NTSB: Get tougher on drunken driving

Ann Heisenfelt/AP - NTSB Chairwoman Deborah Hersman at a news conference in Washington in February. Federal officials were weighing a recommendation that states reduce their threshold for drunken driving from the current .08 blood alcohol level to .05
Ann Heisenfelt/AP – NTSB Chairwoman Deborah Hersman at a news conference in Washington in February. Federal officials were weighing a recommendation that states reduce their threshold for drunken driving from the current .08 blood alcohol level to .05

 

By Ashley Halsey III,
The Washington Post
Published: May 14

States may consider lowering the standard for drunken driving to the level of a single dry martini after a recommendation Tuesday from the National Transportation Safety Board.

The NTSB (National Transportation and Safety Board) wants state legislatures to drop the measure from the current blood-alcohol level of .08 to .05, about that caused by a dry martini or two beers in a 160-pound person. The .08 standard could allow the same person to drive legally after two beers or a couple of margaritas, according to a University of Oklahoma calculator.

 “The research clearly shows that drivers with a BAC above 0.05 are impaired and at a significantly greater risk of being involved in a crash where someone is killed or injured,” said NTSB Chairman Deborah A.P. Hersman. “Our goal is to get to zero deaths, because each alcohol-impaired death is preventable. They are crimes. They can and should be prevented. The tools exist. What is needed is the will.”

The NTSB has no authority to impose its recommendations, but it provides an influential voice in the setting of safety standards. The board’s proposal got an immediate positive response from an organization of state highway safety officials.

“NTSB’s action raises the visibility of drunk driving and we will consider their recommendations,” said Jonathan Adkins of the Governors Highway Safety Association, while underscoring that the group continues to support the .08 level.

Advocates for the beer and liquor industry reacted negatively to the recommendation.

“While obviously the NTSB doesn’t make policy, states take their recommendations very seriously,” said Sarah Longwell of the American Beverage Institute, which lobbies for the industry on the state and national levels.

She denounced the recommendation as “terrible.”

“Between .05 and .08 is not where fatalities are occurring. This is like, people are driving through an intersection at 90 miles an hour and so you drop the speed limit from 35 to 25; it doesn’t make any sense,” Longwell said. “This is something that is going to have a tremendously negative impact on the hospitality industry while not having a positive impact on road safety.”

Longwell said the average blood-alcohol level in alcohol-related traffic fatalities is 0.16.

Almost 10,000 people are killed — and 173,000 injured — each year in drunken driving crashes, the NTSB said. Although improvements in auto and highway safety, as well as effective crackdowns on drunken driving, have produced a decline in roadway fatalities in recent years, about 30 percent of all traffic deaths continue to be alcohol-related.

“Most Americans think that we’ve solved the problem of impaired driving, but in fact, it’s still a national epidemic,” Hersman said. “On average, every hour one person is killed and 20 more are injured.”

The Insurance Institute for Highway Safety, a insurance industry research group, confirmed Tuesday that the risk of impairment to driving can occur well before a drinker reaches the .08 level.

“We would expect some effect if states lowered the threshold to .05, but since no state has passed such a law, it hasn’t been evaluated here,” said Anne T. McCartt, the institute’s senior vice president for research. “One difficulty in the U.S. is enforcement. Impairment begins well before the classic signs of impairment may become evident to a police officer, like a driver weaving. Since testing for impairment follows arrest, not the other way around, enforcing such a law would be a hurdle.”

The NTSB said almost 440,000 people have died in accidents tied to drinking in the past three decades.

In findings released with its recommendations Tuesday, the NTSB said that alcohol levels as low as .01 have been found to impair driving skills, and that a level of .05 has been “associated with significantly increased risk of fatal crashes.”

The board said a .05 limit would significantly reduce crashes and deaths.

In a recommendation made last year, the NTSB asked states to require ignition interlocks for all drivers convicted of drunken driving.

Longwell said the recommendation of a .05 limit for all drivers had implications for another emerging technology. A prototype vehicle expected to undergo testing later this year will be equipped with passive devices that eventually could be standard features in all vehicles, to test how much a would-be driver has had to drink.

