Cladoosby: Tribes will revisit pot after feds’ ruling

William Keeney talks about the variety of cannabis plants he is raising at his marijuana growing facility on Thursday, Dec. 6, in Sedro-Woolley. Keeney, who owns Dank Dynasty, began growing marijuana as a medical marijuana producer, but has since transferred his business over to a fully commerical operation. Brandy Shreve / Skagit Valley Herald
William Keeney talks about the variety of cannabis plants he is raising at his marijuana growing facility on Thursday, Dec. 6, in Sedro-Woolley. Keeney, who owns Dank Dynasty, began growing marijuana as a medical marijuana producer, but has since transferred his business over to a fully commerical operation. Brandy Shreve / Skagit Valley Herald

 

By Mark Stayton, Skagit Valley Herald

 

Newly licensed marijuana business owners could find themselves with some unexpected competition.

A new federal policy on pot has opened new business options for Native Americans, and the Swinomish are ready to take a look.

The Swinomish Indian Tribal Community will consider the possibilities at a meeting the first week of January, said Swinomish Chairman Brian Cladoosby, following a policy statement recently released by the U.S. Department of Justice.

“We haven’t had an intelligent discussion on it,” said Cladoosby. “It’s definitely something we’d like to look into.”

Meanwhile, marijuana business owners recently licensed under the state Initiative 502 wonder what the impacts will be if marijuana is grown or sold on tribal land, outside of the state-managed system that created a limited number of permits for different processing and retail operations.

Skagit County’s first recreational weed retail store opened in September after the owners were chosen in a lottery that included many months of wrangling for permits and approvals.

“I would think it would negatively impact my business,” said William Keeney, owner of Dank Dynasty, a small marijuana producer and processor in Sedro-Woolley that opened less than two months ago. “I would think that’s going to be hard to compete with.”

A memorandum from the Justice Department has opened the door for Native American tribes seeking to grow and sell marijuana on tribal lands, provided they follow federal guidelines adopted by states that have legalized it.

Priorities for U.S. attorneys listed in the memorandum centered on prevention of serious marijuana-related threats such as trafficking, the funding of gangs and cartels, drugged driving and violence.

The potential for revenue, as well as public health hazards, will need to be assessed by each tribe individually, said Cladoosby, who is also president of the National Congress of American Indians and president of the Association of Washington Tribes.

Cladoosby said the potential for millions if not billions of dollars in revenue might be possible for tribes in Washington alone. Swinomish tribal leaders will review the situation at an upcoming meeting and seek legal advice, he said.

“Even though the state had legalized (marijuana), it is still illegal in tribes. Now we will re-evaluate that to see if that’s something we want to reverse course on,” Cladoosby said.

However, the potential for substance abuse could be a dissuading factor for many tribes, Cladoosby said.

“Native Americans statistically have the highest rates of drug and alcohol abuse of any sector of society,” Cladoosby said. “It’s a tough call for tribal leaders because of that problem.”

The Justice Department will deal with tribes on a case-by-case basis, said Justice spokesman Wyn Hornbuckle.

“Some tribes are very concerned with public safety implications, such as the impact on youths, and the use of tribal lands for the cultivation or transport of marijuana, while others have explored decriminalization and other approaches,” Hornbuckle said in an email.

“Each U.S. Attorney will assess the threats and circumstances in his or her district and consult closely with tribal partners and the Justice Department when significant issues or enforcement decisions arise in this area.”

However, the memorandum states it does not alter U.S. authority or jurisdiction to enforce federal law where marijuana is illegal under the Controlled Substance Act.

The state Attorney General’s Office said Wednesday that it does not consider marijuana legal on tribal lands in Washington but offered no further comment.

The original memorandum, issued by Deputy Attorney General James M. Cole on Aug. 29, 2013, allowed marijuana businesses and the state regulatory system to move forward without fear of federal reprisal, said Brian Smith, spokesman for the state Liquor Control Board.

“It was an assurance for us that we were on the right track, and it brought a sigh of relief from people in the industry, that if they started a business, the government would not swoop in and seize all their assets,” Smith said.

“We didn’t know, when we were building our system, that the federal government was not going to stop this on a dime.”

The Aug. 29 memorandum notes that “jurisdictions must provide necessary resources and willingness to enforce their laws and regulations in a manner that does not undermine federal enforcement priorities.”

If tribes do start growing and selling marijuana, the structure of the industry would determine impacts to businesses licensed under I-502.

Keeney said he would likely go out of business if tribes could sell on Washington’s marketplace at lower prices.

“If the tribes are allowed to do commerce with the state, we’ll probably have to pack it in. I don’t think we could compete with that. The market will become flooded,” Keeney said.

Nate Loving, owner of the Loving Farms retail marijuana store in Mount Vernon, said he believes in tribes’ right to grow and process on their own land, but was unsure how retail sales would be addressed.

“I think it’s a good deal if they want to grow on their own land. Why shouldn’t they be able to do it?” Loving said. “Being that (the Liquor Control Board) already allotted licenses, I don’t know if they’ll add extra stores. They have a set number of licenses.”

Smith said much is still unknown as to how tribal marijuana business would be regulated and which agency would be responsible for it, or how it would integrate with the state’s recreational marijuana system.

He said the board will first need to convene and talk with its attorneys before taking any other action.

“What the memo seems to say is the Cole Memorandum applies to tribal lands the same way it applies to the state. There’s a lot of moving parts that are involved with that,” Smith said. “I don’t think anyone has any or all of those answers yet. I think people were surprised it was as wide open as it was.”

Tulalip Tribes Keep Track of Hatchery Salmon

Tulalip fisheries technicians spawn female chum salmon at the tribes’ Bernie “Kai-Kai” Gobin Hatchery.
Tulalip fisheries technicians spawn female chum salmon at the tribes’ Bernie “Kai-Kai” Gobin Hatchery.

By: Northwest Indian Fisheries Commission

 

Tribal and state co-managers continue to improve their ability to track hatchery salmon in the Snohomish watershed.

Both the Tulalip Tribes’ Bernie “Kai-Kai” Gobin Hatchery and the state’s Wallace River Hatchery recently installed new chillers to better mark hatchery chinook, coho and chum salmon.

“One hundred percent of all Tulalip chinook, coho and chum, and all regional chinook hatchery production, is now marked by location and brood year,” said Mike Crewson, Tulalip salmon enhancement scientist.

By altering the water temperature during incubation, hatchery managers can leave a distinct pattern on each fish’s otolith – a mineral structure often referred to as an ear bone, which accumulates daily rings. When fish return as adults, their otoliths are examined under a microscope to identify where and when they were released.

A portion of Snohomish regional hatchery fish also have coded-wire tags inserted into their snouts for identification in fisheries where otoliths are not examined. Also, adipose fins from most hatchery chinook and coho are clipped, which identifies them as hatchery fish but does not tell fishery managers where they are from.

While both of these methods can be expensive and hard on the fish, otolith marking is a cost-effective way to ensure that all the fish are marked and uniquely identifiable simply by changing the temperature of the water going to the eggs.

Tulalip also has hired additional staff and increased the number of returning fish that are sampled from the spawning grounds and in regional fisheries and hatcheries. Tribal technicians remove the heads of spawned-out fish in rivers and hatcheries, and from a representative number of the catch, and read the otoliths in the tribes’ stock assessment lab.

