Month: September 2014

$58 Million Judgment Adds To Woes Of Cigarette Maker On Yakama Reservation

By Tom Banse, NW News Network

A federal judge in Eastern Washington has ruled a cigarette maker on the Yakama Indian Reservation owes $58 million in unpaid taxes and penalties.

 

King Mountain Tobacco grows a portion of the tobacco it manufactures into cigarettes on the Yakama reservation.
Credit King Mountain Tobacco

 

The privately owned tobacco company has tried — so far unsuccessfully — to assert a treaty right to trade tax free.

The U.S. Treasury Department went after King Mountain Tobacco Company for federal cigarette taxes unpaid since 2009. The cigarette factory is owned by a Yakama tribal member. The company’s lawyers and the tribal government insist the reservation-based business is not subject to federal or state taxes.

King Mountain attorney Randolph Barnhouse bases this position on a specific provision of the 1855 U.S. treaty with the Yakama Nation.

“They gave up 17,000 square miles of land and they gave up a lot of other things for the right to be left alone on the reservation and to bring their goods to market without regulation,” Barnhouse said. “There are only two treaties that I am aware of in the entire United States that have that ‘right to travel and trade’ provision in the treaty.”

“People sometimes don’t want to hear about the history and they say, ‘Well, history; that was a long time ago,'” Barnhouse added. “Treaties are important and the promises that we made as a nation are important. They are especially important to the people who are living it every day, the Yakama people.”

U.S. government attorneys argue that the tribal cigarette company’s interpretation of the treaty is overly broad. “If no express exemptive language can be found in the text, the analysis is over. The claim of exemption fails. That is the case here,” wrote Justice Department attorney Carl Hankla in one of his briefs.

Federal district court judge Rosanna Peterson agreed. Attorney Barnhouse said his next step will be to ask Judge Peterson to reconsider at least one aspect of her ruling. The cigarette maker could later appeal. In fact, two other cases pertaining to the company are already before the U.S. Ninth Circuit Court of Appeals.

Back story straight from Hollywood?

An FBI affidavit made public in connection with the federal tax case reads like a Hollywood movie, complete with a confidential informant, wire taps, undercover agents posing as wealthy wholesalers, a chartered aircraft for added impact and the presentation of a briefcase full of bundled $100 bills.

The affidavit even includes what would be a requisite scene in a thriller in which the informant is suspected of being a cop and is challenged by the purported bad guys. According to the FBI transcript, King Mountain Tobacco owner Delbert Wheeler addressed the informant and said it did not matter if the man were a cop “because if you are and you mess with me, I will rip out your eyeball, then I will kill you. You understand you may shoot me but it doesn’t matter because in the end we will both go to the same place.”

The affidavit also places current Yakama Nation Tribal Council chairman JoDe Goudy at the meeting where, according to the government, extensive discussion of contraband cigarette trafficking and false reporting of sales happened. Goudy was identified as King Mountain’s sales manager at the time.

Neither Goudy nor Wheeler replied to interview requests on Friday. Heavily armed federal and state agents subsequently raided King Mountain Tobacco’s cigarette factory in White Swan, Washington. An indictment or case stemming from that 2011 raid remains under seal.

Barnhouse said the government’s treatment of his client “angers” him because he believes the U.S. is trying to put “these people out of business.”

Cigarette factories on the rez

King Mountain Tobacco is one of two cigarette manufacturing operations on tribal land in the Pacific Northwest. The other is Skookum Creek Tobacco Company, operated by the Squaxin Island Tribe near Shelton, Washington. The Squaxin Island enterprise has managed to avoid litigation.

One reason for that is because, unlike the Yakama Nation, the Squaxin Island Tribe reached a cigarette tax agreement with the State of Washington. Both cigarette factories import blended tobacco from the southeastern U.S. to process into their cigarettes. King Mountain has also harvested some tobacco from fields planted near its Yakima Valley manufacturing facility.

If the Yakama Nation were to succeed in winning tax-free status for its tobacco sales, it could gain a significant price advantage. The federal excise tax stands at just over $10 per carton of cigarettes. State escrow fund deposits impose a further $5.60 per carton expense.

On its website, King Mountain says it currently distributes cigarettes under its eponymous brand name in eleven states, including Washington, Oregon, Idaho and California. Delbert Wheeler started King Mountain Tobacco in 2005.

Tribes Want EPA Involved In Washington Clean Water Rulemaking

By Associated Press

EVERETT, Wash. — An alliance of Washington tribes says it will ask the U.S. Environmental Protection Agency to step in and come up with new water-quality rules for the state.

