice president of SSA Marine, emailed this statement:

“We sincerely respect the Lummi way of life and … their cultural values. Claims that our project will disturb sacred burial sites are absolutely incorrect and fabricated by project opponents. We continue to believe we can come to an understanding with the Lummi Nation regarding the Gateway Pacific Terminal.”

Site 45WH1

Cherry Point and the waterways surrounding it are a culturally significant place for the Lummi Nation and other tribes. Ancestors of the Lummi peoples hunted, fished and buried their dead at Cherry Point for more than 3,000 years. And there is no shortage of archaeological evidence to prove it.

45WH1, a small section of Cherry Point, just 50 by 500 meters in size, is the most extensively studied archaeological site in Whatcom County. The location is not shared publicly because it is spiritually important to the tribe and they are afraid of people looting the site.

Western Washington University Faculty Herbert Taylor and Garland Grabert conducted seven separate field excavations at the site between 1954 and 1986.

Western Washington University Anthropology Professor Sarah Campbell. (Ashley Ahearn)

Both archaeologists have since died. Sarah Campbell, a professor of anthropology at Western Washington University, has studied the artifacts from 45WH1 since the late 1980s. It is a large collection, filling 150 boxes and includes harpoon points, shells, amulets, lip ornaments, reef net weights, beads, jewelry, blades and bone and rock tools, among other things.

Cherry Point is an area rich in potential for future research, Campbell says as she sorts through boxes filled with tiny plastic bags, each one labeled “45WH1.”

The area was used not only to hunt and fish, but also to manufacture reef net weights made of stone, which suggests permanent residence at the site. Campbell and others believe the site was used extensively over a long period of time, spanning from 3,500 years ago until relatively recently.

Arrow point found at site 45WH1. (Ashley Ahearn)

The Lummi signed a vast majority of their traditional land away in a treaty with the federal government in 1855. A portion of their traditional land known today as Cherry Point was taken at a later date; the tribe has disputed whether this was done lawfully. It is now owned by SSA Marine and Pacific International Terminals.

“That’s one of those things that makes Cherry Point important is it has a long time span,” she says. “And it provides the chance to see the changing use over time. The chance to do those comparisons through time is really important and useful.”

The Western Washington University collection also includes human remains, and Campbell believes that there are more Lummi ancestors buried at Cherry Point.

“It would be highly, highly, highly unlikely that there are not human remains in unexcavated areas of the site,” she cautions. “It’s absolutely prudent to assume that there are.”

‘My People’s Home’

From the deck of his fishing boat, the God’s Soldier, Lummi tribal council member Jay Julius looks to the shore of Cherry Point. He says that, for the Lummi, the spiritual and cultural value stretches far beyond the boundaries of site 45WH1.

“I see this as my people’s home. I can envision it,” Julius says quietly. “I know what’s there now.”

Reef net weights, carved from the rocks of Cherry Point. (Ashley Ahearn)

Julius cites Pacific International Terminals’ unpermitted activity at Cherry Point as a major source of tribal opposition to the Gateway Pacific Terminal.

“When I come out here, it’s all that’s on my mind—is what took place here at Cherry Point when these guys bulldozed over it and called it an accident,” he said. “It’s obvious. It doesn’t take a genius to figure it out.”

Despite the fact that the Lummi tribal council asserted its “unconditional and unequivocal” opposition to the Gateway Pacific Terminal in a letter it sent to the Army Corps of Engineers on July 30, the Lummi chose not to take part in the civil suit brought by RE Sources.

That, the group’s attorney Knoll Lowney said, would have strengthened the environmental group’s case against Pacific International Terminals and SSA Marine. The Lummi had standing in a civil court because they could have demonstrated that they were harmed, culturally and spiritually, by Pacific International Terminal’s unpermitted activity at Cherry Point.

“If they don’t take part in the legal process, they’re weakening themselves. They’re throwing away their weapons,” said Tom King, an expert on the National Historic Preservation Act who served on the staff of the federal Advisory Council For Historic Preservation in the 1980s.

The council oversees the permitting of projects that could affect places of historic and archaeological significance, like the Gateway Pacific Terminal.

It is unclear why the Lummi decided against participating in the environmental lawsuit. Diana Bob, attorney for the Lummi, declined to be interviewed for this story.

King said Pacific International Terminals’ non-permitted drilling and disturbance at Cherry Point could put approval of the Gateway Pacific Terminal at risk because the company skirted the requirements of the so-called “106 process” under the National Historic Preservation Act.

“I think the Lummi have a very strong case,” he said. “The site, the area, the landscape—they can show that it’s a very important cultural area and permitting the terminal to go in will have a devastating effect on the cultural value of that landscape.”

The Army Corps of Engineers is now working on finalizing what’s called a “memorandum of agreement” between Pacific International Terminals and the Washington State Department of Archaeology and Historic Preservation. The Army Corps says the document, which was obtained by EarthFix and KUOW under the Freedom of Information Act, will serve as a retroactive permit.

The Lummi Nation refused to sign the memorandum or accept the $94,500 that was offered as mitigation.

For now, the coal terminal backers are being allowed to move ahead with the permitting process. But that doesn’t mean the larger questions have been resolved around how compatible a coal export terminal is at a location where local Native Americans have lived for millennia.

The tribe and historical preservation officials with the state and federal governments have written letters to the Army Corps objecting to its decision limiting the geographic area studied to determine the potential for damage to archeological resources at Cherry Point—another point of contention as the review continues.

Video: Tribe, Landowners Work Together to Restore the Dungeness River Valley

Source: Northwest Indian Fisheries Commission

“Working for the River: Restoring The Dungeness” is a new film from Jamestown S’Klallam Tribe about the tribe and landowners’ collaborative work on Dungeness River in Sequim. It was produced by the tribe and Mountainstone Productions and funded by the U.S. EPA.

Working for the River – Short version from Al Bergstein on Vimeo.