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Northwest Pacific Salmon Habitat Restoration Efforts Hampered by Development

Northwest Indian Fisheries CommissionAlthough much work is being done to restore salmon habitat in the Pacific Northwest—such as replacement and repair of culverts, as pictured above—salmon habitat is being compromised faster than it can be put back together. — Northwest Indian Fisheries Commission
Although much work is being done to restore salmon habitat in the Pacific Northwest—such as replacement and repair of culverts, as pictured above—salmon habitat is being compromised faster than it can be put back together.

Richard Walker, Indian Country Today Media Network

Millions of dollars were spent on salmon habitat recovery in 2012, and millions more are being spent this year. But a foremost salmon expert says that without federal coordination of those efforts, and enforcement of existing laws, we may have passed a tipping point.

“We need to bring salmon habitat restoration back to the White House,” said Billy Frank Jr., chairman of the Northwest Indian Fisheries Commission and one of the foremost salmon experts, in a 2012 telephone interview with ICTMN. He was about to walk into a meeting with Justice Department officials and members of Congress to ask that the federal government lead a coordinated salmon recovery effort.

“The federal government has turned over all of its responsibility to the state,” he said. “State agencies are broke and they’re not managing anything now.”

It took just 150 years to damage salmon habitat that had flourished for thousands of years. Development in shoreline areas. Dams. Fertilizers. Logging. Polluted storm-water runoff that ultimately made its way to the sea.

Today, dams have been torn down on the Elwha River. Culverts are being removed so that salmon can return unimpeded to natal streams. Dikes are being dismantled so waters can return to estuaries. Pollution sources are being identified and corrected. But according to studies by the Northwest Indian Fisheries Commission, Washington State is losing salmon habitat faster than it’s being restored, and Frank believes that federal leadership is needed to implement salmon recovery consistently across jurisdictional lines.

Salmon recovery involves many agencies and jurisdictions, but those efforts are often not in sync; in fact they frequently conflict with federal salmon habitat-recovery goals. In one example, the U.S. Army Corps of Engineers has issued permits for shoreline structures that salmon recovery goals seek to remove. In Washington State’s Shoreline Management Act, homes are considered a “preferred” shoreline use, although home development often is accompanied by the construction of bulkheads and docks. Shoreline armoring and riparian vegetation removal are within the jurisdiction of National Marine Fisheries Service’s policy governing enforcement of the Endangered Species Act, but “there appears to be only one instance of NMFS exercising its enforcement authority over these activities during the past decade,” according to a 2011 report from the fisheries commission, “Treaty Rights at Risk: Ongoing Habitat Loss, the Decline of the Salmon Resource, and Recommendations for Change,” which led to an ongoing initiative of the same name.

But little has changed, and in September 2012 the fisheries commission released another report, “State of Our Watersheds,” documenting the results of local and state planning that have been in conflict with salmon habitat-recovery goals.

Connecticut Governor Joins Blumenthal’s Anti-Indian Campaign

Gale Courey Toensing, Indian Country Today Media Network

With the Connecticut governor joining Sen. Richard Blumenthal’s racist anti-Indian campaign against reforming the federal recognition process, the circle of opposition is almost complete.

The Republican American newspaper reported August 16 that Gov. Dannel P. Malloy “is lining up to oppose the latest efforts to grant federal recognition to three Connecticut Indian tribes.”

There are no “latest efforts” underway to grant federal recognition to Connecticut’s three remaining state recognized tribes – the Eastern Pequot Tribal Nation, the Golden Hill Paugusetts, and the Schaghticoke Tribal Nation. But Blumenthal has succeeded in stirring up fear and trembling in Connecticut’s local, state, and federal elected officials over Assistant Secretary for Indian Affairs Kevin Washburn’s “Preliminary Discussion Draft” of potential changes to the federal acknowledgment regulations.

“The governor shares the concerns of Connecticut’s federal delegation and the attorney general regarding the potential impact of the proposed Bureau of Indian Affairs tribal recognition regulations,” Malloy’s spokesman Andrew Doba said in the report.