The Northwest Indian Fisheries Commission sent Gov. Jay Inslee a letter on Thursday expressing “dissatisfaction” with his proposal for updating the state’s clean water rules that are partly tied to how much fish people eat.

The Herald reports that the tribes say the proposal won’t do enough to protect tribal members. They’re also concerned about another delay.

Inslee’s plan would increase the fish consumption rate to 175 grams a day, but the tribes say that improvement is offset by other less protective changes.

An Inslee spokesman said Saturday that the governor’s office and the Department of Ecology hope to discuss Inslee’s proposal with the group.

Marine Survival Project Looks at Salmon Poisoning Disease

Source: Northwest Indian Fisheries Commission

 

Steelhead out-migrating from North Sound rivers appear to have better marine survival than steelhead smolts from South Sound, and researchers are studying salmon poisoning disease as a potential cause.

Salmon poisoning disease, or Nanophyetus salmincola, is best known as the parasite that can make dogs sick when they eat raw salmon. It also has been found to affect the swimming performance of infected salmonids, potentially reducing their marine survival.

Fish pathologist Martin Chen is studying steelhead smolts for the NWIFC as part of the Salish Sea Marine Survival Project. Chen is sampling steelhead from the Tahuya, Skagit, Snohomish, Green and Nisqually rivers.

“We thought Skagit and Snohomish would be negative for the parasite based on historical records, and that was true,” Chen said. “We found lots of heavily infected fish in the Green and Nisqually rivers. I can see the parasite even as I’m dissecting them. Parasite numbers are as high as 18,000 per gram of kidney tissue.”

Both of those results were expected, but Chen was surprised not to find the parasite in any of the 24 steelhead sampled from the Tahuya River in Hood Canal. The Tahuya is across the canal from the Skokomish River, which has Nanophyetus in at least three tributaries.

South Sound fish also have their marine survival challenged by swimming through the Tacoma Narrows and Point Defiance, and facing more predation from seals. To make a more even comparison, researchers placed infected South Sound fish and uninfected North Sound fish in the same saltwater environment to compare survival. After 90 days in saltwater tanks at the USGS Marrowstone Island Laboratory, both groups had the same high survival rate.

“The fish from the Green River are still heavily infected,” Chen said. “It’s possible that infected fish have some disadvantage and they’re less able to escape predators. They don’t just hit the salt water and roll over and die.”

Chen also is testing drugs that could eliminate the parasite from infected fish. Two drugs are being tested on small numbers of coho at the Nisqually Tribe’s Clear Creek Hatchery, with some coho getting a 24-hour bath of each drug, and other fish having a drug mixed in their food. None of the fish from this initial test will be released or eaten.

“If the drugs were effective and you were rearing fish in a parasite-positive environment, you could clean up a group of fish before releasing them,” Chen said. “You would no longer have to compare survival of fish between two river systems, making our studies more valid. In addition, being able to eliminate Nanophyetus before release could have a practical application for Northwest hatcheries.”

Native Nations treaty exhibit opens Sept. 21 at NMAI

treaties-exhibit

Source: Native Times

 

WASHINGTON – The Smithsonian’s National Museum of the American Indian will open the “Nation to Nation: Treaties Between the United States and American Indian Nations” exhibit Sept. 21 during the museum’s 10th anniversary on the National Mall.

The exhibit is the museum’s most ambitious effort yet, presenting the Native nations’ individual treaties side-by-side in their largest historical collection ever presented to an audience. The exhibition focuses on eight treaties representing the approximately 374 ratified between the United States and the Native nations, on loan from the National Archives. Each document details and solidifies the diplomatic agreements between the United States and the neighboring Native nations.

More than 125 objects, including art and artifacts, from the museum’s collection and private lenders will be featured, including the Navajo blanket owned by Gen. William Sherman, a collection of Plains nations pipes and beaded pipe bags, peace medals given to Thomas Jefferson and George Washington and the sword and scabbard of Andrew Jackson.

Video installations, archival photographs, wampum belts, textiles, baskets and peace medals highlight each historical moment and help tell the story of the early ancestors of the Native nations and their efforts to live side-by-side at the birth of the United States.

The exhibit will be on display through Sept. 1, 2018. The NMAI’s hours are 10 a.m. to 5:30 p.m. daily. It is closed on Dec. 25. Admission is free. The museum is located at 4th St. and Independence Ave. SW.

To learn more about the exhibit, email asia.romero@edelman.com, or call 202-772-4294.

