Obituary: Patricia Ann “Patty” Baker

Baker_Patty_516238_20130928Patty was born December 30, 1973 to Marge Baker and Carl Rehder Jr. She entered into rest September 25, 2013. Patty graduated from Marysville-Pilchuck High School. She loved crocheting, knitting, embroidering, bowling and her little wiener dogs. She loved her nieces and nephews, and her favorite sister, Christy. Visitation will be held Sunday, September 29, 2013 at 1:00 p.m. at Schaefer-Shipman Funeral Home with an Interfaith service to follow at 6:00 p.m. at the Tulalip Tribal Gym. Funeral Services will be held Monday, September 30, 2013 at 10:00 a.m. at the Tulalip Tribal Gym with burial following at Mission Beach Cemetery. Arrangements entrusted to Schaefer-Shipman Funeral Home. – See more at: http://www.legacy.com/obituaries/heraldnet/obituary.aspx?n=patricia-ann-baker-patty&pid=167184945&fhid=2242#sthash.tnP1Dv0W.dpuf

Breaking Bad or Already Broken? Drug Crime on the Rez Is All Too Real

By Walter Lamar, Indian Country Today Media Network

What does it say about safety in Indian country when a television plot featuring meth distribution incorporates tribal land? Breaking Bad might give Indian country the new name of “Broken and Bad” after the brutal television series, featuring tribal lands, exemplified a continuing public safety crisis. Season 5, Episode 13, entitled “To’hajiilee,” aired on September 8, 2013 and marks the beginning of the end for the wildly popular AMC series. It’s also one more example of how the media persistently depicts Indian country as the place to go to commit drug crimes, murder, and general mayhem.

From the very first episode, and periodically throughout the series, the remote To’hajiilee lands have been the setting for drug manufacture, murders, and concealing evidence. To’hajiilee is a non-contiguous section of the Navajo Nation lying in parts of three New Mexico counties, about 32 miles west of Albuquerque. Despite its proximity to an urban area, To’hajiilee feels isolated and remote. A tangle of secondary roads, many both unmarked and unpaved, crisscross the reservation’s 121 square miles. With only 2000 residents, you may go miles without seeing a soul. In “Breaking Bad,” the series of crimes committed on these tribal lands (theft, murder, extortion, drug manufacture and distribution, assault and much else), set the stage for what promises to be a violent and action-packed series finale.

To’hajiilee is not so different from tribal lands across the nation. All this got me to thinking, “What if the crime depicted in Episode 13 had really happened?” The To’hajiilee reservation is in trust status, which means concurrent federal and Navajo Nation criminal jurisdiction. Federal statute and Navajo Nation codes, ordinances and statutes govern the activities of visitors and residents. But wait, it’s not that easy. Indian Country is the only place in the world where jurisdiction is dependent on race. When a crime is committed within the exterior boundaries of the reservation, law enforcement has to determine if the perpetrator is American Indian, if the American Indian perpetrator is an enrolled tribal member of a federally recognized tribe, whether a tribal or federal statute is being violated, whether the land is indeed trust land, and whether officers responding to a crime are properly certified or deputized.

With that in mind, back to how the To’hajiilee showdown might play out in reality. White supremacists show up with fully automatic weapons (non-Natives to be sure), called by drug kingpin Walter White (another non-Native) when approached by two armed DEA agents and their informant. Everyone knows that $80 million in cash is buried in plastic barrels at the site. Predictably, the shooting starts. Some folks are wounded, some killed. Let’s say one of the wounded tries to make a panic-stricken call to 911. Too bad there’s not good cell phone coverage on the rez— he is out of luck. But wait, some distance away, a Navajo family hears the SUVs rumbling by, followed by a barrage of gunfire, and one heroically drives to a spot of known cell coverage and calls 911. The 911 call gets routed to a surrounding country dispatch, who places a telephone call to Navajo Police dispatch at Crownpoint, New Mexico.

Only about 300 officers patrol the Navajo Nation, which covers a territory larger than many US states. The tribal government has been active in stepping up law enforcement activity under the Tribal Law and Order Act, but cuts in funding have prevented the tribe from hiring anywhere close to the level they need- estimated to be about 800 officers.  A couple of officers are on duty at the To’hajiilee substation when the call comes in, and one of them responds by driving to meet the family who called.  They direct him toward the area where they heard the gunshots.

