WINDOW ROCK, ARIZONA – On Thursday Navajo Nation President Ben Shelly signed legislation enacting the Navajo Energy Policy of 2013 during a signing ceremony in his office. The policy will allow for the Navajo Nation to have direction and guidance for energy development and other initiatives.
For three years, President Shelly has been advocating to update the Navajo Energy Policy, which was created in 1980.
“I want to thank the Navajo Nation Council for the cooperation and the spirit of working together to pass the energy policy. It’s been a long journey. Much work from both branches of government went into today’s ceremony. Now we can move ahead with our future of renewable and non-renewable energy,”
Navajo Nation President Shelly said before he signed the legislation.
President Shelly also signed legislation allocating about $4.1 million to Navajo Transitional Energy Company (NTEC) and a third legislation that changed the operating policies of NTEC.
“This is a great day for the Navajo Nation,”
President Shelly said after he signed the documents.
For three years, President Shelly has been advocating to update the Navajo Energy Policy, which was created in 1980. The Energy Advisory Committee that was chaired by Fred White, Natural Resources division director, created the updated Energy Policy and submitted the policy to the Navajo Council to initiate the legislative process.
“I am happy the Council passed the Energy Policy,”
White said shortly after the legislation passed earlier this week.
Navajo Council Speaker Johnny Naize, who sponsored the bill, called the Energy Policy.
“a basic framework for which our Nation can work with other entities to effectively use our resources for energy development.”
In addition, President Shelly has stated the Energy Policy puts the Navajo Nation in a better position to advocate for funding from federal sources for energy studies, projects and other programs.
The legislation pertaining to NTEC allocated $4.1 million to the company for costs relating to start up and expenses acquired during the due diligence investigation related to the acquisition of the Navajo mine.
The other legislation amends the operating policies for NTEC.
By Terri Hansen, Indian Country Today Media Network
A visually stunning Pendleton blanket with a distinctive, contrast-driven look subtly blends black and white to create rich gray tones that appear both heathered and color-blocked throughout the design is the fruit of Nike’s collaboration with Pendleton Woolen Mills.
The Nike N7 Blanket is part of the new Nike N7 Holiday 2013 Collection. A portion of the proceeds from its sales will benefit the American Indian College Fund, the nation’s largest private provider of scholarships for American Indian students.
When sketching out the initial artwork for the blanket, Nike N7 Collection Designer Derek Roberts looked to traditional Native American dress for inspiration, specifically how patterns work together to create a garment. He started at the bottom of the blanket, with a smaller pattern of arrows that repeats and grows in scale towards the center and is a mirror-image pattern from top to bottom. Roberts also took visual inspiration from Nike Flyknit, with the PWM Nike N7 Blanket’s woven wool fabric mixing to create unique color tones and shapes. Adding a unique twist to the traditional Pendleton Woolen Mills blanket designs that often feature a multitude of colors, Roberts made the decision to use only black and white.
“The goal with the artwork for the Nike N7 Pendleton Woolen Mills (PWM) Blanket was to bridge the gap between heritage-based, traditional style and current trends in a way that would inspire the entire Nike N7 Holiday 2013 collection,” Roberts told Indian Country Today Media Network.
The center of the blanket design prominently features the Nike N7 mark—three arrows pointing back to signify past generations, three arrows pointing forward to signify future generations, and arrows in the center to represent the current generation. The arrows sometimes appearing as triangles or other shapes, convey both movement and balance. The blanket is reversible for a positive/negative visual effect, with a black base on one side and white on the other, and includes the iconic blue Pendleton Woolen Mills badge with black and cream Nike N7 label. Soft wool is featured on the white side.
The PMW Nike N7 Blanket retails for $298 USD, with a portion of the proceeds to benefit the American Indian College Fund, which has been “Educating the Mind and Spirit” of Native people for nearly 25 years, providing an average of 6,000 scholarships annually. The College Fund also supports the nation’s 34 accredited tribal colleges and universities located on or near Indian reservations.
Four other styles in the Nike N7 Holiday 2013 Collection were inspired by the Nike N7 Pendleton Woolen Mills blanket artwork.