“Where are they going to set this technology?” Longwell said. “They’ve been saying it’s .08. Well, the question is, if you lower the legal limit, where do you set the technology in all cars?”

Tulalip woman indicted in daughter’s death

By Scott North, The Herald

TULALIP — A Tulalip mother could spend a minimum 30 years behind bars if convicted as charged in the Oct. 8 neglect death of her young daughter.

A federal grand jury in Seattle on Tuesday indicted Christina D. Carlson with second-degree murder and criminal mistreatment charges. Her arraignment is scheduled May 23.

Federal prosecutors allege that Carlson, 36, all but abandoned her 19-month-old daughter Chantel Craig and her other daughter, 3, in a parked car on the Tulalip Indian Reservation.

Chantel was found dying in a car seat, covered in feces and lice. An autopsy determined she was dehydrated and suffered from severe malnutrition. The older girl also suffered from lack of care and malnutrition.

In the hours before Chantel was found, Carlson allegedly was sending text messages, attempting to find drugs, according to court papers. Tests conducted on the older girl’s hair showed evidence that the girl had been exposed to opiates.

Carlson and the girls had for months been the focus of on-again, off-again searches by state and tribal child welfare workers.

An investigation by Tulalip Tribal Police and the FBI determined Carlson and her children had been living in the car since mid-September. The car was tucked out of the way, down a dirt road on the Tulalip Indian Reservation.

The indictment mirrors charges federal prosecutors sought when Carlson’s case was transferred from tribal court in January.

If convicted as charged, Carlson faces a mandatory minimum 30 years in prison for her daughter’s death, according to the U.S. Attorney’s Office in Seattle.

The criminal mistreatment charges are punishable by up to a decade behind bars.

Federal prosecutors allege that Carlson withheld basic necessities of life from her children. She allegedly told police she hadn’t changed the girls’ diapers in four days because she had run out. Police found a full package of unused diapers in the car’s trunk.

The case already has undergone a review by a team of experts who by law were required to examine the circumstances surrounding Chantel’s death. The panel offered recommendations, but found no “critical errors” on behalf of state Child Administration employees.

Since 2001, the Tulalip Tribes have assumed jurisdiction over criminal matters on the reservation involving Tulalip members and other people who belong to federally recognized tribes.

Federal authorities also have jurisdiction on tribal land to investigate and prosecute more than a dozen major crimes, such as murder, rape, manslaughter and felony child abuse or neglect.

Indian students lose fight for honor song

 Chamberlain board denies graduation ceremony request

By: Anna Jauhola, The Daily Republic

Published May 13, 2013, 09:32 PM

CHAMBERLAIN, S.D. — American Indian students will not be recognized with an honor song during this year’s Chamberlain High School graduation ceremony.

The Chamberlain Board of Education voted 6-1 Monday evening at the Chamberlain High School library against a request to allow the song this year.

About 40 people attended the meeting, most of whom raised their hands in favor of starting the tradition of incorporating an honor song into the high school graduation ceremony Sunday.

Board President Rebecca Reimer said a feathering ceremony already was added for a ceremony prior to graduation, and an honor song doesn’t seem necessary.

“Most schools with our demographics have either a feathering ceremony or an honor song,” Reimer said. “Not both.”

She said the seniors and eighth-graders will go through a feathering ceremony at St. Joseph’s Indian School the Friday prior to the high school graduation ceremony. Students who live at St. Joseph’s attend school there until high school, when they go to Chamberlain High. The feathering ceremony is the first of its kind for Chamberlain.

According to the South Dakota Department of Education, 35 percent of Chamberlain School District students are American Indian, or nearly 300 of the school’s approximately 900 students during the 2012-13 academic year.

Students presented a petition to the school board in April to allow an American Indian honor song at the graduation ceremony.

Board members have declined the same request in the past, stating they feel graduation should remain the same as it has for years.

