Tulalip News

Rain gardens at Tulalip admin building are decreasing pollution runoff

Admin building rain gardens, expect to see hundreds of blooms next spring.Photo by Monica Brown — Admin building rain gardens, expect to see hundreds of blooms next spring.
Photo by Monica Brown

By Monica Brown, Tulalip News writer

TULALIP, Wash. – The rain gardens at the Tulalip administration building have had a year to flourish, and flourish they have. When you drive through the parking lot you see trees in the garden strips along with some shrubs, but towards the back you can see a spray of green areas that are roped off. Some people are not aware that these roped off garden areas are not weeds, but are native vegetation and they were chosen specifically for their ability to remove pollutants.

“It’s a menagerie, but that’s how it was designed, to be low growing and provide a green landscape that would help filter out the pollutants,” said Derek Marks of Tulalip Natural Resources.

Last year, the Natural Resources department was able to take a few garden areas within the admin building parking lot and turn them into rain gardens. Shortly after it was completed it had been sprayed with herbicides, a major no-no when it comes to rain gardens. “You don’t build a rain garden to manage it with herbicides,” said Derek. “The rain garden themselves filter the pollutants; we’re not supposed to add pollutants to them.”

The gardens contain mainly different species of sedge, rush, woodrush and grass along with western buttercup, great camas and chocolate Lily. This last spring there weren’t many blooming camas or chocolate lily because the time between when they were planted and when they bloom in spring was too short for them to become established.

Chocolate lilyPhoto By Derek Marks — Chocolate lily
Photo By Derek Marks

“We’re expecting a lot more to bloom next spring. You’ll probably see several hundred camas plants out here blooming,” commented Derek, about the shortage of blooms this last spring.

Derek explains that, “the rain gardens are filter strips.” And, “the plants and microbes work hand in hand to break down the pollutants.” They remove toxins, oils and heavy metals that are in water runoff from the parking lot. Without the rain garden the pollutants in the water runoff would make their way out and contaminate the Puget Sound. The possibility of turning other garden strips within the parking area into more rain gardens has come up, but nothing has been decided on as of yet.

This pilot rain garden project was developed by Tulalip’s Natural Resources’, Valerie Streeter and Derek Marks. They caution that although some of these plants are known for being harvestable, these particular plants, and any that may reside in other rain gardens, are not harvestable because they are full of toxins.

Camas bloom Photo by Derek Marks — Camas bloom
Photo by Derek Marks

For those that would like to start their own rain garden, Washington State University and Stewardship Partners have begun a campaign to install 12,000 rain gardens in the Puget Sound area by the year 2016. The website for the campaign has videos to explain the whole process of putting in a rain garden and lists the many resources available to someone interested in installing one. Please visit 12000raingardens.org for more information about rain garden installation.

Scorched Earth Policy: Indian Country Among Climate Hot Spots

Wildlife Conservation SocietyThe map illustrates the global distribution of the climate stability/ecoregional intactness relationship. Ecoregions with both high climate stability and vegetation intactness are dark grey. Ecoregions with high climate stability but low levels of vegetation intactness are dark orange. Ecoregions with low climate stability but high vegetation intactness are dark green. Ecoregions that have both low climate stability and low levels of vegetation intactness are pale cream. — Wildlife Conservation Society
The map illustrates the global distribution of the climate stability/ecoregional intactness relationship. Ecoregions with both high climate stability and vegetation intactness are dark grey. Ecoregions with high climate stability but low levels of vegetation intactness are dark orange. Ecoregions with low climate stability but high vegetation intactness are dark green. Ecoregions that have both low climate stability and low levels of vegetation intactness are pale cream.

Source: Indian Country Today Media Network

Southern and southeastern Asia, western and central Europe, eastern South America and southern Australia are among the regions most vulnerable to climate change on Earth, a new map compiled by the Wildlife Conservation Society shows. But Turtle Island and much of Indian country are not far behind.

This map, unlike previous assessments, factors in the condition of the areas surveyed rather than simply looking at climate change’s effects on landscapes and seascapes. The human activity that has shaped many of these regions already must be factored in, the map’s creators said in a statement, because that helps determine how susceptible the areas will be to the influences of the world’s changing climate.