The brave officer approaches the scene and finds himself seriously outgunned. When fired upon, he retreats and finds that he doesn’t have radio coverage to call for help, so he drives until he gets a signal so he can communicate he has been fired upon and that there are multiple armed subjects. At best, there are two other Navajo Nation officers on duty at To’hajiilee and back up is 118 miles away in Crownpoint. Back at the substation, they call in to the FBI and the BIA, 32 miles away in Albuquerque. They think about calling in the State Patrol (“Wait, is there a cross-deputation agreement in place? Who could we ask?”). Then they realize, “Whoa, is the incident for certain on our land? Isn’t that near the boundary with Laguna Pueblo? Do we call them, too?”

Meanwhile, the white supremacists kill everybody, grab the money and head out. After no shooting for a period of time, the Navajo officer cautiously approaches the crime scene fraught with death and destruction, over an hour after gunshots are first heard. Later, the FBI and BIA arrive on scene. They realize two DEA agents are among the dead. The FBI and DEA immediately engage in a turf battle as to primary jurisdiction. BIA is caught in the middle and the tribal police are left out. Another twist comes when US Attorney’s office decides where and how survivors are going to be prosecuted, a result of Oliphant v. Suquamish Indian Tribe, a 1978 United States Supreme Court case wherein the court found that non-Indians are not subject to tribal jurisdiction.

Sure, television is fanciful, but it’s true that criminals have found that doing business in Indian country is profitable because of the remoteness, the lack of officers on patrol, and the jurisdictional tangles created by non-Indian crime on Indian land. Tribes struggle constantly with violent crime and drug trafficking committed by non-tribal members. Meth certainly is a problem on the Navajo Nation and elsewhere in Indian Country; Native Americans are more than twice as likely to abuse this terrible drug.

The effects of meth on people and the environment are truly horrific and would require another article to describe. Methamphetamine use affects the user’s physical health, mental health and emotional stability. The production creates toxic fumes and chemicals, as well as explosive gases, and abatement can require residential demolition. Children exposed to meth either in utero or in the home can develop neurological, cognitive, developmental and behavioral problems.

The Navajo Nation actually has a zero-tolerance policy toward methamphetamine sales, and in the past, the Navajo Nation Division of Public Safety has successfully collaborated with the Drug & Gang Unit, the FBI, the BIA, the Flagstaff police and even the Phoenix police to investigate, arrest and prosecute meth distributors, resulting in entire rings being busted up.

There hasn’t been a high-profile arrest in years, but it’s not necessarily because there are fewer people manufacturing, smuggling or selling drugs on our tribal lands. Just as with tribes across the country, the Navajo Nation police, courts and corrections have been hit hard by the double whammy of planned budget cuts and an across-the-board sequester. The Navajo Nation Department of Corrections has completed two new jails, built as part of the TLOA promise, but the department faces a shortfall in completing the remaining five, or even staffing the new ones. Law enforcement is staffed at less than half of recommended levels. Criminal investigators routinely cover 600 or 700 miles a day to accomplish a single task. The 19 lawyers in the US Attorney’s office dedicated to prosecuting crime are too few to cope with the volume of cases, and end up declining to prosecute about half the time.

Everyone is frustrated by their inability to curb the violent drug crimes that are occurring in their jurisdictions. Officers at Fort Peck, another large reservation, know about drug smuggling from Canada, but often can’t respond in time when planes touch down on remote airstrips. Tribal law enforcement from New York to California know about gang or cartel members who seduce Native women, who protect them (and abet them) as they distribute drugs in the jurisdictional limbo of Indian Country.

How do cartels know that Indian country is the best place to commit crimes? To come around full circle, we can thank the media, from NPR to the New York Times, for sensationalist coverage about reservation crime. Breathless coverage of a Mexican drug trafficking organization on the Wind River Reservation, who exploited Native women to move meth, spurred copycat cases across the country. Evidence collected in one cartel bust actually yielded a Denver Post article discussing how hard it is for drug dealers to get busted in Indian country.

What can be done? The fact is that meth use is ever so slowly lessening its grip on our people, and part of the change is coming from community members. Events like Meth éí Dooda Awareness Day involve everyone in the community from small children to grandparents, and from people in recovery to representatives of the tribal government. In the case of tribal communities like To’hajiilee, outreach to citizens on the best information to give to 911 for a speedy response would also help. Community awareness is the first step in community policing, but there has to be actual policing as well, and that’s where the stumbling block remains.