“We run all the otoliths for the entire area,” Crewson said. “It’s an important tool to assess straying and genetic risk and protect tribal treaty rights.”

Data show a significant reduction in hatchery strays since 2004 when 100 percent of the remaining hatchery chinook production was switched to the local native Skykomish River summer chinook broodstock.

“Our treaty fishing rights depend on these fish,” said Terry Williams, Tulalip’s fisheries and natural resources commissioner. “As long as natural production is limited by habitat loss and damage, we will need hatcheries.”

Washington Court Rules Against Landowners In Skagit Water Rights Case

Richard Fox on his Skagit County property. On Tuesday a judge dismissed a lawsuit brought by Fox and his wife, Marnie, challenging a rule that prevents them from drilling a well. The rule is meant to provide water for spawning salmon during dry months. | credit: Ashley Ahearn / KUOW
Richard Fox on his Skagit County property. On Tuesday a judge dismissed a lawsuit brought by Fox and his wife, Marnie, challenging a rule that prevents them from drilling a well. The rule is meant to provide water for spawning salmon during dry months. | credit: Ashley Ahearn / KUOW

 

By Ashley Ahearn, KUOW

EVERETT, Wash. — A judge ruled against a couple Tuesday after they sued for the right to drill a well and build a new home on their property in Skagit County.

The case marks the latest battle in the ongoing fight over water rights in Washington’s Skagit River valley.

Snohomish County Superior Court Judge George Appel dismissed the case brought by property owners Richard and Marnie Fox. He told the couple that they can’t build a home on their property because they don’t have legal access to water.

That’s because of a 2001 rule that basically says there has to be enough water left in the Skagit River to protect spawning salmon

The courtroom was packed. There were a lot of people who had come in from rural parts of the county because this rule affects a lot of property owners. More than 450 property owners stand to have their property values decreased because of this rule — because they no longer have legal access to water.

Critics of the rule said they are calling on state legislators to reexamine this 2001 rule to see what can be done to reset the balance the interests of property owners with the interests of protecting fish.

57 Affiliated Tribes of Northwest Indians Urge Senate to Nix Sacred Land Giveaway

affiliated_tribes_of_northwest_indians_seal

 

Gale Courey Toensing, Indian Country Today

 

More than 70 tribal nations have urged the U.S. Senate to defeat or remove a section of the 2015 National Defense Authorization Act that would transfer a part of the publicly-owned Tonto National Forest that is sacred to the San Carlos Apache Tribe to a giant international corporation for a massive, environmentally devastating copper mine.

The Affiliated Tribes of Northwest Indians(ATNI), a non-profit Oregon-based organization with 57 member tribes, and the 16-member Great Plains Tribal Chairmen’s Association (GPTCA), have each asked senators not to enact Section 3003, the Southeast Arizona Land Exchange, of the annual must pass defense bill. The GPTCA’s letter is available here. The tribes’ actions are in solidarity with San Carlos ApacheChairman Terry Rambler, who has launched a grassroots campaign to defeat the land swap measure.

RELATED: San Carlos Apache Leader Seeks Senate Defeat of Copper Mine on Sacred Land

RELATED: Re: Raiding Native Sacred Places in a Defense Authorization: Everything Wrong with Congress

“If such a land transfer provision seems out of place in a defense bill, that’s because it is. If the idea of transferring the ownership of federal forestlands to foreign mining companies seems absurd, it’s because that’s true, too,” said Fawn Sharp, President of the Quinault Indian Nationand ATNI and Area Vice President of the National Congress of American Indians.

The Southeast Arizona Land Exchange and Conservation Act is a House bill sponsored by Rep. Paul Gosar (R-AZ). It was tacked on to the annual must-pass NDAAalong with several other land-related bills by Sen, John McCain (R-AZ), according to the Huffington Post. The House approved the land swap bill December 4 and sent it on to the Senate for a vote. If approved by the Senate and signed by President Obama, the land swap provision will allow Resolution Copper Co., a subsidiary of the controversial international mining conglomerate Rio Tinto, to acquire 2,400 acres of the federally protected public land in the Tonto National Forest in southeast Arizona in exchange for 5,000 acres in parcels scattered around the state. The United Kingdom-based privately-owned global mining corporation reportedearnings of copy0.2 billion in 2013, a 10 percent increase over the previous year.

Resolution Copper plans a massive deep underground copper mine on the San Carlos Apache’s sacred landscape and has already begun drilling the shaft in anticipation of the land swap bill’s approval.

RELATED: San Carlos Apache Would Get Biggest Shaft Ever in Copper Mine Land Swap

Letters were sent to Senate Majority Leader Harry Reid, Minority Leader Mitch McConnell and the chairs and vice chairs of the Senate Armed Forces and Indian Affairs committees December 9, asking that the Southeast Arizona Land Exchange and Conservation Act be stricken from the NDAA, ATNI contact Steve Robinson said in a media release.

Sharp noted that the land swap is strongly opposed by tribes, tribal organizations, and other governments and groups from across the country, “and for very good reasons,” she said. “This action, of transferring land out of federal ownership removes it from the Federal Trust Responsibility, which, along with treaty rights, is a primary way the tribes have left to protect our traditional lands from being destroyed.”

Referring to Indian country’s decade-long effort to keep the Apache’s sacred landscape out of the hands of the mining company, Sharp said, “We have had to fight this effort before, and we will keep on fighting it.”

The ATNI passed a resolution opposing the land transfer bill in 2011. There were several efforts to move it last year, but a large bipartisan group of members of the House twice pulled the land swap legislation consideration. “The Land Exchange cannot pass Congress on its own merits,” Sharp said. “Attaching this provision as a rider to NDAA represents the antithesis of democracy.”

Sharp said that the proposed giveaway of tribal sacred areas to foreign corporations “constitutes a violation of trust and a slap in the face of our veterans, past and present. These are sacred lands. All land is sacred to us, but this exchange includes a place of worship known as Oak Flat, which has particularly significant religious, cultural, historical, and archeological value to tribes in the region. The land is eligible for protection under the National Historic Preservation Act.”

But once the land is privatized it is no longer protected by federal laws such as the National Historic Preservation Act, the Archaeological Resources Protection Act, the Native American Graves Protection and Repatriation Act, the American Indian Religious Freedom Act, the National Environmental Policy Act, and Executive Order 13007— Protection of Indian Sacred Sites.

The land swap act also sets a bad precedent, Sharp points out, because it does not allow for any meaningful consultation with tribes and mandates the land transfer within one year of its passage without any studies or environmental impact assessments.

“As if that’s not enough, Resolution Copper would develop a copper mine that will forever destroy the tribes’ religious practices by irrevocably harming the region’s water supply and quality,” Sharp said. “At what point do human rights and justice stop taking a backseat to profiteering in this country?”

The ATNI was formed in 1953 and is the largest regional Indian organization in the country dedicated to tribal sovereignty and self-determination. ATNI represents tribal governments from Oregon, Washington, Idaho, Northern California, Southeast Alaska, and Western Montana.

