Sen. Begich Presses VAWA Protections for Alaska Natives

 Sen. Mark Begich (D-Alaska) discusses his pending Safe Families and Villages legislation, as well as a clean Carcieri legislative fix.
Sen. Mark Begich (D-Alaska) discusses his pending Safe Families and Villages legislation, as well as a clean Carcieri legislative fix.

 

Having just chaired a portion of a recent hearing of the Senate Committee on Indian Affairs, Sen. Mark Begich spoke to Indian Country Today Media Network for an interview focused on his pending Safe Families and Villages legislation, as well as the recently introduced clean Carcieri legislative fix.

Thank you for doing another interview, senator. The last time we talked, you mentioned the need for a hearing focused on strengthening the Violence Against Women Act (VAWA) to include jurisdictional provisions for Alaska Native tribes. That hearing, which you co-chaired April 2, highlighted yours and Sen. Lisa Murkowski’s (R-Alaska) Safe Families and Villages legislation, and your desire to repeal Section 910 of VAWA, which excludes Alaska Natives from the VAWA jurisdiction provisions granted by Congress last year to tribes in the lower 48 states. Please explain your desire to repeal Section 910.

RELATED: Sen. Begich Speaks Out on Indian & Alaska Native Concerns

What 910 really does is prevent the Alaska Native community from having full criminal prosecution regarding any crimes that may occur within what we consider tribal land. It also does not allow us to have equal type of law enforcement that reservation tribes do. When someone comes onto reservation land [in the lower 48 states], and they commit a crime on that land as a Native or non-Native, they can still go through a prosecution process. With us, that can’t happen. It really is a problem. We have tribal courts that exist with cooperation and agreement from the state, but they have very limited capacity.

The VAWA with the increased jurisdiction provisions for tribes in the lower 48 just passed Congress just last year with 910 in there. Why was 910 included in that legislation at all?

We attempted to try to get it out, but we did not have agreement, honestly, within our [federal] delegation on this. I’m a very strong supporter of tribal rights and tribal responsibility and self-determination. I’ve always been that way—it’s not a newfound belief since coming to the Senate. I think in a lot of ways I couldn’t get agreement. I knew if it was put in there the way it was written, Section 910, that we would see a backlash from within our Alaska Native communities. And that is what is happening. I wish we could have taken it out, but we also had the state of Alaska being totally against taking that section out of there. They wanted that section. I know they lobbied members of the [Senate Committee on Indian Affairs] when the bill was being reviewed, and they were able to prevail on the idea that 910 was needed so as not to interfere with states’ rights. I wasn’t on the committee at that time. If I was on the committee at that time, I would have done everything I could to prevent that section from being added in there.

Is Sen. Murkowski, part of your Alaska delegation, on board with getting rid of 910?

Yes. She’s agreed to that. We had a lot of discussion after the bill passed. She felt the conversation from the Alaska Native community really moved her to accept this as an important piece.

How about Rep. Don Young (R-Alaska) on the House side—has he weighed in on the idea of repealing 910?

He has not to me. That does not mean that his staff and my staff aren’t talking. But I haven’t heard a problem here yet.

Beyond repealing 910, it’s clear that Alaska Native tribal advocates want amendments added to your bill that would increase and enhance Alaska Native tribal jurisdiction over non-tribal offenders. You were supportive during the hearing of adding those kinds of amendments, but is that going to be easy?

It’s not going to be easy, but I will tell you, the Alaska Federation of Natives and a group called the Tanana Chiefs Conference have created a tribal law project that encourages jurisdiction for tribes to implement tribal law and order issues. We know that non-tribal member perpetrators are a problem for tribes in Alaska, yet tribes have no jurisdiction. I’m not sure how far we will get with this. The good news is there are more folks getting aware of this issue. Sen. [Heidi] Heitkamp [D-N.D.], as you heard during the hearing, was not aware, really, of what was going on in Alaska on these issues. And now she is willing to work with us in any way she can to make our legislation have the same impact as the increased tribal jurisdiction in the lower 48.

 

Tribal judge Natasha Singh testified in favor of a tribal law project-inspired amendment at the hearing. What are the political realities in your state of getting that project implemented?

This would deal with curbing child abuse, neglect, domestic violence, and other issues among tribal members and non-members, yet the state is not supporting it at this point. In order to make it work, I want to put it inside the Safe Families and Villages Act, so we have more tools to fight these incredibly big problems. The politics of it—the state will more than likely oppose it. But I hope they are supportive of the people of Alaska.

Is there tribal consensus in your state that this tribal law project amendment is the way to go?

Yes. There is no question. We have received enormous support from individual tribes, groups, the Alaska Federation of Natives—everywhere across the state.

Your legislation currently encourages the state to enter into intergovernmental agreements with tribes related to the enforcement of certain state laws by the tribes. You made it clear at the hearing that this provision isn’t enough. But why not? Why wouldn’t that be a good start, and then you try to do more later on?