To effectively police the lands under their jurisdiction, tribal police need resources, and they just don’t have them now. The Tribal Law and Order Act, if fully funded, would enable tribal police departments to patrol remote territory, to negotiate shared resources with state and county agencies, to engage in outreach to endangered youth, and to staff tribal courts and tribal prosecutors’ offices. Congress is back in session this month and we need to put pressure on them to address this problem by fully funding TLOA.

This week, To’hajiilee made the news again as catastrophic flooding hit the Navajo Nation and took out a chunk of the Interstate through the To’hajiilee lands, in the midst of evacuations in many communities, and alarm about the dam failing. The Navajo first responders worked smoothly with each other and with state police and tribal agencies to rescue, evacuate, direct traffic and keep the dam from breaching. Our Native law enforcement officers have proved that they can meet the challenge of To’hajiilee’s real-life crisis. The question remains whether Congress can meet the challenge of keeping their promise to our tribal police.

 

Read more at http://indiancountrytodaymedianetwork.com/2013/09/29/breaking-bad-or-already-broken-drug-crime-rez-all-too-real-151493

Government Shutdown Frustrates Tribal Leaders

Rob Capriccioso, ICTMN

The federal government has a trust responsibility to tribes and their citizens. It is a unique relationship, which means there will be unique – and painful – consequences as a result of the government’s current shutdown, tribal leaders say.

The shutdown, which began at 12:01 a.m. on October 1, occurred because U.S. House Republicans passed several short-term continuing resolution budgets that included provisions to delay and/or defund portions of the Affordable Care Act, widely known as Obamacare. Both the Democratic Senate and White House would not agree to those provisions, which set the stage for the first federal shutdown in 17 years.

Tribal leaders, widely tired of political games surrounding the federal budget – as well as the profound impacts of ongoing sequestration – are frustrated, to say the least.

“What is just partisan game playing in Washington, D.C. is a battle for survival in Indian country where many of us barely subsist,” said Edward Thomas, president of the Central Council of Tlingit and Haida Indian Tribes. “Many of our 28,000 tribal citizens live at the very edge of survival and depend upon our tribe’s ability, with federal funding, to provide critical human services.

“Any interruption in federal funding, especially for a self-governance tribe like ours without gaming or other substantial economic development, means we must borrow money – from an expensive line of credit we cannot afford – to meet our payroll obligations to child welfare workers, to job trainers, to housing workers, and to natural resource subsistence protection,” Thomas said.

Ron Allen, chairman of the Jamestown S’Klallam Tribe, said he was disappointed in Republican House tea party members for insisting on defunding Obamacare as part of the budget process. “’My way or the highway’ is not a way to run the federal government,” Allen said. “Tribal leaders have many frustrations with the federal government, but we try to find ways to make it work. That’s what Congress needs to be doing.”

Allen predicted that the shutdown would be “devastating” for over half of the tribes he estimates do not have gaming or other enterprises to fall back on for funding during a federal shutdown. “So many of us – the majority – of tribes are dependent on federal resources,” he said. “It’s going to be tough for the tribes.”

Dozens of tribal leaders have voiced similar concerns to officials with the Departments of the Interior, Health and Human Services, and other federal agencies that serve large amounts of American Indians, according to federal officials. The White House, heeding that concern, held a teleconference with some tribal leaders on September 30 during which administration officials blamed the House Republicans for the shutdown. Kevin Washburn, Assistant Secretary for Indian Affairs at Interior, also sent a letter to tribal leaders explaining the department’s contingency plan.

The House’s attempt to tie a suspension of Obamacare to a budget bill is unpopular with tribal leaders, as many tend to support the law, since it includes provisions to support the Indian Health Care Improvement Act. If Republicans had their way, a new way to support that Indian health-focused part of the law would be necessary unless lawmakers agreed they no longer wanted to focus on improving Indian health via that law. Republicans will not have their way, however, as Obamacare is the crown jewel of Barack Obama’s presidency to date, and Democrats have been trying to pass universal healthcare since Franklin D. Roosevelt in the 1930s.

