Temporary fix to I-5 bridge could be up within 3 weeks

Gov. Jay Inslee announces that temporary I-5 spans should be in place over the Skagit River by mid-June, with permanent repairs complete this fall

Associated PressA collapsed section of the I-5 bridge over the Skagit River is seen in an aerial view Friday. Part of the bridge collapsed Thursday evening, sending cars and people into the water when a an oversized truck hit the span.
Associated Press
A collapsed section of the I-5 bridge over the Skagit River is seen in an aerial view Friday. Part of the bridge collapsed Thursday evening, sending cars and people into the water when a an oversized truck hit the span.

By Mike Baker and Manuel Valdes, Associated Press

SEATTLE — Federal investigators used 3-D laser scans Sunday to study what remained of a collapsed Washington state bridge as Gov. Jay Inslee announced temporary spans will be installed across the Skagit River within weeks — if plans go well.

Sunday’s announcement comes a day after the chairwoman of the National Transportation Safety Board called last week’s I-5 bridge collapse a wake-up call to the state of safety of the nation’s infrastructure and the Saturday destruction of a highway overpass in Missouri that was struck by a cargo train.

The I-5 collapse, caused by a semi-truck carrying an oversize load striking the bridge, fractured one of the major trade and travel corridors on the West Coast. The interstate connects the state with Canada, which is about an hour north of Mount Vernon, where the bridge buckled.

After the collapse, semi-trucks, travel buses and cars clogged local bridges as traffic was diverted through the small cities around the bridge. But overall, traffic was flowing as well as expected during the holiday weekend.

“We’re going to get this project done as fast as humanly possible,” Inslee, a Democrat, said Sunday. “There are no more important issue right now to the economy of the state of Washington than getting this bridge up and running.”

Inslee said he hopes the temporary spans, each with two lanes for northbound and southbound traffic, will be finished in about three weeks’ time or about mid-June. The spans will be pre-built and trucked to Mount Vernon.

The state plan also calls for a permanent span to be built and competed by autumn, officials said.

Officials say there are remaining inspections to the spans left standing to make sure they are safe to use.

The federal government is expected to cover 100 percent of the costs of the temporary bridge and 90 percent the replacement, said state Transportation Secretary Lynn Peterson.

The temporary span would be able to carry regular-sized cargos as well as cars. The speed limit would be lower than the 60 miles per hour allowed previously.

Barges arrived this weekend at the river with equipment ready to remove the mangled steel, pavement and cars in the water.

On Thursday, a semi-truck carrying an oversize load clipped a steel truss, starting the collapse of the span and sending cars and people into the cold river waters, authorities said. The three people in the cars survived with non-life threatening injuries.

An investigation by The Associated Press suggests similar accidents could happen elsewhere. Thousands of bridges around the U.S. are kept standing by engineering design, rather than sheer size or redundant protections. Such spans may be one freak accident or mistake away from collapse.

Bridge regulators call them “fracture critical” bridges, because if a single, vital component is compromised, they can crumple.

NTSB Chairwoman Debbie Hersman said such bridges and other kinds of bridges around the nation should be looked at.

“The wake-up call is really to focus on how important our infrastructure is to our nation, certainly for our commerce and keeping communities vibrant and connected,” she said Sunday, adding that when important decisions are made about infrastructure, safety should have “a seat at the table.”

Hersman said on Sunday said the bridge had withstood other over height collisions with vehicles in the past, with the most recent reported collision happening last October. She said evidence of other collisions can be seen in the spans still standing over the water.

Hersman also said a second truck with a similar cargo was traveling behind the truck involved in the collision. She said investigators are inspecting that cargo and truck to take measurements. The truck involved in the collision has also been moved off the highway on-ramp where it has been parked since Thursday.

Hersman also said investigators have traveled to Alberta, Canada to inspect the trucking company’s records.

The NTSB head also said that if the truck had been on the left lane of the southbound lanes, it likely would have cleared the bridge without a collision, but added that more precise measurements need to be taken. The bridge’s height clearance varies across it.

“We know the company was required to establish that they could clear the entire route,” Hersman said.