The PWM N7 Graphic Tee (Courtesy Nike)
The PWM N7 Windrunner Jacket – Elements from the blanket design inspire the decorative sleeves on the iconic Nike Windrunner Jacket for a neutral yet strong and modern look that is rooted in traditional values. Embroidery stitching is featured on the sleeves and the N7 logo is both inside the jacket and on the chest. The jacket also features reflectivity for visibility. Suggested Retail Price: copy00 USD.
The PWM N7 Graphic Tee – On the men’s and women’s Nike N7 Graphic Tee, the scale of the blanket pattern is exaggerated and placed on the shoulder of the men’s and waist of the women’s tee for a dynamic and distinct look. The white-on-black graphic is comprised of small lines that relate back to the actual fibers of the blanket to create a fade effect. Both tees also include decorative stitching. Suggested Retail Price: $34 USD.
The PWM N7 Air Force 1 High & PWM N7 Roshe Run – For the men’s Nike N7 Air Force One and women’s Nike N7 Roshe Run, a lighter wool fabric was created by Pendleton Woolen Mills that features a representation of the pattern on the bottom of the blanket. The neutral patterned fabric creates contrast with the solid black upper of both styles. Suggested Retail Price for the PWM N7 Air Force I High: copy35 USD. Suggested Retail Price for the PWM N7 Roshe Run: $85 USD. The Nike PWM N7 Blanket is available at Nike.com and Pendleton-USA.com.
The PWM N7 Windrunner Jacket, PWM N7 Air Force 1 High and PWM N7 Roshe Run, as well as additional styles from the Nike N7 Holiday 2013 Collection, will be available beginning October 26 at Nike.com, Nike and Foot Locker locations across the United States and Canada. Mercer will also feature the Nike N7 Pendleton Woolen Mill fabric for a limited time as part of its bespoke offerings.
The Nike N7 collection of apparel and footwear supports the N7 Fund and its mission to inspire and enable two million Native American and Aboriginal youth in North American to participate in sport and physical activity. The N7 Collection highlights the N7 philosophy—In every deliberation we must consider the impact of our decisions on the next seven generations—and also embodies Nike’s Considered Design ethos to create performance product engineered for superior athletic performance and lower environmental impact.
Since the Nike N7 collection launched in 2009, more than $2 million has been raised for Native American and Aboriginal youth sport programs through the N7 Fund. Nike N7 and the N7 Fund are aligned with Designed to Move, a growing community of public, private and civil sector organizations (including Nike) dedicated to ending the growing epidemic of physical inactivity. For Nike N7 Collection retail locations and for more information about Nike N7, visit NikeN7.com, or follow Nike N7 on Facebook and @NikeN7.
Pendleton is recognized worldwide as a symbol of American heritage, authenticity and craftsmanship. With six generation of family ownership since 1863, the company celebrates 150 years of weaving fabric in the Pacific Northwest in 2013. Inspired by its heritage, the company designs and produces apparel for men and women, blankets, home décor and gifts. Pendleton is available through select retailers in the U.S., Canada, Europe, and Asia; Pendleton stores; company catalogs and direct-to-consumer channels including the Pendleton website, http://www.pendleton-usa.com.
Construction Starts Next Month; Completion Set for December 2014
Expanded casino An artist’s drawing shows what the Red Wind Casino will look like once a $45 million expansion project is completed. Work is set to begin in November on the project, which will add 42,700 square feet of floor space to the casino, including a non-smoking section. The project will be completed in December 2014.
OLYMPIA, WA – A $45 million expansion of the Nisqually Red Wind Casino will bring 70 new jobs to the area and will continue to fuel a significant economic expansion that has occurred within the Nisqually Indian Tribe in the last year, said Cynthia Iyall, chair of the Nisqually Tribal Council.
Construction is set to begin on the casino expansion project next month and will be completed by December 2014. In all, 42,700 square feet of gaming space will be added to the current 95,000-square-foot structure. A remodeling of the parking structure will add 600 spots. The expanded space will include a smoke-free casino.
Only about 1 percent of the roughly 400 employees at the casino are members of the Nisqually Tribe, Iyall said. Many of the tribe’s 766 members are employed in tribal government positions; there are about 300 such positions.
“We rely on the surrounding community for employment, and it seems to be a good partnership,” Iyall said.