The real impact on tribes will depend on how long the government is shuttered. It will stay closed until the House Republicans and Senate Democrats can agree on a plan to fund it.

Congress and the president will still be paid during the shutdown.

Public opinion to date is largely against the House Republican position, yet many tea party GOPers, over objections of more moderate Republicans, continue to favor a budget bill that ties Obamacare to it. They have made the case that Obamacare, which goes in effect October 1, is too costly, so they believe it is worth delaying. But Obamacare is intended to reduce health-care costs for individuals and the country, Democrats have countered. And even with the shutdown, Obamacare will still be implemented.

Ironically, the most recent continuing resolution that has passed both the House and Senate thus far – excluding the Obamacare portions – is good for Indian country in that it does not include provisions pushed by the White House Office of Management and Budget that would limit the federal government’s payment of contract support costs to tribes. “That’s encouraging,” Allen said, noting that the White House proposal to cap tribal contract support costs was originally included in the Senate continuing resolution, but faced with widespread tribal opposition, it was withdrawn by Senate leadership. “We have some key people who are supportive of keeping it out.”

RELATED: White House Trying to Cheat Tribes on Health Costs

Tribal advocates are widely hopeful that once a long-term budget is agreed on – however long that takes – funding for tribal contract support costs will be included without a cap, despite lingering White House opposition to paying its tribal bills.

Despite progress on the contract support cost front, the continuing resolution supported by the House, Senate and White House maintains funding for Indian country at a sequestered level, which means programs that support tribes continue to face dramatic cuts. A joint decision by Congress and the White House, first made in 2011 and carried out on March 1 of this year, allowed an across-the-board 9 percent cut to all non-exempt domestic federal programs (and a 13 percent cut for Defense accounts). This sequester has dramatically harmed Indian-focused funding, and tribal leaders across the nation have claimed it is a major violation of the trust responsibility relationship the federal government is supposed to have with American Indians, as called for in historic treaties, the U.S. Constitution and contemporary American policy.

“The tribes would rather their budgets be exempt from this stuff,” Allen said. “But the political ability for that to happen is next to nil. The new options that people are considering is pushing for two years or longer forward funding for Indian health programs and essential government services, like some programs for veterans.”

Tribal leaders have been pushing hard to get sequestration on Indian programs removed, Allen noted, but the White House has said that it is not going to protect any programs. When asked by tribal leaders if tribes could be exempted from sequestration given the Obama administration’s stated belief in federal-tribal trust responsibility, Charlie Galbraith, the Associate Director for Intergovernmental Affairs at the White House, said at a February gathering of the United South and Eastern Tribes, “That’s just not going to happen. We have the entire military machine, every lobbyist, every contractor, trying to exempt the military provision—the president is not going to cut this off piecemeal. We need a comprehensive solution that is going to address the real problem here.”

RELATED: A Miscalculation on the Sequester Has Already Harmed Indian Health

Beyond Obamacare, contract support costs and sequestration, the immediate impact of the shutdown will be on the federal workforce, and that impact will soon trickle to Indian country. Overall, approximately 800,000 non-essential government employees are expected to be furloughed.

At the U.S. Department of the Interior, 2,860 of 8,143 employees focused on Indian affairs will be laid off during this shutdown. At the Bureau of Indian Affairs (BIA) alone, the following programs will cease, according to the DOI.gov/shutdown website: management and protection of trust assets such as lease compliance and real estate transactions; federal oversight on environmental assessments, archeological clearances, and endangered species compliance; management of oil and gas leasing and compliance; timber harvest and other natural resource management operations; tribal government related activities; payment of financial assistance to needy individuals, and to vendors providing foster care and residential care for children and adults; and disbursement of tribal funds for tribal operations including responding to tribal government request.

The situation is less dire at Interior for Indian affairs cutbacks than it had been during previous shutdowns in the 1990s, Interior officials said, because they have since implemented a forward-funding plan in the areas of education and transportation, which will keep the employees in those areas working. There is also a comparatively larger law enforcement staff that will remain on duty through the shutdown, and power and irrigation employees will be able to continue working to deliver power and water to tribal communities because their salaries are generated from collections, not appropriated funds.