The truck’s cargo from Canada was headed to Alaska. Its plan was to load the cargo onto a barge in Vancouver, Wash., about 275 miles south of the border crossing. Hersman said she didn’t know why the plan called to use a port a couple of hundred miles away from other ports.

——

Associated Press Donna Gordon Blankinship contributed to this report.

Asteroid 1998 QE2 to Sail Past Earth Nine Times Larger Than Cruise Ship

The orbit of asteroid 1998 QE2. Image credit: NASA/JPL-Caltech
The orbit of asteroid 1998 QE2. Image credit: NASA/JPL-Caltech
May 22, 2013
By NASA Jet Propulsion Laboratory

On May 31, 2013, asteroid 1998 QE2 will sail serenely past Earth, getting no closer than about 3.6 million miles, or about 15 times the distance between Earth and the moon.

While QE2 is not of much interest to those astronomers and scientists on the lookout for hazardous asteroids, it is of interest to those who dabble in radar astronomy and have a 230-foot (70-meter) — or larger — radar telescope at their disposal. 

“Asteroid 1998 QE2 will be an outstanding radar imaging target at Goldstone and Arecibo and we expect to obtain a series of high-resolution images that could reveal a wealth of surface features,” said radar astronomer Lance Benner, the principal investigator for the Goldstone radar observations from NASA’s Jet Propulsion Laboratory in Pasadena, Calif. “Whenever an asteroid approaches this closely, it provides an important scientific opportunity to study it in detail to understand its size, shape, rotation, surface features, and what they can tell us about its origin. We will also use new radar measurements of the asteroid’s distance and velocity to improve our calculation of its orbit and compute its motion farther into the future than we could otherwise.” 

The closest approach of the asteroid occurs on May 31 at 1:59 p.m. Pacific (4:59 p.m. Eastern / 20:59 UTC). This is the closest approach the asteroid will make to Earth for at least the next two centuries. Asteroid 1998 QE2 was discovered on Aug. 19, 1998, by the Massachusetts Institute of Technology Lincoln Near Earth Asteroid Research (LINEAR) program near Socorro, New Mexico. 

The asteroid, which is believed to be about 1.7 miles (2.7 kilometers) or nine Queen Elizabeth 2 ship-lengths in size, is not named after that 12-decked, transatlantic-crossing flagship for the Cunard Line. Instead, the name is assigned by the NASA-supported Minor Planet Center in Cambridge, Mass., which gives each newly discovered asteroid a provisional designation starting with the year of first detection, along with an alphanumeric code indicating the half-month it was discovered, and the sequence within that half-month. 

Radar images from the Goldstone antenna could resolve features on the asteroid as small as 12 feet (3.75 meters) across, even from 4 million miles away. 

“It is tremendously exciting to see detailed images of this asteroid for the first time,” said Benner. “With radar we can transform an object from a point of light into a small world with its own unique set of characteristics. In a real sense, radar imaging of near-Earth asteroids is a fundamental form of exploring a whole class of solar system objects.” 

Asteroids, which are always exposed to the sun, can be shaped like almost anything under it. Those previously imaged by radar and spacecraft have looked like dog bones, bowling pins, spheroids, diamonds, muffins, and potatoes. To find out what 1998 QE2 looks like, stay tuned. Between May 30 and June 9, radar astronomers using NASA’s 230-foot-wide (70 meter) Deep Space Network antenna at Goldstone, Calif., and the Arecibo Observatory in Puerto Rico, are planning an extensive campaign of observations. The two telescopes have complementary imaging capabilities that will enable astronomers to learn as much as possible about the asteroid during its brief visit near Earth. 

NASA places a high priority on tracking asteroids and protecting our home planet from them. In fact, the U.S. has the most robust and productive survey and detection program for discovering near-Earth objects. To date, U.S. assets have discovered over 98 percent of the known NEOs. 

In 2012, the NEO budget was increased from $6 million to $20 million. Literally dozens of people are involved with some aspect of near-Earth object (NEO) research across NASA and its centers. Moreover, there are many more people involved in researching and understanding the nature of asteroids and comets, including those that come close to the Earth, plus those who are trying to find and track them in the first place. 