Tribal Leaders Summit panel talks child welfare

 

By Karee Magee, The Bismark Tribune

Sandra Bercier, interim director of the Native American Training Institute, said there is an acute need for Native American foster homes in both North and South Dakota.
Sandra Bercier, interim director of the Native American Training Institute, said there is an acute need for Native American foster homes in both North and South Dakota.

BISMARCK, N.D. — A panel at the Tribal Leaders Summit on Thursday addressed problems facing the implementation of the Indian Child Welfare Act.

The mission of ICWA, first founded in 1978, is to keep or reunite Indian children with their families.

According to the National Indian Child Welfare Association’s description, the act was created in “response to the alarmingly high number of Indian children being removed from their homes by both public and private agencies.”

According to panelists, the numbers of Indian children put in foster homes remains high.

The consensus among the panelists is that the obstacle facing implementation of child welfare programs on reservations is lack of funding.

Sandra Bercier, interim director of the Native American Training Institute, said that because the programs are underfunded, they also are understaffed.

It is also hard to find permanent employees, said Leander McDonald, chairman of the Spirit Lake Tribe.

Child welfare programs are the hardest place to work, Bercier said, because staff sometimes take children out of homes.

Another significant problem is the lack of foster homes and families on the reservations, she said. Indian children who are taken from their families will often end up in a non-native family instead.

“If you have room in your home, hook up wth Indian Child Welfare,” Bercier said. “If we want ICWA to work, we have to be the ones to drive that process.”

The tribal leaders from South Dakota, though, emphasized an issue specific to that state.

“The problem is that there was this systemic institution that incentivized the removal of Indian children,” said Chase Iron Eyes, tribal judge of Lakota People Law Project.

According to Iron Eyes, the state of South Dakota earns $60 million from the federal government for the placement of Indian children into foster care.

South Dakota has a system of 48 hour hearings. The parents are required to go to court within 48 hours after their children were taken away, according to Tom Disselhorst, attorney for United Tribes Technical College.

The timespan doesn’t give them a chance to find a lawyer, he said, and they often don’t know why their children have been removed.

B.J. Jones said that the majority of these situations in South Dakota have nothing to do with abuse or neglect, but more often it is because the parent committed a misdemeanor like forgetting their license while driving.

He said society criminalizes poverty and Indian mothers are now afraid to drive because, if they are stopped by the police, their child could be taken away.

The Oglala Sioux Tribe and the Rosebud Sioux Tribe have filed a class action lawsuit against the state of South Dakota, and hope it will be part of the solution. They are accusing state officials of violating the Fifth Amendment by not providing opportunities for due process.

Due process includes that an attorney is required in court, which many Indian parents don’t have in the 48-hour hearings.

If the lawsuit reaches the 8th Circuit Court of Appeals, it may require other states to change their policies as well, said Disselhorst.

Ask a Mexican: Why don’t more Mexicans self-identify as Native?

 

Gustavo Arellano
Gustavo Arellano

 

Source: Indianz.com

 

Gustavo Arellano, also known as the Mexican behind the syndicated column ¡Ask a Mexican!, explains why Mexicans are reluctant to identify themselves as indigenous even though they boast large numbers in the United States:

It’s no real surprise that Mexis would either not mark any other box to denote their raza or just mark “white.” As you most likely know, no one in Mexico wants to identify as Indian because they’re at the bottom of the race chain. That stigma still carries over to the United States: Figures from the 2010 U.S. Census showed that about 175,000 people identified as “Mexican-American Indian,” which would make this group the fourth-largest Native American tribe in the United Unidos (only Cherokee, Choctaw, and Navajo would be bigger). But consider that in “Indigenous Oaxacan Communities in California: An Overview,” a 2007 paper by Lisa Kresge for the California Institute for Rural Studies, the estimated population for this group alone was about 350,000 — and that’s just for the Golden State, and doesn’t include the many Purépecha, Yaquis, Otomis, Mayas, Totonacs, and many other Mexican indigenous groups in Cali.

Get the Story:
Gustavo Arellano: Ask a Mexican on Mexicans Who Self-Identify as White (The Phoenix New Times 9/4) Related Stories:
Immigrants who speak Native languages face difficulty in US (07/14)

Legalized Pot Is a Mess of Trouble for Tribes

 

lamar-walterBy: Walter Lamar, Indian Country Today

 

While a patchwork of state laws have given marijuana quasi-legal status in 24 states, status on many tribal lands remains prohibited, or at best uncertain. Many tribes are content to adhere to federal prohibitions, but in PL 83-280 states (notably Washington, with legal recreational use), some are considering or even embracing the economic development potential of growing and distributing marijuana.