Employees at the Indian Health Service (IHS), which provides direct health service to tribal citizens, will be largely unaffected by the shutdown. Under Department of Health and Service’s shutdown plan, IHS will continue to provide direct clinical health care services as well as referrals for contracted services that cannot be provided through IHS clinics. On the negative side, “IHS would be unable to provide funding to Tribes and Urban Indian health programs, and would not perform national policy development and issuance, oversight, and other functions, except those necessary to meet the immediate needs of the patients, medical staff, and medical facilities,” according to a plan released by the agency.

Chris Stearns, a Navajo lawyer with Hobbs Straus, said the current shutdown is another hit to the relationship between the federal government and tribes. “The trust responsibility, and the right to federal services, which Indian country has already paid for with its lands, will be diminished,” he said of the current situation. He should know, having worked on Capitol Hill during the government shutdowns of the mid-1990s, which saw thousands of BIA employees laid off, and lease payments to tribes and individuals delayed.

Now, like a bad dream, it’s happening all over again.

“Perhaps it might be fair, if during a shutdown, Indian tribes got to take back our lands in lieu of payments,” Stearns said.

 

Read more at http://indiancountrytodaymedianetwork.com/2013/10/01/government-shutdown-frustrates-tribal-leaders-151517

‘Killer Whale Tales’ returns Saturday

Source: The Herald

EVERETT — Researcher and professional photographer Jeff Hogan brings back his “Killer Whale Tales” to the NW Stream Center in Snohomish County’s McCollum Park, 600 128th Street SE, Everett.

The show is at 11 a.m. Saturday.

Hogan will show surface and underwater photos and videos. After attending this show, people will be able to identify when a whale is swimming to get to another location, hunting for salmon or just playing.

Hogan will also discuss the sleeping habits of orcas: Their brains are so large that they put half their brain to sleep, but use the other half to keep on the move.

Hogan also will provide a unique view of what it is like to swim with the San Juan orcas, thanks to a research webcam that was temporarily attached to a very large male killer whale’s dorsal fin.

He also will provide news on the baby orca that was born earlier this year and bring along a whale skull for people to examine.

Cost is $5 for Adopt A Stream Foundation members, $7 non-members. Proceeds benefit the Adopt A Stream Foundation’s Streamkeeper Academy.

Call 425-316-8592 now to register. Space is limited.

With Federal Shutdown Looming, Interior Releases Contingency Plan for BIA

Levi Rickert, Native News Network

WASHINGTON – For the first time in 17 years, a federal shutdown is realistic at 12:01 am est Tuesday, October 1.

Late Saturday night, the Republican-controlled US House passed a measure that would fund the federal government at its current level for one year with the stipulation, the Affordable Care Act – most commonly known as Obamacare – would not be part of the federal budget.

This measure is unacceptable to President Barack Obama and the Democratic Party-led United States Senate.

With the US Senate not reconvening until this afternoon, it is looking more and more likely a federal government shutdown will occur at midnight tonight.

What does this mean to Indian country?

The federal shutdown will impact some services in Indian country. The breakdown is broken down into two categories as essential and non-essential services. Essential services include law enforcement and social services to protect children and adults.

“The impact of a Federal government shutdown is elusive to most folks as we, as citizens, generally take government services for granted. The impact in both the short term and long term to Tribes, however, will be devastating. In 1995, the impact was to delay federal checks, impose furlough work days for federal employees, shut down federal tourist and National Park services, and ultimately the cost of both closing down and reopening Federal services at a whopping $1.4 billion ($1.7 billion today with a one percent annual inflationary adjustment),”

commented Aaron Payment, chairman of the Sault Ste. Marie Tribe of Chippewa Indians, based in Sault Ste. Marie, Michigan, to the Native News Network Sunday morning.

“In some cases, the Sault Tribe subsidizes a large portion of the Federal government’s treaty obligations for “health, education, and social welfare”. One hundred percent of the Sault Tribe’s net gaming revenues are already pledged to pick up the Federal government’s annual shortfall. For some programs – not all – we will be able to rely on Tribal support or casino dollars for a brief period. However, for those programs not subsidized by Tribal Support funds, we will have to consider furloughs. In some cases, federal funds have already been received such that we can operate for a few days during a shut down. However, if the shutdown lasts more than a week, we may need to shut programs down. In this event, we will first try to minimize the impact on services and second on jobs,”

Chairman Payment continued.