In addition to the resources NASA puts into understanding asteroids, it also partners with other U.S. government agencies, university-based astronomers, and space science institutes across the country that are working to track and better understand these objects, often with grants, interagency transfers and other contracts from NASA. 

NASA’s Near-Earth Object Program at NASA Headquarters, Washington, manages and funds the search, study, and monitoring of asteroids and comets whose orbits periodically bring them close to Earth. JPL manages the Near-Earth Object Program Office for NASA’s Science Mission Directorate in Washington. JPL is a division of the California Institute of Technology in Pasadena. 

In 2016, NASA will launch a robotic probe to one of the most potentially hazardous of the known NEOs. The OSIRIS-REx mission to asteroid (101955) Bennu will be a pathfinder for future spacecraft designed to perform reconnaissance on any newly-discovered threatening objects. Aside from monitoring potential threats, the study of asteroids and comets enables a valuable opportunity to learn more about the origins of our solar system, the source of water on Earth, and even the origin of organic molecules that lead to the development of life. 

NASA recently announced developing a first-ever mission to identify, capture and relocate an asteroid for human exploration. Using game-changing technologies advanced by the Administration, this mission would mark an unprecedented technological achievement that raises the bar of what humans can do in space. Capturing and redirecting an asteroid will integrate the best of NASA’s science, technology and human exploration capabilities and draw on the innovation of America’s brightest scientists and engineers. 

Source: NASA Jet Propulsion Laboratory

Tulalip resort, outlet mall owners scramble after I-5 bridge collapse

BUSINESS JOURNAL PHOTO | Karen DThe reception desk at the Tulalip Resort and Casino, with Shaelei Lucas (left) and Laureen Guzman. Twenty percent of the resort’s business – excluding the casino – comes out of Canada, but most of the casino business comes from Marysville, Everett and Seattle, areas that still have access to the Tulalip, albeit a route that could be clogged with traffic now.
BUSINESS JOURNAL PHOTO | Karen D
The reception desk at the Tulalip Resort and Casino, with Shaelei Lucas (left) and Laureen Guzman. Twenty percent of the resort’s business – excluding the casino – comes out of Canada, but most of the casino business comes from Marysville, Everett and Seattle, areas that still have access to the Tulalip, albeit a route that could be clogged with traffic now.

Rachel Lerman, Puget Sound Business Journal

The Tulalip Resort and Casino and The Outlet Shoppes at Burlington, two of the biggest tourism and retail destinations in northwestern Washington, scrambled to spread the word of alternate driving routes and hoped for the best as they headed into the Memorial Day weekend knowing I-5 had been severed by the Skagit River bridge collapse.

“It’s gonna impact us to a degree out of Canada for sure,” said Ken Kettler, president and chief operating officer of the Tulalip Resort and Casino.

Kettler said 20 percent of the resort’s business – excluding the casino – comes out of Canada, but most of the casino business comes from Marysville, Everett and Seattle, areas that still have access to the Tulalip, albeit a route that could be clogged with traffic now.

The resort is using social media to make sure people have directions for alternate routes, Kettler said, and it may have to increase marketing in areas to the south if the northward impact grows bigger than they expect.

At The Outlet Shoppes at Burlington, Memorial Day is the kickoff to the summer shopping season, and the first of three major sales during the summer.

Mall managers are working with the Mt. Vernon Chamber of Commerce to help inform and reassure potential customers. Canadians should know that they can drive to the mall without passing the bridge collapse, which is south of the mall, said Gina Slechta, vice president of marketing for Horizon Group Properties, which owns the mall. And people in Mt. Vernon and surrounding areas can take alternate routes, Slechta said.

Vice chair of Spokane Tribe resigns under pressure

Associated Press

SPOKANE — The vice chairman of the Spokane Tribe has resigned under pressure from tribal members.

The Spokesman-Review reported that Rodney W. Abrahamson resigned Thursday.

Abrahamson had been convicted of five misdemeanors after he illegally killed two bison north of Yellowstone National Park in February. Montana wildlife agents say he lied about his identity and claimed to be a member of the Nez Perce Tribe, which has treaty rights to hunt bison.