 

Read more at http://indiancountrytodaymedianetwork.com/2014/12/12/57-affiliated-tribes-northwest-indians-urge-senate-nix-sacred-land-giveaway-158266

Whatcom’s new Superior Court judge has tribal background

Raquel Montoya-Lewis, shown in her office at Fairhaven College in 2011, was appointed to a new seat on the Whatcom County Superior Court by Gov. Jay Inslee on Monday, Dec. 15, 2014.RHYS LOGAN | WWU — Courtesy to The Bellingham Herald
Raquel Montoya-Lewis, shown in her office at Fairhaven College in 2011, was appointed to a new seat on the Whatcom County Superior Court by Gov. Jay Inslee on Monday, Dec. 15, 2014.
RHYS LOGAN | WWU — Courtesy to The Bellingham Herald

 

By Ralph Schwartz, Bellingham Herald

 

Whatcom County will have its first Native American Superior Court judge in 2015.

When Raquel Montoya-Lewis begins her term in January, she also will be the only Superior Court judge of tribal descent in the state.

Gov. Jay Inslee announced Monday, Dec. 15, he had appointed Montoya-Lewis to Whatcom County Superior Court. Montoya-Lewis, 46, is from the New Mexican tribes Pueblo of Laguna and Pueblo of Isleta. She is chief judge for the Nooksack and Upper Skagit tribes, and an associate professor at Western Washington University’s Fairhaven College.

“I’m really excited and honored to serve Whatcom County in this role,” Montoya-Lewis said in a phone interview on Monday. “I also recognize the importance of the appointment in terms of the question of diversity. I think it’s really important that the state court system reflect the people that it serves.”

“Raquel’s 15 years of experience as a judge will be well appreciated on the Superior Court,” Inslee said in a statement. “She is wise and has a strong commitment to service and to promoting justice. I know she will serve the community and the court exceptionally well.”

Montoya-Lewis was named this year to the Federal Advisory Committee on Juvenile Justice. She also is an appellate judge for the Northwest Intertribal Court System.

She was heartily endorsed by Bellingham City Council member Roxanne Murphy, a member of the Nooksack Indian Tribe.

“She has handled some of our most complex cultural, political and societal issues and managed these cases with the utmost care, intelligence, timeliness and fairness,” Murphy wrote in an email to the governor she sent on Wednesday, Dec. 10.

Montoya-Lewis has presided over the highly publicized “Nooksack 306” case in tribal court. The tribal council seeks to disenroll 306 members who the council says were mistakenly added to the rolls in the 1980s. The case has gone back and forth, but Montoya-Lewis has generally ruled in favor of the council, saying it has broad authority over membership decisions.

Montoya-Lewis remains the presiding judge in the case, and she said Monday she couldn’t comment on it.

The governor’s appointment stems from a bill passed by the 2013 Legislature authorizing a fourth Whatcom County Superior Court judge. Inslee’s selection comes two years after Deborra Garrett became the first woman to be elected to Whatcom County Superior Court. Besides gender balance, the appointment provides the court with another judge to take on the backlog of civil and felony criminal cases in the court.

“I think Raquel is going to be able to come in and hit the ground running,” Judge Charles Snyder said. “We’ll probably start giving her cases as soon as she gets in the door.”

Snyder sat with Montoya-Lewis on a panel discussing diversity in the legal system in 2012.

“I found her to be a very bright person who obviously has a good knowledge of the law,” Snyder said on Monday. “She will bring a new perspective, being the first Native American to come on the (Whatcom) bench.”

Montoya-Lewis emphasized her impartiality, regardless of who comes before her in the courtroom.

“There is certainly a large number of native people that come through the civil and criminal court in Whatcom County,” she said. “I think I will bring a unique perspective in serving that part of the community, but I see my role as serving the entire county. I see my role as being fair and neutral and unbiased.”

 

Tribes Reluctant To Follow Northwest Voters On Legal Marijuana

File photo. Northwest tribes are in no rush to legalize marijuana.Austin Jenkins Northwest News Network
File photo. Northwest tribes are in no rush to legalize marijuana.
Austin Jenkins Northwest News Network

 

By Jessica Robinson, NW News Network

The U.S. Department of Justice this week opened the door to a legalized pot market on tribal land.

But many Northwest tribes appear to be in no rush to go in the direction of Oregon and Washington voters.

The Department of Justice said it will treat Indian tribes that legalize pot with the same hands-off prosecutorial approach that it’s treated states with legal pot. That means there could be a potentially lucrative marijuana business on reservations even in states like Idaho, where pot remains illegal.

But it’s still up to the tribe.

Charles Sams of the Confederated Tribes of the Umatilla Indian Reservation said drug law enforcement is a matter of public health.

“The tribe will continue to prosecute and cite those folks who are in violation of those laws,” he said.

In Washington, the Yakama Nation wants to ban sales both on its reservation and on millions of acres of surrounding land where it has treaty rights.

The Department of Justice decision came as a surprise to many tribes. The policy adviser for the Coeur d’Alene Tribe in north Idaho said legalizing pot hadn’t even been on the tribe’s radar.

Tribal history and culture to be taught at all MSD schools

Marysville School Board members, MSD Native American Liaisons, Denny Hurtado of WA Office of Native Education and Dr. Kyle Kinoshita the Ex. Dir. of Learning and Teaching, Monday, Dec. 8, 2014, following the passing of Since Time Immemorial curriculum in MSD schools. (Tulalip News/ Brandi N. Montreuil)
Marysville School Board members, MSD Native American Liaisons, Denny Hurtado of WA Office of Native Education and Dr. Kyle Kinoshita the Ex. Dir. of Learning and Teaching, Monday, Dec. 8, 2014, following the passing of Since Time Immemorial curriculum in MSD schools. (Tulalip News/ Brandi N. Montreuil)

MSD adopts Since Time Immemorial curriculum during regular board meeting

By Brandi N. Montreuil, Tulalip News

MARYSVILLE – The work to correct history began long before the Marysville School Board met on December 8, to vote on adopting accurate tribal history and culture via the Since Time Immemorial curriculum into their district schools. The idea was first introduced by then newly elected Rep., John McCoy (D-Tulalip), in HB 1495 on January 26, 2005. The bill proposed requiring school districts to offer tribal history and culture along with Washington State and United States history curriculum. It passed 78-18 in the House on March 9, 2005. However, since then school districts have lagged in offering accurate tribal history on the 29 federally recognized tribes located in Washington state. On December 8, MSD decided to unanimously pass adopting the Since Time Immemorial curriculum as part of required curriculum in all their schools.

“This is awesome. This is a big district and to have a school board adopt it means a lot to us at the Native Office of Education, us as Indian people, and the people who created it. This is a great thing, because they are saying how important it is to start teaching about our history and our culture,” said Denny Hurtado, the outgoing Director of Washington Office of Native Education, following the vote.

STI is the result of partnership between the State of Washington Office of Superintendent of Public Instruction, private and public agencies and several of the 29 federal recognized tribes in Washington state. The curriculum provides a basic framework of Indian history and understanding of sovereignty for grades k-12. Aligned with the Common Core standards for English, language and art, STI lessons can be adapted by teachers to reflect the specific histories of tribes in their local area.