Chris Rodriguez, a senior at Chamberlain High School, was one of the students who started circulating the petition. He said he was upset the school board voted against incorporating the honor song, but respected the decision.

“I will come back to the school board because my sister is coming to school here, too,” he said after the meeting. “I wasn’t just fighting for this year’s seniors. I was fighting for generations after that.”

School board members said they want to make sure graduation is about recognizing educational achievements rather than favoring one culture over another.

Others said the ceremony could become too lengthy or require other cultures to be integrated as well.

“I’d just like to thank the people who got involved with this (petition),” said Casey Hutmacher, board member. “And for you guys to stand up and talk in front of us, I appreciate it. … But I will not be voting in favor tonight.”

Hutmacher said several senior class students he spoke to didn’t seem ready to include an Indian honor song at graduation.

“I can’t see how it honors everybody when it’s not in our language, and when I say our language, I mean English,” he said. “I look at the Pledge of Allegiance and it covers everything.”

The one board member in favor of granting the request to include an honor song said it is the board’s duty to vote for change.

“We vote for change all the time,” said Steve Fox, board member. “And that’s supposed to be our goal to change in good ways.”

He said other cultural activities have taken place at graduation in the past, including his son receiving a star quilt from the Sazue family.

“I could think of so many reasons to do this for our kids,” he said. “Why not give three or five minutes to teach our kids to honor another culture?”

Ferndale to consider deal that would end land dispute with Lummi Nation

Published: May 13, 2013

By Ralph Schwartz — THE BELLINGHAM HERALD

FERNDALE – City officials and Lummi Nation are pursuing an agreement to protect the city’s tax revenue and the tribe’s interest in properties it owns at the south city limits.

The City Council will decide whether to accept the agreement at a special meeting, 6 p.m. Wednesday, May 15, at 5694 Second Ave.

A draft of the agreement, posted Monday, May 13, on the city website, said the tribe would sell the western lots on land it owns along Slater Road west of Interstate 5. The tribe would receive 25 percent of the city’s share of sales tax revenue from those lots, which are on the southwest corner of Slater and Rural Avenue.

The city also would support the tribe’s application for trust status on the remaining properties. No property tax is paid on trust lands, and development on such land is not bound by state or local environmental rules.

In return, the tribe would agree to not purchase or apply for trust status on other land within the city limits, in order to protect the city’s property-tax base.

Northwest Indian Gaming Conference and Expo

The 2013 Northwest Indian Gaming Conference and Expo will beheld July 15-17, 2013 at the Tulalip Resort Casino in Tulalip, Washington, about 30 miles north of Seattle, directly on I-5 at exit 200.

The Tulalip Tribe’s Resort includes the Tulalip Casino, 378 hotel rooms and luxury suites, casual and fine dining restaurants, the Spa, and 30,000 sq. ft. of conference space. Tradeshow exhibitors will be located in the 15,000 sq. ft. Orca Ballroom.

Our attendees come from the all of the Northwest states, with the largest number from Washington, followed by Oregon, California, Oklahoma, Idaho, and Montana. Save the date!

Our show manager this year is Buss Productions and the contact person is Heidi Buss at (651) 917-2301 or FAX (651) 917-3578 or email at hbuss@msn.com.

Registration Questions? Call Madeline Bahr at Washington Indian Gaming Assoc. 360.352.3248 or email: madelinebahr@reachone.com

Early Bird Discount Registration ends June 14th. Save $50 over the regular registration rate. Discounted Hotel rate is available through June 21st, but don’t wait! Rooms are going fast!NW Indian Gaming Registration Email-1

Murkowski to lead GOP outreach to Native Americans

Source: San Francisco Chronicle

JUNEAU, Alaska (AP) — Alaska’s senior U.S. senator has been picked to lead the National Republican Senatorial Committee‘s “Native American Program.”

Sen. Lisa Murkowski, in a release, said she was proud to take on leadership of the new initiative. It is aimed at improving communications between Senate Republicans and Native American voters.

NRSC Chairman Jerry Moran said in a release that he’s “thrilled” to have Murkowski involved.