The remodeled and expanded casino will carry on with a natural elements theme begun with the construction of the Tribal Center. That building’s roof is curved to
reflect the back of a fish and the flowing Nisqually River. The old tribal building behind it is being remodeled with a pitched roof, which is reflective of a mountain, Iyall said. The upgraded casino building will incorporate grass-like elements because the Nisqually Tribe’s historic name, Schally-Absch, means people of the river and people of the grass country, Iyall said.
The original casino, which was built in 1997, is the tribe’s economic engine, Iyall said, and revenues from that business have allowed the tribe to expand its economic presence in the region. Four new tribal businesses have opened within the past year alone. The tribe has a new construction company called Nisqually Federal WHH Construction.
The tribe opened a seafood processing plant, called She-nah-num Seafood, in Tumwater about six months ago. Tribal fishermen sell their catch to the plant, which processes it and prepares it for retail sale. Then the seafood is purchased by casinos, buffets and fine-dining restaurants up and down the coast.
The tribe has also opened two convenience stores, the Nisqually Market in Lakewood and the Nisqually Market Express in the Nisqually Valley near Interstate 5. Both of those have opened within the past year, Iyall said.
“We utilize our gaming as a springboard to get into other types of businesses for the tribe,” Iyall said. “It is the engine of our economic development. With a portion of these funds, we have been able to diversify our economy on and off the reservation, strengthening our sovereignty and building the tribe for the future.”
The money generated from those jobs brings security into tribal homes, Iyall said. There are just so many positives from the casino operation, she added, and the expansion will help spur future economic growth.
The casino earnings will also help fuel an upgrade of the convenience store on the reservation, the Rez-Mart. That project will begin soon and will add products and services, including perhaps a post office and office space, Iyall said.
In addition to these projects, the tribe is also extending its wastewater treatment system and is building a public safety complex, according to a statement provided by Iyall.
“The Nisqually Tribe is investing in the future,” Iyall said in that statement. “The tribal council wants to provide long-term opportunities for our members and their families — opportunities for good jobs, good health care, good homes and good education. We especially want to provide quality care for our elders.”
The tribe contributes more than $1 million each year from casino revenues to charitable and nonprofit organizations and local governments that extend the benefits of the operation into the surrounding communities, according to the statement. The current casino boasts three restaurants, 975 video lottery terminals and an assortment of gaming tables.
The tribe’s Medicine Creek Enterprise Corp. manages the casino. That corporation is chaired by John Simmons.
“We’re proud of the casino’s success,” Simmons said in the statement, “and we welcome the opportunity to keep growing, to keep generating income and to benefit our members.”
Korsmo Construction will be the general contractor for the expansion, according to a statement. That is the same company that built the new Tribal Center across the street from the casino. KMB Designs is the architect for the project.
Today’s casinos of flashing lights and slot machines in smoke-filled rooms attract high rollers and bad losers. Many see casinos as a lucrative business for Native American reservations — but does this myth of money-making match reality?
Twenty-five percent of the U.S. population aged 21 and over visited a casino and participated in gambling in 2010. In that year alone, U.S. casinos enjoyed revenues of $34.6 billion, according to the American Gaming Association.
It’s a common assumption that the gaming industry is a cash cow for Native Americans, especially since the U.S. Supreme Court ruled in 1976 that as part of tribal sovereignty, state tax and regulatory laws do not necessarily apply to Native Americans living on reservations.
Tribal sovereignty refers to tribes’ right to govern themselves, define their own membership, manage property, and regulate tribal business and relations while recognizing a government-to-government relationship with states and the federal government. But despite tribes’ independence and exemptions, the Native American population as a whole comprises the minority living with the largest disparities in health, education and income in the United States.
The unemployment rate on some reservations can reach as high as 75 percent, with nearly 10 percent of all Native families being homeless. For some of those families who do have homes, they may lack electricity or running water, Liberation news reports.
Gaming has helped raise tribal communities out of poverty by providing funds for housing, schools, health care and education, as well as stable jobs for community members, but according to the Native American Rights Fund, of the estimated 560 federally recognized American Indian nations, only 224 are involved in gaming. Tribes who are geographically located on rural, unpopulated land may never take part in the industry, while those who reside near major urban areas benefit the most from gaming operations.
Can tribal sovereignty exist within a city?