“We need to realize that climate change is going to impact ecosystems both directly and indirectly in a variety of ways and we can’t keep on assuming that all adaptation actions are suitable everywhere,” said James Watson, who led the study as director of the Wildlife Conservation Society’s Climate Change Program, in a statement from the WCS on September 17.

“A vulnerability map produced in the study examines the relationship of two metrics: how intact an ecosystem is, and how stable the ecosystem is going to be under predictions of future climate change,” the society said in its statement. “The analysis creates a rating system with four general categories for the world’s terrestrial regions, with management recommendations determined by the combination of factors.”

The dark green areas of the map, which are much of northern Canada, delineate areas of low climate stability but a high rate of intact vegetation, the society said. Wildlife Conservation Society scientists were joined in the map’s creation by researchers at the University of Queensland in Australia and Stanford University in California. The research was published in the journal Nature Climate Change.

One of the goals of compiling the map was to determine the best places to invest conservation resources, the society said. The areas with the most stable climate have the best chance of preserving species if efforts are amped up there, the society said.

“The fact is there is only limited funds out there and we need to start to be clever in our investments in adaptation strategies around the world,” Watson said. “The analysis and map in this study is a means of bringing clarity to complicated decisions on where limited resources will do the most good.”

Seminole Tribe of Florida Expands Juice Business

Source: Native News Network

WINTER HAVEN, FLORIDA – The Seminole Tribe of Florida, Inc., through its growing citrus production business, Seminole Pride, has acquired a majority interest in Noble Food Service, the sales and marketing division of Noble Juice of Winter Haven, Florida.

“Our combined entity offers everything from premium orange juice, which is the standard bearer of citrus juices, to a full array of specialty citrus juices, the fastest-growing segment of the business.”

Said Tony Sanchez, president of the Seminole Tribe of Florida, Inc, the Tribe’s business development arm.

“By joining forces in a sales and marketing operation, Seminole Pride and Noble Juice will create one of the industry’s most extensive line of citrus juices and expand their distribution to more restaurants, schools, hotels, hospitals and catering operators throughout the United States,”

Sanchez said.

Seminole Pride products will now be sold through a broad national network of juice retailers, while Noble Juice will benefit from the minority supplier status of Seminole Pride. The two entities will share profits from future growth.

Citrus juices sold through Noble Food Service include:

Orange
Red grapefruit
Blood orange
Pummelo Paradise
Tangerine
Tangerine guava mango
Tangerine clementine
Organic orange
Organic orange tangerine
Organic grapefruit
Lemon
Lime

Noble Food Service also markets organic apple juice, lemonade, organic lemonade and bottled spring water.

“The Seminole Tribe of Florida and the Roe family share a strong commitment to the sustainability of Florida’s bounty,”

said Quentin Roe, chief executive officer of the Noble companies, including Noble Food Service.

“In addition to responsible growing practices, we both feature eco-friendly containers, including the juice industry’s only 100 percent plant-based bottle and label.”

The Seminole Tribe of Florida, Inc., the business development arm of the Seminole Tribe, is working to diversify its product offerings under the Seminole Pride brand, which currently supplies spring water and beef, in addition to juice. Seminole Pride uses only those oranges that are picked at the peak of maturity to ensure a sweet and delicious juice.

Fruit for Seminole Pride is grown on the Brighton Seminole Reservation and at approved groves throughout Florida. The Seminole Pride business is one example of the Seminole Tribe’s mission to better the lives and livelihoods of all the American Indian peoples.

Book: Bone Medicine: A Native American Shaman’s Guide to Physical Wholeness

Source: Amazon

A Native American Shaman’s Guide to Physical Wholeness

Author: Wolf Moondance

Illustrator: Jim Sharpe

Book Description:
Through a combination of traditional healing rituals and cutting-edge psychology, Native American shaman Wolf Moondance reveals the secrets of uniting the physical and spiritual selves–and changing your life. “The author is very adept at melding sound psychological techniques with ancient wisdom, thus providing unique insights in a readable form. A truly different way of examining consciousness and spirit–providing an impetus to change.”–Fate.

Oglala Sioux Tribe Endorses Teach For America

Tribal Council Passes Resolution in Support of Organization’s Efforts to Expand Educational Opportunity for Native Students in South Dakota

Source: Teach For America

PINE RIDGE, S.D., September 3, 2013—The Oglala Sioux Tribal Council passed a resolution announcing its formal support of Teach For America-South Dakota corps members and alumni in their efforts to advance Native student achievement in the state.

