December 2014 - Page 4 of 9

Fight Over Gaming Terminals Goes to 9th Cir.

By JUNE WILLIAM, Courthouse News Service

(CN) – The Tulalip Tribes tried to persuade the 9th Circuit last week that Washington State is violating a gaming compact by providing more favorable terms to another tribe.
The Tulalip claims Washington allows the Spokane Tribe to lease lottery terminals at better rates, contrary to a “most favored tribe guarantee saying if the state gives more favorable terms to another tribe, the Tulalip is also entitled to those terms.
The state regulates tribes’ operations of player terminals for a tribal lottery system under a Tribal-State Gaming Compact. The Tulalip can operate 975 terminals but may increase the amount up to 4,000 by purchasing allocation rights from any Washington tribe in the compact. The procedure is known as a terminal allocation plan, or TAP.
In 2007, the Spokane Tribe joined other tribes in the gaming compact. The state allowed the tribe to make payments into an inter-tribal fund to obtain additional terminals if it couldn’t secure the machines under the TAP procedure because “few, if any” machines were available for lease, according to court documents.
The Tulalip claimed the state gave the Spokane more favorable terms by allowing the tribe an additional way to obtain terminals and petitioned to have the same opportunity by amending its compact. After the state refused, the Tulalip filed a federal complaint in 2012 saying the state breached the compact and asking for an injunction amending the agreement.
In 2013, U.S. District Judge Richard Jones granted summary judgment to the state, saying the Tulalip wanted to “cherry-pick” the benefits of the inter-tribal fund provision .
According to the ruling, the Spokane were required to use “reasonable efforts” to obtain the machines from other tribes and must agree to limit their operations to fewer total machines than other tribes.
“The State has never agreed to the select portions that plaintiff wishes to cherry-pick out of the Inter-Tribal Fund provision without the corresponding limitations,” Jones wrote.
On Thursday, the Tulalip asked a three-judge panel to reverse the lower court’s decision.
Lisa Koop, representing the Tulalip, said the tribe’s “most favored” status required Washington to offer them the same benefits as the Spokane.
U.S. Circuit Judge Richard Tallman immediately asked Koop to respond to the district court’s finding that the tribe “cherry-picked” the most beneficial portions of the Spokane agreement without accepting the “inter-related conditions.”
“That’s simply false,” Koop responded.
She said the state wrongly concluded the Tulalip would have to “take everything” the Spokane were offered.
“Some of the terms are specific to the Spokane tribe,” she argued.
“The state basically said we’ll give you the same deal as the Spokane Tribe, but you didn’t want that because it contains a restriction on the maximum number of machines that would reduce the number of machines that you have,” Tallman countered.
“You’d like access to the tribal fund but you’d also like to not have the numerical restrictions that go with it, right?” U.S. Circuit Judge M. Margaret McKeown asked.
The state, represented by Assistant Attorney General Callie Castillo, argued that Tulalip’s most favored nation clause says that if the state ever permits an allocation of player terminals to a tribe which is greater or on more favorable terms then Tulalip is entitled to those same terms.
“Nothing in Tulalip’s compact permits it to obtain more favorable terms than those obtained by any other Washington tribe,” Castillo said.
McKeown asked if other tribes could make Tulalip’s “most favored” argument to ask for the inter-tribal fund plan.
Castillo said “every other tribe in the state of Washington” could claim they were entitled to the same deal.
“Tulalip is only entitled to the same terms as Spokane,” she said.
Castillo summed up her argument, saying the court should reject Tulalip’s attempt to “rewrite the compact into something the state has not agreed to with any other tribe.”

Greenpeace Apologizes for Wrecking Nazca Lines as Peru Prepares Criminal Charges

Greenpeace via ReutersGreenpeace wanted to catch the eyes of those in power with this sign. But it caught attention for the wrong reasons, by damaging one of Peru's most famous and precious archaeological sites. — Greenpeace via Reuters
Greenpeace wanted to catch the eyes of those in power with this sign. But it caught attention for the wrong reasons, by damaging one of Peru’s most famous and precious archaeological sites.

Indian Country Today Media Network

The glaring yellow letters, urging respect for the environment, proclaimed, “Time for Change! The Future is Renewable.”