“Obviously we are watching the possible shutdown by the federal government. We are trying to balance what we can do at home and we are reviewing what possible services would be impacted by the shutdown,”

commented Erny Zah, director of communications from Navajo Nation President Shelly’s office on Sunday evening.

“Our Council just passed our budget, so we are attempting to see how a shutdown will coincide with our new budget. Our goal is to keep all government services unhindered and uninterrupted as possible.”

The Bureau of Indian Affairs, BIA, is part of the federal government under the US Department of the Interior. Late Friday, the Interior Department released the following contingency plan fact sheet:

Bureau of Indian Affairs
Contingency Plan Fact Sheet

With a potential shutdown on October 1, 2013, the Bureau of Indian Affairs (BIA) will be required to administratively furlough all employees unless they are covered in an Excepted or Exempted positions. The BIA will also discontinue most of its services to tribes which will impact most programs and activities.

 

Services and programs that will remain operational.

  • Law enforcement and operation of detention centers.
  • Social Services to protect children and adults.
  • Irrigation and Power – delivery of water and power.
  • Firefighting and response to emergency situations.

Services and programs that would be ceased.

  • Management and protection of trust assets such as lease compliance and real estate transactions.
  • Federal oversight on environmental assessments, archeological clearances, and endangered species compliance.
  • Management of oil and gas leasing and compliance.
  • Timber Harvest and other Natural Resource Management operations.
  • Tribal government related activities.
  • Payment of financial assistance to needy individuals, and to vendors providing foster care and residential care for children and adults.
  • Disbursement of tribal funds for tribal operations including responding to tribal government requests.

Being Frank: One small stream could mean better water quality statewide

By Billy Frank, Jr., Chairman, Northwest Indian Fisheries Commission

OLYMPIA – A little creek in eastern Washington was at the center of an important water quality ruling recently by the Washington State Supreme Court, reaffirming the state’s right to regulate nonpoint sources of pollution in streams. Nonpoint pollution takes many forms, such as higher water temperatures, sediment, stormwater runoff, fecal coliform bacteria from failing septic systems and agricultural practices.

For 10 years the state Department of Ecology (DOE) tried to work with rancher Joseph Lemire to keep his 29 head of cattle out of Pataha Creek, a small stream that runs through his property near Dayton. Lemire’s cattle had unrestricted access to the creek, leading to manure in the stream, eroded streambanks and increased sediment in the creek.

When DOE finally ordered Lemire to stop polluting by fencing cows out of the creek, the rancher appealed, claiming that a fence would restrict use of his land and therefore was an unlawful “taking” of his property. The state Supreme Court disagreed in an 8-1 ruling.

The fact that it took nearly a decade to get one rancher to do the right thing is made even more disturbing because Pataha Creek was selected as a model watershed in 1993 by the Bonneville Power Administration. BPA and other agencies have spent hundreds of thousands of dollars working with ranchers and farmers to provide everything from streamside fencing to tree and shrub planting to help improve the creek.

Twenty years of voluntary efforts haven’t turned the tide of nonpoint pollution in many Washington watersheds. As the Lemire example shows, sometimes it takes more than money and voluntary efforts to protect our resources. And sometimes, all it takes to jeopardize our work is one landowner who’s not willing to do the right thing.

Thankfully, the state has the authority to control these sources of pollution, and was willing to take the case to the state Supreme Court to defend it. That’s encouraging, because the ruling wasn’t anything new. It’s just a matter of the state having the will to use its authority to regulate nonpoint source pollution. We shouldn’t have to look to the courts for leadership.

Let’s hope the court’s ruling will translate into better water quality protection on this side of the mountains, too. Our treaty rights depend on it.

Our treaties guaranteed us the continued right to fish and gather shellfish, which depends on good water quality to ensure healthy salmon habitat and shellfish that are safe to eat. Nonpoint sources of water pollution constantly threaten our natural resources. When a shellfish harvest area is closed because of pollution, or salmon runs are reduced because of poor water quality, our treaty rights are denied altogether.

We all live downstream – every one of us. We need to keep that in mind and work together to restore and protect water quality in this state.

House Bill Puts American Indian Sacred Sites at Risk

Proposed Resolution Copper Mine Impact area
Proposed Resolution Copper Mine Impact area

Source: Native News Network

WASHINGTON – The California Tribal Business Alliance (CTBA) is voicing its opposition to the Southeast Arizona Land Exchange and Conservation Act of 2013, HR 687.