Denny Hurtado, outgoing WA Office of Native Education Director speaks to Marysville School Board, Monday, Dec. 8, 2014, on developing Since Time Immemorial curriculum. (Tulalip News/ Brandi N. Montreuil)
Denny Hurtado, outgoing WA Office of Native Education Director speaks to Marysville School Board, Monday, Dec. 8, 2014, on developing Since Time Immemorial curriculum. (Tulalip News/ Brandi N. Montreuil)

Teachers Shana Brown from the Seattle School District who is of Yakima dependency, Jerry Price, a middle school teacher with the Yelm School District and Elese Washines, an educator in the Yakima Nation Tribal schools, developed the curriculum under the leadership of Hurtado. STI was designed not just for non-Native students, but also for Native students. Its purpose, explained Hurtado to MSD board members, is to breakdown Native American stereotypes and misconceptions and to build bridges between tribal communities and non-Native communities.

“All they [students] know about us is what they learned in school, which is very little, and what you see on TV, which is not true, and what you read about during Columbus Day and Halloween,” Hurtado said before the vote.  “I didn’t want this curriculum to seem like it was just an Indian thing. This was a true partnership to develop something good for our school to use. The purpose is to build bridges between our community and your community. That is a big point for us Indian people, because we have a lot of mistrust of the education system because our first experience of education was the military boarding schools.”

Over 1,000 teachers have received STI training by the Washington State Office of Native Education and 30 percent of school districts in Washington are using STI curriculum in some shape or form. Montana, Oregon and Alaska have also adopted STI curriculum in their school districts, and currently the Seattle School Board is looking into implementing it into their schools.

Tulalip member and MSD Native Liaison Eliza Davis speaks to Marysville School Board members, Monday, Dec. 8, 2014, on the importance of accurate tribal history in school curriculum. (Tulalip News/ Brandi N. Montreuil)
Tulalip member and MSD Native Liaison Eliza Davis speaks to Marysville School Board members, Monday, Dec. 8, 2014, on the importance of accurate tribal history in school curriculum. (Tulalip News/ Brandi N. Montreuil)

Matt Remle, a Lakota Native from the Standing Rock Reservation and Native American Liaison with MSD, who was present for the voting, said the change was long overdue. Fellow liaison, Eliza Davis, Tulalip tribal member, said the history of her own Tribe was lacking during her high school education.

“I graduated from Marysville-Pilchuck High School. I remember in Washington State history we watched the movie “Appaloosa.” That is what I remember of Washington State history. I don’t remember learning a whole lot about our Indian people or about Tulalip Tribes. I support the curriculum 100 percent. It is so important for our kids, all of our kids, and the whole community to understand the true history of all Washington Tribes, and also the history of Tulalip, Marysville, and what Tulalip does for this community as a whole. I think adopting this curriculum is the right direction.”

“I am excited for this day. I am excited about this and I am ready to approve this. We should have had this a long time ago,” said MSD board member Chris Nation right before the unanimous vote.

For more information on STI, please visit the website www.indian-ed.org.

 

Brandi N. Montreuil: 360-913-5402; bmontreuil@tulalipnews.com

 

The Invisibles: Seattle’s Native Americans

They’re rarely seen or heard, but the statistics on the population’s health, education, and happiness speak loud and clear.

 

15-year-old Rose Gibbs stands before portraits of Chief Seattle and Chief Joseph, among others, painted by Andrew Morrison at the Wilson-Pacific Building. Photo by Joshua Huston
15-year-old Rose Gibbs stands before portraits of Chief Seattle and Chief Joseph, among others, painted by Andrew Morrison at the Wilson-Pacific Building. Photo by Joshua Huston

 

 

By Matt Driscoll, Seattle Weekly News

Rose Gibbs is tough. Behind a youthful face and crystal-clear brown eyes resides a person hardened beyond her years. She’s been in foster care for the past five, citing her mother’s alcoholism as the reason she and six of her siblings landed there. At 15, she wears a San Francisco 49ers beanie and a look of unease when talking to a reporter. She says she “had to grow up too fast,” and it’s hard not to agree with her. Rose, who identifies as both Latina and a member of the First Nations Lyackson Tribe, is currently attending Ingraham High School in north Seattle. In the course of her life, including stints in Canada, Rose says she’s gone to “more than 10, maybe 20” schools. She thinks seven of those have been in the Seattle School District, but she’s not sure.

“I guess, I don’t know. I honestly forgot,” she says. “There’s a big blank, between when I was younger and now. I really don’t remember.”

It’s an understated and understandable answer from a girl who seems accustomed to hiding vulnerability with aloof, indifferent distance. But it doesn’t take much to push past Rose’s hardened front.

“It happened in fourth grade,” she says of the moment alcohol and domestic violence collided, altering her life’s trajectory in an instant.

And then tears.

Rose rarely sees her mom these days, she says after a wrenching pause. Since then she’s spent time with five foster families, but hasn’t felt at home with any of them. She’s stubborn, she admits, and looks forward to her last two years “in the system.” She says she misses her siblings, and hopes one day to reunite with them.

Rose started coming to the Urban Native Education Alliance’s Clear Sky Native Youth Council, where I met her, back in April. At this point she’s what UNEA Chair Sarah Sense-Wilson describes as a “regular,” with an “indomitable spirit” —and a good example of exactly the kind of local kid the nonprofit tries to reach. Through Clear Sky, the UNEA offers tutoring, art, a sense of cultural belonging, and—perhaps most anticipated—a solid meal to urban Native American kids who need it. As it turns out, plenty in the Seattle area do.

Rose and I are seated at a round table inside the Seattle School District’s Wilson-Pacific Building. Compared to my previous visit to Clear Sky, where I’d first met Rose three weeks ago, things are considerably more comfortable. There’s heat this time. And bathrooms that work. On my first visit, the urban Native kids who come to Clear Sky gathered in a cafeteria toward the back of the soon-to-be-razed school building. The missing tiles from the ceiling and floor, and the sign on the door reading “RESTROOMS CLOSED/NO WATER” gave the gym an air of abandonment.

But tonight’s different. The meeting has been moved to a new room, and the upgrade is palpable. UNEA Co-Chair Mary Ann Peltier, who is from the Chippewa, Assiniboine and Sioux tribes, spills the details: They struck a deal with the school district, agreeing to pay $18.35 a night for the improved amenities.

A bad building wasn’t keeping Clear Sky from working its magic, however. While jackets were sometimes required, the decrepit, mural-covered cafeteria at the back of the Wilson-Pacific building was enough for Peltier and Sense-Wilson, a straight-shooting member of the Oglala Sioux tribe, to roll up their sleeves and get to work in. The UNEA’s flagship program, Cleark Sky held its first meeting in 2009, and they’ve been at it every week since.

“You donate?” Sense-Wilson drills me, nearly the moment we meet. “I’m just kidding. I know writers don’t make much money. ”

Sense-Wilson smiles as she ribs me. The room is abuzz. Subway sandwiches are on the menu, along with a class called “‘Native Journalism 21st Century.”  The Clear Sky mission of promoting “cultural, traditional activities and educational achievement” is alive around us. Though the UNEA also offers a basketball program and various other special events geared toward the urban Native population, the Clear Sky Youth council is the nonprofit’s gem. Sense-Wilson says the program provides academic support for “ensuring the success of Native learners,” and boasts a 100 percent high-school graduation rate.