Here’s the challenge. Years ago, when the Tribal Law and Order Act passed, I sat with state of Alaska officials, the federal delegation, and others, and I said back then that I wanted these better provisions for Alaska Natives. And they said, ‘Oh no, let’s pass the Tribal Law and Order Act, and it will all get resolved.’ Now here we are several years later with the same story, the same talk, and no results. My view is that the state would like the Alaska Native people to be subservient to them. That is not acceptable when we have outrageous crime statistics facing Alaska Native communities.

Are there a lot of Congress members who would take a stand against allowing tribes in Alaska to be treated the same as tribes in the lower 48 on these matters?

I don’t think so, but you never know. On this one, I think we can make the case.

If state officials don’t agree with repealing 910 and adding the other amendments, is that really going to make this bill tougher to pass?

It may be tougher, but I feel confident that at the end of the day we can prevail. The state’s current administration does not recognize tribes. I think that is apparent to a lot of senators, and as I lay that out more, I think they will be shocked. It’s the same administration that wanted to strip away voting protection rights for our tribes and the same administration that has battled against tribal subsistence. They just don’t support tribes.

I have to ask you about Carcieri again and the controversial 2009 Supreme Court decision that affected the Department of the Interior’s ability to place lands into trust for tribes. Since we last talked, you have cosponsored a clean Carcieri legislative fix that would recognize Interior’s ability to take lands into trust for all tribes, no matter when they came under federal jurisdiction. Give opposition to a clean fix by some Democrats including Sen. Dianne Feinstein (D-Calif.), it seems clear that Republican support is going to be needed for it to pass. How likely is that?

Any time you can get a bipartisan bill, it’s a good thing. This is a complex issue. It needs to be a clean fix. I think if we can get some Republicans, it would be very positive. We need to resolve this and get it settled. For us to continue to leave this lingering, it is harming tribes throughout the country. I know Sen. Tester is going to work it to see what he can get.

Have you been surprised that Sen. John Barrasso (R-Wyoming), vice-chair of the Senate Committee on Indian Affairs, has been rather quiet on Carcieri?

It’s a little bit surprising, but I do think that now that the bill is out there, he knows that this is coming to a hearing, so he’s going to have commentary on it. That will help create the discussion we need. I think he has to figure out if there are other Republicans who will support this if he does. I don’t know what his thinking is, but as the vice-chair, I would expect him to have some commentary on it.

Do you work with Sen. Barrasso on various issues?

I do. I have worked with him on issues surrounding oil and gas. We just had a bill that I sponsored with him.

So you will be encouraging him to support a clean Carcieri fix?

Oh yes.

Finally, how did it feel to have that gavel in our hand when you co-chaired the recent hearing?

(laughs) It’s always a good feeling when you can manage the conversation on issues that you care a great deal about.

This interview has been edited and condensed for clarity. 

 

Read more at http://indiancountrytodaymedianetwork.com/2014/04/07/sen-begich-presses-vawa-protections-alaska-natives-154345?page=0%2C3

 

Greenhouse Gases, More To Be Weighed In Vancouver Oil Terminal Review

Protesters opposing an oil terminal at the Port of Vancouver gather Wednesday outside the Clark County Public Service Center before a meeting there of the state’s Energy Facility Site Evaluation Council. | credit: Troy Wayrynen/The Columbian
Protesters opposing an oil terminal at the Port of Vancouver gather Wednesday outside the Clark County Public Service Center before a meeting there of the state’s Energy Facility Site Evaluation Council. | credit: Troy Wayrynen/The Columbian

 

The Columbian; Source: OPB

The Washington state board reviewing what would be the Northwest’s largest oil-by-rail terminal will undertake a sweeping analysis of the facility’s environmental effects — from the extraction of the oil to its ultimate consumption.

The environmental review for the proposed $110 million Tesoro-Savage oil terminal will consider impacts well beyond its location at the Port of Vancouver, the state’s Energy Facility Site Evaluation Council unanimously decided Wednesday.

Opponents of the oil terminal said they were heartened by the decision, while the project’s proponents remained unfazed.

“It’s generally encouraging that they’re looking at impacts outside of Vancouver throughout the state of Washington and the region,” said Dan Serres, conservation director for the environmental advocacy group Columbia Riverkeeper. “As the process moves forward, we’re going to be looking for more specifics.”

The general manager of the proposed terminal, Jared Larrabee, said Tesoro Corp. and Savage Companies have known since they first filed their application with EFSEC last summer that the council’s review would be “very robust.”

“We’re fully on board with going through that process,” Larrabee said.

The proposed facility would generate 250 temporary construction jobs and 120 permanent jobs, according to the companies, and boost local and state tax revenues.

EFSEC, a state council created in 1970 to address controversy over the siting of nuclear power plants, is reviewing the terminal proposal before making a recommendation to the governor, who has the final say.

The council consists of a governor-appointed chairman and an employee each from five state agencies. During deliberations on the Tesoro-Savage proposal, Vancouver, Clark County, and the state Department of Transportation have representatives on the council, as does the Port of Vancouver, which approved a lease for the project.

Although the council’s Wednesday work session was public, the council did not take comments. Instead, the council chewed over a summary of the 31,074 overwhelmingly critical comments it had already received about the oil terminal proposal.

