With Interior Department Funding, Native American Tribe Could Soon Build A Billion-Dollar Wind Farm

By Katie Valentine, Think Progess

Twenty-one tribal energy and mineral projects just got a boost from the Department of Interior, including multiple projects to advance renewable energy on tribal land.

On Friday, the Interior Department announced the 21 tribal projects that would share in $3.2 million worth of federal grants. The projects include 13 proposals for renewable energy, including wind, hydropower and biomass. The recipients also include two oil and gas extraction projects and six projects focused on extracting limestone and other minerals.

“These grants are about strengthening self-determination and self-governance by enabling tribal nations to evaluate and promote their energy and mineral assets, negotiate the best agreements with partners or investors and develop these resources for the social and economic benefit of their communities,” Interior Secretary Sally Jewell said in a release

Not all of the tribes know how much money they’ll receive yet, but renewable projects accounted for the largest chunk of grant money at $1,972,350 for the 13 proposals. One of the tribes to receive grant money is the Crow Creek Sioux tribe in South Dakota, which has plans to build a billion-dollar wind farm. Crow Creek leaders hope the farm will provide free electricity to the 2,000 tribe members that live on the reservation and also generate electricity that the tribe could sell to nearby towns. If the tribe gets enough funding to build the project, leaders say it could produce enough energy to power 100,000 to 400,000 homes.

“We never hardly hear good news,” tribe Chairman Brandon Sazue told the Rapid City Journal of the tribe’s grant. “This was one of the greatest pieces of news I have heard since being chairman for Crow Creek.”

The tribe hopes to secure funding in time to start constructing the 150-160 turbine wind farm in early 2016.

Another initiative that secured Department of Interior funding is Montana’s Crow Tribe, which will receive $655,000 to build a hydroelectric facility at an existing dam on their reservation. That project would also provide power to reservation residents and would have the potential of supplying power outside of the reservation as well.

The grants are helping fund some projects that, if completed, would be one of only a few of their kind on tribal lands. There’s only one tribal-run wind farm in the U.S. so far — the Kumeyaay wind farm in California, which produces enough energy to power about 30,000 homes. The Cherokee Nation in Oklahoma is also working to build a 90-turbine wind farm, but that project hasn’t been completed yet. Government initiatives are looking to jump-start renewable energy on tribal land, however — in 2012 the Department of Energy gave away more than $6.5 million to 19 renewable energy projects on tribal lands, and in 2013 the DOE gave $7 million to nine tribes for wind, biomass and solar projects.

Eastside Native American Education Program: helping families for 30 years

Courtesy Photo. Margit Moore, a volunteer with Eastside Native American Education Program, helps a young student learn how to make a drum as part of the program’s annual event focusing on Native American culture.
Courtesy Photo. Margit Moore, a volunteer with Eastside Native American Education Program, helps a young student learn how to make a drum as part of the program’s annual event focusing on Native American culture.

 

 

By Shannon Michael, NWNews.com

 

It has been 30 years since the Eastside Native American Education Program (ENAEP) was formed in 1974 by the Lake Washington School District.

Since the initiation of the Indian Education Act of 1972, the federal government has assisted local school districts in funding educational programs for all Native American, American Indian and Alaskan Native children, according to the LWSD website.

Shortly after forming, the Bellevue and Northshore school districts joined the program that assists Native American, Alaskan Native and American Indian students and their families in grades K-12.

A student, or parent or grandparent must be an enrolled member of a Federally Recognized band or tribe in order to enroll in ENAEP.Families with students in these districts have two opportunities a year to enroll in the program. In the Northshore School District, 89 students and their families are currently enrolled, according to Linda Hoste, Title III director that helps coordinates with the program for Northshore students.

“The biggest benefit we see from students participating in the program is the connection to their native culture. It builds self-esteem, and the academic support gives them success,” Hoste said.

ENAEP offers a wide-ranging selection of activities and resources to participants at the weekly Monday evening meetings held at Lake Washington High School.

Students and families who attend the meetings are offered resources such as homework support, mentoring, referral services for social services, advocacy, test preparation classes, job shadowing opportunities, and at least one major annual event that highlights their native culture.