Outside the walls, however, things get difficult for young urban Natives like Rose, who live off the reservation, a minority among minorities in the city. According to census data, only .8 percent of Seattle identifies as American Indian or Alaska Native alone—a mere blip in a city named after Chief Sealth which was home to Native peoples thousands of years before a white person ever set foot here. It’s a demographic that faces a daunting set of challenges.

“You can turn a corner and see someone you relate to,” Peltier tells this white reporter. “I can turn many corners, and won’t relate to anyone.”

It can be lonely, and worse. And it isn’t getting better. According to information presented in the Seattle’s Race and Social Justice Initiative three-year plan for 2012 to 2014, American Community Surveys over the last 20 years show that the poverty rate for Natives in Seattle has fluctuated, but only slightly. In 1990, 33 percent of Natives lived in poverty; in 2000, it was 29 percent; by 2009, it was back up to 30 percent. That’s higher than the poverty rate for any other ethnic group. Meanwhile, the poverty rate for white Seattleites has stayed steady at just 9 percent.

For urban Native kids, the stats can look even worse. According to the “Community Health Profile” for the Seattle Indian Health Board released in December 2011, in King County 46.6 percent of American Indian and Alaska Native children under age 6 lived below the poverty line between 2005 and 2009, compared to 13.2 percent of children in the general population.

The difficulties only continue from there, and for a population as small, diverse, and historically maligned as this one, even finding a starting point from which to dig out can seem daunting. They include the pronounced education achievement gap between Native students and whites, resulting in historically low graduation rates and high dropout rates for American Indian and Native Alaskan students; numerous health concerns, from asthma to diabetes and obesity; addiction and alcoholism; domestic violence; a disproportionate rate of homelessness; and institutional neglect. And the fact that Natives, 1.5 percent of the overall population, make up 4.4 percent of Washington’s prison population.

There’s also the simple fact that placing an umbrella ethnic classification like “Native American” over a group of city-dwelling people from hundreds of tribes and countless cultural traditions simply doesn’t accurately define it.

As a result, the population often fades into the firmament.

“Sometimes I don’t think they see us,” Rose says. It’s a common sentiment. Changing people’s fortunes—as Clear Sky aims to do—often begins with confronting this sense of aloneness, pounded into Seattle’s Natives by politics, policy, perceptions, and nearly 200 years of history.

“To not have any representation that reflects who you are, or honors your cultural, your tradition, your history, it’s really a profound psychological, oppressive place to be,” Sense-Wilson says.

Clear Sky is a bright spot. Looking around on this Tuesday night, there is hope to be had. There’s Rose and her improved grades and self-worth. There are the other 40 or so kids who have arrived, each equally important. There are Sense-Wilson, Peltier, and the other adult volunteers, filling a need for their community when no one else did. And there are smiles.

You get the feeling that if the uncertain future of Seattle’s urban Native community is to be bright, it will likely start with exactly the kind of thing happening here.

“When we do see each other, we know,” Peltier says of the Native community in Seattle and what happens at Clear Sky. “We know when we connect.”

 

Mary Ann Peltier, left, and Sarah Sense-Wilson help run Clear Sky Youth Council meetings every Tuesday and Thursday in the Wilson-Pacific Building.
Mary Ann Peltier, left, and Sarah Sense-Wilson help run Clear Sky Youth Council meetings every Tuesday and Thursday in the Wilson-Pacific Building.

 

Call it a starting point.

It’s cold outside when the January 17 gathering of the state House’s Community Development, Housing & Tribal Affairs Committee comes to order—the kind of miserable weather Olympia is known for. On the docket is a work session titled “The Urban Indian Experience.”

With only the very occasional yawn, the seven lawmakers who make up the committee have come together this Friday afternoon to learn about the plight of urban Native Americans. For the elected policy-makers, it’s a chance to learn. For those invited to teach them, it’s a chance to have a voice in the halls of power.

Ralph Forquera, a member of the Juaneño Band of California Mission Indians and the executive director of the Seattle Indian Health Board, is first up. The semicircle of seated decision-makers listens as he gets into specifics, trying his best to describe the 29 federally recognized tribes and six unrecognized ones that meld together, along with countless individual Native transplants from across the continent, to make up our state’s remarkably diverse urban Native population. (Nationally, there are 566 federally recognized tribes and hundreds of unrecognized ones.) It’s no easy task, which is part of the larger problem.

The population is mixed, with varying ties to local, national, Canadian, and Alaska Native tribes, Forquera tells them. Some, like the 4,809 Seattle residents who identified as American Indian or Alaska Native alone in 2010, show up on the census. Many more don’t, for reasons both simple and complex. Who is an American Indian these days, and who marks the box when asked? “It’s a very difficult question to answer,” Mark Trahant, a former editor of the Seattle Post-Intelligencer editorial page and current Atwood Chair of Journalism at the University of Alaska Anchorage, tells Seattle Weekly. Trahant, a member of the Shoshone-Bannock tribes and the former president of the Native American Journalists Association, has written extensively on the lack of clear data on the Native population.

Some Natives have long hesitated to identify themselves for statistical purposes, Trahant says by phone from his office in Alaska. Others have unclear or mixed ethnic identities. How much of a connection must one have to identify as Native? What’s required by the tribe? Different ones have different standards, Trahant notes. And what about the growing generations of urban Natives off the reservations? How can we accurately account for them? None of these questions have easy answers, he says.

“Census is not very sensitive to tribe, it’s more sensitive to race,” Forquera later adds, saying “We don’t really know” how many people of American Indian heritage live in Seattle. “There aren’t any really accurate representations of the size of the population.”

But some of the numbers are indicative enough, and Forquera confronts the harsh realities every day. Leading the Seattle Indian Health Board and the Urban Indian Health Institute, he knows the “Community Health Profile” delivered in 2011 states that Natives in King County die of “unintentional injuries” (that is, accidents) more than twice as often as anyone else, at a rate of 79.3 per 100,000 deaths (compared to 32.4 per 100,000 among the general population). They suffer from asthma more than twice as often (17.3 percent vs. 8.1 percent), and diabetes too (12.2 percent vs. 5.9 percent). They’re nearly twice as likely to be obese as the general population (36.3 percent vs. 20.1 percent). The list goes on, and Forquera knows all of it well.

While his expertise is in health, this afternoon Forquera is also a history teacher. In his allotted 10 minutes, he does his best to deliver CliffsNotes on the past 160 years, providing a basis for what’s seen on the ground today. Natives inarguably have been a part of Seattle’s identity since the Denny Party’s arrival at Alki in 1851—and, of course, were the area’s identity for thousands of years before white men tied their boats to Puget Sound shores and pushed them to the side.

Addressing the “Myth of the Vanishing Race”—or, that stuff about Indians being savages and naturally giving way to white guys and their civilizations—William Cronon writes in his preface to Coll Thrush’s 2007 book Native Seattle: “Perhaps in part because Indian peoples have long been associated with ‘nature,’ it has been remarkably easy not to notice their presence in places marked as ‘unnatural’ in American understandings of landscape. Chief among these are urban and metropolitan areas, which for more than a century have provided homes for people of American Indian descent to a much greater degree than most people realize.”