Teach For America recruits, trains, and develops recent graduates and professionals to teach in urban and rural public schools, including some that are tribally operated under grant or contract with the Bureau of Indian Education (BIE) and some that are BIE-operated. During the 2012-13 school year, 510 Teach For America corps members taught in Nativecommunities in South Dakota, Hawaii, New Mexico and Oklahoma.

The Oglala Sioux Tribal Council resolution states in part:

Oglala Sioux Tribal Council supports Teach For America corps members and alumni in their efforts to build a truly effective movement through building local partnerships with students, families, local educators and with other organizations to eliminate educational inequity thus bridging the opportunity gap.

The resolution cites rigorous research studies that demonstrate Teach For America corps members have a positive impact on student achievement. Additionally, it recognizes the organization’s effort to strengthen its culturally responsive teaching training to better fit the needs of Native students.

The resolution also encourages other tribal governments and school districts serving American Indian students to strengthen their partnership with Teach For America.

“We are proud to support Teach For America as an ally in the critical effort to help Native students realize their full potential through excellent educational opportunities,” said council representative Kevin Yellow Bird-Steel. “The students in Pine Ridge classrooms right now will be the future tribal, state, and national leaders.”

Teach For America−South Dakota has been partnering with schools on the Pine Ridge and Rosebud reservations since 2004. This year, more than 40 new Teach For America teachers will be teaching in reservation schools on Pine Ridge, Rosebud and for the first time Standing Rock and Lower Brule.

“We want the work of our corps members to be directly aligned with the visions and goals of the tribes, communities and families with whom we partner,” said Jim Curran, Teach For America− South Dakota executive director. “It means a lot to have formal support from the Oglala Nation.”

In 2010, Teach For America launched its Native Alliance Initiative to provide an additional source of effective teachers in Native communities and advance student achievement in Native schools.

“Education in Native schools is about the community. Teach For America is incredibly grateful for this support from the Oglala Sioux Tribal Government,” said Robert Cook, managing director of the Native Alliance Initiative and enrolled member of the Oglala Sioux Tribe. “This partnership will allow our corps members and alumni to have a more meaningful impact with students. It is a symbol of the alliance needed to help all students reach their full potential.”

About Oglala Sioux Tribe

The Pine Ridge Indian Reservation is an Oglala Sioux Native American reservation located in South Dakota. Originally included within the territory of the Great Sioux Reservation, Pine Ridge was established in 1889 in the southwest corner of South Dakota on the Nebraska border. Today it consists of 3,468.86 sq mi (8,984.306 km2) of land area and is the eighth-largest reservation in the United States, larger than Delaware and Rhode Island combined.

About Teach For America

Teach For America works in partnership with communities to expand educational opportunity for children facing the challenges of poverty. Founded in 1990, Teach For America recruits and develops a diverse corps of outstanding individuals of all academic disciplines to commit two years to teach in high-need schools and become lifelong leaders in the movement to end educational inequity. This fall, 11,000 corps members will teach in 48 urban and rural regions across the country, while 32,000 alumni will work across sectors to ensure that all children have access to an excellent education. For more information, visit www.teachforamerica.org and follow us on Facebook and Twitter.

Tulalip is ready for VAWA

During a visit from White House officials, Valerie Jarrett, Senior Advisor to President Obama, and Chair of the White House Council on Women and Girls, commended Tulalip for all of it’s efforts, both in criminal justice in general and specifically for playing such an impactful role bringing awareness to the plight of Native American women left out by original VAWA.
Photo/Brandi N. Montreuil

By Niki Cleary, Tulalip News

TULALIP, Wash., — “It’s not enough to cry peace, we have to act peace and we have to live peace,” Tulalip Tribal Court’s Chief Judge Theresa Pouley opened a September visit from White House officials with her teachings as a citizen of the Colville Confederated Tribes and as a tribal court judge.

She went on to explain that although talking and planning are necessary to ensure justice, walking the talk is crucial.

“Law and justice is made up of every arm of the tribe,” said Pouley. “Everyone meets once a month and we all pitch in to see what we can do to make the justice system better. A separation of powers doesn’t mean a separation of problems and certainly doesn’t mean a separation of solutions. One of the great things that Tulalip does is collaborate, out of the box, to provide services. That’s the core of the way justice gets done in Indian Country.”