The Fond du Lac Band of Lake Superior Chippewa not only has a casino on its reservation in northern Minnesota, but one that is located 20 miles to the east in downtown Duluth. With the “Fond-du-Luth” casino establishment located outside of the reservation, issues pertaining to tribal sovereignty and gaming revenues are currently being disputed by city leaders.
The Minneapolis Star Tribune reports that because Fond-du-Luth is outside the reservation, a 1994 agreement was enacted, stating that the casino would pay a 19 percent “rent” of its gross income for 25 years and an unspecified rate for the following 25 years to the city in exchange for services. This provided Duluth with around $6 million income annually from the Fond du Lac band, but in 2009, the band stopped paying.
Karen Diver, chairwoman of the Fond du Lac band, said payments were halted when it began questioning the legality of the agreement. After asking the National Indian Gaming Commission to review the 1994 consent agreement, it found the agreement violated the Indian Gaming Regulatory Act, which requires tribes to have “sole proprietary interest” for tribal casinos.
The band negotiated a payment-per-services model, covering services like law enforcement and fire protection, but a U.S. District Court judge ruled this month that $10.4 million is owed from the Fond du Lac band’s halted payments from 2009 to 2011, which the band might be able to appeal.
The issues that arose in Duluth were similar to those when New York Gov. Andrew Cuomo (D) was onboard for a plan to build casinos under the Seneca Nation in Rochester and other areas upstate.
Initially, like Fond-du-Luth, there was discussion of the state government receiving a negotiated piece of the casino’s gross intake, but the sovereignty issue again posed question.
“How could you put a sovereign nation in the middle of your downtown?” said Lovely Warren, Rochester city council president.
Steve Siegel, formerly of the College of Hospitality and Tourism Management at Niagara University, told Rochester City Newspaper that most of the time, when a tax-exempt casino is placed on what is claimed to be sovereign land within an urban setting, all of the gain goes to the casino complex.
“Local businesses are devastated because they can’t compete with this massive nontaxable entity,” Siegel said.
Native Americans are still Americans
Although the casino institutions themselves are not federally taxed, in 2006 the IRS issued a bulletin stating that individual Native Americans, especially those living outside of a reservation, are still subject to federal income tax every year.
More than seven in ten Native Americans and Alaska Natives now live in metropolitan areas, and 27 percent live in poverty, according to the Census Bureau.
The bulletin states:
“While there are numerous valid treaties between various Federally Recognized Indian Tribal Governments and the United States government, some of which may contain language providing for narrowly defined tax exemptions, these treaties have limited application to specific tribes … Taxpayers who are affected by such treaty language must be a member of a particular tribe having a treaty and must cite that specific treaty in claiming any exemption. There is no general treaty that is applicable to all Native Americans.”
Even so, many Native American families subject to treaties are still not exempt from taxes. The IGRA has provisions that permit tribes to make per-capita distributions from gaming activities to tribe members and the community. But according to the bulletin, “Under the Indian Gaming Regulatory Act, any distribution of casino gaming proceeds to individual tribe members is also subject to federal income tax.”
Essentially, Native Americans are living in a nation where the majority of its population is struggling to make ends meet. They face taxes and economic strife while trying to support their families. Some may sit more comfortably than others, but the late-night hours from visitors at the slot machines or blackjack tables don’t quite live up to the dream.
ARLINGTON — The Angel of the Winds Casino, which drew more than 1 million visitors last year, has announced plans to add a $20 million, 125-room hotel.
Construction is scheduled to last 14 months. “I would like to see a grand opening maybe on New Year’s Eve of 2014,” said Travis O’Neil, the casino’s general manager, on Wednesday.
The casino, which opened in 2004, is one of the last along the I-5 corridor to add a hotel, he said.
The five-story hotel will make the casino a destination rather than just a day-trip site, he said. “It’s something the guests have been asking for for quite a while.”
The project also will add more than 100,000 square feet onto the casino and include a new gift shop, smoke shop and drive-up entryway.
Bellingham-based Exxel Pacific has been selected as the project’s general contractor.
Plans for the hotel have been under consideration for the past 18 months, O’Neil said. Casino staff went to members of the Stillaguamish Tribe to see “what we could do and what we could afford,” he said.
The hotel doesn’t aim to be a copy of the five-star, 370-room Tulalip Resort Casino, O’Neil said. Instead, he said, it will fit the character of the casino, known by its advertising tagline, “The World’s Friendliest Casino.”