Since they knew they wouldn’t be able to speak directly to the council, about 50 opponents gathered outside the Clark County Public Service Center in downtown Vancouver before EFSEC began its meeting there.

“I’m hoping that everyone who is going to be inside will see we are out here and we care. We’re very concerned about the environment and safety,” protester Victoria Finch said. She lives close to the rail line that would supply the terminal with as many as 380,000 barrels of crude a day.

“We want EFSEC to turn it down. If they don’t, we want the governor to turn it down,” said protester Lehman Holder, chairman of the local Sierra Club chapter.

Opponents have argued the environmental impact statement should include the effects of greenhouse gas emissions — not just from the transportation of the oil to and from the terminal and its daily operations, but also from consumption of the oil.

Toward the end of the council’s meeting, EFSEC member Christina Martinez asked how far the environmental study’s consideration of greenhouse emissions would go.

“There’s some question of whether it fits into an area that’s speculative,” Chairman Bill Lynch said. “Some general analysis is appropriate because, obviously, burning fossil fuels creates greenhouse gases.”

Martinez pressed the point.

“It came up quite a bit in the scoping comments,” she said. “There’s a way for us to do that in the document without going to the nth degree.”

Don Steinke, who organized the pre-meeting protest, was taken aback.

“The biggest impact was almost an afterthought: the emissions from burning the fuel they’re shipping out,” he said.

Another Vancouver resident who has been tracking the oil terminal proposal was more upbeat.

“Listening to the tone of the board is encouraging,” said Eric LaBrant, who lives in the neighborhood closest to the proposed terminal. “They’re looking at details and asking questions. I’m going to be breathing those details — benzene and hexane and carbon monoxide. My kids are going to be breathing that when they’re taking spelling tests and riding their bikes.”

EFSEC staff can’t yet say how long the environmental review will take, let alone how long it will be before the council forwards its recommendation to the governor on whether to approve the oil terminal. The council will discuss the time line more specifically at its regular meeting April 15 in Olympia.

Live broadcast of leadership swearing in connects Tulalip tribal members across the globe

Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News

By Brandi N. Montreuil, Tulalip News

TULALIP – Tulalip TV performed a mock video set up yesterday morning in the Tulalip Tribes Board Room to work out any kinks before the first live airing of Tulalip leadership being sworn in.

While live broadcast isn’t new to Tulalip TV, a live broadcast of a swearing in ceremony of Tulalip Board members is.

Tomorrow’s first regular board meeting of the month will mark the change in leadership for Tulalip Tribes. Herman Williams Sr. and Les Parks will replace Mel Sheldon Jr. and Chuck James. Per the Tulalip Constitution, newly elected Board of Directors are to be installed during the first regular board meeting following the election, which is held on the first Saturday of each month.

Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News

Although the first regular board meeting is open to all Tulalip tribal members, not everyone is able to attend due to prior engagements, limited space in the Tulalip Board Room, or other circumstances.

The live broadcast will reach nearly 1,400 Tulalip tribal members who live off reservation, and around the world.

In addition to live streaming at www.tulaliptv.com, the broadcast will be aired lived on channel 99.

Brian Berry, Tulalip TV Director of Video, tests audio feed for the first live broadcast of Tulalip board member swearing in on April 5.Photo/ Brandi N. Montreuil, Tulalip News
Brian Berry, Tulalip TV Director of Video, tests audio feed for the first live broadcast of Tulalip board member swearing in on April 5.
Photo/ Brandi N. Montreuil, Tulalip News

“Live coverage is an amazing tool to keep Tulalip citizens informed and connected, especially when they live off reservation,” said Tulalip Communications manager Niki Cleary. “One of the goals of the Communications Department is to keep tribal members educated and informed about issues facing the tribe so that they can make educated decisions about, and participate fully in, tribal governance. Efforts like this one really make a difference, they keep our citizens engaged.”

Tulalip TV provides live broadcast of Marysville School District’s Heritage High School sports and the Tulalip Graduation Banquet.

Mike Sarich, Tulalip TV Associate Producer checks camera placement during test set up for first live broadcast of Tulalip board member swearing in on April 5.Photo/ Brandi N. Montreuil, Tulalip News
Mike Sarich, Tulalip TV Associate Producer checks camera placement during test set up for first live broadcast of Tulalip board member swearing in on April 5.
Photo/ Brandi N. Montreuil, Tulalip News

“Every year the Communications Department evolves to meet the needs of the community,” Cleary went on to say. “In the last few years we have added Tulalip News, an online, expanded version of the See-Yaht-Sub. We added new on-camera talent for Heritage Sports coverage, as well as instant replay during games. This year we are working on live coverage of events, when possible, and more interaction with our citizens through social media.”

“At General Council meetings and over the last couple of years we’ve heard increasing requests for transparency and community involvement, hopefully this is just the beginning. We are always open to suggestions from our community to make our department more responsive and effective for our citizens,” Cleary said.

Tomorrow’s live broadcast will begin at 9:00 a.m. and can be viewed online at www.tulaliptv.com, and channel 99.

