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Point Elliott Treaty, 159 years later

As we approach the 159th birthday of the Point Elliott Treay, we also celebrate the 40th anniversary of the Boldt decision, both of which have had tremendous impacts on Tulalip and all of Indian Country. We are re-printing the following article from 2005 in honor of these events.

This photo was taken in Mukilteo during the 1955 celebration of the 100th anniversay of the signing of the Point Elliott Treaty by Tulalip Church of God Pastor B. Adam Williams.

Point Elliott Treaty’s 150^th birthday: A cause for celebration

By Sherry Guydelkon, Tulalip See-Yaht-Sub, January 19, 2005

According to the historical record, 4,992 native people took part in the negotiation of the Point Elliott Treaty in 1855. The treaty was signed on January 22nd, one hundred fifty years ago this month.

The Governor of Washington Territory, Isaac Stevens, had sent word to the Indians of northern Puget Sound that he would meet with them towards the end of January to discuss a treaty of friendship. By mid-January, Snohomish and Snoqualmie people began gathering at Point Elliott. As others arrived – Swinomish, Lummi, Duwamish, and so on – the Snohomish and Snoqualmie people lined up on the beach to greet them.

By this time Puget Sound Indian tribes, weakened by new diseases and aware of the fates of tribes in the east who had tried to fight off white invasions, knew it was useless to refuse to deal with the U.S. government. White settlers were already moving onto their land, and the most they could hope for was payment for land taken and the opportunity to be left alone on the land that was left.

Years later Tulalip tribal elder William Shelton would recall that the people who traveled to Point Elliott in 1855 went with hearts open to the whites and with full confidence that they would be allowed to get food and would not starve. “My father was present at the treaty signing,” said Shelton. “He often has told me about the pow-wow – the negotiations, which had to be done through two interpreters. One translated the white man’s language into Chinook jargon and another interpreter translated the jargon into the various tribal languages.” Since Chinook jargon, a sort of code language used originally by fur traders, consisted of only about 50 words, the process was guaranteed to be hopelessly unsatisfactory, but that did not concern Governor Stevens. He had no interest in understanding the wishes of the Indian people anyway.

Stevens, who had received orders from Washington, D.C., to make treaties with all of the Indians in what is now Washington State, arrived with a draft treaty in hand, determined to gain as much Indian land for the United States as possible by concentrating tribes in as small an area as he could get away with.

Stevens believed that Indians must be removed from the path of American progress, and that their removal could be done in a benevolent way. He knew what was best for the tribes of Washington, he said, and that was to put them on small reservations where they could learn to farm (which he believed was more civilized than hunting and fishing) and where they could receive the education necessary to become integrated into white society. Stevens, who saw himself as a stern but just father to the Indians, allowed the headmen to speak, but in the end he did what he had planned to do all along.

Why the treaties were important to the U.S.

In the 1840’s, the U.S. government did not believe that it had a secure hold on the territory that is now Washington State. With British and Russian settlements cropping up on the Canadian and Alaskan coastline, the U.S. felt an urgent need to keep them from encroaching on U.S.-claimed soil, by encouraging American citizens to settle there.

Consequently, in 1850, Congress passed the Oregon Donation Land Act, which offered free land to settlers who would move to the northwest (Oregon Territory included what is now Washington State). At that point, the U.S. government was in the awkward position of offering free land to settlers without first buying it from the Indians. The treaties were intended to buy land already taken by white settlers and to make more land available for settlement. As had been the case from colonial times, the U.S. government was more interested in settling the west than it was in protecting Indian land rights.

The Negotiations

When the Council began at Point Elliott on January 22, 1855, the four chiefs that the whites considered to be the most important were seated in the front row: Chief Sealth (Seattle) who represented the Duwamish, Chief Patkanim who represented the Snohomish and Snoqualmies, Chief Goliah who represented the Skagits, and Chief Chow-its-hoot who represented the Lummis. The sub-chiefs were seated next, and then the rest of the people.

“You understand well my purpose,” said Governor Stevens, “and you want now to know the special things we propose to do for you. We want to place you in homes where you can cultivate the soil, raising potatoes and other articles of food and where you may be able to pass in canoes over the waters of the sound and catch fish, and back to the mountains to get roots and berries.

“The lands are yours and we swear to pay you for them. We thank you that you have been so kind to all the white children of the great Father (President) who have come here from the east. Those white children have always told you that you would be paid for your lands, and we are now here to buy them.

“My children, I believe that I have got your hearts, you have my heart. We will put our hearts down on paper, and then we will sign our names. I will send that paper to the Great Father, and if he says it is good it will stand forever.”

Many lofty speeches were made by both sides, but in the minds of the U.S. representatives there was little room for true negotiation. They knew what they wanted, and their purpose was to convince the Indians to sign the treaty document that they had already drafted.

In the end, the upper Puget Sound tribes, who had for centuries lived comfortably through the efficient use of the abundant fish, game and plants that were native to their homelands, were forced to sign away most of their land and control over their lives.

What the Tribes lost

Tulalip Agency Superintendent Charles M. Buchanan wrote in 1915, “This treaty established the Tulalip Agency and its reservations – Tulalip, Lummi, Swinomish and Port Madison. And by this treaty the Indians of Tulalip Agency ceded to the white man all of the land lying between the summit of the Cascades, the western shore of Puget Sound, Point Pully or Three-Tree Point, and the international boundary line. This area includes all the land lying in the counties of Snohomish, Skagit, Whatcom, Island, San Juan, most of King and a part of Kitsap – the very choicest and most valuable portion of the State of Washington.

Other things given up included: independence from the U.S. government, the ability to declare war on whites or on other tribes, the right to purchase or consume alcohol on the reservation, the taking and keeping of slaves, and the right to trade with the Indian nations on Vancouver Island.

What the Tribes kept or gained

The treaty established four reservations – Tulalip, Lummi, Swinomish and Port Madison. Later the Muckleshoot reservation was added. These amounted to the following number of acres. Tulalip – 22,459 acres, Lummi – 12,543 acres, Suquamish – 7,168 acres, Port Madison – 7,284 acres, and Muckleshoot – 3,714 acres.

In exchange for the land, the tribes received a settlement of $150,000 to be paid over 20 years. Because it was Stevens’ intent to pay for the land taken as much as possible with goods and services and not cash, tribes were also promised that they would be furnished with an agricultural and industrial school, a doctor, farmers, blacksmiths and carpenters.

The treaty also provided for the right of taking fish at usual and accustomed grounds and stations in common with all citizens of the Territory; of erecting temporary houses for the purpose of curing; and of hunting and gathering roots and berries on open and unclaimed lands.

The treaty minutes show that many Puget Sound native people were most fearful of losing their fisheries, but Governor Stevens repeatedly assured them that they would have the right to go to the place they had always used. At that time, the federal government did not foresee any conflicts between the guarantee of continuing fishing rights for the Indians and the growing population of Washington Territory. The settlers were coming to farm, not fish, and were content to let the Indians provide fish for local consumption. Non-Indians did not become fishing competitors until the late 1870’s.

Education provisions were often included in Indian treaties because both sides wanted them included, but for conflicting reasons. The federal government planned to use schools to change little Indian children into carbon copies of little white children, thus eliminating the “Indian problem”. Indians, on the other hand, viewed education as a means by which Indian children could learn how to understand and deal with the non-Indian world around them.

Perhaps the most important thing that Indian treaties have done is to recognize the tribes’ inherent sovereignty. Sovereignty is the power of a group of people to govern themselves. Indians were not given sovereignty by treaties – they already had the power to govern themselves. However, since the U.S. government defined treaties as binding, legal agreements between sovereign nations, when they made treaties with Indian nations, they legally recognized those nations as sovereign.

There is much legal confusion about the amount of sovereignty an Indian nation can have when its members are also citizens of the United States. But tribal governments, tribal courts, tribal police, tribal taxation, tribal zoning, tribal casinos, tax-free trust land are all indications that federal courts recognize the tribes’ right to at least a certain amount of self government.

How has the Point Elliot Treaty held up in court?

The courts have played the most significant role in the interpretation of Indian treaties. Under the U.S. Constitution, treaties made by the United States are the supreme law of the land. The federal courts have generally held that Indian treaties are treaties in the constitutional sense and thus are the supreme law of the land. That means that if a state law does not agree with what is said in an Indian treaty, the treaty trumps state law.

And regardless of the fact that the Point Elliott Treaty is 150 years old, it is as legally binding today as it was when it was ratified by Congress in 1859.

The Boldt Decision is perhaps the most well-known example of a Point Elliott Treaty right being upheld in federal court. The courts agreed with Puget Sound tribes that the treaty promised Indians the right to half of the salmon in their usual and accustomed areas, regardless of Washington State laws and regulations which limited Indian catches.

Treaties are monumentally important documents to Indian peoples because they provide a legal basis around which Indian nations can protect their reservation lands; their rights to minerals, water, hunting, fishing and gathering areas; and their rights to self-government.

Many non-Indians believe that treaties should be abolished and that Indians should just be mainstream Americans with no more or less rights than any other Americans. But treaty Indians know how much they gave up for their special rights, and they know that it is their treaty rights that allow them to remain Indians, following in the footsteps of their ancestors, looking out for one another from birth to death.

Gathering at the beach in Mukilteo. Photo by Tulalip Church of God Pastor B. Adam Williams.

If you did not already have a copy of the Point Elliott Treaty, you have one now (see below). Read it. Keep it. Cherish it. It is a gift from your ancestors to you.

Treaty of Point Elliott, 1855

Articles of agreement and convention made and concluded at Muckl-te-oh, or Point Elliott, in the territory of Washington, this twenty-second day of January, eighteen hundred and fifty-five, by Isaac I. Stevens, governor and superintendent of Indian affairs for the saidTerritory, on the part of the United States, and the undersigned chiefs, head-men and delegates of the Dwamish, Suquamish, Sk-kahl-mish, Sam-ahmish, Smalh-kamish, Skope-ahmish, St-kah-mish, Snoqualmoo, Skai-wha-mish, N’Quentl-ma-mish, Sk-tah-le-jum, Stoluck-wha-mish, Sno-ho-mish, Skagit, Kik-i-allus, Swin-a-mish, Squin-ah-mish, Sah-ku-mehu, Noo-wha-ha, Nook-wa-chah-mish, Mee-see-qua-guilch, Cho-bah-ah-bish, and othe allied and subordinate tribes and bands of Indians occupying certain lands situated in said Territory of Washington, on behalf of said tribes, and duly authorized by them.