In Washington, as of the 2010 census, 74 percent of those identifying as American Indians or Alaska Natives lived in cities, up from 71 percent in 2000. Statewide, the population of urban Natives is growing. According to data provided by Leslie E. Phillips, Ph.D., the scientific director at the Urban Indian Health Institute, from 2000 to 2010 Washington’s American Indian/Alaska Native population increased 30 percent, from 113,625 to 147,371.

Seattle hasn’t always been very accommodating to its Native population. As Thrush, an assistant professor of history at the University of British Columbia, describes in his book, one of the first ordinances passed in the newly incorporated Seattle back in 1865—Seattle Ordinance No. 5, to be exact—declared that “no Indian or Indians shall be permitted to reside” in the city. A complex dynamic even back then, the ordinance also mandated that those who employed Natives “provide lodgments or suitable residences . . . ” It was, from the very start according to Thrush, an “attempt to codify a middle road between segregation and integration.”

The national move toward reservations goes back even further, to a series Indians Appropriation Acts that started in 1851 and formalized the process of relocating Natives to land set aside for them by the U.S. Government. As Trahant notes in a recent research paper, however, many of the country’s earliest Native American policies have been based on the conquering view that American Indians would one day be extinct. “The assumption had come down from the earliest of times, not always voiced, but implicit, that the native inhabitants of the New World would become extinct. The notion grew stronger as the settlers waxed in numbers and the demand for living room accelerated,” D’Arcy McNickle, a member of the Confederate Salish and Kootenai tribes, wrote in his 1973 book, Native American Tribalism.

The extinction never materialized. Today, according to numbers from the United States Bureau of Indian Affairs, approximately 56.2 million acres are held in trust for Indian tribes and individuals, and there are approximately 326 Indian land areas in the U.S. The most recent numbers from the BIA indicates nearly two million enrolled tribal members.

Though local and federal government has done its part to drive Natives from Seattle, it’s also worked to bring them back to the city—for better or worse. A swell created by the federal assimilation policies in the 1940s, ’50s and ’60s—like House Concurrent Resolution 108, for example, which officially terminated the federal government’s acknowledgement of tribes from New York to California—pumped Natives into cities. The idea—or the stated one—was to free Native Americans of federal supervision and provide them with the same opportunities as other citizens.

The negative consequences, however, were noticeable. “An awful lot of people just ended up exchanging reservation poverty for urban Indian poverty,” Forquera tells Seattle Weekly of the assimilation movement. “It was a pretty cruel thing, actually.”

Nearly 150 years later, the effects of those early injustices are still felt. According to Chris Stearns—a gregarious state gambling commissioner, attorney and member of the Navajo Nation from Auburn—Natives often don’t trust the government, and things like Seattle’s Ordinance No. 5 have historically given them good reason not to. “You can’t unwind that,” says Stearns, the former chair of Seattle’s Human Rights Commission. “We were literally kicked out. That’s the bedrock of the relationship of Seattle with its Native population.”

The impact is more than psychological. This historical push and pull yields a Seattle urban Indian population that’s difficult to define—a mix of local, regional, national, and international Native people who call the city home. Thanks to small numbers and sheer heterogeneity, they exist without much voice, and often without a tangible connection to their heritages. “It’s a very diverse cultural mix, which makes it difficult to describe who we are and why we have specific needs,” Forquera offers. “As a subset of the total community, we’re very small. There’s very little attention paid to these smaller groups.”

On at least one Friday afternoon in Olympia this session, that wasn’t the case. “Be assured, we’re not just going to let this drop by the side,” Community Development, Housing and Tribal Affairs Chair Sherry Appleton (D-Poulsbo) says for the official record, before closing the meeting.

“It seems like the door was opened a little bit,” Forquera would later say of the work session, “so we’re trying to stick our foot in to keep it open.”

So far during the 2013 and 2014 sessions in Olympia, 40 bills relating to Native issues have been dropped; four have been passed by both chambers and signed by the governor.

 

As Rose will tell you, the invisibility felt by Natives in the general population shows up in Seattle’s schools. But according to those who’ve been around far longer than she has, this wasn’t always the case.

The District’s Indian Heritage High School, which for years found a home in the very same Wilson-Pacific building where Clear Sky now reserves a room on Tuesday and Thursday nights, was created in 1974. By the mid-’90s, the late Principal Bob Eaglestaff, a Lakota from the Cheyenne River Sioux reservation, was credited for turning the program into a national model for urban Native American education. The innovative school, which provided public education to Native students embracing cultural identity and Native American history, sought—with impressive success—to combat low graduation rates among Native students. District spokesperson Teresa Wippel points to the Seattle Public Schools history books when describing Indian Heritage, noting the 100 percent graduation rate it achieved by 1994.

However, citing low enrollment numbers, the District transitioned the Indian Heritage High School program in 2000, making it one of its then-five middle colleges (or alternative schools) that serve students of all demographics at risk of dropping out. By 2012, the Seattle School District reported that only seven of the school’s 50 students were Native. Preparing for the demolition and replacement of the Wilson-Pacific building in 2015, this year the Indian Heritage middle college program was consolidated with one located at Northgate Mall. As Wippel admits, “The withdrawal of district support and resources resulted in the decline of the program.”

Back at Clear Sky, the Seattle School District’s attempts to serve its Native population directly impact the 15-year-old sitting across from me. And with a few sharp—and obvious—exceptions, the challenges in Rose Gibbs’ life aren’t all that different from those of the children who surround us at the Clear Sky Youth Council, now beginning to line up for dinner.

In school, Rose says she does well in Spanish and history, but struggles in English and science. Sometimes she has trouble getting to school on time, a trip that requires two city buses. She admits to “hanging out with the wrong people” last year, but this year at Ingraham, things have been better, she says. I ask about friends; she tells me she has one. When I ask her whether she thinks the school district cares about her, she says, “Not really.”

The picture painted by the stats for young Native students like Rose isn’t pretty. In the Seattle School District, only about one percent of the roughly 50,000 kids identify as American Indian or Alaska Native. According to the 2013 Seattle Public Schools District Profile, in 2010 and 2011 Native students had the highest drop-out rate and lowest graduation rate of any demographic. While results vary from year to year, the report notes that “The American Indian ethnic group has historically had the highest dropout rates.”

A U.S. Department of Justice Indian Education grant application for the 2013–14 school year provided by the District depicts American Indian students well behind in mathematics, reading, and science. WASL scores in reading and mathematics for American Indian students are also the lowest of any ethnicity. Statewide, a 2008 report from the state Superintendent of Public Instruction’s Office detailed the achievement gap between white students and Native Americans, showing Native fourth-grade boys and girls behind white students in National Assessment of Educational Progress (NAEP) math and reading scores, among other deficiencies. In King County, the Seattle Indian Health Board “Community Health Profile” released in Dec. 2011 indicates that 18.3 percent of those 25 and older who identified as Native American or Alaska Natives reported not having finished high school or obtained a GED—a rate more than twice that of the general population.

Given these struggles, it’s no surprise that Seattle Schools Superintendent José Banda has made closing the achievement gap between Native and white students a theme of his administration. In his 2013 “State of the District” address, delivered last November, Banda said: “We still have unacceptable achievement gaps between our students of color and our white students, and we’re not making steady progress with our Native American students. We simply must and will do better.”