If you have an idea, a critique, or just want to share your thoughts, please email, ncleary@tulaliptribes-nsn.gov , or message her on facebook.com/nikicleary. You can also reach See-Yaht-Sub/ Tulalip News staff at editor@tulaliptribes-nsn.gov.

 

 

Brandi N. Montreuil: 360-913-5402; bmontreuil@tulaliptribes-nsn.gov

Wyoming delegation draft bill seeks to clarify boundaries of Wind River Reservation; Tribal leaders say it’s an attack on Tribal lands

by Ernie Over on April 2, 2014

Wyoming Senator Mike Enzi at the ground breaking for the Wind River Job Corps Center.   (Ernie Over photo)
Wyoming Senator Mike Enzi at the ground breaking for the Wind River Job Corps Center. (Ernie Over photo)

(Wind River Indian Reservation, Wyo) – A new push by U.S. Sen. Mike Enzi, R-Wyo., to terminate a portion of the Wind River Reservation should appall and worry Native American people everywhere, Northern Arapaho leaders said Tuesday in a news release.

Draft legislation by Enzi, and supported by Sen. John Barrasso, R-Wyo., would eliminate the reservation status of a significant portion of Northern Arapaho and Eastern Shoshone homeland in central Wyoming, according to the news release.

Enzi’s Washington office, however, said the bill clarifies the boundaries of the Reservation as established in law in 1905. “Senator Enzi is not proposing to withdraw any lands from the Wind River Indian Reservation,” Press Secretary Daniel Patrick Head told County10.com Wednesday morning in an email.  ”Senator Enzi doesn’t want to change the current reservation boundaries. He wants to make sure they stay as they have been for decades. The delegation’s legislation would keep things as they are, neither adding to nor taking away reservation land.”

Head said there has been misinformation spread about the legislation.  ”Senator Enzi and the Wyoming delegation continues to work on legislation with the tribes, state government, Fremont County and the City of Riverton.  The bill is being drafted to allow the EPA to treat the reservation as a state for purposes of air quality monitoring, but with the boundaries of the reservation as they were established before the EPA’s erroneous decision that Riverton is part of the reservation,” he wrote.

“It’s chilling to see this kind of attack on Indian Country in 2014,” said Northern Arapaho Business Council Chairman Darrell O’Neal.

The bill, according to the release, is a response to the U.S. Environmental Protection Agency’s decision to treat the Wind River tribes as a state under the Clean Air Act. A detailed legal analysis in the EPA decision concluded that the town of Riverton is part of the Wind River Reservation, a position the tribes have always held.

“Wyoming Gov. Matt Mead has asked the federal courts to determine whether the EPA analysis is correct. Enzi has decided instead to change the law. In doing so, Enzi has turned his back on his approximately 15,000 tribal constituents in Wyoming, Northern Arapaho leaders said,” again quoting a news release.

Northern Arapaho leaders traveled to Washington, D.C., last week to confront members of the Wyoming’s delegation about the bill and their opposition to the tribes’ treatment as a state application.

“We asked them to reconsider, to open their minds and work with us in good faith,” said Councilman Al Addison, “but they were not interested.”

Head, however, said the tribes were invited to comment on the draft legislation, which he said was sent to them in advance for review and comment. “As far as status, we sent it to the tribes last week and asked for comments by the end of this week.  Depending on comments the delegation may or may not introduce the bill next week,” he said.

Tribal leaders made a call Tuesday for support and prayers from Native American people and governments everywhere. Tribal people must work together to prevent the loss of any more of our precious homelands, Chairman O’Neal said. “If the Wyoming Delegation can do this to us, they can do it to any tribe in the nation,” O’Neal added.

Enzi was part of a similar anti-sovereignty campaign during the Northern Arapaho Tribe’s successful effort to secure gaming more than a decade ago. Once again, Enzi has demonstrated he is no friend of the tribes, tribal leaders said.

“We’ve seen these kinds of tactics from Senator Enzi before,” said Northern Arapaho Business Council Co-Chairman Ronald Oldman. “They didn’t work in our gaming case, and they won’t work here.”

Quinault Indian Nation partners with Corps of Engineers during repairs of Taholah seawall

Quinault Indian Tribe and U.S. Army Corps of Engineers, Seattle District work to repair seawall from Brandi Montreuil on Vimeo.

by Brandi N. Montreuil, Tulalip News

TAHOLAH, WA – Residents described the crashing storm waves like an earthquake hitting. Wave after wave broke over the weakened seawall that separates Taholah’s lower village from the raging North Pacific Ocean on the evening of March 25. During the storm, a section of the 1, 100 foot seawall failed, leaving residential properties and residents of the Quinault Indian Nation vulnerable to flooding.

The following morning the destruction was clear. A smokehouse lay in a twisted shamble, other outbuildings, and properties were damaged and flooded, and the weeks’ weather report came in projecting rain, high winds, and 3 to 5 foot waves with 13 to 15 second swells by the weekend. Seven hundred Taholah residents faced an emergency.

Fawn Sharp, President of the Quinault Indian Nation issued a voluntary evacuation, in which four families left the affected area. A request was also sent to the Federal Emergency Management Agency (FEMA) to declare the portion of Taholah affected as a federal disaster area and funds made available for disaster relief.