However, the very respect being demanded for the planet was not accorded to the Nazca Lines, an ancient UNESCO Heritage Site in Peru, by Greenpeace workers who tromped all around and upon one of the phantasmagorical figures depicted on the sacred site in order to plant their message.

While the banner did catch eyes, it did not do so for the reasons the environmental activists had hoped. Now the Peruvian government plans to file criminal charges against the environmental group for its irreversible destruction of one section of a national treasure. The delicate drawings, etched into the desert on Peru’s coast between 2,000 and 1,500 years ago, depict phantasmagorical figures such as a spider and a hummingbird—sketches that are now indeed accompanied by footprints and even an imprint of the letter “C” from the word “Greenpeace.”

“It’s a true slap in the face at everything Peruvians consider sacred,” said the country’s deputy culture minister, Luis Jaime Castillo, to the Associated Press. “They are absolutely fragile. They are black rocks on a white background. You walk there and the footprint is going to last hundreds or thousands of years. And the line that they have destroyed is the most visible and most recognized of all.”

The idea, Greenpeace said in an initial apology that expressed sorrow at the Peruvian people’s upset rather than remorse at having damaged the ancient site, was to catch the eye of delegates flying over the area en route to climate talks in Lima. Greenpeace’s volunteers had been “absolutely careful to protect the Nazca Lines,” Greenpeace spokeswoman Tina Loeffelbein told BBC News. But a photo taken by a drone and published in The New York Timesclearly shows footprints and even an imprint of the letter C in the area near the hummingbird.

Drone image of damage to Nazca Lines by Greenpeace message (Photo: Peru Ministry of Culture, via The New York Times)

Castillo told the Timesthat about a dozen activists trudged more than a mile through the desert to the forbidden area to place the letters. Greenpeace’s very attempt to mitigate any damage—by walking single file—may have exacerbated the damage, according to Castillo’s description.

“A bad step, a heavy step, what it does is that it marks the ground forever,” he told The New York Times. “There is no known technique to restore it the way it was.”

Greenpeace workers lay out letters for environmental message in delicate, and therefore restricted, territory in the Peruvian desert, damaging the famed Nazca Lines. (Photo: Rodrigo Abd/Associated Press)

Greenpeace has since released a second statement about the debacle.

“The decision to engage in this activity shows a complete disregard for the culture of Peru and the importance of protecting sacred sites everywhere. There is no apology sufficient enough to make up for this serious lack of judgment,” said Greenpeace U.S. Executive Director Annie Leonardon December 12. “I know my international colleagues who engaged in this activity did not do so with malice, but that doesn’t mitigate the result. It is a shame that all of Greenpeace must now bear.”

She acknowledged that the “Nazca Lines situation has undermined the trust of many allies and supporters that we have been working so hard to build” and promised to earn back that trust.

“I know it will take time and substantial effort to rebuild the trust we have lost, and I am committed to doing that,” Leonard said. “I am also committed to ensuring that those responsible are held accountable and that we put safeguards in place to ensure that nothing like this happens ever again.”

“We are not ready to accept apologies from anybody,” Castillo told The New York Times. “Let them apologize after they repair the damage.”

Whatcom’s new Superior Court judge has tribal background

Raquel Montoya-Lewis, shown in her office at Fairhaven College in 2011, was appointed to a new seat on the Whatcom County Superior Court by Gov. Jay Inslee on Monday, Dec. 15, 2014.RHYS LOGAN | WWU — Courtesy to The Bellingham Herald — Raquel Montoya-Lewis, shown in her office at Fairhaven College in 2011, was appointed to a new seat on the Whatcom County Superior Court by Gov. Jay Inslee on Monday, Dec. 15, 2014.
RHYS LOGAN | WWU — Courtesy to The Bellingham Herald

By Ralph Schwartz, Bellingham Herald

Whatcom County will have its first Native American Superior Court judge in 2015.

When Raquel Montoya-Lewis begins her term in January, she also will be the only Superior Court judge of tribal descent in the state.

Gov. Jay Inslee announced Monday, Dec. 15, he had appointed Montoya-Lewis to Whatcom County Superior Court. Montoya-Lewis, 46, is from the New Mexican tribes Pueblo of Laguna and Pueblo of Isleta. She is chief judge for the Nooksack and Upper Skagit tribes, and an associate professor at Western Washington University’s Fairhaven College.