This House bill would authorize a land swap in Arizona between the federal government and the Resolution Copper mining company in order to facilitate the extraction of mineral resources from government lands.

California Tribal Business Alliance recognizes that there are a number of significant fiscal and public policy implications surrounding the legislation. The legislation and ultimate land swap will result in economic stimulus and the extraction and use of valuable ore. However, it does so at a cost. The legislation will also result in the loss of irreplaceable sites sacred to Native Americans.

It will remove protections for the environment.

Moreover, it does so without engaging the respective tribes in any meaningful government to government consultation in regard to their sacred cultural resources or surrounding environment.

This is in direct conflict with existing policies and laws, such as, the Memorandum of Understanding executed in December 2012 among various departments to coordinate and collaborate with tribal governments for the protection of Indian sacred sites. It also conflicts with the President’s Executive Order of June 2013 which establishes a national policy to ensure that the Federal Government engages in meaningful consultation with tribes on any policies affecting tribal nations. Moreover, the legislation establishes timeframes to complete the analysis of any historic or sacred sites in the exchange area that are inconsistent with the requirements of the Native American Graves Protection Act and the National Historic Preservation Act.

We are at a time in history when the Federal Government is moving in a direction to establish and strengthen policies for meaningful government to government consultation with tribal governments and to protect tribal sacred sites and resources. HR 687 would retard the current policy direction and place native peoples’ heritage and sacred resources at risk, and it does so without affording the tribes the benefit of any meaningful consultation. For these reasons, the California Tribal Business Alliance is opposed to HR 687.

The House finished their business for the day without having the final vote on the bill. They also only voted on two out of the three amendments offered, both of which failed. An amendment offered by Representative Ben Lujan, D-New Mexico, that will be considered on the floor that gives

“the Secretary unilateral authority to remove Native American sacred and cultural sites from the conveyance in consultation with affected Indian Tribes.”

A recorded vote was requested on the Lujan sacred sites amendment, but further action was postponed. We expect votes on both the amendment and the final bill to take place early next week.

The California Tribal Business Alliance urge you to join them by contacting your local member of Congress to articulate concerns about HR 687.

Book Review: Washington Football Team Remains Clueless When it Comes to Its Name

Showdown: JFK and the Integration of the Washington Redskins

By Thomas G. Smith
Beacon Press | 277 pp | $20.48
ISBN 9780807000748

Levi Rickert, Native News Network

Reading “Showdown: JFK and the Integration of the Washington Redskins” allows the American Indian reader a fast clue as to why the ownership of the football team, located in the nation’s capital city, has remained clueless as to why the vast majority of American Indians oppose its name.

Showdown: JFK and the Integration of the Washington Redskins

Washington “Paleskins”

 

I know there have been surveys done that proclaim the opposite. And, I know the media have a way of finding someone’s uncle Indian Joe, who is eager to get on television to declare he thinks it is an honor when non-Indians use Indians as mascots.

I honestly don’t believe the surveys and feel sorry for uncle Indian Joe from the Does-Not-Get-It Tribe. I know a survey can be commissioned to deliver desired results for the entity commissioning the survey. The tobacco companies did it all the time when they were attempting to prove second-hand smoke does not injure the non-smoker.

I know the vast majority of American Indians I know find the term “redskins” akin to the “N” word. Even the Merriam-Webster defines the word as offensive.

I must disclose the book is not about the name of the team per se. The author devotes less than a full page to the fact American Indians took the use of the name to court in the early 1990s.

“Showdown” discusses how the National Football League was behind Major League Baseball in integration of African Americans into its ranks. The book is about how the Washington football team was the last team to have an African American on its roster.

The book’s central figure is the Washington football team’s owner, George Preston Marshall, who was a brazen racist.

“Blinded by racism,” author Thomas G. Smith writes,

“Marshall refused to tap into the pool of African-American talent,” despite the franchise’s shortcomings on the field. ”

Smith suggests that to keep in good favor with his mainly white, Southern fan base and not hurt his profit margin, Marshall refused to draft black players from 1946 through 1961, making his team the only team in the professional league to have an all white team. During this time, the team had a dismal record of 69 wins, 116 losses and 8 ties and went through eight coaches.