The Spokane Tribe’s constitution said council members cannot remain in office if convicted of a felony or of a misdemeanor involving dishonesty. Abrahamson was convicted of obstruction as a result of providing a false identity.

After he refused to resign, some tribal members launched a recall effort.

A special election will be held in June to select his replacement.

Where to honor those who gave their lives defending our country

Source: The Herald

Memorial Day is the day set aside to honor men and women who have fallen while serving in the U.S. military.

Its origins date back to the Civil War, when it was known as Decoration Day. The solemn holiday has been observed on the last Monday in May since 1971.

Here are some of the events occurring in Snohomish County in honor of the holiday:

Edmonds: The Edmonds Memorial Cemetery is hosting a Memorial Day Observance at 11 a.m. Monday between 100th Avenue W and 15th Street SW. The one-hour event is set to feature a presentation by Tom Hallums, member of the VFW Post No. 8870 and a Korean War veteran. Program includes refreshments, a rifle salute and self-guided tours of the cemetery. Seating is limited and people are encouraged to bring their own folding chairs. For more information, contact Dale Hoggins, Cemetery Board member at 425-776-1543.

Everett: Flowers will be placed at gravesites by the Snohomish County Centeral Memorial Committee at 11 a.m. Monday at Evergreen Cemetery, 4504 Broadway, Everett. This year’s service is dedicated to Vietnam veterans. A luncheon is planned from 12:30 to 2 p.m. at Fleet Reserve Association Branch 170, 6802 Beverly Blvd., Everett. Meatloaf is on the menu. Cost $5.

Everett: Pearl Harbor survivor Ray Wans plans to give a speech about his experience at 11 a.m. today at the Grace Lutheran Church, 8401 Holly Drive. The event serves as a Memorial Day remembrance and a barbecue follows the service.

Everett: The Flying Heritage Collection plans to host its second annual Tankfest Northwest at 10 a.m. Monday at Paine Field, 3407 109th St. SW. There will be tanks, artillery, treats and activities for children. Cost is $12 for adults and $8 for youth. Veterans enter free.

Lynnwood: 11 a.m. Monday, Lynnwood Veterans Park at 44th Avenue W and 194th Street SW. There will be bagpipes music and a flag ceremony. Event organized by the VFW Post No. 1040. More information at 425-774-7416

Marysville: American Legion Post 178 of Marysville is hosting its annual Memorial Day Ceremony at 11 a.m. Monday, Marysville cemetery, 8801 State Ave. with speakers and honor guard. After the service, the legion hosts an open house with a light lunch from noon to 2 p.m. at 119 Cedar Ave, in Marysville. Both events are free. There will be also a display of 230 veteran’s burial flags done by legion members, cemetery staff and community partners all weekend. For more information, call the cemetery at 360-659-5762, 360-722-7825 or go to americanlegion178wa.cfsites.org.

Mukilteo: A brief Memorial Day ceremony is planned for 11 a.m. Monday at Pioneer Cemetery, 513 Webster St.

A selection of patriotic music will be performed by the MPC Brass under the direction of Rob Coe. Members of VFW Post 2100, under the command of Donald Wischmann, will present and retire the colors. Mukilteo Mayor Joe Marine is scheduled to offer remarks. Master of ceremonies Christopher Summitt, an expert on the history of the cemetery, will dress as pioneer Jacob Fowler, one the first people to be buried in the cemetery in 1892. The free event is sponsored by the Mukilteo Historical Society.

Stanwood: Frank H. Hancock American Legion Post 92 plans to hold its Memorial Day Observance at 11 a.m. Monday at Anderson Cemetery, 7370-7816 Pioneer Highway, Stanwood.

On May 25, activists around the world will unite to March Against Monsanto

March against MonsantoThis is a Call to Action for a Non-Hierarchical Occupation of Monsanto Everywhere

Source: Occupy-monsanto.com

5/25, 2 p.m. EST, Everywhere.