Room prices will be in the $100- to $120-a-night range with plans to offer promotional packages with discounts on those rates, O’Neil said.
Groundbreaking for the project is scheduled for 10 a.m. Friday. Workers erected a fence around the construction site on Monday.
That has greatly reduced the parking on the south side of the casino, but parking on its north side hasn’t been affected. Shuttles are available to help people navigate the area, O’Neil said.
The casino is expected to hire an additional 50 employees to work at the hotel.
“We are truly blessed to have an opportunity to add a hotel to our facility and provide more services to our guests,” Shawn Yanity, chairman of the Stillaguamish Tribe, said in a statement. “Not only are we growing our tribal economy, but growing the local economy too by increasing job opportunities and tourism.”
The last major expansion at the casino, at 3438 Stoluckquamish Lane, was in 2008, a $44 million project that tripled the size of its gaming area.
Click image to watch video or listen to interview.
Oct. 23, 2013
PBS NEWSHOUR
The Pacific Northwest is known for its seafood, but when algae blooms in coastal waters, it can release toxins that poison shellfish and the people who eat them. Katie Campbell of KCTS in Seattle reports on the growing prevalence and toxicity of that algae, and how scientists are studying a possible link to climate change.
Transcript
HARI SREENIVASAN: Next to the West Coast, where algae has been poisoning shellfish and subsequently people.In recent years, toxic algal blooms have been more potent and lasted longer.That has scientists trying to understand whether climate change could be contributing to the problem.
Our report comes from special correspondent Katie Campbell of KCTS Seattle.She works for the environmental public media project EarthFix.
KATIE CAMPBELL, KCTS:Every family has its legends.
For Jacki and John Williford and their children, it’s the story of a miserable camping trip on the Olympic Peninsula in the summer of 2011.It all started when the Willifords did what Northwest families do on coastal camping trips.They harvested some shellfish and cooked them up with garlic and oregano.
JOHN WILLIFORD, father:Oh, they were amazing.I was like, wow, these are pretty much the best mussels I have ever eaten.And I think I said in a text to Jacki.
JAYCEE WILLIFORD, daughter:They were the best mussels in the whole wide world.
JOHN WILLIFORD: Is that what you said?Yes.
KATIE CAMPBELL: Two-year-old Jessica and 5-year-old Jaycee were the first to get sick.Next, John got sick.
JACKI WILLIFORD, mother:They just were so violently ill, and I just knew it had to be the mussels.And that next week, I called the health department and said, I think we got shellfish poisoning or something from the shellfish.And that’s when all the calls started to come in.
(LAUGHTER)
KATIE CAMPBELL: It turned out that Willifords were the first confirmed case in the United States of people getting diarrhetic shellfish poisoning.DSP comes from eating shellfish contaminated by a toxin produced by a type of algae called Dinophysis.
It’s been present in Northwest waters for decades, but not at levels considered toxic.
NEIL HARRINGTON, Jamestown S’Klallam Tribe:It’s unfortunate to discover you have a new toxin present by people getting ill.
KATIE CAMPBELL: Neil Harrington is an environmental biologist for the Jamestown S’Klallam Tribe in Sequim, Washington.Every week, he collects water and shellfish samples from the same bay where the Willifords harvested mussels two summers ago.He tests for Dinophysis and other naturally occurring toxins in shellfish.
NEIL HARRINGTON: Shellfish are filter feeders, so they are filtering liters and liters and liters of water every day.If they are filtering phytoplankton that is a little bit toxic, when we eat the shellfish, we’re eating essentially that — that toxin that’s been concentrated over time.
KATIE CAMPBELL: A number of factors can increase the size and severity of harmful algal blooms.As more land is developed, more fertilizers and nutrients get washed into waterways.It’s a problem that has also hit Florida and the Gulf of Mexico as well.
NEIL HARRINGTON: The more nutrients you add to a water body, the more algae there is, and the more algae you get, the more chance that some of those algae may be harmful.
KATIE CAMPBELL: But on top the local problem of nutrient runoff is the larger issue of global warming.Scientists believe the increase in prevalence and toxicity of Dinophysis is linked to changing ocean chemistry and warming waters.