ARTICLE 1.

The said tribes and bands of Indians hereby cede, relinquish, and convey to the United States all their right, title, and interest in and to the lands and country occupied by them, bounded and described as follows: Commencing at a point on the eastern side of Admiralty Inlet, known as Point Pully, about midway between Commencement and Elliott Bays; thence eastwardly, running along the north line of lands heretofore ceded to the United States by the Nisqually, Puyallup, and other Indians, to the summit of the Cascade range of mountains; thence northwardly, following the summit of said range to the 49th parallel of north latitude; thence west, along said parallel to the middle of the Gulf of Georgia; thence through the middle of said gulf and the main channel through the Canal de Arro to the Straits of Fuca, and crossing the same through the middle of Admiralty Inlet to Suquamish Head; thence southwesterly, through the peninsula, and following the divide between Hood’s Canal and Admiralty Inlet to the portage known as Wilkes’ Portage; thence northeastwardly, and following the line of lands heretofore ceded as aforesaid to Point Southworth, on the western side of Admiralty Inlet, and thence around the foot of Vashon’s Island eastwardly and southeastwardly to the place of beginning, including all the islands comprised within said boundaries, and all the right, title, and interest of the said tribes and bands to any lands within the territory of the United States.

ARTICLE 2.

There is, however, reserved for the present use and occupation of the said tribes and bands the following tracts of land, viz:the amount of two sections, or twelve hundred and eighty acres, surrounding the small bight at the head of Port Madison, called by the Indians Noo-sohk-um; the amount of two sections, or twelve hundred and eighty acres, on the north side Hwhomish Bay and the creek emptying into the same called Kwilt-seh-da, the peninsula at the southeastern end of Perry’s Island, called Shais-quihl, and the island called Chah-choo-sen, situated in the Lummi River at the point of separation of the mouths emptying respectively into Bellingham Bay and the Gulf of Georgia. All which tracts shall be set apart, and so far as necessary surveyed and marked out for their exclusive use; nor shall any white man be permitted to reside upon the same without permission of the said tribes or bands, and of the superintendent or agent, but, if necessary for the public convenience, roads may be run through the said reserves, the Indians being compensated for any damage thereby done them.

ARTICLE 3.

There is also reserved from out the lands hereby ceded the amount of thirty-six sections, or one township of land, on the northeastern shore of Port Gardner, and north of the mouth of Snohomish River, including Tulalip Bay and the before-mentioned Kwilt-seh-da Creek, for the purpose of establishing thereon an agricultural and industrial school, as hereinafter mentioned and agreed, and with a view of ultimately drawing thereto and settling thereon all the Indians living west of the Cascade Mountains in said Territory. Provided, however, That the President may establish the central agency and general reservation at such other point as he may deem for the benefit of the Indians.

ARTICLE 4.

The said tribes and bands agree to remove to and settle upon the said first above-mentioned reservations within one year after the ratification of this treaty, or sooner, if the means are furnished them. In the mean time it shall be lawful for them to reside upon any land not in the actual claim and occupation of citizens of the United States, and upon any land claimed or occupied, if with the pe-mission of the owner.

ARTICLE 5.

The right of taking fish at usual and accustomed grounds and stations is further secured to said Indians in common with all citizens of the Territory, and of erecting temporary houses for the purpose of curing, together with the privilege of hunting and gathering roots and berries on open and unclaimed lands. Provided, however, That they shall not take shell-fish from any beds staked or cultivated by citizens.

ARTICLE 6.

In consideration of the above cession, the United States agree to pay to the said tribes and bands the sum of one hundred and fifty thousand dollars, in the following manner – – that is to say: For the first year after the ratification hereof, fifteen thousand dollars; for the next two year, twelve thousand dollars each year; for the next three years, ten thousand dollars each year; for the next four years, seven thousand five hundred dollars each years; for the next five years, six thousand dollars each year; and for the last five years, four thousand two hundred and fifty dollars each year. All which said sums of money shall be applied to the use and benefit of the said Indians, under the direction of the President of the United States, who may, from time to time, determine at his discretion upon what beneficial objects to expend the same; and the superintendent of Indian affairs, or other proper officer, shall each year inform the President of the wishes of said Indians in respect thereto.

ARTICLE 7.

The President may hereafter, when in his opinion the interests of the Territory shall require and the welfare of the said Indians be promoted, remove them from either or all of the special reservations hereinbefore make to the said general reservation, or such other suitable place within said Territory as he may deem fit, on remunerating them for their improvements and the expenses of such removal, or may consolidate them with other friendly tribes or bands; and he may further at his discretion cause the whole or any portion of the lands hereby reserved, or of such other land as may be selected in lieu thereof, to be surveyed into lots, and assign the same to suc individuals or families as are willing to avail themselves of the privilege, and will locate on the same as a permanent home on the same terms and subject to the same regulations as are provided in the sixth article of the treaty with the Omahas, so far as the same may be applicable. Any substantial improvements heretofore made by any Indian, and which he shall be compelled to abandon in consequence of this treaty, shall be valued under the direction of the President and payment made accordingly therefor.

ARTICLE 8.

The annuities of the aforesaid tribes and bands shall not be taken to pay the debts of individuals.

ARTICLE 9.

The said tribes and bands acknowledge their dependence on the Government of the United States, and promise to be friendly with all citizens thereof, and they pledge themselves to commit no depredations on the property of such citizens. Should any one or more of them violate this pledge, and the fact be satisfactorily proven before the agent, the property taken shall be returned, or in default thereof, of if injured or destroyed, compensation may be made by the Government out of their annuities. Nor will they make war on any other tribe except in self-defence, but will submit all matters of difference between them and the other Indians to the Government of the United States or its agent for decision, and abide thereby. And if any of the said Indians commit depredations on other Indians within the Territory the same rule shall prevail as that prescribed in this article in cases of depredations against citizens. And the said tribes agree not to shelter or conceal offenders against the laws of the United States, but to deliver them up to the authorities for trial.

ARTICLE 10.

The above tribes and bands are desirous to exclude from their reservations the use of ardent spirits, and to prevent their people from drinking the same, and therefore it is provided that any Indian belonging to said tribe who is guilty of bringing liquor into said reservations, or who drinks liquor, may have his or her proportion of the annuities withheld from him or her for such time as the President may determine.

ARTICLE 11.

The said tribes and bands agree to free all slaves now held by them and not to purchase or acquire others hereafter.

ARTICLE 12.

The said tribes and bands further agree not to trade at Vancouver’s Island or elsewhere out of the dominions of the United States, nor shall foreign Indians be permitted to reside in their reservations without consent of the superintendent or agent.

ARTICLE 13.

To enable the said Indians to remove to and settle upon their aforesaid reservations, and to clear, fence, and break up a sufficient quantity of land for cultivation, the United States further agree to pay the sum of fifteen thousand dollars to be laid out and expended under the direction of the President and in such manner as he shall approve.

ARTICLE 14.

The United States further agree to establish at the general agency for the district of Puget’s Sound, within one year from the ratification hereof, and to support for a period of twenty years, an agricultural and industrial school, to be free to children of the said tribes and bands in common with those of the other tribes of said district, and to provide the said school with a suitable instructor or instructors, and also to provide a smithy and carpenter’s shop, and furnish them with the necessary tools, and employ a blacksmith, carpenter, and farmer for the like term of twenty years to instruct the Indians in their respective occupations. And the United States finally agree to employ a physician to reside at the said central agency, who shall furnish medicine and advice to their sick, and shall vaccinate them; the expenses of said school, shops, persons employed, and medical attendance to be defrayed by the United States, and not deducted from the annuities.

ARTICLE 15.

This treaty shall be obligatory on the contracting parties as soon as the same shall be ratified by the President and Senate of the United States.

In testimony whereof, the said Isaac I. Stevens, governor and superintendent of Indian affairs, and the undersigned chiefs, headmen, and delegates of the aforesaid tribes and bands of Indians, have hereunto set their hands and seals, at the place and on the day and year hereinbefore written.

Issac I. Stevens, Governor and Superintendent. (L.S.)

Seattle, Chief of the Dwamish and Suquamish tribes, his x mark. (L. S.)

Pat-ka-nam, Chief of the Snoqualmoo, Snohomish and other tribes, his x mark. (L.S.) Chow-its-hoot, Chief of the Lummi and other tribes, his x mark. (L. S.)

Goliah, Chief of the Skagits and other allied tribes, his x mark. (L.S.)

Kwallattum, or General Pierce, Sub-chief of the Skagit tribe, his x mark. (L.S.)

S’hootst-hoot, Sub-chief of Snohomish, his x mark. (L.S.)

Snah-talc, or Bonaparte, Sub-chief of Snohomish, his x mark. (L.S.)

Squush-um, or The Smoke, Sub-chief of the Snoqualmoo, his x mark. (L.S.)

See-alla-pa-han, or The Priest, Sub-chief of Sk-tah-le-jum, his x mark. (L.S.)

He-uch-ka-nam, or George Bonaparte, Sub-chief of Snohomish, his x mark. (L.S.)

Tse-nah-talc, or Joseph Bonaparte, Sub-chief of Snohomish, his x mark. (L.S.)

Ns’ski-oos, or Jackson, Sub-chief of Snohomish, his x mark. (L.S.)

Wats-ka-lah-tchie, or John Hobtsthoot, Sub-chief of Snohomish, his x mark. (L.S.)

Smeh-mai-hu, Sub-chief of Skai-wha-mish, his x mark. (L.S.)

Slat-eah-ka-nam, Sub-chief of Snoqualmoo, his x mark. (L.S.)

St’hau-ai, Sub-chief of Snoqualmoo, his x mark. (L.S.)

Lugs-ken, Sub-chief of Skai-wha-mish, his x mark. (L.S.)

S’heht-soolt, or Peter, Sub-chief of Snohomish, his x mark. (L.S.)

Do-queh-oo-satl, Snoqualmoo tribe, his x mark. (L.S.)

John Kanam, Snoqualmoo sub-chief, his x mark. (L.S.)

Klemsh-ka-nam, Snoqualmoo, his x mark. (L.S.)

Ts’huahntl, Dwa-mish sub-chief, his x mark. (L.S.)

Kwuss-ka-nam, or George Snatelum, Sen., Skagit tribe, his x mark. (L.S.)

Hel-mits, or George Snatelum, Skagit sub-chief, his x mark. (L.S.)

