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Cherokee Nation Provides $1.3 Billion Impact on Oklahoma Economy

Cherokee Nation Principal Chief Bill John Baker is joined by Oklahoma Lieutenant Governor Todd Lamb for economic impact announcement.

TULSA, OKLAHOMA – Touting the phrase “A strong Cherokee Nation means a strong Oklahoma,” the Cherokee Nation announced on Tuesday the Tribe provides a $1.3 billion economic impact to the state of Oklahoma’s economy.

Tribal officials announced its impact Tuesday during a luncheon with several state, county and local officials at its entertainment flagship property, Hard Rock Hotel & Casino Tulsa.

The research study shows, with the $1.3 billion economic impact, the tribe’s activities directly and indirectly support more than 14,000 jobs and provide more than $559 million in income payments.

“The Cherokee Nation is stronger than ever and, as a result, so is the state of Oklahoma,”

said Cherokee Nation Principal Chief Bill John Baker.

“What is good for the Cherokee Nation is good for everyone in our state. From the number of jobs we provide to the services we administer to the local vendors we put to work, the Cherokee Nation positively impacts the lives of so many Oklahomans. And we’re not going anywhere. Essentially, the Cherokee Nation is a corporate headquarters that will never leave town.”

Since 2010 study, the Tribe has increased its direct economic output to more than $1 billion, which is a 25 percent growth. Cherokee Nation’s direct pay to employees has increased by more than $120 million, resulting in more than $375 million in income payments to its workers. During the same period, direct employment grew by nearly 250, reaching 9,244 employees, including contract workers.

“Cherokee Nation government and business operations continue to offer expanded economic opportunities in northeast Oklahoma,”

said Dr. Russell Evans, executive director of the Steven C. Agee Economic Research and Policy Institute, who authored the report assessing the Cherokee Nation’s economic impact on northeast Oklahoma.

“The tribe’s operations are a critical source of economic strength for the region.”

With its capital in Tahlequah, Oklahoma, the Cherokee Nation provides an array of government services, spurs economic development and provides financial support to the entire region.

Cherokee Nation works alongside county, state and local governments to improve roads and bridges, provide much needed funding to rural schools, ensure communities have good, clean running water and improve access to health care.

Cherokee Nation’s economic development engine, Cherokee Nation Businesses, reported record revenues of more than $715 million during fiscal year 2012. Along with supporting vital government services, the Cherokee Nation reinvests its business profits to create more Oklahoma jobs and further diversify its non-gaming businesses.

Beyond its direct investments, Cherokee Nation supports a number of local, diverse and growing industries that help drive private and public sector partnerships. The tribe assists with child care, career training and development, elder services and contract health. These services, as well as other services, are often met through the private sector and funded by the Cherokee Nation. This impact also comes in the form of goods or services purchased for Cherokee Nation economic activities.

For example, the tribe recently announced a $100 million investment in its tribal health care system, which supports more than a million patient visits each year. This type of activity spurs purchases and subcontracting to many privately owned small businesses throughout the tribe’s jurisdiction.

“It’s very eye opening to people when they begin to understand all the Cherokee Nation does for our state and, specifically, the northeast region,”

Baker said.

“We are extremely proud to support more than 14,000 employees and countless small businesses. As a lifelong small business owner myself, I know how important a strong local economy is and what it means to the people who live here.”

The report was commissioned by the Cherokee Nation and produced by Evans. He and his research team at the Steven C. Agee Economic Research and Policy Institute in the Meinders School of Business at Oklahoma carefully collected and reviewed data to paint an accurate picture of the Cherokee Nation’s impact on the state of Oklahoma.

Google strikes energy deal with Native American firm

Google strikes deal with a small, Native American-owned firm called Chermac Energy, which is developing the Happy Hereford wind farm outside Amarillo, Texas.

Source: USA Today

Google needs a lot of energy to keep its data centers humming around the world. That can get dirty, environmentally, so the the world’s largest Internet search company is trying to get its power from renewable sources.

The latest effort, announced Tuesday, is a deal with a small, Native American-owned firm called Chermac Energy, which is developing the Happy Hereford wind farm outside Amarillo, Texas.

Google said it agreed to buy the entire 240 megawatt output of the wind farm, which is expected to start producing energy in late 2014.