Seattle info: It’s time to take back our food. It’s time to March Against Monsanto!
Schedule:

– 11:00 am Rally at Westlake Park
– 12:30 pm March to Gates Foundation
– 1:15 pm Rally at Gates Foundation
– 1:45 pm Continue March to Seattle Center
– 2:00 pm Disperse at Seattle Center & Folklife

Whether you like it or not, chances are Monsanto contaminated the food you ate today with chemicals and unlabeled GMOs. Monsanto controls much of the world’s food supply at the expense of food democracy worldwide. This site is dedicated to empowering citizens of the world to take action against Monsanto & it’s enablers like the FDA, USDA, EPA, GMA, BIO, and the processed food companies that use Monsanto’s products.


We urge you to help organize and attend the closest March Against Monsanto taking place on Saturday, May 25, 2013!

Why do we march?

  • Research studies have shown that Monsanto’s genetically-modified foods can lead to serious health conditions such as the development of cancer tumors, infertility and birth defects.
  • In the United States, the FDA, the agency tasked with ensuring food safety for the population, is steered by ex-Monsanto executives, and we feel that’s a questionable conflict of interests and explains the lack of government-lead research on the long-term effects of GMO products.
  • Recently, the U.S. Congress and president collectively passed the nicknamed “Monsanto Protection Act” that, among other things, bans courts from halting the sale of Monsanto’s genetically-modified seeds.
  • For too long, Monsanto has been the benefactor of corporate subsidies and political favoritism. Organic and small farmers suffer losses while Monsanto continues to forge its monopoly over the world’s food supply, including exclusive patenting rights over seeds and genetic makeup.
  • Monsanto’s GMO seeds are harmful to the environment; for example, scientists have indicated they have caused colony collapse among the world’s bee population.

What are solutions we advocate?

  • Voting with your dollar by buying organic and boycotting Monsanto-owned companies that use GMOs in their products.
  • Labeling of GMOs so that consumers can make those informed decisions easier.
  • Repealing relevant provisions of the US’s “Monsanto Protection Act.”
  • Calling for further scientific research on the health effects of GMOs.
  • Holding Monsanto executives and Monsanto-supporting politicians accountable through direct communication, grassroots journalism, social media, etc.
  • Continuing to inform the public about Monsanto’s secrets.
  • Taking to the streets to show the world and Monsanto that we won’t take these injustices quietly.

We will not stand for cronyism. We will not stand for poison.
That’s why we March Against Monsanto.

Join us! http://on.fb.me/ZUxe3o

Find cities already participating: http://bit.ly/ZTDsk8

Start your own: http://on.fb.me/16qw2r4

New rules to address fracking on Indian lands

 
 
fracking_graphic_120418By Alysa Landry
Navajo Times
WASHINGTON, May 23, 2013

Hydraulic fracturing on Indian land may become more difficult under new rules proposed by the Department of the Interior and the Bureau of Land Management.

The Interior Department on May 16 issued new draft rules for hydraulic fracturing on public and Indian lands.

Fracturing, or “fracking,” is the process of drilling and injecting a mixture of water, sand and chemicals into the ground at high pressure to crack shale formations and unlock oil and gas.

The process is controversial because fracking releases methane gas and other toxic chemicals, which can contaminate nearby groundwater. This can be especially dangerous on the 56 million acres of Indian land in the country. On the more isolated reservations like the Navajo Nation, people and livestock depend on well water for drinking, cooking and washing.

Approximately 500,000 oil and gas wells are active in the United States. That includes 92,000 on public and tribal land, where about 13 percent of the nation’s natural gas and 5 percent of its oil are produced, according to statistics from the Interior Department.

Ninety percent of wells drilled on federal and Indian lands use fracking. Yet the BLM’s current regulations governing fracking on public and tribal lands are more than 30 years old and were not designed to address modern fracking technology. The revised rules would modernize management of the industry and help establish baseline safeguards to help protect the environment and reduce the human risk.

“We are proposing some common-sense updates that increase safety while also providing flexibility and facilitating coordination with states and tribes,” said Interior Secretary Sally Jewell. “As we continue to offer millions of acres of America’s public lands for oil and gas development, it is important that the public has full confidence that the right safety and environmental protections are in place.”

The new draft rules come after an initial proposal last fall. The Interior Department received more than 177,000 public comments on those rules. The updated draft proposal will be subject to a new 30-day public comment period.