Seattle District, U.S. Army Corps of Engineer Brian Stenehjem leads the Corps team assisting Quinault Indian Nation. He explains that wave action has damaged a 500-foot section of the seawall that separates Taholah's Lower Village.Photo/ Brandi N. Montreuil, Tulalip News
Seattle District, U.S. Army Corps of Engineer Brian Stenehjem leads the Corps team assisting Quinault Indian Nation. He explains that wave action has damaged a 500-foot section of the seawall that separates Taholah’s Lower Village.
Photo/ Brandi N. Montreuil, Tulalip News

The U.S. Army Corps of Engineers approved Quinault Nation’s emergency assistance request on March 27, and put the Seattle District Emergency Operations center into 24-hour operations. Teams were sent out to assist Quinault with temporary repairs to the failing 500-foot section of seawall, with a 48-hour completion date before an overnight storm coincided with high tide on March 29.

During the Corps initial inspection of the wall, they reported calving of rock and core material due to wave action.

During the March 25 storm, the wall sustained damage along the entire structure length, with the toe material of the berm removed and replaced with what protected the slope. This left the slope of the berm unprotected and vulnerable to waves and more removal of slope material, which if left unrepaired, would lead to a collapse of the berm’s capstones and loss of protection.

U.S. Army Corps of Engineers, Seattle District has put its Emergency Operations Center into 24-hour operations to assist the Quinault Indian Nation with flood protection measures following damage to the Taholoah Lower Village seawall on Tuesday, March 25.Photo/ Brandi N. Montreuil, Tulalip News
U.S. Army Corps of Engineers, Seattle District has put its Emergency Operations Center into 24-hour operations to assist the Quinault Indian Nation with flood protection measures following damage to the Taholoah Lower Village seawall on Tuesday, March 25.
Photo/ Brandi N. Montreuil, Tulalip News

The repairs involved an orchestrated effort by Quinault’s Emergency Management, Quinault TERO workers, and the Army Corps of Engineers.

To make the necessary repairs, an access ramp had to be built to allow in excavators large enough to remove the capstones, and install a filter blanket and armor rock to prevent further erosion of the slope during wave action.

“We first had to make an access route to work our way down to the filter blanket,” said Brian Stenehjem, Corps of Engineers team leader on the project, about the layer of material placed between the riprap [a layer of stone to stabilize an area subject to erosion] and the underlying soil to prevent soil movement into or through the riprap.

Placement of armor rock was conducted on Saturday, March 29, which will help decrease the vulnerability to wave action to the slope.Photo/ Brandi N. Montreuil, Tulalip News
Placement of armor rock was conducted on Saturday, March 29, which will help decrease the vulnerability to wave action to the slope.
Photo/ Brandi N. Montreuil, Tulalip News

“The toe rock got scoured out which caused the slope rock to fall down so all we had was the caprock on top and the toe rock and nothing in the slope. And without that slope armor protection, it really leaves the whole structure susceptible to wave action. And that is the underlying problem if the structure doesn’t have any of that protection,” said Stenehjem

“We had to work our way down, creating a filter to protect the embankment, so we used class 2 riprap and you inline the whole embankment with that. Then we overlay armor rock, which is 2 to 4 ton rock, which will provide the protection.  So you want the big rock, your medium rock, and then your small rock as a kind of filtering,” said Stenehjem

Quinault Emergency Management staff member John Preston, drives past a residence that sustained damage due to the breach on Tuesday evening, March 25.Photo/ Brandi N. Montreuil, Tulalip News
Quinault Emergency Management staff member John Preston, drives past a residence that sustained damage due to the breach on Tuesday evening, March 25.
Photo/ Brandi N. Montreuil, Tulalip News

More than 100 dump trucks were used to haul in the armor rock, adding to the increased general council traffic, and annual clam-digging event during March 29 through 30. Despite issues with broken equipment and increased traffic, repairs were finalized on Sunday, March 30, costing $300,000 and resulting in the placement of 4,500 tons of rock.

Corps teams remained on site throughout the March 29 storm to monitor the seawall conditions. The temporary repairs remained intact during the storm and prevented flooding to 700 residents in the affected area, including Quinault Indian Nation’s Tribal Police Department, animal control, storage facility for canoes, public work shops, Headstart School, and a retail shop and restaurant.

“On hearing about Quinault’s breached seawall we were immediately concerned for our tribal brothers and sisters,” said Tulalip Chairman Mel Sheldon Jr., when Quinault Indian Nation announced a state of emergency. “This, along with the tragic events in Oso this past week, we’re reminded how vitally important it is to the tribes to have the best possible emergency management plans in effect.”

“We wish to acknowledge and thank the help of the Corps of Engineers as well as Grays Harbor Emergency Services, the elected officials and all others who have sent their prayers and offers of support. Our people will be kept safe and we will continue to seek a more long term solution to this dangerous situation,” said Fawn Sharp.

A permanent solution is being sought due to the encroachment of the North Pacific Ocean waters, which have become invasive over time due to sea level rise and violent storms.