That collaboration, she clarified, along with a history of providing due process beyond the requirements of the law, are just two of the reasons that Tulalip is ready to take over jurisdiction of all cases involving domestic violence. Until now, tribes have had no jurisdiction over domestic violence when one of the parties involved is not a tribal citizen.

“This is a historic moment,” said Pouley. “I want to marvel in the fact that for the first time, tribal courts are given authority over non-tribal [citizens]. We recognize that tribes are in the best position to do it [enforce the Violence Against Women Act], and we can do it better. We’re waiting to be a pilot. We’re ready to go and we can change the face of this community!”

The Violence Against Women Act (VAWA) was originally passed 19 years ago. The re-authorization of the act was delayed by a fight to include provisions protecting Native American women.

President Obama encapsulated the necessity for those provisions during a speech he made while signing the re-authorization.

“Indian Country has some of the highest rates of domestic abuse in America. And one of the reasons is that when Native American women are abused on tribal lands by an attacker who is not Native American, the attacker is immune from prosecution by tribal courts. Well, as soon as I sign this bill that ends.”

Tulalip’s Interim Chief of Police Carlos Echevarria reiterated the importance of tribes having jurisdiction over all domestic violence cases.

“We see up to 75,000 visitors daily,” he pointed out. “We have 13,000 non-member residents, a lot of traffic and a lot of guests. I can’t tell you how frustrating it’s been arresting non-Indians for domestic crimes against members and knowing that nothing was likely to be done.”

Tulalip Vice-Chairwoman Deborah Parker, who has become known nationally as the face of Native women affected by VAWA, put it in even plainer words.

“We shouldn’t have to walk in fear that we’re going to be raped or abused at any age, from infants to our elders. We get these calls daily. Pretty soon, with your help, this will change.”

Although pleased with this expansion of tribal jurisdiction, Echevarria said it can’t be the last step in recognizing tribes rights to police their lands.

“This is a significant achievement to all tribes and another step in creating a safer community,” he said. “We’ll now move on to the next step, full criminal jurisdiction and a reversal of the Oliphant decision.”

Although no decisions or formal announcements came from the day-long tour, Valerie Jarrett, Senior Advisor to President Obama, and Chair of the White House Council on Women and Girls commended Tulalip for all of it’s efforts, both in criminal justice in general and specifically for playing such an impactful role bringing awareness to the plight of Native American women left out by original VAWA. She made a point of thanking Vice-Chairwoman Parker for being willing to relive her painful past, ‘not just one time, but over and over and over again,’ in order to ensure that Native women are protected in the future.

“It’s an exciting time to be here,” said Jarrett. “As we heard from Chief Justice Pouley, you are ready. Now it’s up to our team to step up to the plate.”

Sacred Arizona Site Under Siege Pending House Vote

Source: Indian Country Today Media Network

On Thursday, the House will vote on a bill that would direct the Secretary of Agriculture to convey more than 2,400 acres of U.S. Forest Service land in southeast Arizona to the Resolution Cooper Mining Co. Enactment of the bill would allow Resolution Cooper, dually owed by Rio Tinto Mining and BHP Billiton, to operate a large-scale cooper mine on Oak Flat disrupting sacred tribal grounds.

If passed, this bill referred to as the Southeast Arizona Land Exchange Act, could potentially destroy sacred tribal places of worship by allowing the foreign mining giants to extract one cubic mile of ore from beneath the surface of the earth. The mining companies would extract the ore through an ecologically destructive process called block cave mining.

In 2011, ICTMN reported that Resolution Copper would use controversial block-cave method, in which explosives are set off below the ore body, creating a space underneath and allowing the ore to collapse from its own weight, after which it’s extracted. Opponents fear the method could damage Native American sacred lands, among them the historical Apache Leap, where tribal warriors leaped to their deaths rather than surrender to Arizona soldiers, according to historical accounts like this one.

In a press release, Rep. Gwen Moore (D-WI) urged colleagues to vote “no” on the bill and said that Oak Flat has been a place where Native Americans have prayed, gathered medical herbs and plants, healed in holy perennial springs, and performed religious ceremonies for decades.