But how? That depends on who’s answering. Many in the Native community call for more Native-specific curricula, more cultural inclusion, Native language courses, and—primarily—a return of the District’s Indian Heritage High School. This last would be a decision for the School Board, Wippel says.

“Our biggest challenge and our highest priority at Seattle Public Schools is closing the achievement and opportunity gap,” says Wippel, “while at the same time raising expectations for students meeting or exceeding standards. While we truly believe it is possible to eliminate the gap, it will not happen without a focused, well-articulated plan for providing a challenging and rigorous curriculum for each and every student.”

For Native students, according to Shauna Heath, the executive director for curriculum and instruction for Seattle Public Schools, this plan includes targeting resources; utilizing federal grant funding; working to place a liaison for Native students in every school; implementing a Washington Tribal Sovereignty curriculum (which has already started in West Seattle and will continue in 2014–15); and connecting students with Native professionals and role models.

The District also hired Gail Morris as its new Native American Services Manager in October. From the Ahousaht First Nation, and locally having adopted the Muckleshoot tribe, Morris’ job, among other things, is to help ensure that as many Native students as possible qualify for Title III and Title VII federal education funding. Historically, this has been an area of struggle for the District, with funding having been lost in the past and auditors on four occasions finding that Seattle Schools overrepresented the number of Native students who meet these requirements.

District-wide, another area of concern has been Seattle’s special-education program, which hits Native students particularly hard. A December 4, 2013 “Native American Education Board Update” from the district indicates that 29.9 percent of Native students are identified as qualifying for special education—the highest percentage of any demographic in the district. Many of these Native families have voiced complaints.

Especially troubling, says Deborah Sioux Cano-Lee, board president of the nonprofit Washington Indian Civil Rights Commission, are reports from Native families that their special-education students aren’t receiving the support that their student learning plans require under federal law. Sioux Cano-Lee says her agency has received at least 16 such complaints, and they’re being investigated. Unfortunately, this is hardly the first time the Seattle Public Schools’ Special Education department has faced such scrutiny. The state Office of Superintendent of Public Instruction has chastised the program, even threatening to withhold federal funding, ordering problems (the failure to update and administer student learning plans and provide consistent special-education services from school to school) to be fixed.

“In all fairness, I’m going to have to say that [Superintendent] Banda inherited a huge mess,” offers Sioux Cano-Lee. “This didn’t start under his administration. This was an ongoing issue.”

Wippel says the District is aware of complaints from Native special-education families and others. She says these concerns go “beyond any one ethnic group,” while also noting that, when it comes to the District’s Native families, Morris frequently sits in on individual education plan meetings “in an effort to ensure that those families’ concerns are being addressed.”

“Our new Executive Director of Special Education, Zakiyyah McWilliams, has gone on record as saying that the Special Education department has experienced a high degree of staff turnover during the years and that instability has contributed to these types of concerns,” Wippel continues. “She has made it her highest priority to address these issues.”

As for the achievement gap, Wippel is blunt in expressing the District’s belief that closing it isn’t something it can do alone. In her words, it will require “intentional and strategic partnerships with our diverse families and community partners.”

Asked to describe Clear Sky’s relationship with the Seattle School District, however, Sense-Wilson offers a vague but telling assessment: “It’s complicated.”

“I’m from Seattle. I grew up here,” she explains. “I went to Seattle public schools, so I know that experience of going to school day in and day out and not being able to relate in the same way, and that constant pressure of conforming and not having your identity honored or recognized.” Rose breaks it down in far simpler terms. “Since we have the lowest scores, no one really cares,” she says, making it apparent that despite the district’s recent efforts, work remains.

“There’s not much to say, not much to tell,” Rose surmises.

If only that were true.

 

There are places to turn for young Natives in Seattle.

In addition to organizations like the Urban Native Education Alliance, the Clear Sky Youth Council, the Daybreak Star Indian Cultural Center and the Red Eagle Soaring Native youth theater group, nonprofits like Longhouse Media exist—at least in part—to help create a Native community within the city. Created in 2005 and currently run from a small office in the back of the Northwest Film Forum building on Capitol Hill, Longhouse was developed to “nurture the expression and development of Native artists,” according to Executive Director Tracy Rector.

A 42-year-old who identifies as Choctaw, Seminole, African-American, French, Irish, Scottish, and Hungarian, Rector grew up in Seattle and says many of the stories her 9-year-old Native-run nonprofit helps to tell “specialize in the urban native experience.” Since 2005, Rector says, Longhouse Media has helped make more than 360 short films and worked with 2,200 students—all of them young, all of them Native. She says over 80 percent live at or below the poverty line.

“In my own experience as someone who’s mixed-race and someone who didn’t grow up on a reservation, there are unique challenges in terms of our cultural intelligence and being accepted,” Rector says. “Our self-awareness as a Native person is very unique, because we also have all these other facets of who we are, and challenges and realities. [We’re] living in a big city, and negotiating what that means.”

In some ways, the role reservations have often played for rural natives in creating community and finding a voice is a void filled for urban Natives by local organizations like Longhouse. “Our people need to tell our own stories,” she offers, “and that’s what we’re committed to.”

“Many of our students haven’t been to their reservations before,” Rector says. “Their connection to their people is based on their connection as being identified as urban Native.”

Even with the work of her organization and many others, Rector worries about what the future holds for the small but important slice of Seattle’s population. Much like the ordinance that pushed Native people out of the city shortly after Seattle’s incorporation, she says gentrification and the disappearance of housing for low-wage or working-class Native families is doing the same, forcing them to “Federal Way and beyond.”

It’s a source of growing frustration, and it angers Rector. “Everybody deserves to be impacted by the beauty of Native culture in this city,” she says. “Native history is Seattle’s history.”

If Seattle’s history is Native history, then the city’s future is tied to the struggling urban Natives who call it home. As long as the city’s first peoples suffer, we suffer as a city. And for every kid at the Clear Sky Youth Council on this Tuesday night, the future is of direct consequence.

For Rose Gibbs, plotting a successful course into that future isn’t about census numbers, statistics, or trends. It’s about finding a way to pass English and science and finish the 10th grade at Ingraham. It’s about graduating from high school and, she hopes, making it to college—something Rose wants, but isn’t sure will be possible. Talking about the future elicits an equal mix of defiant self-confidence and uncertainty. She’ll be fine, she promises. She’s just not sure how.

One thing Rose is certain about, however, is that Clear Sky has helped. It speaks to the power of a grassroots movement and the importance of an invested community. It speaks to what people can do, even when it feels as if 98 percent of the population doesn’t see them; to resiliency and hope; to the promise of tomorrow, for Rose and others.

“I feel like I got support here,” Rose says of her time at Clear Sky. “It’s helping me know what it means to be Native.”

With that, she gets up and joins her friends. At this moment, in this warm room with working bathrooms, filled with people who care, Rose is anything but invisible.

Call it a starting point.