S’kwai-kwi, Skagit tribe, sub-chief, his x mark. (L.S.)

Seh-lek-qu, Sub-chief Lummi tribe, his x mark. (L.S.)

S’h’-cheh-oos, or General Washington, Sub-chief of Lummi tribe, his x mark. (L.S.)

Whai-lan-hu, or Davy Crockett, Sub-chief of Lummi tribe, his x mark. (L.S.)

She-ah-delt-hu, Sub-chief of Lummi tribe, his x mark. (L.S.)

Kwult-seh, Sub-chief of Lummi tribe, his x mark. (L.S.)

Kwull-et-hu, Lummi tribe, his x mark. (L.S.)

Kleh-kent-soot, Skagit tribe, his x mark. (L.S.)

Sohn-heh-ovs, Skagit tribe, his x mark. (L.S.)

S’deh-ap-kan, or General Warren, Skagit tribe, his x mark. (L.S.)

Chul-whil-tan, Sub-chief of Suquamish tribe, his x mark. (L.S.)

Ske-eh-tum, Skagit tribe, his x mark. (L.S.)

Patchkanam, or Dome, Skagit tribe, his x mark. (L.S.)

Sats-Kanam, Squin-ah-nush tribe, his x mark. (L.S.)

Sd-zo-mahtl, Kik-ial-lus band, his x mark. (L.S.)

Dahtl-de-min, Sub-chief of Sah-ku-meh-hu, his x mark. (L.S.)

Sd’zek-du-num, Me-sek-wi-guilse sub-chief, his x mark. (L.S.)

Now-a-chais, Sub-chief of Dwamish, his x mark. (L.S.)

Mis-lo-tche, or Wah-hehl-tchoo, Sub-chief of Suquamish, his x mark. (L.S.)

Sloo-noksh-tan, or Jim, Suquamish tribe, his x mark. (L.S.)

Moo-whah-lad-hu, or Jack, Suquamish tribe, his x mark. (L.S.)

Too-leh-plan, Suquamish tribe, his x mark. (L.S.)

Ha-seh-doo-an, or Keo-kuck, Dwamish tribe, his x mark. (L.S.)

Hoovilt-meh-tum, Sub-chief of Suquamish, his x mark. (L.S.)

We-ai-pah, Skaiwhamish tribe, his x mark. (L.S.)

S’ah-an-hu, or Hallam, Snohomish tribe, his x mark. (L.S.)

She-hope, or General Pierce, Skagit tribe, his x mark. (L.S.)

Hwn-lah-lakq, or Thomas Jefferson, Lummi tribe, his x mark. (L.S.)

Cht-simpt, Lummi tribe, his x mark. (L.S.)

Tse-sum-ten, Lummi tribe, his x mark. (L.S.)

Klt-hahl-ten, Lummi tribe, his x mark. (L.S.)

Kut-ta-kanam, or John, Lummi tribe, his x mark. (L.S.)

Ch-lah-ben, Noo-qua-cha-mish band, his x mark. (L.S.)

Noo-heh-oos, Snoqualmoo tribe, his x mark. (L.S.)

Hweh-uk, Snoqualmoo tribe, his x mark. (L.S.)

Peh-nus, Skai-whamish tribe, his x mark. (L.S.)

Yim-ka-dam, Snoqualmoo tribe, his x mark. (L.S.)

Twooi-as-kut, Skaiwhamish tribe, his x mark. (L.S.)

Luch-al-kanam, Snoqualmoo tribe, his x mark. (L.S.)

S’hoot-kanam, Snoqualmoo tribe, his x mark. (L.S.)

Sme-a-kanam, Snoqualmoo tribe, his x mark. (L.S.)

Sad-zis-keh, Snoqualmoo, his x mark. (L.S.)

Heh-mahl, Skaiwhamish band, his x mark. (L.S.)

Charley, Skagit tribe, his x mark. (L.S.)

Sampson, Skagit tribe, his x mark. (L.S.)

John Taylor, Snohomish tribe, his x mark. (L.S.)

Hatch-kwentum, Skagit tribe, his x mark. (L.S.)

Yo-i-kum, Skagit tribe, his x mark. (L.S.)

T’kwa-ma-han, Skagit tribe, his x mark. (L.S.)

Sto-dum-kan, Swinamish band, his x mark. (L.S.)

Be-lole, Swinamish band, his x mark. (L.S.)

D’zo-lole-gwam-hu, Skagit tribe, his x mark. (L.S.)

Steh-shail, William, Skaiwhamish band, his x mark. (L.S.)

Kel-kahl-tsoot, Swinamish tribe, his x mark. (L.S.)

Pat-sen, Skagit tribe, his x mark. (L.S.)

Pat-teh-us, Noo-wha-ah sub-chief, his x mark. (L.S.)

S’hoolk-ka-nam, Lummi sub-chief, his x mark. (L.S.)

Ch-lok-suts, Lummi sub-chief, his x mark. (L.S.)

Executed in the presence of us – –

M. T. Simmons, Indian agent.

C. H. Mason, Secretary of Washington Territory.

Benj. F. Shaw, Interpreter.

Chas. M. Hitchcock.

H. A. Goldsborough.

George Gibbs.

John H. Scranton.

Henry D. Cock.

S. S. Ford, jr.

Orrington Cushman.

Ellis Barnes.

R. S. Bailey.

S. M. Collins.

Lafayetee Balch.

E. S. Fowler.

J. H. Hall.

Rob’t Davis.

S. Doc. 319, 58-2, Vol 2 43

Ratified Mar. 8, 1859. Proclaimed Apr. 11, 1859.

Peter Callaghan: Bill could help 80 from Fish Wars

Criminal records of tribal fishermen could be cleared

Police arrest a woman during a fishing rights confrontation on the Puyallup River on Sept. 9, 1970. Sixty-four adults and 10 children were arrested after police and state game agents broke up an encampment that had stood for several weeks. WAYNE ZIMMERMAN/STAFF FILE, 1970Read more here: http://www.theolympian.com/2014/01/16/2933590/peter-callaghan-bill-could-help.html#storylink=cpy — Police arrest a woman during a fishing rights confrontation on the Puyallup River on Sept. 9, 1970. Sixty-four adults and 10 children were arrested after police and state game agents broke up an encampment that had stood for several weeks. WAYNE ZIMMERMAN/STAFF FILE, 1970

Peter Callaghan, The Olympian

The legislation itself might not help very many people.

A search of records by the Washington State Patrol shows that perhaps as few as 80 people still alive were arrested and convicted of state crimes related to what is now remembered as the Fish Wars.

One was Nisqually Tribe elder Billy Frank Jr.

“I was 14 years old when I first got arrested,” he told the House Community Development, Housing and Tribal Affairs Committee in Olympia on Tuesday. Frank was 14 in 1945.

The value of House Bill 2080, even for Frank, may be more symbolic than practical. By making it easier for tribal fishermen to have their records cleared, the state of Washington would be acknowledging not only that it was wrong but that it caused real harm to real people.

“This is small. This doesn’t do the times justice,” Rep. David Sawyer said of his bill. It does, however, give the state another opportunity to “own up to our own mistakes.”

“Very few things are more dear to the culture of a tribe as fishing. It is a huge part of their culture, and it’s something we stole from them,” Sawyer said.

That Sawyer, a liberal Democrat from Tacoma, would sponsor HB 2080 isn’t surprising. Some of the co-sponsors, however, might seem unexpected to those who recall the politics of the Fish Wars. Republicans and Democrats, conservatives and liberals, Western Washingtonians and Eastern Washingtonians are among the 15 sponsors of the bill.

History shows that tribal members bristled under state restrictions on their fishing rights almost from the beginning of statehood. But the issue heated up after World War II when younger tribal members became more assertive.

At the same time, fish supplies were strained by environmental degradation and overfishing, and the state became more aggressive in managing the fishery. Off reservation, tribal fishermen had to follow the same regulations as nontribal fishermen, the state asserted, including limited seasons and restrictions on equipment such as gill nets.

Building slowly, the issue exploded in the 1960s when tribal members adopted tactics practiced by the black civil rights movement. Whereas blacks in the South held sit-ins to protest segregated facilities, the tribes began to hold fish-ins. Authorities often responded with arrests and harassment.

And as in the South, mainstream media paid more attention when celebrities got involved. One in particular is still revered by Puget Sound tribes.

“The greater force against you was indifference rather than the people who were hitting you all the time,” actor Marlon Brando later wrote that he told the National Indian Youth Council in 1961. “Then if you could break that indifference you could get the mass of non-Indian people on your side.”

According to “Where The Salmon Run,” by Trova Heffernan, in attendance at that Utah conference was Hank Adams, who would soon be a leader in the tribal rights movement in the Puget Sound area. When Adams heard that Brando wanted to join a fishing protest in Washington, he saw it as a way to break through white indifference. At 2 a.m. on March 2, 1964, Adams roused reporters to tell them to be on the Puyallup River near Tacoma that very morning.

Brando and Puyallup activist Bob Satiacum got into a canoe and, at least according to a game agent, took salmon from the river illegally.

Here’s how Brando described it in his autobiography: “I got in a boat with a Native American and a … priest. Someone gave us a big salmon we were supposed to have taken out of the river illegally, and, sure enough, a game warden soon arrived and arrested us.”

According to Heffernan, the fish had been purchased earlier at Johnny’s Seafood. The spot on the river is still known as Brando’s Landing.

Comedian and civil rights activist Dick Gregory played a similar role at Frank’s Landing on the Nisqually. Unlike Brando, who was never charged, Gregory served six months in the Thurston County jail, Adams told the House committee Tuesday.

The most violent confrontation might have been along the Puyallup in September 1970. A large protest camp had been set up beneath a railroad bridge since Aug. 1. From there, tribal members continued to take fish despite state objections. After two raids mid month, the tribal leaders announced that they would arm themselves.

On the morning of Sept. 9, well-armed Tacoma police officers, along with state game and fisheries agents, broke up the camp, arresting 62 adults and 10 juveniles. Some shots were fired and tear gas was released, but there were no injuries.

The beginning of the end came in 1974 when U.S. District Court Judge George Boldt ruled that the treaties promising that the tribes could take salmon “in common” with white fisherman meant 50 percent of the catch. He also ended state restrictions on tribal fishermen. That ruling was upheld by the U.S. Supreme Court in 1979.

Frank said he lost track of how many times he was arrested, sometimes guessing at least 50 times between 1945 and Boldt’s ruling.

“That’s a long time of your life to be going to jail for something you believe in,” Frank said.