This is Google’s fifth long-term energy agreement like this and its largest so far. The company has contracts for more than 570 megawatts of wind energy – enough to power about 170,000 houses, it noted.

Google can’t use this energy directly in its data centers, but the company gets credit for the renewable energy and sells it to the wholesale market. That’s a contrast to some other parts of the world. In Sweden, Google said it can buy wind energy and use it in its Hamina, Finland data center.

Data centers use a lot of energy, so sourcing power efficiently gives technology companies an edge. In early 2010, Google got a license to trade energy on the wholesale market, which allows the company to buy in bulk, a useful advantage.

Hundreds turn out for Days of Caring

Volunteer Heather Hopingardner mows overgrown grass at the All-Breed Equine Rez-Q for United Way of Snohomish County’s annual Day of Caring.— image credit: Lauren Salcedo — Volunteer Heather Hopingardner mows overgrown grass at the All-Breed Equine Rez-Q for United Way of Snohomish County’s annual Day of Caring.
— image credit: Lauren Salcedo

By Lauren Salcedo, The Marysville Globe

MARYSVILLE — More than 800 volunteers spent their weekends painting fences, cleaning schools, picking up litter and more as part of United Way of Snohomish County’s 20th annual Days of Caring efforts on Sept. 13 and Sept. 14.

In the Marysville and Tulalip areas, volunteers from across Snohomish County visited the Tulalip Boys & Girls Club, All-Breed Equine Rez-Q and Pinewood Elementary to give back to their community by spending two days taking care of much-needed maintenance.

“We found out two weeks ago that we had been chosen for this day of service,” said Dale Squeglia, director of the All-Breed Equine Rez-Q in Tulalip. “It was a surprise. A very nice surprise. United Way is here mowing the lawn, weed-whacking and painting everything. It’s just amazing.”

The All-Breed Equine Rez-Q is a nonprofit that rescues horses from abusive or neglectful situations, and either keeps them on their property to live out their days or looks for appropriate places to re-home them. On Friday, Sept. 13, employees of Crane Aerospace in Lynnwood helped complete yard work, and prepared the rescue’s fences and barns for painting on Saturday, Sept. 14, by Snohomish County Public Utility District employees.

“United Way is already a supporter of us financially and helps us out,” said Squeglia. “This is the first time we’ve had them actually come out and physically help us, so we are very excited.”

Volunteer Sharon Peck was responsible for filling out the application to participate in the Days of Caring.

“We have two armies of people coming out to work all day, both days,” said Peck. “It’s a wonderful opportunity for the people of the community to become aware of our needs, and also to have someone do the work that we don’t have the volunteers to do on a regular basis, and they get to spend a day working outside. Our project was called ‘Four Legs and Two Big Brown Eyes: Helping Snohomish County Horses.’ Nobody could resist that.”

At Pinewood Elementary, representatives from Union Bank and the The Daily Herald newspaper volunteered to sweep the grounds, clean-up flower beds and gardens, pressure-wash playground equipment and pick up litter.

“We all know funds are being cut, and so we are here helping the kids,” said Tiffany Lock-Osterberg of Union Bank, who noted that her company participated in the Days of Caring at Pinewood last year. “We painted the hopscotch areas, helped clean up graffiti and painted a mural. Last year, the kids came out and said, ‘Thank you,’ and even helped out. They did that again this year and that’s really great to see.”

Marysville mayor Jon Nehring visited Pinewood Elementary on Friday, Sept. 13, along with United Way of Snohomish County Vice President Karen Crowley.

“A big part of Marysville is the volunteers,” said Nehring. “As mayor, that means a lot to me, especially to see them out here helping our schools. As a campaign chair for United Way, this is a great way to show what United Way is all about. I don’t think there is any other day of the year that is like this. There are 800 volunteers out in Snohomish County right now. It’s truly amazing to see all the work they are doing.”

Crowley said that the volunteer efforts at Pinewood Elementary specifically helped improve morale at the school.

“We had three companies volunteer here last year, and Union Bank was one of them so it is great to see them back again,” said Crowley. “What touched us is that it seemed that they felt they hadn’t been paid attention to. Last year, students put signs together saying, ‘Thank you,’ and you got a sense of real appreciation from them. There was a mural painted with kids and volunteers, and I remember chatting with a mom who was in tears and she said, ‘We thought our kids were forgotten.’ It was really powerful.”