Two weeks after Washburn released the draft, Blumenthal organized a meeting in his Connecticut office on July 9 to rally officials against it. “Why reopen this very acrimonious and painful chapter of Connecticut and tribal history when we have come to a place of peace and understanding?” Blumenthal said in the report.

This is nothing new on Blumenthal’s part. It’s a replay of his successful effort in 2005 to reverse the federal acknowledgment of the Eastern Pequot Tribal Nation (EPTN) and the Schaghticoke Tribal Nation (STN), which were given Final Determinations in 2002 and 2004, respectively. After a relentless and orchestrated campaign of opposition against the STN by local, state and federal elected officials led by Blumenthal and an anti-Indian sovereignty group and its powerful White house-connected lobbyist, Barbour Griffith & Rogers (BGR), the BIA in an unprecedented move issued Reconsidered Final Determinations and took away both tribes’ federal acknowledgment.

The governor joined Blumenthal’s pre-emptive strike on the reform effort a few days after the Hartford Courant, the state’s oldest newspaper, published an editorial supporting the effort to stop additional Connecticut tribes from being acknowledged and opening casinos.

With all of Connecticut’s elected officials and its newspaper of note lining up behind Blumenthal, the only thing remaining to provide a complete déjà vu all over again of Connecticut’s 2005 anti-Indian movement is the resurrection of TASK – Town Action to Save Kent. TASK was a group of wealthy landowners in Kent where the Schaghticoke Tribal Nation has its 400-acre reservation. The group formed a political action group and hired the then White House-connected lobbyist Barbour Griffith and Rogers – now known as BGR to carry out “strategies of surrounding the Department of the Interior” and contacting senior White House and agency officials at Washington events such as the National Governors Association and the Republican Governors Association annual meetings in order to overturn the Schaghticoke federal acknowledgement.

Salmon Homecoming Celebration, Sept 19-21

The 21st Annual Salmon Homecoming Celebration is scheduled for September 19-21, 2013.

www.salmonhomecoming.org

Salmon Homecoming is all about the people of the Pacific Northwest, whoever they are and whatever they do. That means we’re here for you, because your health, spirit and even your sustainable economy is most certainly about the salmon.

Want to volunteer? Fill out our volunteer form or contact Salmon Homecoming Coordinator, Linda James-Laville, by phone at (206) 999-0532 or email shcacoordinator (a) gmail (dot) com .

The Salmon Homecoming Alliance is a 501 (c) 3 non-profit foundation, established to organize, plan, develop and facilitate programs and events associated with Salmon Homecoming. Board members represent a variety of governments, associations, foundations and industries. Our objectives are to provide opportunities for tribal and non-tribal communities to come together in a positive atmosphere, learn from one another, and explore ways to support cooperative spirit in salmon restoration and protection.

We are happy to continue the tradition by celebrating the 21st annual Salmon Homecoming ceremony. The celebrations have always included cultural presentations, such as Northwest traditional gatherings, Pow Wows and Cedar Canoe events. We’ve sponsored environmental fairs, educational outreach activities, salmon bakes and even salmon runs. We present “Seventh Generation Legacy Awards” every year to people who have made important contributions to natural resources and Indian/non-Indian relations. We have accomplished much, but our Salmon Story has just begun.

“Salmon are the measuring stick of well-being in the Pacific Northwest.”
-Billy Frank, Jr., Chairman, Northwest Indian Fisheries Commission

You Can Expect to Pay Over $85,000 If You Suffer from Diabetes

Source: Native News Network

ATLANTA – Researchers have figured out how much a person with type 2 diabetes can expect to pay over a lifetime. At the Centers for Disease Control and Prevention, CDC, Xiaohui Zhuo ran a computer model based on national data.

Here’s what he found:

“Persons with diabetes pay on average over $85,000 treating the disease over his or her lifetime.”

This includes treatment for diabetes such as insulin, and treatment for conditions that grow from diabetes, such as kidney disease, heart disease and stroke.

Unfortunately, American Indians and Alaska Natives have alarming statistics when it comes to diabetes. American Indians and Alaska Natives have the highest prevalence of diabetes among all United States racial and ethnic groups, according the Indian Health Service.