In general, medical marijuana laws have not been recognized on tribal lands, with some tribal members even facing exile for using state-licensed cannabis on their reservations. Many non-tribal members have also been cited for possession on the reservation, and although some legal experts hold that jurisdiction is unclear, the Salt River Maricopa-Pima Indian Community has successfully defended impounding cars of card-holding medical marijuana patients. Other tribes have requested their state’s licensing authority not to permit dispensaries near reservation boundaries.

Tribes in most states—including Colorado, where recreational use is also legal—follow federal law on marijuana use, possession, production and distribution. While some at the Ute Mountain Ute reservation have recommended initiating community discussion on the topic, the Southern Ute have come out very strongly against adhering to Colorado’s recreational marijuana laws.

The fact of the matter is that tribes have experienced more harm than good by illegal growing, cartel activity, and children being endangered by adult use or being recruited into gangs. Other tribal leaders cite problems with allowing marijuana in Indian Country such as losing subsidies for low income housing and BIA funding; IHS and tribal health services capacity strained by already high rates of drug and alcohol abuse; adding a burden to tribal law enforcement departments, courts and other agencies; and loss of employment due to failing drug tests. This last could spell big problems for recruiting and retaining a number of public trust positions, such as firefighters and police officers.

Those who support tribes’ participation in legal marijuana programs point to traditional uses for cannabis, economic development potential, reduced rates of prescription drug overdoses, and lifting the burden of patrol, monitoring, detention and probation from tribal public safety agencies. What advocates don’t want to discuss is the increase in specific risks involving children, particularly increased hospitalizations due to edibles, diversion from family members, and children perceiving marijuana use as “safe.”

Troy Eid, chair of the federally commissioned Indian Law and Order Commission acknowledges the dangers—especially for already at-risk Native youth—but argues that tribes should have the option to opt out of the federal system in order to resolve the jurisdictional “chaos that exists today.” He points out that some of the confusion came from both the Colorado and Washington laws being passed by voter initiatives, and so were without tribal consultation. In an interview with Time Magazine, he also made the argument for pursuing economic development: “The tribes are going to be left behind, because there’s been no change in state law that applies to them … These are some of the poorest areas in the country. They could be involved in this business as well, but instead they’re being prohibited from being part of what’s happening.”

Washington tribes may end up establishing precedent for a thoughtful approach to establishing marijuana laws that suit the needs of the community. Yakama has not only come out strongly against allowing recreational or medical use, but has extended its ban to all the tribe’s ceded territory, and the Washington State Liquor Control Board is automatically denying grow or distribution applications within the disputed area. Likewise, most of the tribes on Washington’s Olympic Peninsula are upholding federal law, in part because of strong community commitment to drug abuse prevention, and in part because of prohibitions on adjacent National Park Service and Forest Service lands.

On the other hand, the Pullayup have aligned their tribal criminal code with the Washington State code to permit recreational marijuana use, and several retail outlets have opened in and nearby tribal lands. The Suquamish have approached the state about permitting sales by the tribe and tribal business, but the state is seeking federal guidance before considering the application. The S’Klallam initially came out strongly against it, but are now taking a “wait and see” approach.

The Department of Justice is busy trying to sort these problems out as well. In a 2013 memo to all U.S. Attorneys, Deputy Attorney General James Cole points out several concerns that translate into public safety priorities, which should concern local police as much as federal law enforcement. These priorities include preventing distribution to minors; revenue from going to cartels and gangs; other drug trafficking under the guise of “legal” distribution; environmental degradation by illegal grow operations; possession where prohibited; violence and the use of firearms in cultivation or distribution; and drugged driving.

From initial statistics in Colorado, the state laws have been completely ineffective at preventing distribution to minors or preventing possession where prohibited, including neighboring states, public lands, and tribal areas as far away as South Dakota. Tribes are wise not to let the dollar signs blind them to the potential public safety, health and other issues that allowing marijuana use might bring, until all the Attorney General’s concerns are appropriately addressed. Finally, no matter what decisions the federal government ultimately makes regarding marijuana regulation, all governments should be respectful of individual tribes who wish to prohibit the drug on their lands. As Harry Smiskin, Yakama Nation Chairman said, ” I cannot tell you what to do on state lands in Seattle or elsewhere — I can tell you how it is going to be on Yakama Lands. The use of marijuana is not a part of our culture or religions or daily way of life. Nor is it one of our traditional medicines. Please respect our lands and our position.”

Walter Lamar, Blackfeet/Wichita, is a former FBI special agent, deputy director of BIA law enforcement and is currently president of Lamar Associates. Lamar Associates’ Indian Country Training Division offers culturally appropriate training for Indian country law enforcement and service professionals with both on-site and online courses.