Overseeing ENAEP is Mary Wilber, a member of the Okanagan Nation. She is the Native American education coordinator for the Lake Washington, Bellevue, and Northshore districts. “On average, we have about 30 students and their families attend the weekly meetings,” she said.

This year’s major cultural event organized by volunteers is drum making, which has been well attended. “Students are learning six to seven traditional songs that they can sing using their drums,” she added. Fifty-seven students and their families have participated in the drum making event, she said.

While homework support is one of the most important priorities at the weekly meetings, so is the “Know the Facts” segment where volunteers teach Native American history not taught in the classroom. “We don’t duplicate, but supplicate what is taught in schools,” Wilber said.
Another component of the program is to guide older students to become mentors to the younger students. “We have former students now in college locally who still come to the meetings to tutor younger students,” Wilber said.

Next up for participants in ENAEP is an indigenous food demonstration on March 31 at 21 Acres in Woodinville. “We are excited to partner with 21 Acres,” Wilber said.

In addition to providing support to students and their families, ENAEP also provides support and training to teachers. They provide curriculum workshops on the Washington State Tribal Sovereignty Program to K-12 social studies teachers as part of a state bill passed in 2005 encouraging all schools to teach Washington State Tribal History in public schools.
Hoste added that they’ve provided cultural awareness training for teachers, as well.
Because ENAEP is federally funded, annual assessments of how the funding is being used to meet the program’s goals is required as part of the annual grant received by the government.
For more information about ENAEP, contact Mary Wilber, MWilber@lwsd.org or (425) 936-1402.

Coming together over KXL

Brian Ward provides the backdrop to the emergence of the Cowboy Indian Alliance.

Members of the Cowboy Indian Alliance join with other climate justice activists at a Nebraska protest (350.org)
Members of the Cowboy Indian Alliance join with other climate justice activists at a Nebraska protest (350.org)

 

Source: SocialistWorker.org

 

FOLLOWING IN the footsteps of the nearly 400 students arrested in front of the White House on March 2 for protesting the Keystone XL pipeline is one of the most unlikely coalitions yet to stand for ecological justice.

On April 22–Earth Day–the Cowboy Indian Alliance says it will “ride into Washington, D.C., for the next, and perhaps final, chapter in the fight against Keystone XL.” According to the alliance’s statement at the Reject and Protect website:

On that day, we will set up camp nearby the White House, lighting our fire and burning our sage, and for five days, we will bear proud witness to President Obama’s final decision on Keystone XL, reminding him of the threat this tar sands pipeline poses to our climate, land, water and tribal rights.

As Brianna Elliott writes at the Huffington Post:

This rally gives a voice to the communities that would be most impacted by Keystone XL, and their message is clear–to protect land, water and climate now and for future generations. The Keystone XL would cross several rivers and the Ogallala Aquifer, which would put wildlife, public water supplies and croplands in danger if a spill were to occur, according to the National Wildlife Federation.

– – – – – – – – – – – – – – – –

THIS TYPE of alliance is rare. Ever since the encroachment of settlers onto Native lands, many whites and Native Americans have been at odds, whether over water rights, land rights, hunting rights, etc. Settler expansion laid the foundation for the formation of the U.S. nation state to have access to resources and further expand its interest internationally.

Many of those participating in the Cowboy Indian Alliance are fighting to uphold the protections of the Fort Laramie Treaty of 1851 and 1868. The Lakota (Sioux) signed a document with the U.S. government to create the “Great Sioux Reservation,” to include all of South Dakota west of the Missouri River, including hunting grounds in Northern Nebraska, North Dakota, Wyoming and Montana. The treaty stated that “no white person or persons shall be permitted to settle upon or occupy any portion of the [territory]; or without the consent of the Indians, first had and obtained, to pass through the same.”

The federal government signed the treaty before gold was discovered in the Black Hills in 1871. The Black Hills are the most sacred piece of land to the Lakota. Mining companies disregarded the 1868 treaty and flooded into the area, under the protection of the U.S. Army’s 7th Cavalry commanded by Gen. George Armstrong Custer. The U.S. seized the Black Hills and split up the “Great Sioux Reservation” into six smaller reservations in 1877. This culminated with the Wounded Knee Massacre, in which 150 to 300 Lakota men, women and children were slaughtered by the 7th Cavalry.