The following statistics relating to diabetes among American Indians and Alaska Natives are staggering:

2.3 times higher – Likelihood of American Indian/Alaska Native adults to have diagnosed diabetes compared to non-Hispanic whites;
9 times higher – Likelihood of American Indian/Alaska Native youth aged 10-19 to have diagnosed type 2 diabetes compared to non-Hispanic whites;
1.9 times higher – Incidence rate of kidney failure due to diabetes in American Indian/Alaska Natives compared to the general United States population and
1.6 time higher – Death rate due to diabetes for American Indian/Alaska Natives compared with the general United States population.

Even with the dismal statistics, Type 2 diabetes is preventable and can be managed through eating healthier meals and increasing physical activity.

Drop the Can! 3 Soda Substitutes After Pop Linked to Aggression in Kids

Dale Carson, ICTMN

Five-year-olds who consume four or more sodas daily are more than twice as likely to attack others, fight with them or destroy their property, according to findings from a study by the Children’s Hospital Medical Center, published August 16 in the Journal of Pediatrics.

Many studies have confirmed a relationship between adolescents’ soft drink consumption and aggression, depression and suicidal thoughts; but this is the first time scientists have identified this association between soda and young children.

Can Drinking Soda Give You Cancer?

And the New Mountain Dew Flavor Is … Diabetes?

Will Bloomberg’s Ban on Big Gulp Sodas in NYC Lower Obesity Rates?

USDA Study: Taxing or Increasing Cost of Sugary Beverages Can Lower Obesity Rates

We’re talking little kids here; scary!

The long-term effects of soda consumption manifest in adults, who suffer from diabetes, obesity, stroke, depression, tooth decay, and all kinds of ailments—also linked to poor diet and processed junk foods heavy in salt, preservatives and color additives. These types of foods provide little to no nutritional value. Processed foods and sugary drinks are making this country unhealthy.

It’s common knowledge that soda, diet soda, energy drinks and other “liquid refreshments” are chock-full of sugar, caffeine, and color additives. But what about juice?

I once gave my babies sweet, sugary apple juice in their bottles, thinking it was good for them. Apples are a fruit, aren’t they? Fruits are good for you, right?

Wrong. Not store-bought apple juice. It’s full of sugar, which causes tooth decay, especially on young pearly whites. We live and learn.

RELATED: Native Food: Crabapple Jelly With Sumac (Check out Dale’s homemade recipe for Apple Cider Vinegar!)

For years, I drank what I thought was a healthy tonic daily of V-8 vegetable juice, the juice of one-half lemon (way too much) and a couple of drops of Worchestershire sauce. My dentist said that probably accounted for the substantial loss of enamel on my teeth.

There just isn’t a drink much better for you than water. Good ‘ol water instead of soft drinks and other liquids.

One of the first things the New England settlers noted about the indigenous peoples of Turtle Island was that they typically drank water—cold or hot, and oftentimes flavored. The Ojibwa (Chippewa) of the western Great Lakes typically boiled their water with vegetables, twigs and leaves, explains Frances Densmore in her 1974 book How Indians Use Wild Plants for Food, Medicine and Crafts.

All Natives regularly drank broths and stocks. The Iroquois, for instance, would drink the water they used to boil cornbread, as well as the water they used to boil nuts when separating oil, writes Arthur C. Parker in his 1968 book Parker on the Iroquois.

Following in the footsteps of our ancestors, here are some tips to spice up your water and make it your go-to thirst quencher:

1. Fruit (or Herb) Water

Frothy, homemade strawberry tea (Flickr/trekkyandy)

Keep a large jar in the fridge filled with water and fruit for flavor. Try lemon, orange, watermelon, peaches, or even herbs. I like cucumber, fresh ginger and mint! The taste is subtle but refreshing, and a nice break from the ordinary.

The Iroquois regularly prepared blackberry-infused water, particularly in winter with dried blackberries. It was believed to frighten away the cold, Densmore writes in her book.

RELATED: The Original Finger Food (All about berries; includes the recipe for Dale’s mouth-watering Strawberry-Rhubarb Slump.)

Strawberry Fields Forever (Try Dale’s recipe for a strawberry summer salad.)