In Snohomish County, 73 teams participated in 41 projects benefiting 30 different agencies as a part of the annual Days of Caring.

“That’s a total of 3,746 hours, which at the standard economic value for volunteer time — $22.69 per hour — would come up to $85,000,” said Neil Parekh, vice president of marketing and communications for United Way of Snohomish County.

For more information on United Way, and volunteer opportunities in Snohomish County, visit www.uwsc.org.

Rain gardens at Tulalip admin building are decreasing pollution runoff

Admin building rain gardens, expect to see hundreds of blooms next spring.Photo by Monica Brown — Admin building rain gardens, expect to see hundreds of blooms next spring.
Photo by Monica Brown

By Monica Brown, Tulalip News writer

TULALIP, Wash. – The rain gardens at the Tulalip administration building have had a year to flourish, and flourish they have. When you drive through the parking lot you see trees in the garden strips along with some shrubs, but towards the back you can see a spray of green areas that are roped off. Some people are not aware that these roped off garden areas are not weeds, but are native vegetation and they were chosen specifically for their ability to remove pollutants.

“It’s a menagerie, but that’s how it was designed, to be low growing and provide a green landscape that would help filter out the pollutants,” said Derek Marks of Tulalip Natural Resources.

Last year, the Natural Resources department was able to take a few garden areas within the admin building parking lot and turn them into rain gardens. Shortly after it was completed it had been sprayed with herbicides, a major no-no when it comes to rain gardens. “You don’t build a rain garden to manage it with herbicides,” said Derek. “The rain garden themselves filter the pollutants; we’re not supposed to add pollutants to them.”

The gardens contain mainly different species of sedge, rush, woodrush and grass along with western buttercup, great camas and chocolate Lily. This last spring there weren’t many blooming camas or chocolate lily because the time between when they were planted and when they bloom in spring was too short for them to become established.

Chocolate lilyPhoto By Derek Marks — Chocolate lily
Photo By Derek Marks

“We’re expecting a lot more to bloom next spring. You’ll probably see several hundred camas plants out here blooming,” commented Derek, about the shortage of blooms this last spring.

Derek explains that, “the rain gardens are filter strips.” And, “the plants and microbes work hand in hand to break down the pollutants.” They remove toxins, oils and heavy metals that are in water runoff from the parking lot. Without the rain garden the pollutants in the water runoff would make their way out and contaminate the Puget Sound. The possibility of turning other garden strips within the parking area into more rain gardens has come up, but nothing has been decided on as of yet.

This pilot rain garden project was developed by Tulalip’s Natural Resources’, Valerie Streeter and Derek Marks. They caution that although some of these plants are known for being harvestable, these particular plants, and any that may reside in other rain gardens, are not harvestable because they are full of toxins.

Camas bloom Photo by Derek Marks — Camas bloom
Photo by Derek Marks

For those that would like to start their own rain garden, Washington State University and Stewardship Partners have begun a campaign to install 12,000 rain gardens in the Puget Sound area by the year 2016. The website for the campaign has videos to explain the whole process of putting in a rain garden and lists the many resources available to someone interested in installing one. Please visit 12000raingardens.org for more information about rain garden installation.

Seminole Tribe of Florida Expands Juice Business

Source: Native News Network

WINTER HAVEN, FLORIDA – The Seminole Tribe of Florida, Inc., through its growing citrus production business, Seminole Pride, has acquired a majority interest in Noble Food Service, the sales and marketing division of Noble Juice of Winter Haven, Florida.

“Our combined entity offers everything from premium orange juice, which is the standard bearer of citrus juices, to a full array of specialty citrus juices, the fastest-growing segment of the business.”

Said Tony Sanchez, president of the Seminole Tribe of Florida, Inc, the Tribe’s business development arm.

“By joining forces in a sales and marketing operation, Seminole Pride and Noble Juice will create one of the industry’s most extensive line of citrus juices and expand their distribution to more restaurants, schools, hotels, hospitals and catering operators throughout the United States,”

Sanchez said.

Seminole Pride products will now be sold through a broad national network of juice retailers, while Noble Juice will benefit from the minority supplier status of Seminole Pride. The two entities will share profits from future growth.