STEPHANIE MOORE, National Oceanic and Atmospheric Administration:There’s a whole lot of changes that are occurring in Puget Sound, and not — and they’re not occurring in isolation.And that’s the challenge for scientists.
KATIE CAMPBELL: Stephanie Moore is a biological oceanographer for the National Oceanic and Atmospheric Administration.She studies Puget Sound’s harmful algae.Most algal blooms here occur during warmer weather.
Because climate change is expected to raise temperatures in the coming decades, Moore says that could directly affect when and where harmful algal blooms occur.
STEPHANIE MOORE: We’re going to have to look for these blooms in places and during times of the year when, traditionally, we haven’t had to worry about them.Their impacts could then span a much larger time of the year, and that could cost a lot more money in terms of the effort that needs to go into monitoring and protecting the public from the toxins that they produce.
KATIE CAMPBELL: Washington has one of the most advanced algae and shellfish testing systems in the country.It’s in part because of the state’s 800 miles of shore and its multimillion-dollar shellfish industry.
Today, Moore is testing a new piece of equipment that has the potential to raise the bar even higher.The environmental sample processor, or ESP, automatically collects water from a nearby shellfish bed, analyzes the samples, and sends Moore a photograph of the results.
STEPHANIE MOORE: This is a huge advancement in our ability just to keep tabs on what’s going on, and in near real time.It’s amazing.
KATIE CAMPBELL: Moore says she hopes that, next year, the ESP will be equipped to monitor for Dinophysis, the toxin that caused the Williford family to get sick.
In the meantime, Jacki Williford says she will continue to be extremely wary of eating shellfish.
JACKI WILLIFORD: I think it’s scary because you just — you just don’t know what you’re getting anymore in food.
KATIE CAMPBELL: As for the rest of the family, well, not everyone has sworn off mussels.
JOHN WILLIFORD: It doesn’t change a thing for me.
(LAUGHTER)
JACKI WILLIFORD: For him.
(LAUGHTER)
HARI SREENIVASAN: Jaycee might keep eating mussels, but the high levels of toxins have forced the Washington State Department of Health to shutdown shellfish beds in six counties around the Puget Sound.
To create what the adviser calls a “beautiful opportunity to heal,” the Coconino County Jail near Flagstaff, Ariz., is getting ready to rebuilt its sweat lodge for Native inmates.
Andrew Knochel of the Arizona Daily Sun has the story:
The jail houses around 500 people, about half of them are Native Americans, and many inmates, along with advocacy groups, have asked the sheriff to build a sweat lodge.
The structure will be ready for use later this year. Each inmate will be allowed to use the sweat lodge about once every three months.
“This is a great opportunity that the sheriff and the staff are providing for the inmates here,” (Kevin Long, Navajo spiritual adviser said.) “It’s a really beautiful opportunity for healing to happen.”
The Coconino County Jail had established a sweat lodge in 2001 but discontinued its use a few years later because smoke was getting into the jail’s air ventilation. The new structure and fire pit will be located farther from the jail.
The yard where the sweat lodge will be placed currently has a hogan, a traditional Navajo structure, that is used for other religious ceremonies.
Long said sweat lodges mean different things to different religions and practices. When he enters a sweat lodge, he seeks balance — to center his mental, emotional, physical and spiritual identity.
“We bring those four back together to create a whole human,” he said. “We believe it takes all four of those to be whole.”
The four cycles of ceremonies help people rebalance and recenter themselves to get their lives back on a good path, he said.
Jim Bret, program coordinator of detention services, compared sweat lodge experiences to other volunteer-driven programs that help inmates, such as Bible studies or educational programs.
“Any program is important,” Bret said. “It gives the inmates something to do, and it gives them motivation, it gives them hope.”
American Indians and others who oppose the southern leg of the Keystone XL pipeline have lost their last legal battle, enabling TransCanada to finish the project by year’s end.
While the northern part of the Keystone XL pipeline has been held up by controversy, the protests against the southern portion, known as the Gulf Coast Pipeline, have been to no avail. On October 9 a split federal appeals court upheld a lower court’s refusal to stop the pipeline’s construction because an injunction to stop construction, which is what the opponents sought, “would cost [TransCanada] at least hundreds of thousands of dollars per day,” the U.S. Tenth Circuit Court of Appeals said in its ruling.