 

Rep. Paul Gosar Calls Native Americans ‘Wards Of The Federal Government’

UNITED STATES - NOVEMBER 14: Rep. Paul Gosar, R-Ariz., talks with reporters outside a meeting of House Republican Steering Committee meeting in Cannon Building, November 14, 2014. (Photo By Tom Williams/CQ Roll Call) | Tom Williams via Getty Images
UNITED STATES – NOVEMBER 14: Rep. Paul Gosar, R-Ariz., talks with reporters outside a meeting of House Republican Steering Committee meeting in Cannon Building, November 14, 2014. (Photo By Tom Williams/CQ Roll Call) | Tom Williams via Getty Images

 

By Felicia Fonseca, AP

FLAGSTAFF, Ariz. (AP) — U.S. Rep. Paul Gosar’s reference to American Indians as “wards of the federal government” has struck a harsh chord with tribal members and legal experts in the days following a discussion about a controversial Arizona land deal that would make way for the country’s largest copper mine.

The Arizona Republican was responding to concerns from Phil Stago of the White Mountain Apache Tribe when he made the comment that stunned people at the round-table talk.

Stago said the phrase is antiquated and ignores advances made in tribes managing their own affairs and seeking equal representation when it comes to projects proposed on land they consider sacred.

“He kind of revealed the truth — the true deep feeling of the federal government: ‘Tribes, you can call yourselves sovereign nations, but when it comes down to the final test, you’re not really sovereign because we still have plenary authority over you,'” Stago told The Associated Press.

Gosar spokesman Steven Smith said that wasn’t the intent of the congressman, whose constituents in the 4th Congressional District include Apache tribes. He didn’t respond to requests to elaborate further.

“If that’s what he got out of that, I think it’s misconstrued,” Smith said. “If you look at the work the congressman has done, that’s far from the truth.”

Smith said Gosar has been an advocate for strengthening the relationship between tribes and the federal government. He pointed to legislation he sponsored this year that would do so.

Gosar held the discussion Friday in Flagstaff with Democratic Rep. Ann Kirkpatrick, who grew up with Stago on Arizona’s Fort Apache Reservation.

Dozens of people attended the meeting to discuss land, mining and forest issues with the representatives.

One topic they addressed was a proposal to swap 2,400 acres of southeastern Arizona’s Tonto National Forest for about 5,300 acres of environmentally sensitive land throughout the state controlled by a subsidiary of global mining giant Rio Tinto. Stago said the proposal was disrespectful to tribal sovereignty.

Gosar said: “You’re still wards of the federal government,” according to the Arizona Daily Sun.

While former U.S. Supreme Court Chief Justice John Marshall described tribes’ relationship with the federal government as that of a ward to its guardian in the 1830s, that characterization has long been irrelevant, experts in federal Indian law said.

Tribal members once seen as incompetent in the Supreme Court’s eyes became U.S. citizens in 1924, and the Indian Reorganization Act of 1934 pushed the concept of tribal sovereignty and self-determination, said Troy Eid, a Republican and former U.S. attorney in Colorado.

Congress maintains control over Indian affairs.

However, the Interior Department is moving away from archaic paternalism when it comes to relationships with tribes, a spokeswoman said. The Bureau of Indian Affairs’ website notes the federal government is a trustee of Indian property — not the guardian of all American Indians and Alaska Natives.

Eid said the language that defines core concepts of Indian law is old and often ethnically offensive. “Wards of the federal government” is no different, he said.

“That’s just not appropriate,” Eid said. “In the heated context of what this represents, it’s especially inappropriate to be resorting to what amounts to race baiting.”

The trend has been for tribes to take more control over their affairs while holding the federal government to promises generally born out of treaties. In exchange for tribal land, the government promised things like health care, education and social services in perpetuity for members of federally recognized tribes.

Some tribes are taking advantage of federal laws that allow them to prosecute felony crimes and assert jurisdiction over non-Natives in limited cases of domestic violence. They also have the authority to approve trust land leases directly, rather than wait for BIA approval.

Sam Deloria, a member of the Standing Rock Sioux Tribe who served for 35 years as director of the American Indian Law Center in Albuquerque, New Mexico, said tribes welcome discussion about policy matters.

But when someone makes a comment like Gosar’s, “it doesn’t contribute much to the debate,” he said.

UN Urged To Declare Canada’s Treatment Of Aboriginals ‘Genocide’

Cree students at the Anglican-run Lac La Ronge Mission School in Saskatchewan in 1945. (Archives and Library of Canada)
Cree students at the Anglican-run Lac La Ronge Mission School in Saskatchewan in 1945. (Archives and Library of Canada)

 

By Michael Bolen, The Huffington Post, Canada

A fresh campaign is underway to push the United Nations to label Canada’s treatment of First Nations people “genocide.”

On Monday, former National Chief Phil Fontaine, elder Fred Kelly, businessman Dr. Michael Dan and human rights activist Bernie Farber sent a letter to James Anaya, UN special rapporteur on the rights of indigenous peoples, arguing that several specific crimes against aboriginal people in Canada qualify as genocide under the post-Second World War Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG)

Article 2 of the Convention states that “genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.”

 

The letter writers assert that at least three actions on the part of Canadian governments constitute genocide under those rules.

1. Sir John A. MacDonald’s policy of deliberately starving First Nations people to make way for settlers in the Canadian west.

2. The residential school system and especially the decision of Department of Indian Affairs chief Duncan Campbell Scott not to address rampant tuberculosis among students.

3. The forcible removal of aboriginal children from their homes for the purpose of adoption by white families, a practice known as the “Sixties Scoop.” Estimates put the number of children removed between the 1960s and the mid 1980s at around 20,000.

Farber and Dan have previously argued that the recently revealed nutrition experiments performed on children at residential schools also qualify as genocide.

The genocide argument has been criticized by Sun News pundit Ezra Levant, who wrote this summer that “Canada does not and never has had a policy of exterminating Indians. Genocides don’t normally include billions of dollars a year in government grants to the group in question, affirmative action hiring quotas, land reserves and other privileges.”

Levant accuses Dan of hiring Faber to curry favour with First Nations people so his Gemini Power Corp. can get permission to build power plants on reserves.

Farber told HuffPost Canada in an email that Levant’s characterization is inaccurate.

“Ezra, as usual, gets it wrong.”

The letter from Farber and company was sent as special rapporteur Anaya concluded a visit to Canada. He said Canada faces a “crisis” regarding its indigenous people and called for an inquiry into missing and murdered aboriginal women.

The Conservative government pledged to renew efforts to address the issue of murdered and missing aboriginal women in its throne speech Wednesday.

Earlier this year, former prime minister Paul Martin referred to residential schools as “cultural genocide.” In 2012, Justice Murray Sinclair, the chairman of Canada’s Truth and Reconciliation Commission, said the removal of children from their homes to residential schools was an act of genocide, but that it didn’t necessarily qualify under the UN Convention.

There have only ever been two successful prosecutions under the Genocide Convention, former Rwandan prime minister Jean Kambanda and ex-mayor Jean-Paul Akayesu for crimes during the 1994 slaughter in that country. The UN’s highest court cleared the government of Serbia of genocide charges in 2007, but found it breached international law in failing to stop the killing and by not handing over officials accused of war crimes.

The push for action from the UN comes amid renewed violence between authorities and aboriginal peoples. On Thursday, police cars were torched during an attempt by the RCMP to enforce an injunction to end a demonstration against shale gas exploration in eastern New Brunswick. The Mounties said at least 40 people were arrested

The violence has sparked a renewal of the cross-country protests seen during the Idle No More movement last winter.

With files from The Canadian Press