Now the Keystone XL pipeline would run across this treaty land. The pipeline would not run directly through any Indian reservations, though it comes within feet of them, and it could contaminate the Ogllala Aquifer, the source of water for the whole region. Tribes such at the Rosebud Sioux Tribe (RST) have taken a formal stand against the pipeline. As the Lakota Voice reported:

The Rosebud Sioux Tribal unanimously passed RST Resolution 2014-29, stating that Tribe “objects to and refuses to sign” the amended Programmatic Agreement, a document imposed upon the Tribe by the Federal Government to attempt to meet legally required consultation requirements. Council Representative Russell Eagle Bear said, “It is our job as the Tribal Council to take action to protect the health and welfare of our people, and this resolution puts the federal government on notice.”

The RST is leading a campaign called Oyate Wahacanka Woecun (“Shield the People”), which will set up encampments along the proposed route to resist construction of the pipeline. Gary Dorr of the Nez Perce Tribe called out the Obama administration about its lack of consultation with tribes on MSNBC’s The Ed Show:

I would ask him to look at his own initiative on consultation and these tribes that are all along from Montana all the way down to Texas. We deserve that consultation, we enjoy a special relationship with the United States as a nation-to-nation government.

Despite the federal government’s renewed interested in getting approval from tribes for the pipeline, it comes late in the game. Last May, 10 Tribal Nations walked out of a meeting with the State Department over this very concern.

Winona LaDuke, an American Indian activist, environmentalist and vice presidential candidate of the Green Party in 1996 and 2000, was frank about what the KXL represented to the Lakota:

Basically, the Lakota, like many other Native people see a big infrastructure project like the KXL pipeline, which moves profits from one corporation to another, across their land, as more than a black snake of the fat taker. It is a threat, and there is no new water.

Even state courts are coming down against the pipeline. In Nebraska, a judge last month sided with three property owners who claimed that the state governor’s decision to agree to the pipeline violated the state’s constitution by taking the decision out of the hands of the public service commission that should to review the pipeline.

– – – – – – – – – – – – – – – –

THOUGH THE Cowboy Indian Alliance is a rare occurrence, it isn’t the first time Natives and non-Natives have come together to protect their water and land. One clear example is the Black Hills Alliance (BHA) that fought back against uranium mining in the late 1970s and early 1980s.

In January 1977–at the same time that the American Indian Movement (AIM) was talking about treaty rights and the Lakota’s rights to the Black Hills at the height of the red power movement–uranium was found in the Blacks Hills. What came to be known as “Custer’s Expedition Part II” began as companies came to drill for profit and to help the U.S. war machine in the midst of the Cold War.

Since the Black Hills is a watershed for much of western South Dakota, Native peoples as well as local ranchers and farmers objected to uranium drilling, because it would pollute and contaminate their drinking water.

This wasn’t only about using land for energy extraction–it was also an attack on Lakota sovereignty, since the U.S. government was willing to sell off mining leases with no contact with the Lakota, much less their consent.

At this time, tensions were high between Native Americans and whites in western South Dakota because of the AIM occupation of Wounded Knee in 1973 and the legacy of assaults on and deaths of Native peoples on the outskirts around reservations.

Bill Means, a prominent AIM member, eventually spoke directly with small groups of ranching families, with the message that if the energy corporations had their way, there would be little water left to fight over. Means said he and other Lakota argued that treaties could be a legal means to challenge the mining. In turn, he came to understand the concerns of ranchers about low cattle prices and contamination from pesticides and herbicides.

Out of these discussions, the Black Hills Alliance (BHA) was founded in 1979, organizing Lakota, ranchers, farmers and local environmental activists together, as the Cowboy Indian Alliance does today. Bruce Ellison, one of the co-founders of the BHA, remembers: “You could feel the tension in the air…ever since white people came [to the region], the corporations have used ignorance to keep the people most in common with each other at each other’s throats. We wanted to avoid that being an available tactic.”

As the organizing continued, people’s ideas started to change. Non-Natives started to see that their struggle was in line with that of the Lakota. Marvin Kammerer was a case in point. His family had been ranching in the Black Hills since the land was stolen from the Lakota. In a New York Times interview, he said:

I’ve read the Fort Laramie Treaty, and it seems pretty simple to me; their claim is justified. There’s no way the Indians are going to get all of that land back, but the state land and the federal land should be returned to them. Out of respect for those people, and for their belief that the hills are sacred ground, I don’t want to be a part of this destruction.