“The protection of places of worship is a fight for which we should all be united,” Moore wrote in a press release to her colleagues. “We must stand together to protect places of worship, including tribal sacred sites because these sites are part of the rich heritage and culture of our country and the essence of our moral identies.” She said the bills passage would jeopardize the cultural history of other sacred sites by setting a precedent with regard to federal protection of tribal sites.

The bill was introduced by Rep. Paul Gosar (R-AZ) in February. Last month, Gosar invited the public to a town hall meeting to gage support of his efforts to bring thousands of jobs to Arizona’s Copper Corridor. He said this goal could be achieved if 678 is passed. “Getting this critical jobs bill across the finish line requires Arizonans to rise up and let their voices be heard. Nearly 4,000 jobs and billions of dollars in economic activity are at stake.”

The withdrawal of Resolution Cooper’s controversial block cave mining process is supported by the San Carlos Apache Tribes, local tribes, and some environmentalists.

Arizona Rep. Raúl M. Grijalva (D-AZ)

The project has also been opposed by Arizona Rep. Raúl M. Grijalva (D-AZ) whowrote about his oppositionto the bill saying that he was not opposed to mining, in principle, but said that they should not come at the expense of Native American rights.

ICTMN also reported that the bill would give around 2,400 acres of public land in southeastern Arizona to Resolution Cooper Co. in exchange for around 5,000 acres in several parcels around the state. As it stands, the bill has largely remained the same.

The federal government has acknowledged its obligation to protect sacred tribal grounds, but if the land swap bill passes, Moore said, Oak Bluff would be transferred to Resolution Copper for private ownership, and out of the domain of regulation by federal law.

“People who think money is first over water and land, such as some people in Washington, are destroying the earth and that’s where our argument is,” San Carlos Apache Tribe Chairman Wendsler Nosie, told ICTMN in 2010. “That’s wrong. You cannot do that, and that’s why I’m standing up for this.”

Six Steps to a Beautiful Landscape Next Season

Shredding fall leaves with a mower and spreading a layer over the soil in the garden will conserve moisture and insulate the roots of perennial plants.Photo/Melinda Myers, LLC — Shredding fall leaves with a mower and spreading a layer over the soil in the garden will conserve moisture and insulate the roots of perennial plants.
Photo/Melinda Myers, LLC

By gardening expert Melinda Myers

Don’t let a busy schedule stop you from creating a beautiful landscape. Incorporate a few of these changes in your fall landscape care. You’ll create beautiful results with a limited investment of time and effort.

Cut the grass, recycle fall leaves, and improve the soil with a pass of the lawn mower. Shred leaves and leave them on the lawn as you mow this fall. As long as you can see the grass through the leaf pieces, the lawn will be fine. As the leaves break down they add organic matter to the soil, improving drainage in clay soil and water holding ability in sandy soils.
Or, as an alternative, use excess leaves as a soil mulch. Shred the leaves with your mower and spread a layer over the soil to conserve moisture and insulate the roots of perennials. Fall mulching gives you a jump on next spring’s landscape chores.
Improve your lawn’s health by fertilizing this fall with a low nitrogen slow release fertilizer, like Milorganite. You’ll reduce the risk of disease problems and with slower weed growth in fall, your lawn, not the weeds, will benefit from the nutrients. Fall fertilization also helps lawns recover from the stresses of summer by encouraging deep roots and denser growth that can better compete with weeds and tolerate disease and insects.
Northern gardeners can follow the holiday schedule and fertilize Labor Day and Halloween. Southern gardeners should make their last fall fertilization at least 30 days before the lawn goes dormant or the average first killing frost to avoid winter kill.
Do a bit of planting. Cool season annuals brighten up the fall garden and, for those in warmer regions, the winter garden. Consider adding cold hardy pansies. They provide color in the fall garden, survive most winters, and are back blooming in the spring just as the snow melts.
Fall is also a good time to plant perennials, trees and shrubs. The soil is warm and the air cooler, so the plants are less stressed and establish more quickly. Select plants suited to the growing conditions and be sure to give them plenty of room to reach their mature size.
Plant daffodils, tulips, hyacinths and other bulbs in fall for extra color next spring. Set the bulbs at a depth of two to three times their height deep. Then cover them with soil and sprinkle on a low nitrogen slow release fertilizer. This type of fertilizer promotes rooting without stimulating fall growth subject to winter kill.
Base your bulb planting time on the weather not the calendar. Start planting after the night-time temperatures hover between 40 and 50 degrees. Be patient, waiting until the soil cools reduces the risk of early sprouting that often occurs during a warm fall.