Citrus juices sold through Noble Food Service include:

Orange
Red grapefruit
Blood orange
Pummelo Paradise
Tangerine
Tangerine guava mango
Tangerine clementine
Organic orange
Organic orange tangerine
Organic grapefruit
Lemon
Lime

Noble Food Service also markets organic apple juice, lemonade, organic lemonade and bottled spring water.

“The Seminole Tribe of Florida and the Roe family share a strong commitment to the sustainability of Florida’s bounty,”

said Quentin Roe, chief executive officer of the Noble companies, including Noble Food Service.

“In addition to responsible growing practices, we both feature eco-friendly containers, including the juice industry’s only 100 percent plant-based bottle and label.”

The Seminole Tribe of Florida, Inc., the business development arm of the Seminole Tribe, is working to diversify its product offerings under the Seminole Pride brand, which currently supplies spring water and beef, in addition to juice. Seminole Pride uses only those oranges that are picked at the peak of maturity to ensure a sweet and delicious juice.

Fruit for Seminole Pride is grown on the Brighton Seminole Reservation and at approved groves throughout Florida. The Seminole Pride business is one example of the Seminole Tribe’s mission to better the lives and livelihoods of all the American Indian peoples.

Tulalip is ready for VAWA

During a visit from White House officials, Valerie Jarrett, Senior Advisor to President Obama, and Chair of the White House Council on Women and Girls, commended Tulalip for all of it’s efforts, both in criminal justice in general and specifically for playing such an impactful role bringing awareness to the plight of Native American women left out by original VAWA.
Photo/Brandi N. Montreuil

By Niki Cleary, Tulalip News

TULALIP, Wash., — “It’s not enough to cry peace, we have to act peace and we have to live peace,” Tulalip Tribal Court’s Chief Judge Theresa Pouley opened a September visit from White House officials with her teachings as a citizen of the Colville Confederated Tribes and as a tribal court judge.

She went on to explain that although talking and planning are necessary to ensure justice, walking the talk is crucial.

“Law and justice is made up of every arm of the tribe,” said Pouley. “Everyone meets once a month and we all pitch in to see what we can do to make the justice system better. A separation of powers doesn’t mean a separation of problems and certainly doesn’t mean a separation of solutions. One of the great things that Tulalip does is collaborate, out of the box, to provide services. That’s the core of the way justice gets done in Indian Country.”

That collaboration, she clarified, along with a history of providing due process beyond the requirements of the law, are just two of the reasons that Tulalip is ready to take over jurisdiction of all cases involving domestic violence. Until now, tribes have had no jurisdiction over domestic violence when one of the parties involved is not a tribal citizen.

“This is a historic moment,” said Pouley. “I want to marvel in the fact that for the first time, tribal courts are given authority over non-tribal [citizens]. We recognize that tribes are in the best position to do it [enforce the Violence Against Women Act], and we can do it better. We’re waiting to be a pilot. We’re ready to go and we can change the face of this community!”

The Violence Against Women Act (VAWA) was originally passed 19 years ago. The re-authorization of the act was delayed by a fight to include provisions protecting Native American women.

President Obama encapsulated the necessity for those provisions during a speech he made while signing the re-authorization.

“Indian Country has some of the highest rates of domestic abuse in America. And one of the reasons is that when Native American women are abused on tribal lands by an attacker who is not Native American, the attacker is immune from prosecution by tribal courts. Well, as soon as I sign this bill that ends.”

Tulalip’s Interim Chief of Police Carlos Echevarria reiterated the importance of tribes having jurisdiction over all domestic violence cases.

“We see up to 75,000 visitors daily,” he pointed out. “We have 13,000 non-member residents, a lot of traffic and a lot of guests. I can’t tell you how frustrating it’s been arresting non-Indians for domestic crimes against members and knowing that nothing was likely to be done.”

Tulalip Vice-Chairwoman Deborah Parker, who has become known nationally as the face of Native women affected by VAWA, put it in even plainer words.

“We shouldn’t have to walk in fear that we’re going to be raped or abused at any age, from infants to our elders. We get these calls daily. Pretty soon, with your help, this will change.”