The BHA demanded that any exploration permit had to be voted on by residents in South Dakota, rather than the state government just handing over the leases. As a result of the BHA’s organizing through continuous protest and legal pressure, many corporations were forced to give up their exploration permits. For example, in 1979, Union Carbide’s license from the U.S. Forest Service to dig up Craven Canyon without preparing an environmental impact statement was successfully contested by the BHA.

Uranium mining is still being fought to this day by the people of South Dakota, but the experience of the BHA can guide us to what a multi-racial fight against environmental destruction can look like.

Those who support the Cowboy Indian Alliance’s march to Washington, D.C. to oppose the pipeline can learn from the tradition of the BHA. It is part of the hidden history of struggle that we need to revive in the fights of today.

A version of this article appeared previously at System Change, Not Climate Change.

Mass scallop die off a ‘red flag’ for the world’s oceans, and climate change is to blame

 

By Jacob Chamberlain. Source: Common Dreams

An increase of acidity in the Pacific Ocean is quickly killing off one of the world’s most beloved shellfish, the scallop, according to a report by the British Columbia Shellfish Grower’s Association.

“By June of 2013, we lost almost 95 per cent of our crops,” Rob Saunders, CEO of Island Scallops in B.C. told Canada’s CTV News.

The cause of this increase in acidity, scientists say, is the exponential burning of fossil fuels for energy and its subsequent pollution. Oceans naturally absorb carbon dioxide, a byproduct of fossil fuel emissions, which causes acidity to rise.

An overdose of carbon in the atmosphere subsequently causes too much acidity in the world’s oceans, Chris Harley, a marine ecologist from the University of British Columbia, told CTV News. Overly acidic water is bad for shellfish, as it impairs them from developing rigid shells. Oyster hatcheries along the West Coast are also experiencing a steep decline,CTV News reports.

“This is a bit of a red flag,” said Harley.

And this red flag has a much bigger impact than one might imagine. “Whenever we see an impact at some level of the food chain, there is a cascading effect at other levels of the food chain,” said Peter Ross, an expert in ocean pollution science.

A recent study warned that ocean acidification is accelerating at a rate unparalleled in the life of the oceans—perhaps the fastest rate in the planet’s existence—which is degrading marine ecosystems on a mass scale.

“The current rate of change is likely to be more than 10 times faster than it has been in any of the evolutionary crises in the earth’s history,” said German marine biologist Hans Poertnerupon the release of a recent study published in the journal Nature.

Ocean acidification has been referred to as the “evil twin” of climate change.

Poertner says that if humanity’s industrial carbon emissions continue with a “business as usual” attitude, levels of acidity in the world’s oceans will be catastrophic.

DOJ’s ‘Operation Choke Point’ Infringes on Tribal Trust

By Barry Brandon, American Banker

Tribal sovereignty is the most valuable of all American Indian assets. Tribal governments’ inherent rights of self-government and self-determination are the foundation of tribal communities and tribal identity.

Tribal governments have worked hard to strengthen our partnerships with the federal government through self-determined economic development and the co-creation of new institutions, including the National Indian Gaming Commission, housed within the Department of Interior.

The relationship between tribal governments and the federal government goes beyond the DOI, however, to include Congress and the White House, which has a long-running formal policy of consultation with tribal governments. These complex and interdependent relationships, enshrined in the U.S. Constitution, are summarized as the “trust relationship” or even “trust responsibility,” so named because it captures the special fiduciary responsibility by the federal government towards tribes.

Recently, however, the relationship between some tribal governments and a particular division of the federal government, located in the Department of Justice, has been severely damaged by an internal campaign known within the DOJ as “Operation Choke Point.”

This behind-the-scenes attempt to shut down legal tribal businesses has disrupted our long-held tribal-federal partnership. It represents a total departure from more than a century of respect for, and engagement with, tribal governments as partners and co-regulators on issues ranging from law enforcement to economic development to education.

At issue in the short term are the legal, licensed and regulated e-commerce lending services that many tribes have established. What is at stake, however, is the long-term viability of the trust relationship itself.