However, Marshall’s racist hiring policy would be challenged by President John F. Kennedy’s Secretary of the Interior, Stewart Udall.

In 1961, the same year the Kennedy administration came into power, Marshall purchased a 30 year lease for a newly built 54,000 seat stadium, writes Smith. The landlord was the federal government. When President Kennedy issued an executive order creating the President’s Committee on Equal Employment Opportunity, Secretary Udall, after consulting Interior Department attorneys and decided to move against the Washington “Paleskins”, as he referred to the NFL franchise.

Citing a no-discrimination provision in the stadium lease, Udall gave Marshall an ultimatum, integrate the team or lose the stadium.

“Showdown” does a good job of describing how the team relented and became integrated. However, Marshall – even after his death in 1969 – stipulated in his will that the Redskins Foundation with funds from his estate was not to direct a single dollar toward “any purpose which supports or employs the principle of racial integration in any form.”

Unfortunately, the team, through a couple of different owners since Marshall, remains clueless as to the use of the word it uses for its name – much to the gross disrespect of American Indians across the nation.

Photo of the Week: Federal Marshals Showing Up on Tribal Land Shows How Vulnerable Tribal Sovereignty Is

US Marshal vehicles out in front of the Jack Brown House on Monday evening.
US Marshal vehicles out in front of the Jack Brown House on Monday evening.

Source: Native News Network

TAHLEQUAH, OKLAHOMA – In the age of social media, it is sometimes difficult to separate fact from fiction. So much misinformation gets sent out in social media.

So, Monday evening when news began to emerge that federal marshals were on their way to pick up Veronica Brown from her biological father’s care, we at the Native News Network decided to send a photographer to Tahlequah to capture photos of the events.

There were several rumors out there. One was the tribal lands were “locked-down” by Cherokee Nation marshals and no visitors would be allowed on to tribal land. Yet, there went out a call to get as many American Indians up to the filed outside the Jack Brown House, where Dustin Brown and his family, including Veronica, were staying.

By the time our photographer arrived outside the Jack Brown House, there were some US marshal vehicles were already there. Additionally, there were vehicles that belonged to the Cherokee Nation.

By the time the transfer took place some 15 law enforcement vehicles were there.

Our photographer, Linda Sacks, sent some photos from outside the Jack Brown House from her cell phone.

Soon the photo that became our Photo of the Week was posted on our facebook page. Reaction from our readers was swift. One reader posted on our Facebook this comment:

“18 UNITED STATE CODE § 1151 “INDIAN COUNTRY!” and note: there has been NO Federal Court order.”

During the next intervening minutes word came Veronica was taken from her biological father and his family.

The Photo of the Week is a reminder that tribal sovereignty is very vulnerable at best. It would take Indian law scholars to explain how it is federal marshals can come onto tribal land and take an Indian child.

Gathering of Nations Named One of the Top Events in North America

Source: Indian Country Today Media Network

The Gathering of Nations powwow, the world’s largest gathering of Native American and indigenous people, has been designated as one of the Top 100 Events in North America for 2014 by the American Bus Association.

“Each year, more than 100,000 people from throughout the United States, Canada, and around the world attend the powwow and we want to make sure that it is a positive experience for everyone,” Derek Mathews, founder of the Gathering of Nations, said in a press release. He also said that it was an honor to be recognized as one of the Top 100.

The 31st annual event is to be held in Albuquerque, New Mexico from April 24-26, 2014. The powwow was selected from hundreds of nominated festivals, parades, theaters and shows. The judging committee considered the event’s broad appeal, its accessibility to motor coaches and skill at handling large groups, and a variety of relevant criteria to make their final decisions.

Macy’s Thanksgiving Day Parade, the Kentucky Derby and Mardi Gras made up the list of top 100. The Star-Spangled Spectacular in Baltimore, was listed as the No.1 event in America; and the Québec City International Festival of Military Bands was the No. 1 event in Quebec, Canada.

Peter J. Pantuso, ABA’s president and CEO, said in a news release that this honor gives the powwow an important boost in visibility. “The Gathering of Nations has been recognized as a potential magnet for tourism dollars, at a time when reenergizing domestic tourism is so important to our spirit and our economy.

 

Read more at http://indiancountrytodaymedianetwork.com/2013/09/27/gathering-nations-named-one-top-events-north-america-151477