Although pleased with this expansion of tribal jurisdiction, Echevarria said it can’t be the last step in recognizing tribes rights to police their lands.

“This is a significant achievement to all tribes and another step in creating a safer community,” he said. “We’ll now move on to the next step, full criminal jurisdiction and a reversal of the Oliphant decision.”

Although no decisions or formal announcements came from the day-long tour, Valerie Jarrett, Senior Advisor to President Obama, and Chair of the White House Council on Women and Girls commended Tulalip for all of it’s efforts, both in criminal justice in general and specifically for playing such an impactful role bringing awareness to the plight of Native American women left out by original VAWA. She made a point of thanking Vice-Chairwoman Parker for being willing to relive her painful past, ‘not just one time, but over and over and over again,’ in order to ensure that Native women are protected in the future.

“It’s an exciting time to be here,” said Jarrett. “As we heard from Chief Justice Pouley, you are ready. Now it’s up to our team to step up to the plate.”

Sacred Arizona Site Under Siege Pending House Vote

Source: Indian Country Today Media Network

On Thursday, the House will vote on a bill that would direct the Secretary of Agriculture to convey more than 2,400 acres of U.S. Forest Service land in southeast Arizona to the Resolution Cooper Mining Co. Enactment of the bill would allow Resolution Cooper, dually owed by Rio Tinto Mining and BHP Billiton, to operate a large-scale cooper mine on Oak Flat disrupting sacred tribal grounds.

If passed, this bill referred to as the Southeast Arizona Land Exchange Act, could potentially destroy sacred tribal places of worship by allowing the foreign mining giants to extract one cubic mile of ore from beneath the surface of the earth. The mining companies would extract the ore through an ecologically destructive process called block cave mining.

In 2011, ICTMN reported that Resolution Copper would use controversial block-cave method, in which explosives are set off below the ore body, creating a space underneath and allowing the ore to collapse from its own weight, after which it’s extracted. Opponents fear the method could damage Native American sacred lands, among them the historical Apache Leap, where tribal warriors leaped to their deaths rather than surrender to Arizona soldiers, according to historical accounts like this one.

In a press release, Rep. Gwen Moore (D-WI) urged colleagues to vote “no” on the bill and said that Oak Flat has been a place where Native Americans have prayed, gathered medical herbs and plants, healed in holy perennial springs, and performed religious ceremonies for decades.

“The protection of places of worship is a fight for which we should all be united,” Moore wrote in a press release to her colleagues. “We must stand together to protect places of worship, including tribal sacred sites because these sites are part of the rich heritage and culture of our country and the essence of our moral identies.” She said the bills passage would jeopardize the cultural history of other sacred sites by setting a precedent with regard to federal protection of tribal sites.

The bill was introduced by Rep. Paul Gosar (R-AZ) in February. Last month, Gosar invited the public to a town hall meeting to gage support of his efforts to bring thousands of jobs to Arizona’s Copper Corridor. He said this goal could be achieved if 678 is passed. “Getting this critical jobs bill across the finish line requires Arizonans to rise up and let their voices be heard. Nearly 4,000 jobs and billions of dollars in economic activity are at stake.”

The withdrawal of Resolution Cooper’s controversial block cave mining process is supported by the San Carlos Apache Tribes, local tribes, and some environmentalists.

Arizona Rep. Raúl M. Grijalva (D-AZ)

The project has also been opposed by Arizona Rep. Raúl M. Grijalva (D-AZ) whowrote about his oppositionto the bill saying that he was not opposed to mining, in principle, but said that they should not come at the expense of Native American rights.

ICTMN also reported that the bill would give around 2,400 acres of public land in southeastern Arizona to Resolution Cooper Co. in exchange for around 5,000 acres in several parcels around the state. As it stands, the bill has largely remained the same.

The federal government has acknowledged its obligation to protect sacred tribal grounds, but if the land swap bill passes, Moore said, Oak Bluff would be transferred to Resolution Copper for private ownership, and out of the domain of regulation by federal law.

“People who think money is first over water and land, such as some people in Washington, are destroying the earth and that’s where our argument is,” San Carlos Apache Tribe Chairman Wendsler Nosie, told ICTMN in 2010. “That’s wrong. You cannot do that, and that’s why I’m standing up for this.”