In other economic ventures such as gaming, tribal governments have found strong opposition from state governments who see us as a competitor or, worse yet, as a willful violator of state regulations. It thus disturbs tribal governments that, in the case of legal online lending, the DOJ – our supposed federal partner – continues to attack and undermine our legal businesses.

As a member of the “federal family,” the DOJ has a mandate to exercise their trust responsibility to tribal governments. They have a responsibility to do this in a way that protects tribal businesses engaging in honest business practices, as ours do.

Like gaming enterprises operated by tribal governments, our online lending businesses are legally owned, operated and regulated under tribal regulatory authority. They are created pursuant to tribal law and our authority to create them is acknowledged in the Dodd-Frank Act. As with gaming, we have created partnerships with the federal government and federal regulatory bodies to ensure that consumers across the country have access to the services they need in a way that also drives economic growth on reservations.

Thus, we support and echo the concerns of House Oversight Committee Chairman Darrell Issa, as reported in American Banker, that the Justice Department’s dragnet does appear to be an effort to stomp out all short-term lending, including legal tribal government-owned enterprises.

In light of the fact that the Dodd-Frank Act treats tribes as states in the context of financial services, tribal governments have created the Native American Financial Services Association to collectively establish a model for self-regulation, and we have sought meaningful consultation with federal regulatory bodies to strengthen and operationalize our relationship as co-regulators.

In an election year, however, the successful negotiation of a co-regulatory environment is not deemed as newsworthy as “choking off” legal tribal businesses. It is this abandonment of the federal-tribal trust relationship that has allowed “Operation Choke Point” to run amok and allowed legislators to blindly prop it up.

In the wake of this abandonment, rather than focusing on the true bad actors in the industry, “Operation Choke Point” is having the opposite effect. As the DOJ’s blanket actions continue to choke the illegal businesses, they also drown the legal ones, like ours, leaving consumers further underserved and tribal communities further isolated. At NAFSA, we will continue fighting to strengthen our tribal laws and regulations, work with our federal partners and educate state governments about our legal right to offer these businesses.

We can only hope that the DOJ, as a member of the “federal family,” will abide by their obligation to consult with us before taking unilateral actions, especially those that do not consider our special “trust” relationship and damage the fragile economic strides we are seeking on isolated reservation lands.

Judge says consumer protections apply in payday lending case

 

 

By Mark Davis, The Kansas City Star

A federal judge in Nevada has affirmed the Federal Trade Commission’s ability to enforce consumer protections against payday loan companies that affiliate with American Indian tribes.

The ruling came in a case involving Overland Park-based AMG Services Inc. and payday lending companies associated with it. The companies — sued over claims they had violated the FTC Act, Truth in Lending Act and Electronic Fund Transfer Act — argued they were exempt because of their affiliation with American Indian tribes.

“This ruling makes it crystal clear that the FTC’s consumer protection laws apply to businesses that are affiliated with tribes,” Jessica Rich, director of the agency’s Bureau of Consumer Protection, said in an announcement. “It’s a strong signal to deceptive payday lenders that their days of hiding behind a tribal affiliation are over.”

U.S. District Judge Gloria M. Navarro issued the ruling that affirmed an earlier decision by Magistrate Judge V. Cam Ferenbach, who had found in July 2013 that payday lenders fell within the FTC’s power to enforce consumer protection statues regardless of their affiliation with American Indian tribes.

In April 2012, the FTC sued AMG Services and other companies as well as Johnson County businessman and race car driver Scott Tucker.

The suit said the companies charged inflated fees without disclosing them to consumers, threatened borrowers with arrest and lawsuits during debt collection calls and required customers to authorize electronic withdrawals from their bank accounts in advance.

A partial settlement with the principal AMG defendants in July 2013 bans them from using threats of arrest and lawsuit in collections, the FTC said.

Read more here: http://www.kansascity.com/2014/03/19/4900572/judge-affirms-consumer-protections.html#storylink=cpy
Read more here: http://www.kansascity.com/2014/03/19/4900572/judge-affirms-consumer-protections.html#storylink=cpyThe ruling came in a case involving Overland Park-based AMG Services Inc. and payday lending companies associated with it. The companies — sued over claims they had violated the FTC Act, Truth in Lending Act and Electronic Fund Transfer Act — argued they were exempt because of their affiliation with American Indian tribesThe ruling came in a case involving Overland Park-based AMG Services Inc. and payday lending companies associated with it. The companies — sued over claims they had violated the FTC Act, Truth in Lending Act and Electronic Fund Transfer Act — argued they were exempt because of their affiliation with American Indian tribes.