Those gardening in the far south and along the gulf coast can purchase pre-cooled bulbs to compensate for the warm winters. Or the chilling can be done at home by storing the bulbs in a 35 to 45 degree location for at least 14 weeks before planting.
Leave healthy perennials stand for winter. This increases hardiness and adds beauty to the winter landscape with their seed heads, dried foliage and the birds they attract. Plus, it will delay cleanup until spring when gardeners are anxious to get outdoors and start gardening.
However, be sure to remove any diseased or insect-infested plants to reduce the source of pest problems in next year’s garden.
Start composting or add shredded leaves and other plant debris to an existing compost pile. Combine fall leaves with other plant waste, a bit of soil or compost, and sprinkle with fertilizer to create compost. Recycling yard waste saves time bagging, hauling and disposing of green debris. You also reduce or eliminate the need to buy soil amendments to improve your existing garden soil.

Incorporate one or all six of these practices to increase the health and beauty of your landscape now and for years to come.

Gardening expert, TV/radio host, author & columnist Melinda Myers has more than 30 years of horticulture experience and has written over 20 gardening books, including Can’t Miss Small Space Gardening. She hosts the nationally syndicated Melinda’s Garden Moment segments and is a columnist and contributing editor for Birds & Blooms magazine. Myers’ web site, www.melindamyers.com, offers gardening videos and tips.

Getting Smart: Arizona State Hires 5 New American Indian Scholars

Source: Indian Country Today Media Network

Arizona State University has added five American Indian scholars in the fields of law, social transformation, American Indian studies, and social and family dynamics.

University President Michael M. Crow said the appointments are examples of how ASU is committed to diversity the school’s recognition of social responsibility.

“As I said in my inaugural speech 11 years ago, Arizona State University will gather and empower a large cohort of scholars focused on American Indian culture and social and economic issues,” Crow said in a release announcing the five new scholars. “The presence of a critical mass of scholars encourages constructive dialogue and the evolution of a given sphere of inquiry. It is all the more essential in a developing field such as American Indian Studies.

“We will encourage scholars from a spectrum of disciplines to offer different perspectives. Teaching and research related to American Indian culture has been underway at Arizona State University for decades but the American Indian Initiative is proving transformational in the development of the field, and confirms the university’s commitment to programs that are socially relevant.”

New faculty include:

Professor Robert J. Miller, an Eastern Shawnee citizen, comes to the Sandra J. O’Connor College of Law from the Lewis & Clark Law School in Portland, Oregon. He’ll teach civil procedure, Indian law classes and a new class focusing on economic development for tribal nations and Indian peoples.

Professor Robert J. Miller (Arizona State University)

Professor K. Tsianina Lomawaima, of Mvskoke descent, comes to the School of Social Transformation from the University of Arizona. Her teaching interests include U.S. Indian policy history, indigenous knowledge systems and research issues in American Indian education.

Professor K. Tsianina Lomawaima (Arizona State University)

Tennelle L. Marley, a member of the White Mountain Apache Tribe, is an American Indian Studies assistant professor and will teach Introduction to American Indian Studies. American Indian health and health policy, sociology of health, sociology of American Indians and qualitative research methods are her areas of expertise.

Assistant Professor Tennelle L. Marley (Arizona State University)

Michelle Hale, an assistant professor, will teach tribal governance, federal Indian policy and Introduction to American Indian Studies within the American Indian Studies program. She is Laguna, Ojibwe, Odawa and a citizen of the Navajo Nation. Her areas of expertise lie in tribal governance and leadership, public policy, economic development and the Navajo government.

Assistant Professor Michelle Hale (Arizona State University)

Monica Tsethlikai, an enrolled member of the Zuni people of New Mexico, joins the T. Denny Sanford School of Social and Family Dynamics from the University of Utah. She will teach statistics and courses on child development as an assistant professor. Her research explores the cultural and contextual factors that affect function development and memory processes in middle childhood and early adolescence.