Getting Smart: Arizona State Hires 5 New American Indian Scholars

Source: Indian Country Today Media Network

Arizona State University has added five American Indian scholars in the fields of law, social transformation, American Indian studies, and social and family dynamics.

University President Michael M. Crow said the appointments are examples of how ASU is committed to diversity the school’s recognition of social responsibility.

“As I said in my inaugural speech 11 years ago, Arizona State University will gather and empower a large cohort of scholars focused on American Indian culture and social and economic issues,” Crow said in a release announcing the five new scholars. “The presence of a critical mass of scholars encourages constructive dialogue and the evolution of a given sphere of inquiry. It is all the more essential in a developing field such as American Indian Studies.

“We will encourage scholars from a spectrum of disciplines to offer different perspectives. Teaching and research related to American Indian culture has been underway at Arizona State University for decades but the American Indian Initiative is proving transformational in the development of the field, and confirms the university’s commitment to programs that are socially relevant.”

New faculty include:

Professor Robert J. Miller, an Eastern Shawnee citizen, comes to the Sandra J. O’Connor College of Law from the Lewis & Clark Law School in Portland, Oregon. He’ll teach civil procedure, Indian law classes and a new class focusing on economic development for tribal nations and Indian peoples.

Professor Robert J. Miller (Arizona State University)

Professor K. Tsianina Lomawaima, of Mvskoke descent, comes to the School of Social Transformation from the University of Arizona. Her teaching interests include U.S. Indian policy history, indigenous knowledge systems and research issues in American Indian education.

Professor K. Tsianina Lomawaima (Arizona State University)

Tennelle L. Marley, a member of the White Mountain Apache Tribe, is an American Indian Studies assistant professor and will teach Introduction to American Indian Studies. American Indian health and health policy, sociology of health, sociology of American Indians and qualitative research methods are her areas of expertise.

Assistant Professor Tennelle L. Marley (Arizona State University)

Michelle Hale, an assistant professor, will teach tribal governance, federal Indian policy and Introduction to American Indian Studies within the American Indian Studies program. She is Laguna, Ojibwe, Odawa and a citizen of the Navajo Nation. Her areas of expertise lie in tribal governance and leadership, public policy, economic development and the Navajo government.

Assistant Professor Michelle Hale (Arizona State University)

Monica Tsethlikai, an enrolled member of the Zuni people of New Mexico, joins the T. Denny Sanford School of Social and Family Dynamics from the University of Utah. She will teach statistics and courses on child development as an assistant professor. Her research explores the cultural and contextual factors that affect function development and memory processes in middle childhood and early adolescence.

Assistant Professor Monica Tsethlikai (Arizona State University)

“These new faculty become part of a cohort of scholars who have already positioned ASU as a leading academic institution in matters related to American Indian culture and its implication in the context of the broader American culture,” said Executive Vice President and University Provost Elizabeth D. Phillips in the release “They will continue to expand our scholarly expertise in critical intellectual areas as well as provide our students with a vast array of knowledge and experience.”

USDA Questions Keepseagle $380 Million Foundation Proposal

Rob Capriccioso, September 17, 2013, Indian Country Today Media Network

The U.S. Department of Agriculture (USDA) has filed a legal response questioning a plan by the lawyers for the Keepseagle plaintiffs that would allow the lawyers to create an agricultural foundation using a substantial chunk of unclaimed money that was supposed to be awarded to Indian farmers.

The government’s response, filed September 17 in D.C. District Court, says there are legal flaws with the lawyers’ approach, which calls for the creation of a “legacy foundation” to receive $380 million of unclaimed settlement funds, known in legal terms as cy pres funds.

“[G]ood reason exists to believe that the parties might not be able to agree to the sort of amendment that the plaintiffs propose: plaintiffs are proposing a modification that appears to be in tension with limits on the use of cy pres funds,” according to the USDA’s motion.

The lawyers, of the Cohen Milstein firm, have said previously that the foundation is intended to “establish a longstanding and robust funding stream for nonprofit organizations that assist Native American farmers and ranchers.” The lawyers filed their proposal with the court on August 30.

The Choctaw Nation opposed the lawyers’ plan in a motion filed with the court September 5. Like the USDA now argues, the tribe argued in its motion that the lawyers’ plan is problematic. Tribal leaders believe their Jones Academy Foundation should be considered to receive $58.5 million of the unclaimed funds, in accordance with the current agreement.