2. Tea

Try icing some juniper tea, green tea, sassafras tea or white pine bark tea for the kids. Sweeten with honey.

RELATED: It’s Time for Fall Foraging and Hunter’s Moon Tea (Includes Dale’s recipe for Hunter’s Moon Tea.)

A Traditional Story of Picking Strawberries, Redheads and Love (Includes Dale’s recipe for strawberry leaf tea.)

Summer’s Signature Scent (Includes a recipe for strawberry basil lemonade.)

3. Maple Water

For something sweet, make a refreshing drink with organic maple syrup. It is said that the original ice cream cone was simply maple syrup poured over snow that was stuffed into a birch bark cone.

RELATED: Harvesting Maple Sap Is Worth Tasting the Sweet Nectar (Check out Dale’s Maple Apple Pudding recipe!)

The Sticky, Sweet History of Making Maple Syrup (Includes Dale’s recipe for Maple Barbecue Sauce! Yum.)

Dale Carson, Abenaki, is the author of three books: New Native American Cooking, Native New England Cooking and A Dreamcatcher Book. She has written about and demonstrated Native cooking techniques for more than 30 years. Dale has four grown children and lives with her husband in Madison, Connecticut.

Bumbershoot’s 2013 Lineup

Bumbershoot 2013, August 31 – September 2, 2013 at Seattle Center

Source: Bumbershoot.org

Now in its 43rd year, Bumbershoot has consistently drawn artists representing the best in music, film, comedy, spoken word, dance, theatre, performance, and visual arts to Seattle every Labor Day weekend.

North America’s largest urban arts festival, Bumbershoot takes place in the heart of the city at the 74-acre Seattle Center.

Over 100,000 visitors from near and far spend the weekend experiencing groundbreaking local, national, and international artists in all arts disciplines and musical genres at venues large and small, indoor and outdoor.

Bumbershoot also features a variety of food, merchandise, and urban craft vendors throughout Bumbershoot grounds—there’s plenty to eat, see, and do all weekend long.

Check out the full lineup here.

Eight Hot Environmental Battlegrounds in Indian Country

Terri Hansen, Indian Country Today Media Network

Corporate interests have been gobbling up indigenous land and rights since contact more than 500 years ago. Today, American Indians are still fighting to maintain their stewardship and the integrity of the land. From the uranium invasion of the Grand Canyon, to the trashing of sacred places in the name of renewable energy, here are some of the most environmentally embattled hot spots in Indian country.

1. Havasupai Tribe Challenges Grand Canyon Uranium Mine

The Havasupai, natives of Grand Canyon lands, sued the U.S. Forest Service on March 7, 2013 over its decision to allow Energy Fuels Resources Inc. to mine uranium near Grand Canyon National Park without initiating or completing tribal consultations, and without updating a 26-year-old federal environmental review. The lawsuit alleges violations of environmental, mining, public land and historic preservation laws.

2. Keweenaw Bay Indians’ Fight Global Mining Corporation

The Keweenaw Bay Indian Community of the Lake Superior Band of Chippewa in Michigan’s remote Upper Peninsula had to fight for their clean water, sacred sites, and traditional way of life after the international Kennecott Eagle Minerals arrived 10 years ago to tunnel a mile underground near Lake Superior to reach metals in the ore. As the project moves toward completing its sulfide-extraction plan to mine copper and nickel from tribal lands in 2014, this fight is far from over.

3. Lummi Stand Firm Against SSA Marine’s Proposed Cherry Point Coal Terminal

Members of the Lummi Nation protest plans for a coal rail terminal at Cherry Point, Washington state. (Photo: Associated Press)

The Lummi Nation formally opposed SSA Marine of Seattle’s proposed Cherry Point terminal in a July 30 letter to the Army Corps of Engineers, as it will infringe on treaty fishing rights. SSA Marine wants a shoreline terminal with multiple rail lines near Bellingham, Wash., to export 48 million tons of Montana and Wyoming Powder River Basin coal annually—some likely from Crow Indian country—to Asia. In the past USACE has refused to process other permit applications if Indian tribes contend such projects violate treaty rights as defined by numerous federal court rulings. What’s next?