The updated draft keeps the main components of the initial proposal, which requires operators to disclose the chemicals they use in fracking on public or tribal land, verify that fluids are not contaminating groundwater and confirm that management plans are in place for handling fluids that flow back to the surface.

Yet the draft already has drawn criticism from both environmentalists and industry leaders.

Industry officials object to what they call redundant regulation, while environmentalists say the standards do not adequately safeguard drinking water.

A coach as Vader?

Director unveils cast of Navajo ‘Star Wars’

 
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By Shondiin Silversmith
Navajo Times
WINDOW ROCK, May 23, 2013

T he Force proved to be strong with this group of Navajos as they earned the seven primary roles in the upcoming Navajo-language version of “Star Wars.”

Terry Teller, of Lukachukai, Ariz. will be the voice of Luke Skywalker.

“It is pretty pretty awesome,” Teller said happily, adding that he enjoyed the audition because it required him to really act. “Since it was going to be the first movie in Navajo I wanted it to be the best,” he said. “I challenged myself to play the role, as it needs to be. It was hard because I have never done anything like that before.”

Anderson Kee of Cottonwood, Ariz. will be the voice of Obi-Wan Kenobi.

Kee said the way the Obi-Wan Kenobi talks about the Force in the movie reminds him of a Navajo medicine man, especially when he says the words in Navajo.

“It was a new experience for me,” he said.

Clarissa Yazzie of Rock Point, Ariz. will be the voice of Princess Leia.

Yazzie said she enjoys Princess Leia’s sarcastic and dominating personality because she feels that her personality closely resembles Leia’s.

“I was excited to just be a part of the whole experience,” she said.

James Junes of Farmington, N.M. is the voice of Han Solo – and one of the very few experienced actors to win a part. Junes is part of the comedy team James and Ernie, and has had roles in low-budget films on the Navajo Nation.

Marvin Yellowhair of N.M. is the voice of Darth Vader.

Yellowhair said he wanted to be Darth Vader because he is the main character he remembers from Star Wars, mostly due to the fact that the villain is always in control and he is a leader. He said it related to him as a coach at Rock Point High.

“It felt so good being involved with this project,” he said.

James Bilagody of Ariz., another experienced performer, is the voice of General Tarkin.

The Navajo voice of C-3PO is a “surprise,” said director Ellyn Stern Epcar. “It will be unveiled on July third.”

“All the people that were cast fit the voice perfectly and they gave awesome performances,” said Manuelito Wheeler, Navajo Nation Museum director. “The directors, they chose the right people.”

Epcar is from Epcar Entertainment, a company based out of Los Angeles, Calif. She was hired under Deluxe Entertainment to direct the dubbed film. She said she has been doing this type of work for over 30 years.

“This isn’t a film this is about saving a language, this is about preserving a language,” said Epcar of the Navajo-dubbed Star Wars. “This takes on more importance of anything I’ve ever done. I feel profoundly humbled to be a part of this.”

Washburn Proposes Changes to Land-into-Trust Procedures to Achieve Greater Transparency, Clarity and Certainty for Tribes

Proposal Released for Public Review and Comment for 60 days
 
WASHINGTON – Today, Assistant Secretary-Indian Affairs Kevin K. Washburn issued for public comment a proposed rule designed to demonstrate the Administration’s commitment to restoring tribal homelands and furthering economic development on Indian reservations.  The proposed rule will provide for greater notice of land-into-trust decisions and clarify the mechanisms for judicial review depending on whether the land is taken into trust by the Assistant Secretary for Indian Affairs, or by an official of the Bureau of Indian Affairs.  During the public comment window, Indian Affairs will also conduct tribal consultation.
 
For the Bureau of Indian Affairs trust acquisition decisions, which are generally for non-gaming purposes and constitute the vast majority of land-into-trust decisions, the proposed rule will ensure that parties have adequate notice of the action and clarifies the requirement that exhaustion of administrative remedies within the Department is necessary to seek judicial review. 
 