Assistant Professor Monica Tsethlikai (Arizona State University)

“These new faculty become part of a cohort of scholars who have already positioned ASU as a leading academic institution in matters related to American Indian culture and its implication in the context of the broader American culture,” said Executive Vice President and University Provost Elizabeth D. Phillips in the release “They will continue to expand our scholarly expertise in critical intellectual areas as well as provide our students with a vast array of knowledge and experience.”

USDA Questions Keepseagle $380 Million Foundation Proposal

Rob Capriccioso, September 17, 2013, Indian Country Today Media Network

The U.S. Department of Agriculture (USDA) has filed a legal response questioning a plan by the lawyers for the Keepseagle plaintiffs that would allow the lawyers to create an agricultural foundation using a substantial chunk of unclaimed money that was supposed to be awarded to Indian farmers.

The government’s response, filed September 17 in D.C. District Court, says there are legal flaws with the lawyers’ approach, which calls for the creation of a “legacy foundation” to receive $380 million of unclaimed settlement funds, known in legal terms as cy pres funds.

“[G]ood reason exists to believe that the parties might not be able to agree to the sort of amendment that the plaintiffs propose: plaintiffs are proposing a modification that appears to be in tension with limits on the use of cy pres funds,” according to the USDA’s motion.

The lawyers, of the Cohen Milstein firm, have said previously that the foundation is intended to “establish a longstanding and robust funding stream for nonprofit organizations that assist Native American farmers and ranchers.” The lawyers filed their proposal with the court on August 30.

The Choctaw Nation opposed the lawyers’ plan in a motion filed with the court September 5. Like the USDA now argues, the tribe argued in its motion that the lawyers’ plan is problematic. Tribal leaders believe their Jones Academy Foundation should be considered to receive $58.5 million of the unclaimed funds, in accordance with the current agreement.

“[W]e don’t need a new foundation; we already have tribal foundations,” Brian McClain, a legislative advocate with the tribe, told Indian Country Today Media Network in an article published September 5. “We don’t need a new organization; we already have hundreds of organizations – we call them tribal governments. What we lack is enough money to meet the needs of our members, including farmers and ranchers.”

The USDA response notes that the Keepseagle lawyers have flexibility under the current settlement agreement to award the leftover money to non-profit organizations it chooses, yet the lawyers still want to forge a different path—a path that USDA officials seemingly cannot justify.

“If the USDA does not agree to the foundation, plaintiffs suggest that they might file a Rule 60(b)(5) motion to change the terms of the Agreement to allow for its creation,” the response states. “This suggestion appears to be flawed. Rule 60(b)(5) permits Courts to ‘relieve a party. … from a final judgment” if ‘applying it prospectively is no longer equitable.’ But the judgment in this case does not incorporate the cy pres provisions that would need to be amended to facilitate the creation of the planned foundation (e.g., the provision requiring that the funds go to an existing entity).”

The government’s response continues: “[N]o change to the final judgment that the Court could order would permit the creation of the foundation. But even if the relevant provisions were part of the final judgment, relief under Rule 60(b)(5) likely would be inappropriate because, among other reasons, there is nothing ‘[in]equitable’ about distributing the cy pres funds according to the existing Agreement.”

The agency says it is not opposed to modifying the agreement altogether. “The USDA may be willing (1) to expand the definition of Cy Pres Beneficiaries to include entities such as educational institutions and (2) to eliminate the requirement that the cy pres funds be distributed to beneficiaries in equal shares. These are just examples of changes that could be sufficiently narrow and appropriate,” according to the response. “The USDA is open to other potential changes, including how best to structure the distribution of the funds.

“But the USDA disagrees with the preliminary proposal to funnel all $380 million of the cy pres fund to an entity that both does not yet exist and that will use the money from this settlement for the ‘indefinite future,’ particularly when there are existing organizations that meet the current ‘cy pres’ definition and other options that are more closely tied to the stated goal of the settlement.”

The USDA asked the court for another 60 days to discuss the issue with the plaintiffs.

Pam Avery, a spokeswoman for the Keepseagle lawyers, said they plan to file a response in court September 24.

The $760 million settlement, approved by the court in April 2011, designated $680 million for Native American farmers who had faced discrimination from the U.S. Department of Agriculture over a period of several years in the past. Approximately $230 million was claimed.

The large amount of leftover funds in this instance is unusual, according to legal experts.