 

Read more at http://indiancountrytodaymedianetwork.com/2014/09/01/legalized-pot-mess-trouble-tribes

Cherokee Nation honors veterans, brings military history to life

By Sequoyah County Times

Cherokee Nation officials are honoring Cherokee veterans and bringing history to life through new displays at the Cherokee Nation Veterans Center.

Newly installed displays feature Lieutenant Jack C. Montgomery and Admiral Joseph J. Clark, who are considered two of the most highly decorated Cherokee citizens to have ever served in the United States military.

“Cherokee citizens have a long history of service,” said Cherokee Nation Principal Chief Bill John Baker. “Cherokee Nation has always honored and revered our warriors for protecting our freedom. The veterans center makes it possible for us to show our eternal gratitude toward our Cherokee veterans while providing them with needed services, comradery and a welcoming space.”

Cherokee Nation estimates there are more than 4,000 Cherokee veterans. The tribe is honoring those citizens and their service by presenting many of their stories, artifacts and memorabilia to the public.

The $2 million Cherokee Nation Veterans Center, which was tribally funded, features 25 pieces of military-themed artwork from American Indian artists and 16 display cases showcasing multiple Cherokee veterans’ military regalia. There are a dozen other cases displaying vintage wartime newspapers and various memorabilia.

“Native Americans serve and defend our country at higher rates than any other ethnicity,” said Cherokee Nation Deputy Chief S. Joe Crittenden, a U.S. Navy veteran who served in Vietnam. “It is important that we honor these brave women and men for their sacrifices and the important roles they serve in securing and defending our liberties.”

One of the newest features honors Cherokee citizen and Medal of Honor recipient Lieutenant Jack C. Montgomery. He is one of only eight Native Americans in the 20th century bestowed with U.S.’s highest military honor. Montgomery was awarded the Medal of Honor for his heroic actions during the Battle of Anzio in World War II.

Montgomery’s artifacts and memorabilia include several photographs, awards, certificates and medals such as his Purple Heart, Silver and Bronze Stars, and Cherokee Medal of Patriotism. The collection also consists of items depicting Montgomery’s Medal of Honor, including detailed narratives, his certificate, a crystal plaque, a memorial dedication shadow box and flag, and photos of him with his medal.

Another new display honors Cherokee citizen and Navy Cross recipient Admiral Joseph James “Jocko” Clark. Clark was the first Native American to graduate from the U.S. Naval Academy and went on to serve in World War I, World War II and the Korean War.

The J.J. Clark collection includes artifacts such as a plaque, dedication photograph and hat from USS Yorktown, which was the carrier he commanded during WWII. The collection, which is on loan from the Cherokee Heritage Center, also includes a bronze bust of Admiral Clark and several of his medals and ribbons.

The 8,700-square-foot veterans center includes Cherokee Nation veteran assistance and benefit offices and a U.S. Veterans Affairs readjustment counselor. It houses a community room, kitchen and “Wall of Honor” entryway.

The veterans center is located just east of the W.W. Keeler Complex, 17675 S. Muskogee Ave., in Tahlequah.

For more information, call 918-453-5000 ext. 4166.

Conservation Groups Concerned Oil Spill Would Harm Wildlife

An oil train moves through Skagit County in Western Washington, headed to refineries in the Northwestern part of the state. | credit: Katie Campbell
An oil train moves through Skagit County in Western Washington, headed to refineries in the Northwestern part of the state. | credit: Katie Campbell

 

Courtney Flatt, Northwest Public Radio

 

As more oil trains travel along the Columbia River and Puget Sound, conservation groups worry that cleanup plans could harm sensitive wildlife, like endangered salmon and shorebirds.

That concern is prompting legal action. The Center for Biological Diversity and Friends of the Columbia Gorge Thursday filed a 60-day notice to sue the U.S. Coast Guard and the Environmental Protection Agency. The conservation groups say the oil spill response plan needs to be updated to account for endangered species.

Jared Margolis, an attorney for the center, said the response plan hasn’t been updated in 10 years. That means the plan doesn’t include new wildlife habitat and new species on the Endangered Species List, like smelt, also known as eulachon.

“If those spill response plans aren’t up-to-date, they could boom the oil right into critical habitat for endangered species, which can really impact the salmon and sturgeon.” Margolis said.

Margolis said the Gulf Coast’s 2010 Deepwater Horizon spill taught conservation groups that cleanup efforts, like burning oil and mixing oil with the dispersants, could harm endangered species.

An EPA spokeswoman said she could not comment on pending litigation. She said cleanup plans in the Northwest include monitoring for endangered species.