Read more here: http://www.theolympian.com/2014/01/16/2933590/peter-callaghan-bill-could-help.html#storylink=cpy

Snohomish County utility awaits approval for tidal turbine

In this June 13, 2011 file photo, the Energy Tide 2, the largest tidal energy turbine ever deployed in the U.S., appears on a barge in Portland, Maine. Scientists at the University of Washington have determined that Admiralty Inlet, in Puget Sound, is an excellent place to test tidal turbines. (AP Photo/File)

BY Tim Haeck on January 15, 2014 MyNorthwest.com

A public electric utility in Everett could be among the first in the nation to generate power from the tides.

Scientists at the University of Washington have determined that Admiralty Inlet, in Puget Sound, is an excellent place to test tidal turbines.

“Admiralty Inlet stacks up pretty well, worldwide, in terms of its actual tidal energy resource,” said Craig Collar, assistant general manager at Snohomish County Public Utility District No. 1. Currents have been clocked at 6-7 knots, he said.

The PUD is pledged to maintain carbon-free power sources. It has wind power and is exploring geo-thermal energy, as well.

“We’re highly dependent on the Bonneville Power Administration,” said Collar. “That’s a lot of eggs in one basket and it only makes sense to diversify.”

The advantage of tidal power: tides are reliable and predictable.

The disadvantage is you have to pick the right spot.

The utility wants to place two turbines, each about 20-feet in diameter, on the bottom of Admiralty Inlet, 200 feet below the surface. The more than $20 million pilot project, funded in half by the U.S. Energy Department, is at least six years in development. It’s been delayed, in part, by a challenge from a California company that owns two trans-ocean fiber optic telecommunications cables.

“The turbines, as currently proposed, are dangerously close to our cable,” said Kurt Johnson, chief financial officer of Pacific Crossing. He’s worried that turbine deployment and maintenance could damage the cables.

“Pacific Crossing is not against tidal energy, or even this specific project. All we’re really asking is that the PUD locate the turbines a safe distance from our cable.”

“In fact, we have done that,” said Collar. “This project is now several hundred feet away from their cable, so the crux of the matter is our project simply doesn’t represent any risk whatsoever to their cable.”

Collar said an environmental review by the Federal Energy Regulatory Commission (FERC), draws the same conclusion.

“The facts are they’ve got a six-inch wide lease, we’re several hundred feet away, we have a deployment accuracy of less than ten feet, we won’t use any anchors at all in the deployment operation or maintenance of these devices,” said Collar.

Tribal and environmental groups have also challenged the project out of concern for fish and orcas.

“But the truth is these turbines rotate quite slowly, more the speed that we’d visualize for a turnstile, taking several seconds just to make a single revolution,” Collar explained.

The utility is awaiting approval of a license from FERC and some state and local permits. The soonest the turbines could be deployed would be 2015.

It’s not known if tidal power will prove effective around here.

The Snohomish County PUD No.1 will hook up the turbines to the power grid but Collar said this pilot project is more about collecting data than generating electricity. If approved, the turbines will operate for three-to-five years and be removed.

Fine Print: 7 American Indian Women Novelists You Have to Read

Tanya H. Lee

1/15/14 ICTMN.com

When people talk about American Indian women novelists, the names that come to mind are typically Leslie Marmon Silko, Louise Erdrich and Joy Harjo. But there are many worthy yet lesser-known American Indian female fiction writers whose names do not trip off the tongue. Here are some of them:

Debra Magpie Earling

Earling, Confederated Salish and Kootenai Tribes of the Flathead Indian Reservation, published her award-winning Perma Red in 2002. The novel recounts the hardships suffered by Louise White Elk, a tale based on the true-life story of Earling’s aunt. Twenty years in the writing, Perma Red tells “a story that has burdened my family for years,” says Earling.

In describing the difficulty of getting the book written, which included a fire that destroyed her first 800-page draft, and getting it published, which included a decision to revise the ending because publishers would not accept a novel in which the protagonist dies—the real Aunt Louise died at 23 of exposure after a car accident—Earling says, “If you have a story that you need to tell and you want it out in the world, there’s some tenacious spirit that we [writers] all have.”

Earling has taught creative writing at the University of Montana, where she is a full professor, for the past 22 years.

Perma Red won the Western Writers Association Spur Award, the Medicine Pipe Bearer Award for Best First Novel, a WILLA Literary Award and the American Book Award.

Earling is working on a proposal for a second novel and hopes eventually to write a novel based on the life of Sacajawea. “She was a traditional woman… some accounts suggest she was as young as 14 years old when she was traveling [with Lewis and Clark]. She saw the true coming of the white man and the movement westward in a way that no one else had the opportunity to see. My biggest dream is to write that novel,” says Earling.

Linda LeGarde Grover

Author of two award-winning book-length collections of interconnected short stories, Grover, Bois Forte Band of Objiwe, is a professor of American Indian studies at the University of Minnesota-Duluth.

Grover’s novels are based on her long-standing academic research interest—looking at how federal and state Indian policies affect Ojibwe families. As an undergraduate, “I began my research on boarding schools in northern Minnesota and that became the foundation for everything I’ve done.”

When she was doing the research for her master’s the chairman of her committee suggested she give fiction a try. “I started out by writing a story, and then another one that was connected to it. I ended up with a box of stories and put together eight of them when the University of Georgia Press sent out a call for manuscripts. That became The Dance Boots,” which was published in 2010 and won the 2009 Flannery O’Connor Award for Short Fiction and the 2011 Janet Heidinger Kafka Prize.

Grover’s second novel-length collection of stories, The Road Back to Sweetgrass, is expected to be published in 2014. In 2008, the manuscript won the Native Writers Circle of the Americas First Book Award. The novel is arranged in four sections, each of which has linked stories that do not follow a linear timeline. The format for both books, says Grover, “seems to me a natural way of Native storytelling that has existed for a really long time. I never thought, ‘I’m going to write a book.’ I said to myself, ‘I think I will write a story.’” The old traditional stories, says Grover, are linked stories that are all part of a big picture. Grover’s research on boarding school families, beginning with the Dawes Act and continuing to the present, is integrated into Sweetgrass, which depicts people who, like herself, grew up during the era of federal termination policy.

Linda Hogan

Hogan, Chickasaw, won a National Endowment for the Arts fiction grant in 1986, a Guggenheim for fiction in 1990, and a Lannan Award in 1994. She has received the Lifetime Achievement Award from the Native Writers Circle of the Americas, The Wordcraft Circle, and The Mountains and Plains Booksellers Association.

Hogan’s first novel, Mean Spirit (1991) received the Oklahoma Book Award and the Mountains and Plains Book Award, and was a finalist for the Pulitzer Prize the year that honor went to John Updike. Solar Storms (1997) and Power (1999) were both finalists for the International Impact Award.

Hogan’s writing reflects her commitment to cultural conservation and traditional ecosystem knowledge, among other interests. “The spiritual tradition is part of all of my work, my daily life, because it acknowledges the life of the earth and all that lives on it. I do not place any life above other life. I watch how the forest is important to water, both to aquifers and to calling down rain, even to communication with other trees, and the ground it exists in and the Earth is filled with so much life inside it, a terrestrial intelligence we no longer understand. But our people of the past knew,” she says.

In addition to her extensive and highly-praised oeuvre as a poet, Hogan is a renowned nonfiction writer. Her works include Dwellings, A Spiritual History of the Land; and The Woman Who Watches Over the World: A Native Memoir. She is currently working on another novel.

Hogan says of her novels, “I am working on re-telling our past. Still, even with all the research, I am merely a writer trying to put it all together. We have all been brilliant people and it is an incredible world even now, ongoing in its creation and we are participants in it.”

Formerly a full professor at the University of Colorado, Hogan now lives in Tishomingo, Oklahoma, with “a wild mustang who turned out to be a Chickasaw pony” and a wild burro.

Sara Sue Hoklotubbe

Hoklotubbe, Cherokee, grew up in northeastern Oklahoma near the banks of Lake Eucha, the location that is the setting for her mysteries. She worked at the University of Oklahoma for more than 20 years in finance. No wonder the heroine of her novels, Sadie Walela, is a banker!

Hoklotubbe describes her beginnings as a writer: “It was a long journey and I started late in life… I loved English in high school, but when I got to college my focus switched over to political philosophy. Out of college the first thing I needed to do was get a job, which I did in the banking business. That was 1974. I always thought I would do something else—this was just going tide me over for a little while.” Twenty years later she was a VP at the bank.

But the job took “so many hours a day I really couldn’t focus on anything else. Then my husband and I got married in 1997. When we moved [to Hawaii] I couldn’t get a job…. It was a new situation for me.” Given the opportunity to think about what she actually wanted to do, Hoklotubbe decided, “I’d really like to try to write. I was 45. I went to the community college and took some non-credit classes in creative writing. It was just like someone flipped on a switch inside me.”

She soon decided to try to write a book about how badly women are treated in the banking business. The book started out with a bank robbery. “But it just took a 90 degree turn and ended up completely different. I just wanted to tell a good story; I wasn’t trying to write a mystery…. I really liked the way [Tony Hillerman] was able to convey things about the Navajo culture and the way of life, and yet it was in a good story. I wanted to do that for my people. So I guess unconsciously that’s how I ended up writing a mystery.”

Hoklotubbe was named Writer of the Year by Wordcraft Circle of Native Writers and Storytellers in 2004 for her first novel, Deception on All Accounts (Sadie Walela Mystery), 2003. The American Café (Sadie Walela Mystery), 2011, has won several awards, including the 2012 WILLA Literary Award given by Women Writing the West, the 2012 New Mexico/Arizona Book Award for Mystery/Suspense, and the 2012 Wordcraft Circle of Native Writers and Storytellers award for Mystery of the Year. Hoklotubbe’s third mystery, Sinking Suspicions, is expected out in fall 2014, and she’s working on a fourth.

LeAnne Howe

Howe, an enrolled Citizen of the Choctaw Nation of Oklahoma, has an extensive publications list that includes fiction, poetry, screenplays, creative non-fiction, plays and scholarly articles. She is a faculty member in the creative writing program, a professor of English and American Indian Studies, and an affiliated faculty member in the Theatre Department at the University of Illinois, Urbana-Champaign.

“In teaching creative writing,” she says, “I try to advocate for stories that come from someplace inside the students themselves, the stories they carry—how we embody as tribal people our land, our landscape, our community. So in my mind these two prongs of teaching [creative writing and American Indian Studies] work together.”