“I’m really excited and honored to serve Whatcom County in this role,” Montoya-Lewis said in a phone interview on Monday. “I also recognize the importance of the appointment in terms of the question of diversity. I think it’s really important that the state court system reflect the people that it serves.”

“Raquel’s 15 years of experience as a judge will be well appreciated on the Superior Court,” Inslee said in a statement. “She is wise and has a strong commitment to service and to promoting justice. I know she will serve the community and the court exceptionally well.”

Montoya-Lewis was named this year to the Federal Advisory Committee on Juvenile Justice. She also is an appellate judge for the Northwest Intertribal Court System.

She was heartily endorsed by Bellingham City Council member Roxanne Murphy, a member of the Nooksack Indian Tribe.

“She has handled some of our most complex cultural, political and societal issues and managed these cases with the utmost care, intelligence, timeliness and fairness,” Murphy wrote in an email to the governor she sent on Wednesday, Dec. 10.

Montoya-Lewis has presided over the highly publicized “Nooksack 306” case in tribal court. The tribal council seeks to disenroll 306 members who the council says were mistakenly added to the rolls in the 1980s. The case has gone back and forth, but Montoya-Lewis has generally ruled in favor of the council, saying it has broad authority over membership decisions.

Montoya-Lewis remains the presiding judge in the case, and she said Monday she couldn’t comment on it.

The governor’s appointment stems from a bill passed by the 2013 Legislature authorizing a fourth Whatcom County Superior Court judge. Inslee’s selection comes two years after Deborra Garrett became the first woman to be elected to Whatcom County Superior Court. Besides gender balance, the appointment provides the court with another judge to take on the backlog of civil and felony criminal cases in the court.

“I think Raquel is going to be able to come in and hit the ground running,” Judge Charles Snyder said. “We’ll probably start giving her cases as soon as she gets in the door.”

Snyder sat with Montoya-Lewis on a panel discussing diversity in the legal system in 2012.

“I found her to be a very bright person who obviously has a good knowledge of the law,” Snyder said on Monday. “She will bring a new perspective, being the first Native American to come on the (Whatcom) bench.”

Montoya-Lewis emphasized her impartiality, regardless of who comes before her in the courtroom.

“There is certainly a large number of native people that come through the civil and criminal court in Whatcom County,” she said. “I think I will bring a unique perspective in serving that part of the community, but I see my role as serving the entire county. I see my role as being fair and neutral and unbiased.”

Court Case Is The Latest Battle In Water Wars Of The Skagit River

Richard Fox and his wife, Marnie, want to build a house and garage on their property near the Skagit River. The state says they can't have access to the water necessary to approve their building permit.ASHLEY AHEARN — Richard Fox and his wife, Marnie, want to build a house and garage on their property near the Skagit River. The state says they can’t have access to the water necessary to approve their building permit.
ASHLEY AHEARN

By Ashley Ahearn, Earthfix

SEDRO-WOOLLEY, Wash. — The house was going to be modest, 1,300 square feet with a big porch looking out over acres of fields. Next to it would be a garage with a caretaker’s apartment over it.

“I’m kind of an old guy already,” Richard Fox said, standing in the pouring rain on his property and gesturing to the spot where he and his wife’s dream retirement home was to be built. A handful of drenched cows looked on, vaguely curious.

“We’re not trying to break the law. We’re just trying to build a house. That’s all we’re trying to do,” he said. “Let us move on with our lives.”

Richard and Marnie Fox already have the plans in place. The well is drilled. The septic is in.

But Skagit County won’t issue them a building permit. By doing so, the county says, it would be violating a rule established in 2001 that says there has to be a certain amount of water left in the Skagit River to protect fish. And drilling more domestic wells like the Foxes’ will deplete the flow of the river.

The case will be heard Tuesday in Snohomish County Superior Court. The Washington Department of Ecology and the Swinomish Tribe are intervening in the case.

This is just the latest skirmish in an ongoing war over the future of water use in the Skagit River watershed. The Foxes are one of more than 450 homeowners who have been denied access to well water because of what is called the Instream Flow Rule. The rule established a water right for fish that trumps property owners who want to tap into groundwater reserves after the rule went into effect in 2001.

The rule has meant precipitous drops of up to 80 percent in property values for those 450-plus homeowners because the state has effectively invalidated their water rights.