4. Desert Natives Fight Annihilation of Petroglyphs, Geopglyphs by Mega Renewable Power Projects

Multibillion-dollar solar power and wind projects fast-tracked for California’s pristine desert areas materialized in 2008 that would destroy hundreds of petroglyphs as well as giant earth drawings called geopglyphs. The plan prompted lawsuits by Native American tribes and La Cuna de Aztlan Sacred Sites Protection Circle. A U.S. District Court ruling in December 2010 said that the Department of the Interior and Bureau of Land Management had failed to consult with the Quechan Tribe before approving one project, stating that Native Americans are entitled to “special consideration” when agencies fulfill their consultation requirements under the National Historic Preservation Act.

The Coyote Mountains form the backdrop for this desert wilderness that is part of the Quechan Indian Tribe’s creation story. The desert floor would be scraped bare to make way for the 10-mile-long solar project.

Yet in early 2002 after the Genesis solar plant disrupted cultural and cremation sites of the Colorado River tribes BLM Deputy State Director Thomas Pogacnik said Native Americans had good reason to be angry about his agency’s fast-track process that relied almost entirely on data from developers to determine where to place the first “high-priority” wind and solar projects on public land. The battles rages on.

5. Quapaw Tribe Sues United States Over Mining Mess

The Quapaw Tribe of Oklahoma filed suit March 25, 2013 against the United States for copy75 million for financial mismanagement and failure to ensure that mining companies had appropriately cleaned and restored their reservation after discontinuing the largest lead and zinc mining operation in the country, which produced billions of dollars in ore. Now, much of their land is polluted and lies within the Tar Creek Superfund Site. In a 10-year investigation the tribe said it found that a close relationship between the federal government, U.S. Department of Interior, and mining companies contributed to the lack of meaningful cleanup. Few members of the tribe benefited from the tribe’s mineral wealth.

6. Northern Wisconsin Tribes Take on Gogebic Taconite LLC

The problems keep coming for Gogebic Taconite’s proposed open pit iron ore mine in Wisconsin’s Gogebic Iron Range. Against it are the Lac Courte Oreilles and Bad River tribes. ICTMN brought to light a Wisconsin Department of Natural Resources’ July 2013 letter to GTAC warning of the potential presence of a deadly form of asbestos, and GTAC’s dismissal of the agency’s concern in a written reply. ICTMN also reported that Wisconsin legislators ignored crucial scientific evidence when they passed legislation underwritten by GTAC last March that facilitated the project.

RELATED: Wis. Mining War

7. Sacred San Francisco Peaks Sewage Drench Staved Off

The San Francisco Peaks in Arizona, sacred to more than a dozen tribes, gave rise to lawsuits when in 2002 the U.S. Forest Service lessee, Arizona Snowbowl, began plans to expand a ski area on one of the peaks. Doing so meant not only clear-cutting a huge swath of rare alpine tundra but also making snow from reclaimed wastewater, including sewage, pumped in from nearby Flagstaff by cacophonous machines operating around the clock. The Hopi Tribe won its latest round on April 25, when the Arizona Court of Appeals overturned a 2011 ruling by a former Coconino County Superior Court judge, clearing the way for them to challenge the city of Flagstaff’s contract to sell reclaimed wastewater to Arizona Snowbowl.

8. A Losing Battle for Uranium Mine in Navajo Country

A joke that was circulating on Facebook recently said that if Wate Mining wanted to extract uranium from Arizona state land it would have to catapult the 500,000 annual pounds of ore to the processing mill in Utah. Why? Navajo country surrounds the state land. Officially, the Navajo Department of Justice responded to the mineral lease application in May, saying, “Given the (Navajo) Nation’s history with uranium mining, it is the nation’s intent to deny access to the land for the purpose of prospecting for or mining of uranium.”

These are just a few of the battles being fought to preserve the environment against corporate interests in Indian country. Follow even more conflicts below.