She is working on her third novel, Memoir of a Choctaw Indian in the Arab Revolts, 1917 & 2011, set in Allen, Oklahoma, and Bilaad ash Sham, which she visited in 2010-2011. Bilaad ash Sham, she explains, was a “region that included what is now Syria, Lebanon, Jordan, all the way over to Jerusalem.” The region was broken up after the Arab Revolt of 1921 when the British and French imposed the borders that created modern Middle Eastern countries. “There’s no such thing as Iraq, there’s no such thing as Syria in the way it’s shaped now. Those were imposed borders. It’s a very similar process to what happens to tribes here in terms of this is your border, this is where you live. These kinds of colonial processes are not dissimilar… I’m well-known for choosing time periods and comparing those time periods through the experience of tribal people, so this is another project in line with Shell Shaker and Miko Kings.”

Shell Shaker (2001), Howe’s first novel, won the American Book Award 2002, Before Columbus Foundation and was a finalist for the Oklahoma Book Award 2003. Howe was chosen as the Wordcraft Circle Writer of the Year for Fiction in 2002. Miko Kings: An Indian Baseball Story (2007) was selected as the Read-in Selection for Hampton University, 2009-2010. Howe is the recipient of the 2012 Lifetime Achievement Award from the Native Writers’ Circle of the Americas.

Evelina Zuni Lucero

Lucero, Isleta/Ohkay Owingeh Pueblo, is winner of the 1999 Native Writers’ Circle of the Americas First Book Award for Fiction for her first novel, Night Sky, Morning Star, published in 2000. She is working on her second, Sovereign Seven, a story about Indian gaming.

Night Sky, Morning Star was developed from another novel that made the rounds but did not get picked up. Lucero took the one chapter in that book that everyone liked and built a story around it. The characters are based partly on people she knew in high school in Nevada, but the story is an act of imagination. “I had a lot of fun discovering who the characters were,” she says.

Lucero is chair of the Creative Writing Department at the Institute of American Indian Arts, following a stint as a journalist for tribal and national Indian news publications.

Her second novel is a challenge, says Lucero. “I thought that since I’ve written one novel, the second one should be easy, but it turns out that every book, every set of characters, has its own life. It took me a while to figure that one out.” This book is based on a short story she wrote in the late 1990s about the State of New Mexico’s conflict with the pueblo and Apache tribes over casinos with high stakes gaming. “It was a major conflict between the tribes and the state; eventually the tribes were successful.”

One of the historical figures Lucero encountered when she was doing research on the arrival of the Spanish in New Mexico was a “true life Native person who tricked the Spanish into thinking there were huge kingdoms of gold to the East as part of a plot of the Pueblo peoples to lure them onto the plains where they would travel until they got weary and tired—the idea was to do them in.” The Spanish, who first entered New Mexico in the 1540s looking for land to settle and to find riches, had heard stories of about seven cities of gold. The concocted story fit right into their expectations, Lucero says.

The novel, which Lucero describes as the “intersection of history, myth and the imagination,” marries the whole idea of modern-day casinos to the mythological Seven Cities of Gold, not coincidentally the basis for the name of one of the first casinos in northern New Mexico. “The casinos are another good trick that Native people came up with to lure non-Natives and get some enrichment and benefits out of that whole arrangement,” says Lucero, who hopes to finish the novel during her sabbatical next year.

Lee Maracle

It was a dark and stormy night in Sardis, British Columbia, when Lee Maracle, Sto:Loh Nation, discovered she was a novelist as well a short-story writer. “There was a storm at the house and I was terrified,” she says. “I started writing so I wouldn’t hear the thunder. I had 80 pages written before anyone came home and the storm stopped.” She was so engrossed that “a tree fell on my house and I didn’t notice.” So far she has four novels to her credit: Sundogs: A Novel, 1992; Ravensong, 1995; Daughters are Forever, 2002; and Will’s Garden, 2002. She is working on the fifth, which will be a continuation of Ravensong, telling the story of the little child named Celia. “People kept asking what happened to her,” says Maracle.

Maracle teaches in the Aboriginal Studies Program and the Centre for Indigenous Theatre and she is the Traditional Teacher for First Nations House, all at the University of Toronto. She is one of the founders of the En’owkin International School of Writing in Penticton, B.C. In addition to her novels, she has published poetry and several non-fiction works.

Maracle is a member of the Red Power Movement and Liberation Support Movement; her political and social views are integral to her writing, she says. Sundogs is set during the Oka crisis between the Canadian government and the Mohawk Nation, while Ravensong deals with the flu epidemic of the 1950s, and Daughters tells of the healing that is possible within a dysfunctional family.

Among the points Maracle stresses is the importance of readers paying attention to emerging First Nations writers, a few of whom she mentioned. Leanne Betasamosake Simpson, Mississauga Nishnaabeg, has just published Islands of Decolonial Love: Stories & Songs, her debut collection of short stories. Cherie Dimaline, Ojibway and Métis, published her first novel, The Girl Who Grew A Galaxy, last June. Canadian poet Katherena Zermette, Metis, is the first Native woman writer to win the Governor General’s Literary Award for poetry, which she received for North End Love Songs.

Crow & Lummi, Dirty Coal & Clean Fishing

Courtesy National Oceanic and Atmospheric AdministrationKnown as “home to the Ancient Ones,” Cherry Point in Washington state is home to a stable fishing ecosystem that supports the Lummi Nation, and has become a recent point of interest for a Coal export for the Crow — Courtesy National Oceanic and Atmospheric Administration
Known as “home to the Ancient Ones,” Cherry Point in Washington state is home to a stable fishing ecosystem that supports the Lummi Nation, and has become a recent point of interest for a Coal export for the Crow

Winona LaDuke, ICTMN, 1/15/14

“The tide is out and the table is set…” Justin Finklebonner gestures to the straits on the edge of the Lummi reservation. This is the place where the Lummi people have gathered their food for a millennium. It is a fragile and bountiful ecosystem, part of the Salish Sea, newly corrected in it’s naming by cartographers. When the tide goes out, the Lummi fishing people go to their boats—one of the largest fishing fleets in any Indigenous community. They feed their families, and they fish for their economy.

This is also the place where corporations fill their tankers and ships to travel into the Pacific and beyond. It is one of only a few deep water ports in the region, and there are plans to build a coal terminal here. That plan is being pushed by a few big corporations, and one Indian nation—the Crow Nation, which needs someplace to sell the coal it would like to mine, in a new deal with Cloud Peak Energy. The deal is a big one: 1.4 billion tons of coal to be sold overseas. There have been no new coal plants in the United States for 30 years, so Cloud Peak and the Crow hope to find their fortunes in China. The mine is called Big Metal, named after a Crow legendary hero.

The place they want to put a port for huge oil tankers and coal barges is called Cherry Point, or XweChiexen. It is sacred to the Lummi. There is a 3,500-year-old village site here. The Hereditary Chief of the Lummi Nation, tsilixw (Bill James), describes it as the “home of the Ancient Ones.” It was the first site in Washington State to be listed on the Washington Heritage Register.

Coal interests hope to construct North America’s largest coal export terminal on this “home of the Ancient Ones.” Once there, coal would be loaded onto some of the largest bulk carriers in the world to China. The Lummi nation is saying Kwel hoy’: We draw the line. The sacred must be protected.

So it is that the Crow Nation needs a friend among the Lummi and is having a hard time finding one. In the meantime, a 40-year old coal mining strategy is being challenged by Crow people, because culture is tied to land, and all of that may change if they starting mining for coal. And, the Crow tribal government is asked by some tribal members why renewable energy is not an option.

The stakes are high, and the choices made by sovereign Native nations will impact the future of not only two First Nations, but all of us.

How it Happens

It was a long time ago that the Crow People came from Spirit Lake. They emerged to the surface of this earth from deep in the waters. They emerged, known as the Hidatsa people, and lived for a millennia or more on the banks of the Missouri River. The most complex agriculture and trade system in the northern hemisphere, came from their creativity and their diligence. Hundreds of varieties of corn, pumpkins, squash, tobacco, berries—all gifts to a people. And then the buffalo—50 million or so—graced the region. The land was good, as was the life. Ecosystems, species and cultures collide and change. The horse transformed people and culture. And so it did for the Hidatsa and Crow people, the horse changed how the people were able to hunt—from buffalo jumps, from which carefully crafted hunt could provide food for months, to the quick and agile movement of a horse culture, the Crow transformed. They left their life on the Missouri, moving west to the Big Horn Mountains. They escaped some of what was to come to the Hidatsas, the plagues of smallpox and later the plagues of agricultural dams which flooded a people and a history- the Garrison project, but the Crow, if any, are adept at adaptation. The Absaalooka are the People of the big beaked black bird —that is how they got their name, the Crow. The River Crow and the Mountain Crow, all of them came to live in the Big Horns, made by the land, made by the horse, and made by the Creator.

A Good Country

“The Crow country is a good country. The Great Spirit has put it exactly in the right place; while you are in it you fare well; whenever you go out of it, whichever way you travel, you will fare worse… The Crow country is exactly in the right place.”

–Arapooish Crow leader, to Robert Campbell, Rocky Mountain Fur Company, c.1830

The Absaalooka were not born coal miners. That’s what happens when things are stolen from you—your land, reserved under treaty, more than 30 million acres of the best land in the northern plains, the heart of their territory. This is what happens with historic trauma, and your people and ancestors disappear – “1740 was the first contact with the Crow,” Sharon Peregoy, a Crow Senator in the Montana State legislature, explains. “It was estimated… to be 40,000 Crows, with a 100 million acres to defend. Then we had three bouts of smallpox, and by l900, we were greatly reduced to about l,750 Crows.”

“The 1825 Treaty allowed the settlers to pass through the territory.” The Crow were pragmatic. “We became an ally with the U.S. government. We did it as a political move, that’s for sure.” That didn’t work out. The 1851 Fort Laramie Treaty identified 38 million acres as reserved, while the 1868 Fort Laramie Treaty greatly reduced the reservation to 8 million acres. A series of unilateral congressional acts further cut down the Crow land base, until only 2.3 million acres remained.

“The l920 Crow Act’s intent was to preserve Crow land to ensure Crow tribal allottees who were ranchers and farmers have the opportunity to utilize their land,” Peregoy explains.