It should be a Native American actress, not Rooney Mara, playing Tiger Lily in ‘Peter Pan’

 

21 March 2014 David Lister The Independent

There’s trouble in Neverland. Warner Brothers have cast the very fine actress Rooney Mara (she of The Girl with the Dragon Tattoo) as Tiger Lily in a new Peter Pan reboot. In this film, by the way, Peter Pan will fight, not against Captain Hook, but Blackbeard, which seems to me pretty bizarre. But leave that to one side. It is the casting of Mara that has caused consternation. Hundreds of people have taken to Twitter to complain about Hollywood’s continued “whitewashing” of characters, and failure to cast actors from ethnic minorities. One said: “Come on. You couldn’t find a Native American actress to play Tiger Lily?”

The complainers are right. This is a rare moment when there is a clear chance to cast a Native American actress, and Hollywood is riding roughshod over sensibilities.

It’s tempting to say we do things rather more sensitively over here. And certainly on the stage, much has been achieved in the long journey towards colour-blind casting. But let’s not get too self-congratulatory. Delivering the annual Bafta television lecture in London this week, Lenny Henry called for new legislation to reverse the “appalling” percentage of black and Asian people in the creative industries.

The actor and comedian said the number of black, Asian and minority ethnic (Bame) people working in the UK television industry had fallen by 30.9 per cent between 2006 and 2012. They now make up just 5.4 per cent of the broadcasting workforce. His proposal is for ring-fencing money for Bame shows. To qualify for the money, 50 per cent of production staff and of on-screen talent must be Bame.

Henry went on to make the very good point that in BBC1’s Luther, the detective played by Idris Elba “has no black friends…you never see Luther with black people, what’s going on?”

He makes a more questionable point when he mentions ITV’s Broadchurch and says that you “rarely see a black face” in high-end British dramas and comedies. Broadchurch was set in a Dorset seaside resort, so the casting was probably pretty realistic.

But the central point is correct. Strides that have been made towards colour-blind casting, or at the very least positive discrimination on stage and screen, are faltering. If the BBC can decree, with justification, that there must always be a woman on a comedy panel-show, then I see no reason why it can’t make decrees about percentages of black and ethnic minority people being employed in broadcasting, both on- and off-screen. It need not be the exact percentage that Lenny Henry suggests, but positive, visible action is needed. As for the new Tiger Lily, the solution is much more straightforward. Rooney Mara should withdraw.

Credit: Villard/Sipa
Credit: Villard/Sipa

Tribal, archaeological sites receive protection

 

New bill passes Legislature

Lynne Lynch/Columbia Basin Herald Wanapum ReservoirLowered water levels on the Wanapum Reservoir have brought about issues with public safety and preservation of archaeological sites. A bill recently signed into law protects the archaeological locations from being revealed in public records requests.
Lynne Lynch/Columbia Basin Herald
Wanapum Reservoir
Lowered water levels on the Wanapum Reservoir have brought about issues with public safety and preservation of archaeological sites. A bill recently signed into law protects the archaeological locations from being revealed in public records requests.

By Leilani Leach, Columbia Basin Herald staff writer

March 21, 2014

OLYMPIA – A bill protecting the locations of tribal burial grounds and other archaeological sites awaits the governor’s signature to become law.

The legislation, which makes information about the locations of archaeological resources unavailable to the public through public records requests, was passed unanimously by the House with 47 votes in favor and two opposed in the Senate.

In Grant County, some shores of the Columbia River in Grant County PUD’s Priest Rapids Project contain artifacts from the Wanapum and other Native American groups that lived and traveled along the river, according to Grant’s website. And lately, artifact protection and public safety have been concerns because of the lowered Wanapum Reservoir, exposing shoreline and resulting in the PUD closing the area to the public. Two human skeletons, believed to be several years old, were recently found after the water was lowered.