With Billions at Stake in Bristol Bay, Mining Company Spends Big

Winnemem Wintu Tribe Wrestles With Bureaucracy to Perform Sacred Ritual

Proposed Alaska Coal Mine Divides Alaska Communities, Elicits Racist Rant

Anybody can help clean state’s beaches

Source: Energy Innovation Foundation

Washington coasts are included in an international coastal cleanup day set for Sept. 21.

The event depends on volunteers for success. They can select from dozens of beaches to help remove marine debris from Cape Flattery to Cape Disappointment.

Volunteers in Washington state will be joined by thousands of volunteers around the world, sharing the common goal of protecting the marine environment.

This is a worthwhile effort supported by individuals, families, nonprofit groups, businesses and government agencies, all under the banner of CoastSavers.

Keeping the beaches clean is more than just an exercise in aesthetics. Plastic debris in the water and on the beach poses a threat to marine mammals and birds. They can be fooled into thinking it’s food, ingest it and then suffer serious consequences, including malnourishment or even death.

Public awareness of marine debris may be at an all-time high in the wake of the March 2011 tsunami that swept an estimated 5 million tons of debris into the ocean from Japan. Some of the debris landing on state beaches since then has arrived from Japan, adding to the importance of these beach cleanups.

Volunteers who aren’t physically capable of patrolling beaches and lifting bags of debris still can help by serving as a registration station beach captain, assisting with registering volunteers and ensuring they fill out the paperwork and follow cleanup protocol.

For information on how to register for the event, what beaches will be cleaned, where to camp and other trip planning tips, go tocoastsavers.org.

MLK’s ‘I Have a Dream’ legacy celebrated in shared memories

Julie Muhlstein, The Herald

EVERETT — In poetry and song, proclamations, speeches and shared memories, the essence of Dr. Martin Luther King Jr.’s “I Have a Dream” speech was celebrated Wednesday night in Snohomish County.

An overflow crowd packed the Jackson Center at Everett Community College to hear leaders, young people and those who remember the struggles of the Civil Rights Movement reflect on King’s words, spoken in Washington, D.C., on Aug. 28, 1963.

County Executive John Lovick, noting that King’s birthplace of Atlanta has adopted the slogan “a city too busy to hate,” suggested a positive variation: “Snohomish County — a county that is not too busy to love.”

Two presenters were given standing ovations, one representing a new generation, the other an Everett elder, former City Councilman Carl Gipson Sr.

Gipson, first elected to the City Council in 1970, recalled harsh realities of his youth in Arkansas, when he wasn’t allowed into restrooms or restaurants. In Everett, he knocked on doors for a job, finally talking his way into one at a car dealership.

Gipson’s expressed gratitude to Everett Mayor Ray Stephanson for his efforts in naming the city’s senior center in his honor.

Many expressed a common theme, that King’s dream is not yet fully realized.

As they did for Gipson, the audience stood to applaud at the end of a poem recited by Rahwa Beyan, a 17-year-old leader of the youth chapter of Snohomish County’s NAACP organization. Her powerful recitation centered on the shooting death of black Florida teenager Trayvon Martin.

Lynnwood Mayor Don Gough spoke about a new “Let Freedom Ring” event earlier Wednesday in his city. Bells rang, and members of the public were given a minute each to say what King’s speech meant to them. Gough said social justice and civil rights “must meld with labor and worker rights.”

Shirley Sutton, of Lynnwood, read proclamations from her city, from Everett and Snohomish County officially recognizing the 50th anniversary of the march on Washington.

Tulalip Tribal Chairman Mel Sheldon offered a brief history lesson about his people.

It was 1924, he said, before American Indians were granted the right to vote. Sheldon praised current leaders of local government for forging strong relationships with the Tulalip Tribes.

There were speakers representing “Yesterday’s Wisdom,” “Today’s Focus” and “Tomorrow’s Dreams.”

Angelina Karke, a student at Discovery Elementary School in the Mukilteo district, shared an ambitious dream of her own:

“My dream is to be accepted into Harvard Law School. I will get my law degree and become president of the United States,” the girl said

Yakama Nation Strikes Historic Agreement With DOJ, FBI To Settle Litigation Over 2011 Reservation Raid

FBI Agrees To Communicate With Yakama Police Before Entering Yakama Indian Country

Source: Intercontinental Cry

AUGUST 26, 2013 – Toppenish, WA – The Confederated Tribes and Bands of the Yakama Nation have reached an unprecedented, out-of-court settlement with the United States Department of Justice (DOJ), principally the Federal Bureau of Investigation (FBI).