“[W]e don’t need a new foundation; we already have tribal foundations,” Brian McClain, a legislative advocate with the tribe, told Indian Country Today Media Network in an article published September 5. “We don’t need a new organization; we already have hundreds of organizations – we call them tribal governments. What we lack is enough money to meet the needs of our members, including farmers and ranchers.”

The USDA response notes that the Keepseagle lawyers have flexibility under the current settlement agreement to award the leftover money to non-profit organizations it chooses, yet the lawyers still want to forge a different path—a path that USDA officials seemingly cannot justify.

“If the USDA does not agree to the foundation, plaintiffs suggest that they might file a Rule 60(b)(5) motion to change the terms of the Agreement to allow for its creation,” the response states. “This suggestion appears to be flawed. Rule 60(b)(5) permits Courts to ‘relieve a party. … from a final judgment” if ‘applying it prospectively is no longer equitable.’ But the judgment in this case does not incorporate the cy pres provisions that would need to be amended to facilitate the creation of the planned foundation (e.g., the provision requiring that the funds go to an existing entity).”

The government’s response continues: “[N]o change to the final judgment that the Court could order would permit the creation of the foundation. But even if the relevant provisions were part of the final judgment, relief under Rule 60(b)(5) likely would be inappropriate because, among other reasons, there is nothing ‘[in]equitable’ about distributing the cy pres funds according to the existing Agreement.”

The agency says it is not opposed to modifying the agreement altogether. “The USDA may be willing (1) to expand the definition of Cy Pres Beneficiaries to include entities such as educational institutions and (2) to eliminate the requirement that the cy pres funds be distributed to beneficiaries in equal shares. These are just examples of changes that could be sufficiently narrow and appropriate,” according to the response. “The USDA is open to other potential changes, including how best to structure the distribution of the funds.

“But the USDA disagrees with the preliminary proposal to funnel all $380 million of the cy pres fund to an entity that both does not yet exist and that will use the money from this settlement for the ‘indefinite future,’ particularly when there are existing organizations that meet the current ‘cy pres’ definition and other options that are more closely tied to the stated goal of the settlement.”

The USDA asked the court for another 60 days to discuss the issue with the plaintiffs.

Pam Avery, a spokeswoman for the Keepseagle lawyers, said they plan to file a response in court September 24.

The $760 million settlement, approved by the court in April 2011, designated $680 million for Native American farmers who had faced discrimination from the U.S. Department of Agriculture over a period of several years in the past. Approximately $230 million was claimed.

The large amount of leftover funds in this instance is unusual, according to legal experts.

Countywide emergency preparedness fair set for Sept. 21

EVERETT — When disasters hit home, are you prepared?

If not, now’s the time to take the first step toward being ready. September is National Preparedness Month, and this year, the focus is on turning awareness into action.

“It’s not enough to know what to do in an emergency,” Snohomish County Executive John Lovick said. “We need to take real steps to prepare ourselves and our families. If an earthquake or major storm hits and you’re trapped in your home, you should make sure that you have the resources you need to make it through.”

A countywide “Empower” preparedness fair on Saturday, Sept. 21, is designed to help local residents find preparedness ideas, tips and tools for emergency planning. The free event runs from 10 a.m. to 2 p.m. at the Snohomish Health District’s atrium, located at 3020 Rucker Ave. in Everett, and is cosponsored by the Snohomish Health District, Snohomish County Department of Emergency Management, the Medical Reserve Corps and city of Everett Office of Emergency Management. Low-income and uninsured adults can also get free whooping cough shots at the preparedness fair.

Preparing for an emergency doesn’t have to be overwhelming. The county Department of Emergency Management recommends taking one step each day toward emergency preparedness:

• Add one more item to your emergency kit. If you don’t have a kit, start one today.

• Find local sources of information that will help you before, during and after an emergency.

• Identify an out-of-area contact your household can notify in an emergency.

• Buy or prepare nonperishable food and water.

• Identify alternate routes to and from school or work.

For more helpful tips and information about National Preparedness Month and the Ready Campaign, visit http://ready.gov, or call 800-BE-READY or 800-SE-LISTO in Spanish.