“This bill is about respect for our Indian tribes,” main sponsor Rep. Lillian Ortiz-Self, D-Mukilteo, said, speaking before the Senate Committee on Government Operations.

Tribes are reluctant to share sensitive information about where their ancestors might be buried or artifacts could be found. They’re worried about “people who might go digging around,” said Sen. Pam Roach, speaking in favor of the bill before the senate vote earlier this month.

“This bill is to help protect that by making the whereabouts of such objects a little more shielded,” Roach said.

The supporters of HB 2724 hope it will encourage tribes to entrust local governments with more information so they can prevent sites from being accidentally disturbed during development.

Representatives from the Confederated Tribes of the Umatilla Reservation, state Department of Ecology, Yakama Nation, Association of Washington Cities, state Department of Archeology and Historic Preservation, and state Department of Natural Resources testified in support of the bill.

Rowland Thompson, of Allied Daily Newspapers of Washington, testified with concerns because the bill was drafted too broadly, as it mentions any information and any agency, according to the House Bill Report. “Any agency” should include schools, libraries and museums, Thompson clarified.

He said it could apply to museums or schools, rather than specifically protecting the database of archaeological sites that city developers used.

The bill was amended so property owners can get information about their own property from the state Department of Archaeology and Historic Preservation (DAHP).

“Perhaps they have some cultural data on their property and they may not know about it, and this allows that to happen,” said Sen. Linda Parlette, R-Wenatchee, who proposed the change.

DAHP preservation officer Allyson Brooks said it was important for landowners to know that the department wouldn’t stop construction because of archaeological finds.

“I think it’s a bit of a myth, a scare, that things will stop, when we all work very hard to keep projects going. A lot of times tribes will come out and do the work for free with property owners,” Brooks said at the senate hearing.

Lawmakers also clarified that the bill relates to information regarding the locations of historical resources shared between tribal governments, state agencies or local governments.

Once signed by Gov. Jay Inslee, the law would go into effect in June.

Loss of Trademark Would Be Final Straw for Washington Redskins’ Name

 

By Brad Gagnon , NFC East Lead Writer

Mar 21, 2014 Bleacher Report

Those who defend the Washington Redskins‘ right to be called the Washington Redskins despite the fact the name is considered by many—including, um, dictionaries—to be disparaging, offensive and flat-out racist, do so because, as my 10-year-old nephew likes to say, it’s a free country, and Dan Snyder owns the team.

They’re right. Snyder paid $800 million for the franchise and its stadium in 1999 and thus has the right to keep the name in place, as he has said he’ll do, according to ESPN.com.

The problem is that it seems many supporters of the name falsely believe that Snyder is standing firm based solely on some sort of emotional allegiance to it, when really this is about dollars and cents.

If the name starts costing Snyder money, I can assure you that sentimentality will go out the window.

And if the the U.S. Patent and Trademark Office revokes the league’s federal trademark protection on the name “Redskins,” Snyder, his team and the entire league will lose money.

The good news for those who are pro-Redskins is that while that office has indeed been reviewing a case regarding the NFL‘s use of the Washington Redskins’ trademark, it has been doing so for about eight years.

And while a bill was recently introduced in the United States House of Representatives to amend the Trademark Act of 1946 to void any trademark registrations that disparage Native Americans, that has also stalled.

But the bad news for those who are pro-racist nickname is that every new Redskins-related product application made to the Patent and Trademark Office of late has been swatted away in Dikembe Mutombo fashion.

From The Associated Press (via ESPN.com):

“The U.S. Patent and Trademark Office has rejected another product with “Redskin” in the name, the latest sign that it might rule against the Washington Redskins in an ongoing trademark case.

The agency said Monday that “Washington Redskin Potatoes” would be considered disparaging because the product doesn’t contain redskin potatoes and therefore would be associated with the football team.

The ruling then stated that current evidence reflects that “a substantial composite of Native American Indians find the current use of ‘Redskins’ in conjunction with football disparaging.”

The agency issued a similar ruling in January, rejecting “Redskins Hog Rinds.””

As Patrick Hruby from Sports On Earth establishes, the cost of changing the name is tantamount to peanuts. We’re talking about one, maybe two Adam Archuletas (sorry for adding salt to the wound, ‘Skins fans).