Into the heart of this came the Yellowtail Dam. That project split the Crow people and remains, like other dams flooding Indigenous territories, a source of grief, for not only is the center of their ecosystem, but it benefits largely non-Native landowners and agricultural interests, many of whom farm Crow territory. And, the dam provides little financial returns for the tribe. The dam was a source of division, says Peregoy.“We were solid until the vote on the Yellowtail Dam in l959.”

In economic terms, essentially, the Crow are watching as their assets are taken to benefit others, and their ecology and economy decline. “Even the city of Billings was built on the grass of the Crows,“ Peregoy says.

Everything Broken Down

“Our people had an economy and we were prosperous in what we did. Then with the reservation, everything we had was broken down and we were forced into a welfare state.”

–Lane Simpson, Professor, Little Big Horn College

One could say the Crow know how to make lemonade out of lemons. They are renowned horse people and ranchers, and the individual landowners, whose land now makes up the vast majority of the reservation, have tried hard to continue that lifestyle. Because of history of land-loss, the Crow tribe owns some l0 percent of the reservation.

The Crow have a short history of coal strip mining—maybe 50 years. Not so long in Crow history, but a long time in an inefficient fossil fuel economy. Westmoreland Resource’s Absaloka mine opened in 1974. It produces about 6 million tons of coal a year and employs about 80 people. That deal is for around 17 cents a ton.

Westmoreland has been the Crow Nation’s most significant private partner for over 39 years, and the tribe has received almost 50 percent of its general operating income from this mine. Tribal members receive a per-capita payment from the royalties, which, in the hardship of a cash economy, pays many bills.

Then there is Colstrip, the power plant complex on the border of Crow—that produces around 2,800 mw of power for largely west coast utilities and also employs some Crows. Some 50 percent of the adult population is still listed as unemployed, and the Crow need an economy that will support their people and the generations ahead. It is possible that the Crow may have become cornered into an economic future which, it turns out, will affect far more than just them.

Big Metal Mine, named after a legendary Crow (Courtesy Big Metal Coal)

Enter Cloud Peak

In 2013, the Crow Nation signed an agreement with Cloud Peak to develop 1.4 billion tons in the Big Metal Mine, named after a legendary Crow. The company says it could take five years to develop a mine that would produce up to 10 million tons of coal annually, and other mines are possible in the leased areas. Cloud Peak has paid the tribe $3.75 million so far.

The Crow nation may earn copy0 million over those first five years. The Big Metal Mine, however may not be a big money-maker. Coal is not as lucrative as it once was, largely because it is a dirty fuel. According to the Energy Information Administration, l75 coal plants will be shut down in the next few years in the U.S.

So the target is China. Cloud Peak has pending agreements to ship more than 20 million tons of coal annually through two proposed ports on the West Coast.

Back to the Lummi

The Gateway Pacific Coal terminal would be the largest such terminal on Turtle Island’s west coast. This is what large means: an l,l00 acre terminal, moving up to 54 million metric tons of coal per year, using cargo ships up to l,000 feet long. Those ships would weigh maybe 250,000 tons and carry up to 500,000 gallons of oil. Each tanker would take up to six miles to stop.

All of that would cross Lummi shellfish areas, the most productive shellfish territory in the region. “It would significantly degrade an already fragile and vulnerable crab, herring and salmon fishery, dealing a devastating blow to the economy of the fisher community,” the tribe said in a statement.

The Lummi community has been outspoken in its opposition, and taken their concerns back to the Powder River basin, although not yet to the Crow Tribe. Jewell Praying Wolf James is a tribal leader and master carver of the Lummi Nation. “There’s gonna be a lot of mercury and arsenic blowing off those coal trains,” James says. “That is going to go into a lot of communities and all the rivers between here and the Powder River Basin.”

Is there a Way Out?

Is tribal sovereignty a carte blanche to do whatever you want? The Crow Tribe’s coal reserves are estimated at around 9 billion tons of coal. If all the Crow coal came onto the market and was sold and burned, according to a paper by Avery Old Coyote, it could produce an equivalent of 44.9 billion metric tons of carbon dioxide.

That’s a lot of carbon during a time of climate challenge.

Then there are the coal-fired power plants. They employ another 380 people, some of them Crow, and generating some 2,094 mw of electricity. The plants are the second largest coal generating facilities west of the Mississippi. PSE’s coal plant is the dirtiest coal-burning power plant in the Western states, and the eighth dirtiest nationwide. The amount of carbon pollution that spews from Colstrip’s smokestacks is almost equal to two eruptions at Mt. St. Helen’s every year.

Coal is dirty. That’s just the way it is. Coal plant operators are planning to retire 175 coal-fired generators, or 8.5 percent of the total coal-fired capacity in the U.S., according to the Energy Information Administration. A record number of generators were shut down in 2012. Massive energy development in PRB contributes more than 14 percent of the total U.S. carbon pollution, and the Powder River Basin is some of the largest reserves in the world. According to the United States Energy Information Administration, the world emits 32.5 billion metric tons of carbon dioxide each year. The Crow Tribe will effectively contribute more than a year and a half of the entire world’s production of carbon dioxide.

There, is, unfortunately, no bubble over China, so all that carbon will end up in the atmosphere.

The Crow Nation chairman, Darrin Old Coyote, says coal was a gift to his community that goes back to the tribe’s creation story. “Coal is life,” he says. “It feeds families and pays the bills…. [We] will continue to work with everyone and respect tribal treaty rights, sacred sights, and local concerns. However, I strongly feel that non-governmental organizations cannot and should not tell me to keep Crow coal in the ground. I was elected to provide basic services and jobs to my citizens and I will steadfastly and responsibly pursue Crow coal development to achieve my vision for the Crow people.”

In 2009, 1,133 people were employed by the coal industry in Montana. U.S. coal sales have been on the decline in recent years, and plans to export coal to Asia will prop up this industry a while longer. By contrast, Montana had 2,155 “green” jobs in 2007 – nearly twice as many as in the coal industry. Montana ranks fifth  in the nation for wind-energy potential. Even China has been dramatically increasing its use of renewables and recently called for the closing of thousands of small coal mines by 2015. Perhaps most telling, Goldman Sachs recently stated that investment in coal infrastructure is “a risky bet and could create stranded assets.”

The Answer May Be Blowing in the Wind

The Crow nation has possibly l5,000-megawatts of wind power potential, or six times as much power as is presently being generated by Colstrip. Michaelynn Hawk and Peregoy have an idea: a wind project owned by Crow Tribal members that could help diversify Crow income. Michaelynn says “the price of coal has gone down. It’s not going to sustain us. We need to look as landowners at other economic development to sustain us as a tribe. Coal development was way before I was born. From the time I can remember, we got per capita from the mining of coal. Now that I’m older, and getting into my elder age, I feel that we need to start gearing towards green energy.”

Imagine there were buffalo, wind turbines and revenue from the Yellowtail Dam to feed the growing Crow community. What if the Crow replaced some of that 500 megawatts of Colstrip Power, with some of the l5,000 possible megawatts of power from wind energy? And then there is the dam on the Big Horn River. “We have the opportunity right now to take back the Yellowtail Dam,” Peragoy says. “Relicensing and lease negotiations will come up in two years for the Crow Tribe, and that represents a potentially significant source of income – $600 million. That’s for 20 years, $30 million a year.”

That would be better than dirty coal money for the Crow, for the Lummi, for all of us.

Bill would clear convictions during 60s fish-ins

Ted S. Warren / Associated PressBilly Frank Jr., a Nisqually tribal elder who was arrested dozens of times while trying to assert his native fishing rights during the Fish Wars of the 1960s and ‘70s, holds a late-1960s photo of himself Monday (left) fishing with Don McCloud, near Frank’s Landing on the Nisqually River. Several state lawmakers are pushing to give people arrested during the Fish Wars a chance to expunge their convictions from the record. — Ted S. Warren / Associated Press
Billy Frank Jr., a Nisqually tribal elder who was arrested dozens of times while trying to assert his native fishing rights during the Fish Wars of the 1960s and ‘70s, holds a late-1960s photo of himself Monday (left) fishing with Don McCloud, near Frank’s Landing on the Nisqually River. Several state lawmakers are pushing to give people arrested during the Fish Wars a chance to expunge their convictions from the record.

By PHUONG LE, The Associated Press

SEATTLE — Decades after American Indians were arrested for exercising treaty-protected fishing rights during a nationally watched confrontation with authorities, a proposal in the state Legislature would give those who were jailed a chance to clear their convictions from the record.

Tribal members and others were roughed up, harassed and arrested while asserting their right to fish for salmon off-reservation under treaties signed with the federal government more than a century prior. The Northwest fish-ins, which were known as the “Fish Wars” and modeled after sit-ins of the civil rights movement, were part of larger demonstrations to assert American Indian rights nationwide.

The fishing acts, however, violated state regulations at the time, and prompted raids by police and state game wardens and clashes between Indian activists and police.

Demonstrations staged across the Northwest attracted national attention, and the fishing-rights cause was taken up by celebrities such as the actor Marlon Brando, who was arrested with others in 1964 for illegal fishing from an Indian canoe on the Puyallup River. Brando was later released.

“We as a state have a very dark past, and we need to own up to our mistakes,” said Rep. David Sawyer, D-Tacoma, prime sponsor of House Bill 2080. “We made a mistake, and we should allow people to live their lives without these criminal charges on their record.”

Lawmakers in the House Community Development, Housing and Tribal Affairs Committee are hearing public testimony on the bill Tuesday afternoon.

Sawyer said he’s not sure exactly how many people would be affected by the proposal. “Even if there’s a handful it’s worth doing,” he added.

Sawyer said he took up the proposal after hearing about a tribal member who couldn’t travel to Canada because of a fishing-related felony, and about another tribal grandparent who couldn’t adopt because of a similar conviction.

Under the measure, tribal members who were arrested before 1975 could apply to the sentencing court to expunge their misdemeanor, gross misdemeanor or felony convictions if they were exercising their treaty fishing rights. The court has the discretion to vacate the conviction, unless certain conditions apply, such as if the person was convicted for a violent crime or crime against a person, has new charges pending or other factors.

“It’s a start,” said Billy Frank Jr., a Nisqually tribal elder who figured prominently during the Fish Wars. He was arrested dozens of times. “I never kept count,” he said of his arrests.

Frank’s Landing, his family’s home along the Nisqually River north of Olympia, became a focal point for fish-ins. Frank and others continued to put their fishing nets in the river in defiance of state fishing regulations, even as game wardens watched on and cameras rolled. Documentary footage from that time shows game wardens pulling their boats to shore and confiscating nets.