 

Brandi N. Montreuil: 360-913-5402; bmontreuil@tulaliptribes-nsn.gov

 

Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News

 

 

 

 

 

 

 

 

 

 

 

 

Washington Tribes excluded from decision to hold 2014 winter steelhead hatchery release: State reacts to Conservancy lawsuit, halting the release of more than 900,000 steelhead

The new Elwha Tribal fish hatchery on the Elwha reservation is to be used to supplement populations of fish that naturally recolonize the river as habitat becomes available. Photo: Steve Ringman / The Seattle Times, 2011
The new Elwha Tribal fish hatchery on the Elwha reservation is to be used to supplement populations of fish that naturally recolonize the river as habitat becomes available. Photo: Steve Ringman / The Seattle Times, 2011

By Andrew Gobin, Tulalip News

“The hatcheries were built for one reason. That is to make up for lost natural and salmon production caused by habitat loss,” said Billy Frank Jr., Chairman of the Northwest Indian Fish Commission, in reaction to Washington State’s decision to hold 900,000 steelhead slated to be released from state hatcheries this year. The decision follows a lawsuit filed by Washington’s Wild Fish Conservancy, an environmental group based in Duvall, which contends that hatchery runs are detrimental to wild steelhead and salmon populations, claiming hatchery reared steelhead suffer genetic inferiority and create habitat competition.

The conservancy filed a complaint, claiming the state is in violation of the Endangered Species Act (ESA). Wild Steelhead were added to the endangered species list in 2007 as threatened, and in the seven years since, according to the conservancy, the state had an obligation to prove that hatchery runs pose no threat to the wild steelhead.

According to a Washington Department of Fish and Wildlife (WDFW) press release on April 1, the state hatchery operations do not currently have approval from the National Marine Fisheries Service (NMFS), which is required following the addition of wild steelhead to the endangered species list. That alone opens up the WDFW to legal action.

Phil Anderson of the WDFW said, “We believe strongly that we are operating safe and responsible hatchery programs that meet exacting science-based standards, but without NMFS certification that our hatchery programs comply with the Endangered Species Act, we remain at risk of litigation. We are working hard to complete that process.”

The WDFW has decided that they will not be releasing the ‘early winter’ hatchery steelhead unless the legal issues are resolved. If they continue unresolved, the WDFW will continue to rear the steelhead and release them into lakes in the spring.

Washington tribes, who were neither consulted before the decision nor lawsuit, are very disappointed about the state’s decision, and that the conservancy group did not work to resolve their differences within the 60 day intent period.

“Both Indian and non-Indian fishermen depend on tribal and state hatcheries and the fish they provide. Hatchery steelhead and salmon are also essential to fulfilling promises of tribal treaties with the United States,” Frank said. Those treaty rights depend on fish being available for harvest.

The halt of the steelhead release means the probable end of the state’s steelhead sport fishery. Similarly, continued hindrances to other hatchery operations would have the same drastic effects, for all fisheries in the state, tribal and non-tribal.

Frank said, “Instead of addressing the real problem of steelhead habitat loss, the lawsuit could once again force Indian and non-Indian fishermen to unfairly pay the price for habitat destruction that hatcheries were supposed to make up for. That’s not right.”

Andrew Gobin is a reporter with the See-Yaht-Sub, a publication of the Tulalip Tribes Communications Department.
Email: agobin@tulaliptribes-nsn.gov
Phone: (360) 716.4188

Wash. Puts Release Of Hatchery Steelhead On Hold

A steelhead trout in an Oregon stream. | credit: Oregon Department of Fish and Wildlife | rollover image for more
A steelhead trout in an Oregon stream. | credit: Oregon Department of Fish and Wildlife

 

By Katie Campbell, KCTS9

State fish managers are halting their plans to release juvenile steelhead into Puget Sound rivers this spring. This decision comes in response to a lawsuit filed by wild fish advocates.

The Wild Fish Conservancy sued the Washington Department of Fish and Wildlife, contending that the agency’s planting of early winter hatchery steelhead violates the Endangered Species Act.

In response, agency officials have decided not to release more than 900,000 juvenile Chambers Creek steelhead in Puget Sound rivers.

Kurt Beardslee is co-founder of the wild fish advocacy group. He says that’s a good sign that fishery managers are taking the lawsuit seriously.

The lawsuit claims that planting this highly domesticated species of ocean-going trout will endanger wild steelhead, chinook and bull trout.

Fish and Wildlife officials say they plan to continue to rear the fish in hatcheries until they are old enough to be released in trout-fishing lakes. That could change, depending on the outcome of the lawsuit.

Early numbers show devastating toll of mudslide

Sofia Jaramillo / The HeraldAva Yeckley and Darby Morgan, both of Arlington, put up a sign Tuesday reading “We heart Oso” on Highway 530.
Sofia Jaramillo / The Herald
Ava Yeckley and Darby Morgan, both of Arlington, put up a sign Tuesday reading “We heart Oso” on Highway 530.

 

By Jerry Cornfield and Amy Nile, The Herald

OLYMPIA – The deadly March 22 Oso mudslide and subsequent flooding have caused at least $32.1 million in damage to public infrastructure, according to preliminary assessments by state and federal authorities.