ESPN and ABC News sports business correspondent Darren Rovell told Keith Olbermann last year that changing names would be a wash in terms of profits/losses, while Olbermann himself believes Snyder would actually make money doing so.

Regardless, if trademark protection is lost and everyone else on the planet gains the right to manufacture and sell products that contain the team’s name and logo without owing the league a dime, Snyder’s hand will be forced.

And that’ll be a good thing, because based on polls as well as the multitude of lawsuits launched in this regard from dozens of Native organizations, it’s safe to conclude that thousands of Americans are personally offended by the name.

Changing it won’t hurt a soul. So even if that change takes place due to reasons that have nothing to do with compassion, a change is a change.

Feds license PUD’s tidal power project

By Chris Winters Friday, March 21, 2014

Herald Writer

EVERETT — The Snohomish County Public Utility District on Thursday received federal approval for plans to place two large turbines on the sea floor off Whidbey Island.

The pilot project has been in development for years, and if the PUD’s Board of Commissioners signs off on the project, it may be a few more years before the turbines are installed.

Snohomish County PUDThis artist's rendering shows the tidal energy turbine Snohomish County Public Utility District plans to test to determine if tidal energy is a viable source of electricity.
Snohomish County PUD
This artist’s rendering shows the tidal energy turbine Snohomish County Public Utility District plans to test to determine if tidal energy is a viable source of electricity.

The project is a test to see if using tides to generate electricity is technically, commercially and environmentally viable, said Craig Caller, an assistant general manager for the PUD.

It would be the first time tidal power turbines in Puget Sound would be connected to the larger electricity grid.

So far, the PUD has raised about $13 million in federal Department of Energy grants, which is expected to cover about half the cost of the project. The rest would come from a mix of more grants and money from the utility’s Resource Reinvestment Reserve, Caller said.

The test area is 200 feet deep in Admiralty Inlet, less than half a mile off the west shore of Whidbey Island and not far from the Keystone ferry slip and Fort Casey State Park.

The utility is to operate the turbines for three to five years, during which time it will study the turbines’ actual performance versus the expected output, maintenance requirements, underwater noise and response of nearby fish and marine mammals.

Gathering that data will determine whether the utility proceeds with a commercial deployment. Right now there isn’t enough data to make even an educated guess as to tidal power’s viability.

“It’s in its infancy. It’s about where wind technology was decades ago,” said Dave Aldrich, president of the PUD’s Board of Commissioners.

In issuing the license, the Federal Energy Regulatory Commission (FERC) ruled that the PUD has addressed concerns raised by Native American tribes and an undersea cable company.

The Tulalip Indian Tribes, the Suquamish Tribe and the Point No Point Treaty Council, representing the Port Gamble and Jamestown S’Klallam tribes, opposed the project, saying the turbines posed a risk to fish and fishing nets and would force the state to close the area to fishing.

A data communications company, Pacific Crossing of Danville, Calif., also protested the project. The company operates more than 13,000 miles of undersea fiber-optic cable that pass through Admiralty Inlet to Harbour Pointe from Asia and California. It is concerned cables would be damaged by the operation of the turbines.

Caller said that FERC in its ruling said the turbines posed no risk either to undersea cables or marine wildlife, nor would they impede the tribes’ fishing rights.

Officials from the Tulalip Tribes and Pacific Crossing could not be reached for comment.

In the Orkney Islands off the coast of Scotland, another pilot project using the same model of turbines found there was no danger to wildlife.

“What they found consistently over that time is that when the turbine is rotating, that fish and mammals simply avoid it,” Caller said.

The turbines are to be made by the Irish firm OpenHydro. They are approximately 20 feet in diameter, weigh 414 tons each and sit 65 feet high on a triangular platform 100 by 85 feet.

At peak generation, the turbines could produce 600 kilowatts of electricity. But because this is a pilot project, it is unlikely the turbines would ever generate that much electricity for the grid, Caller said,

If the PUD’s board votes to move forward with the project — Aldrich said it likely will — the utility will need to obtain permits from Island County, where the power would be brought to shore, order the turbines and hire contractors.

It’s brand new territory for the utility, and installation of the turbines is years away.

“We’re pioneers if we go through with this,” Aldrich said.

 

Chris Winters: 425-374-4165 or cwinters@heraldnet.com.