One of the more dramatic raids of the time occurred on Sept. 9, 1970, when police used tear gas and clubs to arrest 60 protesters, including juveniles, who had set up an encampment that summer along the Puyallup River south of Seattle.

The demonstrations preceded the landmark federal court decision in 1974, when U.S. District Judge George Boldt reaffirmed tribal treaty rights to an equal share of harvestable catch of salmon and steelhead and established the state and tribes as co-managers of the resource. The U.S. Supreme Court later upheld the decision.

Hank Adams, a well-known longtime Indian activist who fought alongside Frank, said the bill doesn’t cover many convictions, which were civil contempt charges for violating an injunction brought against three tribes in a separate court case. He said he hoped those convictions could be included.

“We need to make certain those are covered,” said Adams, who was shot in the stomach while demonstrating and at one time spent 20 days in Thurston County Jail.

He also said he wanted to ensure that there was a process for convicted fishermen to clear their records posthumously, among other potential changes.

But Sid Mills, who was arrested during the Fish Wars, questioned the bill’s purpose.

“What good would it do to me who was arrested, sentenced and convicted? They’re trying to make themselves feel good,” he said.

“They call it fishing wars for a reason. We were fighting for our lives,” said Mills, who now lives in Yelm. “We were exercising our rights to survive as Indians and fish our traditional ways. And all of a sudden the state of Washington came down and (did) whatever they could short of shooting us.”

Grant advances Kasaan longhouse repairs

The roof of Kasaan’s Chief Son-i-Hat House, also known as the Whale House, is covered by a tarp during repair work. (Organized Village of Kasaan.)

By Ed Schoenfeld, CoastAlaska News

A nearly-half-million-dollar grant will speed restoration of Alaska’s oldest Haida longhouse. The structure was first built 130 years ago.

Haida Chief Son-i-Hat built the original longhouse in the 1880s at the village of Kasaan. It’s on the eastern side of Southeast’s Prince of Wales Island, about 30 miles northwest of Ketchikan.

It was called Naay I’waans, The Great House. Many know it as The Whale House, for some of the carvings inside.

It deteriorated, as wooden buildings in the rain forest do. The Civilian Conservation Corps, a depression-era employment program, rebuilt it in the late 1930s.

Now, the house badly needs repair again.

An insect-infested house post is prepared for heat treatment to kill carpenter ants. (Organized Village of Kasaan)

“It’s a matter of our cultural revitalization, showing that we’re still here and part of these lands,” says Richard Peterson, president of the Tribal Council for the Organized Village of Kasaan.

The tribal government is partnering with the Native village corporation Kavilco, and its cultural arm, the Kasaan Haida Heritage Foundation.

“A lot of the building is still in really good condition. Some of the supports are what’s failing. I think we’re fortunate enough that we don’t need a total reconstruction, so we want to maintain as much as we can,” Peterson says.

Toxic Waters, Part 2: Focus Should Be Clean Up, Not Do Not Eat, Tribal Leaders Say

Washington State's recommended fish consumption rates boil down to just 6.7 grams per day per resident, or one eight-ounce fillet per month.In contrast, Oregon's rate to determine how much contamination is allowable in its waters assumes a 175-gram-per-day consumption rate, or about 24 eight-ounce fillets per month. — Washington State’s recommended fish consumption rates boil down to just 6.7 grams per day per resident, or one eight-ounce fillet per month.In contrast, Oregon’s rate to determine how much contamination is allowable in its waters assumes a 175-gram-per-day consumption rate, or about 24 eight-ounce fillets per month.

Terri Hansen, 1/12/14, Indian Country Today Media Network

The problems associated with contamination in Northwestern waters are mounting.

For years the many contaminants in Washington State waterways have prompted the state’s Department of Health to issue official warnings against eating Washington fish too frequently. Washington currently has fish consumption advisories issued throughout the state.

“The tribes are not only interested in protecting all the species of fish they eat, but they’re also concerned about protecting their economic interests,” said Ann Seiter, fish consumption rate coordinator for the Northwest Indian Fisheries Commission.

Tribes are calling for major changes in pollution policy. When health officials from Washington and Oregon issued advisories for mid-Columbia River’s resident fish last September due to elevated mercury and PCB levels, tribal leaders were outraged.

“The focus should not be ‘Do not eat’–it should be ‘Clean up’–the Columbia River,” said Yakama Nation Chairman Harry Smiskin in a statement at the time.

The Umatilla, Yakama, Nez Perce and Warm Springs tribes urged the governors of Washington and Idaho to update water quality standards and fish consumption rates.

“The tribes believe that the long-term solution to this problem isn’t keeping people from eating contaminated fish—it’s keeping fish from being contaminated in the first place,” Columbia River Inter-Tribal Fish Commission Chairman Joel Moffett said in a statement. “Armed with higher fish consumption rates and water quality standards, we hope there will be a greater motivation to remove pollutants from the Columbia River and its tributaries.”

Washington has also issued a lower Columbia advisory that warns of PCBs, DDT and Dioxin as well as other compounds. To the state’s east, an advisory has been issued for the Spokane River, which is contaminated with PCBs, lead and other harmful materials. There is also a statewide mercury advisory.

Washington and Idaho are reevaluating their fish consumption rates, which are used to calculate water quality standards that protect human health. The four Oregon tribes urged Washington and Idaho to adopt at least the same rate that Oregon uses to establish water quality standards protective of all fish consumers in the region, according to the White Salmon Enterprise.

Oregon’s 175-grams-per-day suggested consumption is a more accurate representation of how much fish most of Oregon’s residents actually eat. But even that does not go far enough, tribal leaders say. State and federal governments must act to clean the polluted sections of the Columbia River contaminating fish, Smiskin said.

“The fish advisories confirm what the Yakama Nation has known for decades,” Smiskin said. “State and federal governments can no longer ignore the inadequacy of their regulatory efforts and the failure to clean up the Columbia River.”

The Yakama Nation repeatedly identified contaminated sites along the Columbia, expressing concerns for the health and culture of the Yakama people and calling upon the state and federal agencies for cleanup actions that would protect the tribe’s resources, retained by them in the Treaty of 1855.

“The new advisories once again pass the burden of responsibility from industry and government to tribes and people in the region,” Smiskin said. “Rather then addressing the contamination, we are being told to reduce our reliance on the Columbia River’s fish. This is unacceptable.”

Toxic Waters: Consumption Advisories on Life-Giving Year-Round Fish Threaten Health

Terri Hansen ICTMN

The iconic Chinook salmon, for millennia a cornerstone of Pacific Northwest diet, spirituality, ceremony and even the tribes’ economy, is fast becoming toxic in Washington State.

And rather than focus on cleaning up the waterways that year-round salmon reside in, Washington state agencies have issued fish-consumption advisories. The less fish consumed, at the lower limits, the higher concentration of contaminants is deemed acceptable.

But salmon are not just a way of life. They are life. And, Northwest tribes say, the cavalier attitude toward their contamination not only risks health but also guts treaty rights and the very way of life of the land’s original peoples.

Studies of adult salmon indicate that Puget Sound Chinook salmon have higher concentrations of legacy contaminants, such as polychlorinated biphenyls (PCBs), than salmon from other parts of the Northwest. The state’s solution? Limit consumption to one Puget Sound Chinook fillet a week, and two Puget Sound resident Chinook (blackmouth) fillets a month.

Tribal peoples in Western Washington who eat their usual intake of fish and seafood–indeed, the traditional foods they have eaten for millennia–must do so now at risk of disease due to the toxins that lurk in their waters, not to mention in their state politics. People who eat fish more than once a month are not protected by Washington State water quality standards.

Fish, with their high levels of precious proteins and rich omega-3 fatty acids, are touted as improving health and extending life. But fish from polluted waters can expose unborn babies, infants, children and adults to mercury, lead, arsenic, PCBs and other toxins that can compromise immune function, cause cancer and adversely affect reproduction, development and endocrine functions.

Washington State’s Department of Health recommends that residents eat no more than two fish fillets a week, in concert with very strict selection, preparation and cooking criteria, to avoid toxicity. Compare that with Washington State’s Department of Ecology’s fish consumption rate (FCR) determination of an eight-ounce fish fillet a month, or 6.5 grams a day.

“Washington uses one of the lowest FCRs in the nation to regulate pollution in our waters,” said Billy Frank Jr., (Nisqually), chairman of the Northwest Indian Fisheries Commission.

The less fish consumed by residents, said Frank, the more pollutants that can be dumped into waterways. The higher the fish consumption rate, the cleaner that Washington waterways will need to be. Establishing a higher consumption rate will force polluters to reduce the amount of new contaminants they dump into the water, keeping salmon and other seafood clean.

Studies reveal that Washingtonians are among the highest fish-consuming populations in the nation. That’s not surprising given that 29 federally recognized tribal nations exist within a state bound by the Pacific Ocean, the Columbia River and the Salish Sea, with the state itself wrapped around Puget Sound and interlaced with numerous rivers.

“State government admits that the current rate does not protect most Washington citizens from toxics in our waters that can cause illness or death,” said Frank. Washington’s rate should be at least as protective as Oregon’s rate of 175 grams per day, equivalent to about 24 eight-ounce fillets per month, Frank said.

The Columbia River Inter-Tribal Fish Commission’s (CRITFC) 1994 fish consumption survey revealed that the average Columbia River tribal member consumed 58.7 grams of fish per day, and also found that they typically ate the whole fish. The survey prompted Oregon to revise its FCR in 1994, which Oregon updated in 2011 in line with U.S. Environmental Protection Agency (EPA) recommendations. But industry in Washington, led by Boeing, say that Oregon’s standard is impossible.

Frank said the effort to adopt a more accurate FCR is one of the biggest public policy battles in the country, pitting human health against the economy.

“Industry leaders such as Boeing are digging in their heels to delay or kill rule-making on a more accurate rate because they say it will increase their cost of doing business,” he said.

“Tribal leaders were very disappointed when [Washington] failed to adopt fish consumption standards in 2012,” Ann Seiter, the FCR coordinator for the NWIFC, told ICTMN in reference to InvestigateWest’s five-part series on the issue in 2012.

InvestigateWest’s insightful five-part-plus series describes how former Governor Christine Gregoire was divided between acting for the tribes, powerful supporters who wanted stricter water pollution rules, and her supporters in the aerospace industry, like Boeing, which were against tightening FCR rules, in 2011–2012. Ecology stopped work on changes to water pollution rules in June 2012 with a delay to at least 2014, after which Gregoire would no longer be governor, the team reported.