Gov. Jay Inslee cited that figure Tuesday in a letter sent to President Barack Obama asking for federal assistance for local and tribal governments to help cover an array of costs incurred in clearing debris and repairing roads and waterways damaged by the disaster.

The slide not only wiped out the Steelhead Drive neighborhood, it has blocked the usual route into Darrington along Highway 530.

“The landslide and upstream flooding it caused brought down death and destruction on these tight-knit communities in Snohomish County,” Inslee said in a statement. “These are our friends and neighbors and we’re racing to help repair their roads and other public facilities in the Stillaguamish Valley. If the president acts on this request, we can help do the job even faster.”

Also late Tuesday, medical examiners said they had received the remains of 28 slide victims and have identified a total of 22. The names released today were: Brandy Ward, 58, Thom Satterlee, 65, Lon Slauson, 60 and Adam Farnes, 23.

The confirmations lowered the total of missing by two; 20 people still are presumed missing as a result of the slide.

On Monday, Inslee requested the president issue a Major Disaster Declaration to free up federal assistance for individuals, households and businesses affected by the disaster. This could include money for temporary housing and immediate needs, and unemployment insurance benefits.

In that letter, he pointed out 40 homes were destroyed and up to 30 families left in need of long- and short-term housing. It pegged the estimated damage to residences and structures at $10 million.

Inslee wants the president to make two public assistance programs available in Snohomish County, and to the Sauk-Suiattle, Stillaguamish and Tulalip Indian Tribes.

The slide buried 6,000 feet of Highway 530. About 700 feet had been cleared by Tuesday.

Travis Phelps, a spokesman for the state Department of Transportation, said it is too soon to know the highway’s condition.

“There is still a lot of Highway 530 under a lot of mud,” he said. “I am sure we are going to find portions that are damaged and portions that are OK. It is too soon to tell if it is completely demolished.”

The expanse of the Oso mudslide miniaturizes people and their machines.

The workers tasked with clearing the 1.2-square-mile debris field are comparing the devastation to 9/11.

“When you get down there, it looks like the World Trade Center,” said Ed Troyer, of the Pierce County Sheriff’s Office. “Instead of steel workers, it’s loggers.”

Gerry Bozarth, a debris specialist for Spokane Emergency Management, said the tangle in Oso is as complex as that from the terrorist attacks in New York.

Bozarth said searchers may never find all of the victims. The questions families have may never be answered.

Crews continued to search for the missing Tuesday. Some 600 yellow-and-orange-clad workers donned their hard hats. They were looking through piles of hazardous material sometimes 80 feet deep.

Crews are scratching the surface of the debris field, targeting the places they believe people most likely are buried. There are splintered trees, tires, shredded roof tops, pipes, chunks of walls and people’s photos strewn in the muck.

Water that earlier flooded a portion of the site on the southwest corner is now mostly gone.

“People were thinking air pockets, but there were no air pockets,” Troyer said.

Search conditions have improved since the first few days when crews spent much of their time fighting the water.

“It created a hazardous material soup that was exhausting to crews,” Bellevue Fire Lt. Richard Burke said. “They were sinking to their chests in this muck.”

While pumps droned constantly, moving the water out, crews weren’t hauling dirt away.

The contaminated soil is shoveled, sorted for people’s belongings, then piled up. Right now, it is not being moved off site.

Workers and search dogs must go through a decontamination process before leaving to limit the risk of spreading diseases such as dysentery.

On Tuesday, a sour smell rose from the site. It seemed to be a combination of spilled septic tanks, fuel, household products and exhaust from heavy machinery

The operation is much more organized nearly a dozen days after the slide, officials said. Soldiers and others have stepped in, relieving some of the weary workers.

“We want to go home and look the citizens of Oso and say we did our best,” Burke said.

“The strength in this community and their commitment to one another is just unbelievable.”

For Native Americans, Losing Tribal Membership Tests Identity

by DAVID NOGUERAS

NPR

April 01, 2014 3:07 AM

Some of the 79 people told by the Confederated Tribes of Grande Ronde they were enrolled in error. Seated on floor are Russell Wilkinson and Mia Prickett (holding the drum). Seated second row from left are Nina Portwood-Shields, Jade Unger, Marilyn Portwood, Eric Bernando, Debi Anderson, Val Alexander. Standing are Antoine Auger, left, and Erin Bernando. Photo: Don Ryan/AP
Some of the 79 people told by the Confederated Tribes of Grande Ronde they were enrolled in error. Seated on floor are Russell Wilkinson and Mia Prickett (holding the drum). Seated second row from left are Nina Portwood-Shields, Jade Unger, Marilyn Portwood, Eric Bernando, Debi Anderson, Val Alexander. Standing are Antoine Auger, left, and Erin Bernando. Photo: Don Ryan/AP

In western Oregon, members of the Confederated Tribes of Grand Ronde are engaged in a debate over what it means to belong.

The tribe’s enrollment committee is considering kicking out an entire family that traces its lineage back to the founding of the modern tribe more than a century and a half ago. The family is related to Chief Tumulth, leader of the Watlala, a tribe that controlled river traffic along a key section of the Columbia River.