For those landowners and other would-be developers in the area it’s a tough pill to swallow; especially when it’s pouring rain and there are flood warnings in place for the Skagit River.

For Richard Fox, it doesn’t help that his property has turned into a mini-lake. But that is not always the case. During the late summer months conditions here and elsewhere in the Skagit basin are dry. That’s when groundwater is a critical source of water for the Skagit and its tributaries. If more property owners, like the Foxes, are allowed to suck groundwater out via their wells, that will take water away from fish when they need it most, Ecology and the Swinomish Tribe assert.

During the drier parts of the year, groundwater can make up between 40 and 90 percent of the water in Skagit River tributaries (of which there are more than 2,000), according to research done by the Department of Ecology in preparation for the 2001 Instream Flow Rule. Other research from the U.S. Geological Survey supports those findings.

“This is the critical timing problem that we face,” said John Rose, a hydrogeologist with the Washington Department of Ecology. “We have these periods where the primary amount of inflow into our rivers is groundwater. It happens when we’re having the biggest drawdown due to human use and then right immediately afterwards, when we’re at the lowest levels, is when you have the fish runs.”

It may seem like an intractable problem, but Ecology has been exploring ways to offset the water usage of new development by installing rainwater catchment systems and trucking in water. Ecology is also speaking with hydropower operators on the river – Puget Sound Energy and Seattle City Light – to see about getting them to release more water from above the dams during those late summer months to accommodate the higher demand.

However, the dam operators have their own set of problems, as they face a future with less glacial runoff to supplement their reservoirs.

Rainwater catchment systems present an added cost for property owners, as do water truck deliveries.

“It’s just not necessary,” said Zachary Barbornias of Just Water Alliance. “Who’s going to pay for that?” Just Water Alliance has joined with Washington Realtors, the Building Industry Association of Washington, the Washington State Farm Bureau and others to petition the state to repeal the instream flow rule, arguing that Ecology’s proposed mitigation attempts are costly and “provide little or no actual benefit to instream resources.”

Zachary Barborinas is the head of the Just Water Alliance, which opposes the instream flow rule because it limits development. Credit: Ashley Ahearn.

“We support all of the habitat restoration that goes on and millions that are spent. We, as taxpayers, pay for that,” Barborinas said, “but Ecology at the same time should be setting aside water for people. That’s the bottom line.”

In 2006 Ecology brokered a deal with Skagit County that would have satisfied Barborinas and other landowners by changing water allocations in order to allow for development in the Skagit basin. The Swinomish Tribe sued Ecology, saying it had no right to change the rule to allow for any more wells. That battle went all the way to the State Supreme Court, which ruled in favor of the Swinomish in October of last year.

The Fox case represents the next round in the ongoing legal battle between development interests and environmental interests in the Skagit watershed, and it is wearying for everyone.

“Washington State Supreme Court has ruled on this issue already,” said Larry Wasserman, referring to the 2013 State Supreme Court decision. Wasserman is the environmental policy director for the Swinomish Tribe, which is intervening in the Foxes’ case on Tuesday. He’s worked on this issue on behalf of the tribe for more than 20 years. “This is settled law and the science behind that rule and that law has been well established, well vetted and supported fully by the Washington Department of Ecology.”

The Swinomish and other tribes argue that the river has been depleted, bit by bit, as each new home or development has gone in over the years and no further groundwater depletion should be allowed.

“At some point you reach a point where any additional impact is too much,” Wasserman said. “And if we say, ‘Well just these 400 or 500 landowners’ [which would include the Foxes], what happens to the next landowner that comes along and makes the same argument, and the next one after that? The issue is we have an inadequate amount of water right now.”

The Swinomish Tribe and Ecology have both indicated that they will appeal if the court rules in favor of granting the Foxes a building permit on Tuesday. And so the fight will go on, with countless more dollars spent on legal fees by the state, the tribes and building interests.

“This is kind of ground zero for the state right now for water issues,” Barborinas said. State legislators have been meeting with interested parties in the Skagit to brainstorm possible legislative solutions to the water fight.

Cascadia’s Locked Fault Means Massive Earthquake Is Due in Pacific Northwest: Seismologists

U.S. Geological Survey/AP PhotoThe mechanics of a subduction zone. — U.S. Geological Survey/AP Photo
The mechanics of a subduction zone.