Murkowski serves on the Senate Indian Affairs committee, and received strong support during her 2010 re-election campaign from Alaska Natives.

The NRSC backed Murkowski in the 2010 GOP primary, which she lost to Joe Miller. It then backed Miller as Murkowski mounted a write-in campaign to keep her job.

Federal TV project a $10M boondoggle

An ELKNet terminal. Photo from ELKNet Site Operator Training Manual.
An ELKNet terminal. Photo from ELKNet Site Operator Training Manual.

ALBUQUERQUE (KRQE) – When it comes to the annals of government waste, the Enhanced Learning and Knowledge Network ranks up there with the best – or worst – of them.

“Somebody dreamed this up and just went charging down the road and spending all this money,” said Sen. Tom Udall, D-NM. “In this case, a significant amount of money that could have helped very needy individuals has been wasted and that’s what’s very unfortunate here.”

Called “ELKNet” for short, the project was an educational television network that broadcast – albeit briefly – from studios in Albuquerque to about 200 Bureau of Indian Affairs-run schools across the country. The federal government spent an estimated $10 million on the project, operated it for just 21 months, then abruptly and unceremoniously pulled the plug about a year ago.

Today, the expensive equipment sits idle in Albuquerque and in remote school closets all across Indian Country in New Mexico and the United States. And, according to a Larry Barker investigation, students received zero benefit from those millions of taxpayer dollars.

“I hear about great ideas all day long, and they are all wonderful,” said Rep. Michelle Lujan Grisham, D-NM. “But not all of them are cost-effective and not all of them can be implemented.”

The basic goal of the project was to use digital technology to bring the latest in high-tech, interactive learning to some of the most remote schools in America. To that end, the Department of Interior – which spearheaded the program – spared no expense.

For example, the government bragged that its multi-million-dollar broadcast studio in Albuquerque “rivals any commercial TV network,” according to government materials promoting the project. That facility included robotic high-definition cameras, a control room, a production studio and editing suites.

The Department of Interior spent $2.4 million to install satellite receivers, 42-inch LCD monitors and DVD recorders at those 200 BIA schools. Programming was transmitted via a $650,000 satellite uplink, while the government spent another $500,000 a year on satellite transponder fees.

Finally, ELKNet’s payroll exceeded $1 million a year.

The network premiered in 2009, and featured programming like President Barack Obama’s back to school message in September of that year. In March 2010, ELKNet broadcast a program entitled “Why They Should Graduate,” while September 2010 featured a “Youth Listening Session.”

The network’s swan song was a discourse by professional golfer Notah Begay in April 2011 about healthy lifestyles.

Then, 21 months after it began transmitting, the Department of Interior pulled the plug on ELKNet. The announcement ending the program, made by email, said, “The government no longer has a need for the satellite … and will no longer have the funds for the system.”

And just like that, the government’s experiment in educational TV for Native Americans was over.

Morris Gaiter, distance learning coordinator for the network, said the project left him with the bitter taste of disappointment.

“I’m a taxpayer too,” he said. “That’s my money, too, that’s going, and I felt like it just wasn’t being utilized the way it should.”

According to News 13’s investigation, only a handful of students at the 47 BIA schools in New Mexico watched the ELKNet broadcasts. Some programs had no New Mexico participation.

“We’ve never had instructions on how to use the equipment,” said Dr. Tamarah Pfeiffer, superintendent of the Alamo Navajo School located north of Magdalena. “In three years, it’s just been equipment standing in a room.”

It was the same story at the BIA’s Wingate Elementary School outside Gallup.

“At Wingate, to be honest, there was no long distance education yet,” said Charlotte Begay, former principal. “We were just barely getting into that when it was shut down.”

The expensive ELKNet equipment at Borrego Pass School, another BIA institution, was used, said Rebecca Vesely, head of the school. However, it was used to help students keep up on current events by watching the news on CNN and other news channels.