“If you search for ‘Chief Tumulth,’ you’ll find that he’s, as some people claim, the most famous Chinookan chief that there ever was,” says Jade Unger, Tumulth’s great, great, great, great grandson.

After Unger heard about Chief Tumulth as a teenager he began to study the tribal language, Chinuk Wawa, and learned the traditional methods of hunting and fishing. Studying his ancestors, he began to learn about himself.

Eventually, Unger was enrolled at the Confederated Tribes of Grand Ronde. In 1855, Tumulth played an early role in the confederation’s founding by signing an important treaty with the U.S. government.

Unger says for nearly 30 years his family was embraced by the tribe, that is, until last September, when everything changed. The tribe’s enrollment committee told Unger and 78 members of his family that a recently completed audit showed they were enrolled in error.

“I’m not worried about me. I know I’m fine economically,” Unger says. “I’ll make it. But there’s people in my family that are going to be devastated by this, people that are dependent on their elders’ pensions. There are people that are going to lose their homes.”

Back in 1995, the tribe opened its Spirit Mountain Casino, and for the first time, members began to see a financial benefit. Within a few years, the tribe began to tighten its enrollment requirements. In fact, under the new standards, Unger’s family wouldn’t be let in today.

His ancestor may have signed a key treaty in the formation of the Grand Ronde, but Chief Tumulth was killed before the reservation was officially recognized in 1857. Unger says that information was well known to the committee members who approved their applications.

“There was no error,” Unger says. “It was very deliberate and it was unanimously agreed upon that we had a background and we had a right to belong here in this tribe.”

Tribal Council Chairman Reynold Leno wouldn’t discuss pending cases. But he says the audit was needed to correct inconsistencies in the tribal record.

“Tribes are made up of families and families know their own history,” Leno says. “And when you have people that don’t kind of fit into that family-type scenario, it kind of draws a question. And I think that’s what a lot of people wanted looked into.”

While he says any disenrollments that result from the audit are unfortunate, he says the tribe has a constitution — and it’s his job to uphold it.

“It was given to us by the Supreme Court to set standards and regulations for our enrollment, and I think people should respect that,” Leno says.

But both in and outside of Oregon, disenrollments are raising questions. David Wilkins, a professor of American Indian Studies at the University of Minnesota and a member of the Lumbee Nation, estimates that as many as 8,000 U.S. citizens have been cast out of native tribes over the last two decades. And Wilkins worries tribal disenrollments could be putting tribal autonomy in jeopardy.

“At some point there’s going to be enough clamor raised by disenrollees that there is going to be a congressional hearing or there is going to be some presidential proclamation or there is going to be a Supreme Court decision that might seriously impinge on what is a true sine qua non of a sovereign nation, that is the power to decide who belongs,” Wilkins says.

Grand Ronde is still reviewing the results of the audit, which means more disenrollment letters could go out.

Unger acknowledges he might lose his federally recognized status, but he says nobody can take away his identity as a native person.

“That’s, hands down, way more important to me than any little chunk of money I might get in a per capita payment,” Unger says. “I don’t care about that. I care about my tribe. I feel like I belong. We belong.”

And Unger says that’s the one thing he wants to hold on to.

 

Original Broadcast: NPR

U.S.-China Talks On Shellfish Ban Lead To New Testing For Contaminants

A geoduck clam from Puget Sound. China's ban on importing such shellfish remains in place, but recent U.S.-China talks have led to plans for a new testing protocol to ensure food safety. | credit: Katie Campbell | rollover image for more
A geoduck clam from Puget Sound. China’s ban on importing such shellfish remains in place, but recent U.S.-China talks have led to plans for a new testing protocol to ensure food safety. | credit: Katie Campbell | rollover image for more

 

By Ashley Ahearn, KUOW

U.S. officials say they will develop a new testing protocol to detect certain contaminants in shellfish, following their meeting with the Chinese government to discuss an end to that country’s ban on importing shellfish from most of the U.S. West Coast.

Representatives of the two countries’ governments met in Beijing last week for their first face-to-face discussion of China’s shellfish ban. China banned shellfish imports in December after officials there said they found high levels of paralytic shellfish poisoning in a geoduck clam from Alaska and high levels of inorganic arsenic in a geoduck from southern Puget Sound.

U.S. officials said during a briefing with reporters Friday that the Chinese are satisfied with U.S. testing methods for paralytic shellfish poisoning but they’re still concerned about arsenic. High concentrations of inorganic arsenic, a carcinogen, were found in the skin of geoduck harvested near Tacoma, Wash., last fall.

Americans don’t eat the skin. But the Chinese often do.

The National Oceanic and Atmospheric Administration’s Paul Doremus said the U.S. will develop a new testing protocol for inorganic arsenic in shellfish.

“Ultimately it is up to China to decide whether they are satisfied that our testing mechanisms and overall protocols meets their standards,” he said.

Doremus said it was impossible to say when the ban might be lifted.

U.S. officials will meet within a week to put together the new testing protocols.

The ban has been in effect since November of 2013, costing the industry hundreds of thousands of dollars.