TransCanada has already spent at least $500 million on the 485-mile pipeline, which is expected to transport 700,000 gallons of crude oil daily from Cushing, in central Oklahoma, to Gulf Coast refineries.
The controversial Keystone XL extends through Sac and Fox territory. Other Oklahoma tribes that have spoken out about the pipeline’s impact on tribal patrimony include the Caddo, Choctaw, Southern Ponca and Pawnee, though none is party to the lawsuit.
The southern XL extension was formerly part of the full TransCanada XL pipeline, traversing some 1,700 miles of western and Midwestern states in its transnational route from Canadian tar sands, but vigorous opposition from Indian people, especially in northern areas, has delayed approval of the full section. The northern part must be approved by the U.S. Department of State, because it crosses an international line between Canada and the United States. The southern leg, purely domestic, was able to go ahead, despite a lack of thorough environmental reviews.
The Sierra Club and other plaintiffs had sought an injunction against the U.S. Army Corps of Engineers, which had signed off on numerous permits so that TransCanada could move ahead. TransCanada proceeded even though the Corps had to issue 2,227 permits for water crossings, with minimal environmental review.
“Considering the number of permits issued by the Corps relative to the overall size of the Gulf Coast Pipeline, it is patently ludicrous for appellees to characterize the Corps’ involvement in the subject project as minimal, or to maintain that the Corps’ permitting involves only a ‘link’ in the Gulf Coast Pipeline,” said dissenting District Judge William Martinez in the October 9 Tenth Circuit ruling.
But the other two members of the three-justice panel in the federal appeals court, Circuit Judges Paul Kelly and Jerome Holmes, both said that financial harm can be weighed against environmental harm and in certain circumstances outweigh it.
The Sierra Club had alleged violations of the National Environmental Policy Act (NEPA), Clean Water Act and Administrative Procedures Act and contend that the pipeline constitutes a “major federal act” that requires NEPA analysis leading to a “hard look” at possible impacts.
“Congress Must Act Immediately To Provide Rapid Recovery For Our Tribes And Work To Ensure That Political Gamesmanship And InactivityDoes Not Harm Native Peoples Again.”
Source: National Congress of American Indians
LaCONNER, WA- In his first statement after being sworn in as the 21st president of the National Congress of American Indians (NCAI), Brian Cladoosby – Chairman of the Swinomish Indian Tribal Community – called for reduced thresholds for federal tribal disaster assistance and challenged Congress to prioritize Native peoples in the post-shutdown legislative calendar, including acting on the Farm Bill:
“As I begin my term, my thoughts and prayers are with the South Dakota tribes. The Oglala Sioux and Cheyenne River Sioux Tribes have been devastated by the recent storm that swept the Great Plains – and the federal government failed, again, to maintain treaty agreements that ensure disaster relief is provided when citizens are in distress. When the federal government neglects citizens in times of emergency, the effects can be long term.
Tribes are now eligible for federal disaster assistance under the Stafford Act, however the high monetary damages threshold hampers impoverished areas because what is lost by low-income citizens often does not meet the required amount. The federal government has a fiduciary duty to protect tribal citizens but without changes to the threshold, tribal citizens will continue to suffer from the consequences of disasters.
The immediate problems caused by collapsing homes and widespread loss of livestock are only the beginning. Tribal ranchers and farmers in South Dakota will feel the economic impact of this storm for years to come as they will now have to rebuild their livelihoods from scratch. Allowing the current Farm Bill to lapse without action, coupled with the government shutdown, meant that support systems at the Department of Agriculture were unavailable to Native farmers and ranchers during this terrible storm. These failures of Congress prolong the claims process and inhibit Native food production and economic development. Further, with no Farm Bill and the lack of government funding for food assistance programs, many tribal citizens were left without access to food all while these vital programs are used as political bargaining chips. No one – especially our tribal citizens most in need – should ever have to go without food while being used as pawns in the lawmaking process.
Congress must pass a Farm Bill that will support tribal nations and others around the country who are in dire straits and it must keep nutrition programs with farm policies because there should never be a disconnect between food production and feeding people. Congress must act immediately to provide rapid recovery for our tribes and work to ensure that political gamesmanship and inactivity does not harm Native peoples again.”
About The National Congress of American Indians:
Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information visit www.ncai.org