“The tale of how Boeing and its allies beat back … Ecology’s attempt to change a fish consumption rate that pretty much everyone involved acknowledges is too low provides a fascinating look at how the levers of power are pulled in Olympia,” InvestigateWest said.

The tribes are upset with the continuing delays.

“They’ve taken their concerns to the EPA regarding their Trust responsibilities, as well as their obligations under the Clean Water Act,” Seiter said.

Under the federal Clean Water Act, river water should be clean enough so that people can eat the fish. Environment and fisheries organizations sued the EPA in October 2013 for non-compliance under the Clean Water Act for allegedly failing to protect Washingtonians from toxic pollution entering Puget Sound, the Columbia River, the Spokane River and other waterways.

In a letter to Ecology last June, the new Governor Inslee announced that he would organize an informal group of advisers from local governments, Indian tribes and businesses, according to InvestigateWest. Inslee’s letter to Ecology Director Maia Bellon, released last June 7, called for the agency to help educate Inslee’s advisory group, “including real-world scenarios illustrating how new criteria would be applied and how new implementation and compliance tools would work in the permitting context,” they reported. Ecology officials had already said the “implementation and compliance tools” could include giving businesses up to 40 years to cut pollution levels to the amount that presumably would be required once accurate fish-consumption rates are in place.

Tribal leaders responded by taking their concerns directly to Inslee, Seiter said.

In December China banned shellfish from the West Coast, citing, among other factors, high levels of inorganic arsenic in geoduck clams harvested by the Puyallup Tribe in the Redondo area of Puget Sound, according to Earthfix.opb.org. The ban underscored the direct negative economic impact of pollution on tribes.

“The tribes are not only interested in protecting all the species of fish they eat, but they’re also concerned about protecting their economic interests,” said Seiter.

Washington business associations, cities and counties together hired an engineering firm to prepare a report, released on December 4, 2013, that evaluated technologies potentially capable of meeting Ecology’s effluent discharge limits for revised human health water quality criteria for arsenic, benzo(a)pyrene (BAP), mercury, and PCBs. The report coincided with the public rollout and comment period for Ecology’s proposed rule changes to the state’s water quality standards in early 2014, including human health criteria involving the FCR.

“Currently there are no known facilities that treat to the [health water quality criteria] and anticipated effluent limits that are under consideration,” the report stated. It also reported limitations in proven technologies capable of compliance with the revised health water quality criteria.

One tribal official who spoke on condition of anonymity said tribal leaders are sticking close to these issues.

“As we discussed this ongoing environmental catastrophe, we decided we wouldn’t go to jail anymore like we did in the fish wars,” the leader told ICTMN. “But we are ready to go to war [to] protect the water.”

Oil-train accidents prod regulators to look at tank-car safety

Four disasters in the past six months have demonstrated the risks of crude-oil trains, which carry 11 percent of the nation’s oil, up 40-fold in five years.

By David Shaffer and Kelly Smith (Minneapolis) Star Tribune

MINNEAPOLIS — Oil-train explosions like the one last week near Casselton, N.D., or the one in Canada late Tuesday have revived longstanding worries that older railroad tank cars aren’t sturdy enough.

Four derailments in the past six months have demonstrated the risks of crude-oil trains, which carry 11 percent of the nation’s oil, up 40-fold in five years, according to the Association of American Railroads.

“There is an increased interest … to look at tank cars and whether we can do more to remove the risk,” said Thomas Simpson, president of the Railway Supply Institute, a trade group for tank-car builders and owners.

North Dakota, lacking sufficient pipelines, sends more than two-thirds of its crude down the tracks, typically on 100-car unit trains. Many travel on BNSF Railway and Canadian Pacific tracks through Minnesota. Minnesota’s 20 ethanol plants also rely heavily on tank cars because current pipelines are unsuitable for that fuel.

Yet most of the nation’s 94,000 rail tankers carrying oil, ethanol and other flammable liquids don’t meet puncture-resistance and other standards that apply to new tank cars. Railcar and shipping-industry officials say it could take a decade and cost billions to retrofit up to 64,000 older tankers that carry flammable liquids.

Federal regulators are considering whether to require it.

“It is a challenge, but it is doable,” said Larry Mann, a Washington-based rail-safety attorney.

In 2011, railroads and shippers voluntarily established tougher standards for new tank cars, and more than 14,000 are on the rails today. That’s about 15 percent of the tankers carrying oil, ethanol and other flammable liquids. Most of the remainder are older models with a record of tank failures in accidents since 1991, according to the National Transportation Safety Board (NTSB).

The safety of railcars, among other things, is playing a role in the continuing debate about the proposal to build more oil terminals in Washington state.

Railroad groups said in November they support upgrading the old tanker fleet, but the cost would fall on shippers because they own or lease the tank cars. Oil and ethanol shippers haven’t warmed to that idea, and say railroads need to do more to prevent derailments.

“The ethanol industry takes safety very seriously, but we don’t re-engineer vehicles already on the road with new, expensive suspension systems to combat any potential damage from hitting a pothole on the interstate. No, we fix the pothole. The same should be true with rail transportation,” Bob Dinneen, chief executive of the Renewable Fuels Association, an ethanol-trade group, said via email.

The American Petroleum Institute, an oil-industry trade group, told regulators in December that the retrofits only would be costly and take years, and would add weight to trains. It urged regulators to study the costs and benefits before imposing a regulation and to order railroads to improve tracks and take other steps to reduce derailments.

BNSF Railway, whose train crashed Dec. 30 in North Dakota, declined to comment for this article. Canadian Pacific, a crude-oil hauler whose U.S. headquarters is in Minneapolis, said it is always working with federal regulators and others to promote safety, but would not comment in detail.

Bruce Crummy / The Associated Press, 2013A train carrying crude oil derailed and exploded in Casselton, N.D., on Dec. 30 and sent a great fireball and plumes of black smoke skyward. The fire continued to burn the next day. — Bruce Crummy / The Associated Press, 2013
A train carrying crude oil derailed and exploded in Casselton, N.D., on Dec. 30 and sent a great fireball and plumes of black smoke skyward. The fire continued to burn the next day.

Logistics of retrofitting

Even if federal regulators order tank-car upgrades or other measures, the new rules likely wouldn’t take effect for at least a year. “It is just a complicated issue that has taken time,” said Gordon Delcambre Jr., a spokesman for the U.S. Pipeline and Hazardous Materials Safety Administration, which is considering new regulations.

Train-car repair shops probably would need 10 years to retrofit every tank car. “There’s a finite number of facilities that can do the work,” said Simpson, of the Railway Supply Institute, which supports improving older tank cars, but questions whether all proposed modifications are feasible.

Some tank cars might be retired or shifted to carry nonflammable products. So the potential cost of upgrading the nation’s tanker fleet could range from $1.7 billion to more than $5 billion.

After the recent oil-train wrecks, more people are demanding action in the United States and Canada.

In July, 47 people died in Lac-Mégantic, Quebec, in the first disaster involving a North Dakota oil train. Four months later, in Aliceville, Ala., another oil train exploded and burned, but nobody was hurt. In 2009, a deadly ethanol-train derailment and fire in Cherry Valley, Ill., prompted the NTSB to issue specific recommendations to upgrade the nation’s tanker fleet.

Mann, who represents unions and others on rail-safety issues, said all the recent oil-train explosions involved tank cars built before 2011, a model known in the industry as the DOT-111.

In Coon Rapids, Minn., which is crossed by two rail lines, city leaders in December petitioned federal regulators to get started on the tank-car upgrades. The city’s resolution stemmed from a National League of Cities conference last year in which cities, especially Chicago suburbs, discussed railcar safety.

“The concern is the integrity of the tank cars — are they inspected and structurally sound?” said Coon Rapids City Manager Steve Gatlin.

The older DOT-111 cars have a steel shell that is too thin to resist punctures in accidents, and the ends of the car are vulnerable to ruptures. Valves used for unloading and other exposed fittings on the tops of the tankers can also break during rollovers, the NTSB said.

Tank cars built since Oct. 1, 2011, are required to comply with tougher standards, including shells with thicker steel.

U.S. Sen. Chuck Schumer, D-N.Y., has called for retrofitting the nation’s tanker fleet. In Minnesota, Rep. Tim Walz, a member of the House Transportation Committee, said he hopes the committee will examine the issue.

“It was incredibly lucky that no one was harmed in the accident in Casselton,” Walz said in an email. “It is clear there is still more we can and should do to enhance safety when shipping hazardous materials to market.”

Emergency measures

A Web-based petition last fall by the progressive group Credo Action collected 58,000 supporters of banning the “dangerous DOT-111 tanker cars in our communities.”

“They are basically bombs running through the middle of cities,” said Elijah Zarlin, of the San Francisco-based group. “Each one of these accidents … shows that this isn’t just a potential threat, it is an actual, real threat.”

Railroad towns are re-examining emergency plans. Last summer, the Minnesota hazmat teams got extra training on crude oil.

Soon after the Quebec disaster, Canadian and U.S. regulators ordered rail carriers not to leave trains unattended, a key factor in that accident. Regulators in both countries also have told North Dakota shippers to accurately classify their crude oil’s hazard level, which partly hinges on the amount of potentially explosive dissolved gas it contains.

U.S. agencies announced a “Bakken blitz” to test crude-oil shipments in August. Based on preliminary results of that effort, regulators warned shippers last week that light crude from that region may be more flammable than heavy oil. But regulators stopped short of saying that Bakken crude poses a special danger and said sample testing is still under way.

Mark Winfield, an associate professor at York University in Toronto, has called on Canadian authorities to begin a judicial inquiry into regulatory lapses before the Lac-Mégantic disaster. Among the questions to arise after the disaster is whether Bakken oil is more explosive.

“It is hard to believe that nobody on the inside, among the regulators, didn’t realize there was a potential problem here,” Winfield said.

In Perham, Minn., which is also on the BNSF line and has witnessed two minor derailments in the past 21 years, Mayor Tim Meehl questions whether regulators can limit the number of oil tankers going through towns or make rail cars safer.

“I guess we just pray it doesn’t happen in our town,” he said. “It’s a very scary situation.”

Material from the Chicago Tribune is included in this report.

Point Elliott Treaty’s 150th birthday: A cause for celebration

Criminal records of tribal fishermen could be cleared

Point Elliott Treaty’s 150^th birthday: A cause for celebration