The settlement fully and finally resolves Yakama’s lawsuit against the FBI and several of its sister law enforcement agencies, as well as various county and municipal police agencies from Washington State, Mississippi and Virginia. That suit arose from a federal task force raid of Yakama Reservation trust lands that commenced at dawn on February 16, 2011. Upon word of the settlement on August 15, 2013, U.S. District Court Judge Rosanna Peterson closed the case.

“Today is historic. The United States has agreed to honor the law enforcement protocols set forth in the Yakama Treaty of 1855. That is unprecedented.” said Yakama Nation Tribal Council Chairman and former police chief Harry Smiskin. “From today forward the FBI will communicate with Tribal Police before they enter Yakama Indian Country. I am confident that the resulting cooperation between federal and tribal cops will greatly improve public safety throughout our territories.”

Through Article II of the Yakama Treaty of 1855, the Yakama Reservation was set apart for the exclusive use and benefit of the Yakama Nation. To that end, the Yakama Treaty makes clear that no “white man” shall be permitted to reside upon Yakama Indian Country without permission from the Yakama Nation. Federal Treaty negotiators explained to the Yakama that Article II meant that no one – not even United States agents, with the lone exception of today’s Bureau of Indian Affairs agents – would be permitted to step onto Yakama Reservation lands without the Yakamas’ consent.

Also, in Article VIII of the Yakama Treaty, the United States and Yakama Nation set forth a process for delivering Yakama criminals or suspects who are in Yakama Indian Country to federal authorities. Federal Treaty negotiators explained to the Yakama that Article VIII meant there would be a consultation process between the Head Chief or all of the Yakama Chiefs, and the United States, relative to any Yakama alleged to have committed a wrong, before they might be delivered up to federal authorities.

The settlement agreement between Yakama and DOJ is called, “Recitals of Joint Law Enforcement Goals.” It recites that:

• “The Parties have a common interest in preventing violence, fighting crime in, and ensuring the safety and security of Yakama Indian Country…”

• “The United States embraces the federal government’s special trust responsibility to and relationship with the Yakama Nation, consistent with the Treaty of 1855, federal law, Executive Orders, and judicial decisions.”

• “The United States acknowledges that the Yakama Nation has no interest in promoting, condoning, or protecting criminal activities by its members; as such, the Yakama Nation will not intentionally harbor fugitives and desires to partner with the United States in law enforcement matters.”

• “The United States recognizes that maintaining a close and cooperative relationship with the Yakama Nation is essential to preventing and combating crime and assisting crime victims.”

• “The United States recognizes that in an age of increasingly complex criminal and national security threats, the common interests of the Yakama Nation and the federal government are best served by appropriate coordination, communication and information-sharing between the Parties.”

• “The Parties agree that it is in the best interests of both governments to identify practical ways to coordinate and communicate effectively with respect to law enforcement matters.”

• “Both Parties commit to acting in good faith to advance and act consistently with these goals.”

The operative provision of agreement provides:

In keeping with its law enforcement duties, DOJ law enforcement remains committed to communicating with Yakama Tribal Police concerning its law enforcement activities in Yakama Indian Country, as operational integrity concerns, including officer and public safety, permit, and will communicate with tribal police at the earliest prudent and practicable opportunity about enforcement operations undertaken in Yakama Indian Country (emphasis added).

In March 2011, the Yakama Nation sued federal law enforcement agencies and several local governments for violating these federal Treaty provisions when raiding a Yakama member-owned business on Yakama trust lands without providing any advance notice to Yakama authorities, and in turn barring Yakama Nation cops who arrived at the scene of the raid to help keep the peace.

Since the summer of 2012, the parties engaged in settlement discussions and negotiations. In June 2013, Yakama reached out-of court settlements with Yakima County, Benton County, and the local governments from Virginia and Mississippi (Yakima Herald Republic).