News 13 attempted to find someone to take responsibility for the multi-million-dollar federal government boondoggle. And it was only after threatening to take the matter up with then-Interior Secretary Ken Salazar that the department trotted out BIA Director Mike Black for an interview.

At first, Black said ELKNet achieved its goal.

“My perspective would be, yes, the program was a success,” he said. “It was basically … it comes down to a budget and resource issue.”

However, when asked how spending $10 million on a program that achieved zero participation could be characterized a success, Black changed his tune and admitted he didn’t know about the participation rate, and was surprised by those facts, which his agency supplied to News 13.

“Not knowing the full facts and everything that’s there, yes it would surprise me,” Black said. “I didn’t know that, sir. Nobody’s made me aware of that, no.”

Today, ELKNet studios in Albuquerque is empty of people, though the pricey technology remains. At Tse’ll’Ahi Community School – also known as Standing Rock – near  Crownpoint, the equipment is used to play DVDs. The Borrego Pass equipment is stored in a closet, while at Alamo, the LCD monitor acts as nothing more than an expensive message board.

Udall admitted that government isn’t supposed to work this way.

“Somebody got a great idea,” said Udall, who serves on the Senate’s Indian Affairs Committee. “They said, ‘Let’s take a couple million dollars and spend it on all this equipment and get everybody inter-linked.’ But then nobody wanted to come and look at it. That’s not a very good use of taxpayer money.”

Lujan Grisham, who serves on the House Oversight and Government Reform Committee, said government agencies need to be more careful about spending taxpayer money on grandiose and unrealistic plans.

“The lesson to the Department of the Interior is they have to be better-prepared to manage these ideas,” she said.

Payment to American Indians inadequate

Albert BenderBy Albert Bender, The Tennessean

At the most recent Native American conference of the Secretarial Commission on Indian Trust Administration and Reform, held in April in Nashville, among the many issues raised was that of the Cobell settlement of 100 years-plus of Indian trust assets.

This class-action settlement of the claims of tens of thousands of American Indians, many of whom are resident Tennesseans, is just another farce committed against the most economically disadvantaged people in the U.S.

This past December, $1,000 checks were sent to thousands of Native American accountholders for money of which they were defrauded for more than 100 years. This was a token payment to represent royalties — for oil, timber, grazing, etc. — that should have been paid by the Department of Interior since 1887. The settlement, forced on Indian plaintiffs, was for $3.4 billion.

Sound like a lot of money? But not when the true amount of loss, with interest, for a century and a quarter was $179 billion. The $1,000-per-person figure would not even buy a decent used car. This is what the U.S. government thinks of American Indians. This settlement was passed by Congress and signed by President Obama, because he thought it was fair. The settlement reeked of abominable villainy! The courts, the Congress and the president combined in this infamy.

But make no mistake: The verdict of history shall judge this “settlement” as a permanent blot on his presidential legacy and the U.S. as a whole. This $3.4 billion must also be seen in context with other issues. For example, in the Iraq war $12 billion was spent per month. In just one week, the U.S. government spent as much on the Iraq conflict as it did to settle an Indian lawsuit that it fought tooth and nail for 16 years. This is a grotesque injustice.

Some issues money can never address. Over that 122-year period, Native Americans lived, and continue to live, in a nightmare of hopelessness, deprivation and intergenerational trauma generated in part by abject poverty. Poverty stifles; abject poverty kills. Just think how the just payment of money due over this time span could have alleviated some of that misery. Think of how many countless lives — adults, children and the elderly — could have been altered and saved.

Currently, on many reservations the suicide rate among teenagers and young adults is the highest in the Western Hemisphere. This, again, is the result of generations of malevolent, intentional, genocidal poverty inflicted on Native Americans by an endless succession of U.S. administrations.

It will be to the everlasting ignominy of this government that there was no fair settlement reached, only more dishonor attached to a system covered with the gore of generations of victimized Native Americans.

This is the most scandalous forced settlement in American history. Never has so much been owed to so many, who have received so little.

Albert Bender, a Cherokee activist, historian and grant writer, lives in Antioch; albertbender07@yahoo.com.