“The principal purpose of this proposed rule is to provide greater certainty to tribes in their ability to develop lands acquired in trust for purposes such as housing, schools and economic development,” said Assistant Secretary Washburn. “For such acquisitions, the proposed rule will create a ‘speak now or forever hold your peace moment’ in the land-into-trust process.  If parties do not appeal the decision within the administrative appeal period, tribes will have the peace of mind to begin development without fear that the decision will be later overturned.” 
 
For decisions made by the Assistant Secretary, which generally are for gaming or other complex acquisitions, the proposed rule clarifies that the Assistant Secretary’s decision is a final decision and allows the Assistant Secretary to proceed with taking the land-into-trust with no waiting period.  Because a simple change in ownership status itself is not an act that causes irreparable harm in many cases, it will place the burden on litigants to come forth and demonstrate such harm if they wish to prevent the trust acquisition from occurring, while not affecting the right to judicial review of the basic decision. 
 
The proposed rule issued today would also effectively repeal a 1996 procedural provision by omitting a 30-day waiting period which, as a result of a 2012 U.S. Supreme Court decision, now is unnecessary. 
 
In 1996, the Department revised its land-into-trust regulations in Part 151 by establishing a 30-day waiting period following publication of a Departmental determination to take land into trust for an Indian tribe.  At that time, prevailing federal court decisions held that the Quiet Title Act (QTA), 28 U.S.C. 2409a, precluded judicial review of such determinations after the United States acquired title to the land in trust.  The waiting period was intended to ensure that interested parties had the opportunity to seek judicial review under the Administrative Procedure Act (5 U.S.C. 704) before the Secretary acquired title to land in trust.  See 61 FR 18082 (Apr. 24, 1996). 
 
The legal landscape changed, however, on June 18, 2012, when the Supreme Court issued its decision in Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 132 S. Ct. 2199 (2012).  In that decision, the Supreme Court held that the Quiet Title Act does not bar Administrative Procedure Act challenges to the Department’s determination to take land in trust even after the United States acquires title to the property, unless the aggrieved party asserts an ownership interest in the land as the basis for the challenge.  Following Patchak, the 1996 procedural rule establishing a 30-day waiting period before taking land into trust to allow for Administrative Procedure Act review is no longer needed.  Unless judicial review under the Administrative Procedure Act is precluded on some other basis, such as standing, timeliness, or a failure to exhaust administrative remedies, judicial review of the Secretary’s decision is available under the Administrative Procedure Act even after the Secretary has acquired title to the property.
 
The proposed rule will be available in the federal register at https://www.federalregister.gov/public-inspection.  Public comments may be submitted to the Department for sixty days following the proposed rule’s publication in the Federal Register.  Tribal Consultation on the proposed rule will occur on June 24, 2013, in Reno, Nevada.
 

Tribal court, Wyandotte Nation

To view video click image
To view video, click image.

By Jennifer Penate

May 23, 2013 on fourstateshomepage.com

WYANDOTTE, OK.— Wyandotte Nation is now holding criminal court every month.

“Establishment of tribal courts is essential to obtaining and maintaining tribal sovereignty,” said Jon Douthitt, Judge.

Jon Douthitt is the presiding judge. This is the second court he’s helped establish in the four states, following Quapaw. He says there’s one main challenge.

“Anything you do without proper jurisdiction is subject of being voided or attacked,” said Douthitt.

“I think that’s one of the complicated and convoluted issues of Indian law, is what is jurisdiction,” said Geri Wisner, Prosecutor.

Geri Wisner is the court’s prosecutor. She will only handle tribal code violations committed by a Native Americans.

“I will not be forwarding anything to the state unless it was a non-Indian suspect on a crime,” said Wisner.

However, the federal government will have jurisdiction over major crimes like murders. Wyandotte Nation Chief Billy Friend says having this court in place is momentous, allowing the community to prosper.

“Just gives us the opportunity, as far as collecting fines and fees instead of them going to the state or county government, it actually comes back to the tribal government,” said Chief Billy Friend, Wyandotte.

Chief Friend’s ultimate goal is to establish an appellate and supreme court. Wisner says her mission is to talk to elders about how issues were handled traditionally. The goal is find a way to help offenders rather than issuing them fines or jail time.