Terri Hansen, Indian Country Today

The Cascadia fault in the Pacific Northwest is locked up, meaning that a massive megathrust earthquake could occur at any time, seismologists are warning.

“It’s impossible to know exactly when the next Cascadia earthquake will occur,” said Evelyn Roeloffs of the U.S. Geological Survey, speaking last year on the 313th anniversary of a massive quake that hit in 1700—the last major one in the region. “We can’t be sure that it won’t be tomorrow, and we shouldn’t make the mistake of assuming we have decades to prepare.”

The tectonic plates normally glide and rub against each other, but periodically they become wedged together. When the fault quits sliding and becomes “locked” in place, it builds energy until it finally ruptures, relieving hundreds or thousands of years of stored-up stress in seconds, Roeloff said.

Now, earthquake scientists from Canada and the U.S. who monitor seismic activity along the Cascadia coast have concluded that the dangerous fault line is fully locked, which carries serious implications for an earthquake in the Pacific Northwest.

“What is extraordinary is that all of Cascadia is quiet,” University of Oregon geophysics professor Doug Toomey told the Associated Press earlier this month.

Research on the Cascadia Subduction Zone in 2012 and 2013 led researchers to similar conclusions.

A big unknown, Toomey told AP, is how much strain has accumulated since the plate boundary seized up, and how much more strain can build up before the fault rips and unleashes a possible magnitude 9.0 megaquake and tsunami.

“If there were low levels of offshore seismicity, then we could say some strain is being released by the smaller events,” Toomey told AP. “If it is completely locked, it means it is increasingly storing energy, and that has to be released at some point.”

Toomey said he is “very concerned” and said it is imperative that people in the Northwest continue to prepare for a big earthquake.

Cascadia’s Subduction Zone is a very long, very dangerous undersea fault that divides the Juan de Fuca oceanic and the North America continental plates. It runs from British Columbia down through Washington and Oregon and into northern California, as does a volcanic mountain range.

The fault has produced at least seven magnitude 9.0 or greater megathrust earthquakes in the past 3,500 years, a frequency that indicates a return time of 300 to 600 years.

The massive earthquake on the night of January 26, 1700, was one of the world’s largest. The Cascadia fault ruptured along a 680-mile stretch, from the middle of Vancouver Island to northern California, producing tremendous shaking and a huge tsunami that swept across the Pacific.

The oral history of the Makah Tribe in Washington tells of a huge earthquake that happened in the middle of the night long ago. Those who had heeded their elder’s advice to run for high ground survived. After spending a cold night in the hills with animals that also had fled the rushing waters, the survivors found that their village, along with neighboring coastal villages, had completely washed away, leaving no survivors.

Today it’s quite common to see cars backed into parking spaces in the tribal coastal villages in Washington so that in the event of a tsunami warning, drivers can make a fast getaway to higher ground. And at least one tribe, the Quileute Nation, is moving its coastal village away from the tsunami danger zone.

An emergency kit and plan are important first steps in being prepared. Download the Red Cross Earthquake Safety Checklist to learn more. Those with smart phones can text “GETQUAKE” to 90999 or search “Red Cross Earthquake” for their mobile app in the Apple App Store for iPhones or Google Play for Android.

Interior Sends Nearly $1.5 Million in Purchase Offers to Landowners with Fractional Interests at Squaxin Island Indian Reservation

Source: Native News Online

WASHINGTON – Deputy Secretary of the Interior Mike Connor Wednesday announced that nearly $1.5 million in purchase offers have been sent to more than 600 landowners with fractional interests at the Squaxin Island Indian Reservation in Washington through the Department’s Land Buy-Back Program for Tribal Nations (Buy-Back Program). Interested sellers will have until January 26, 2015, to return accepted offers.

The Buy-Back Program has successfully concluded transactions worth more than $300 million and has restored the equivalent of nearly 500,000 acres of land to tribal governments.

“This Program – developed in partnership with Cobell plaintiffs – is an exceptional opportunity that cannot be taken for granted. As we enter our second year of sales for this voluntary program, we will continue our commitment to reach as many interested landowners as possible across Indian Country,” said Deputy Secretary Connor. “We must ensure that landowners are given every chance to make informed decisions about the potential sale of their land at fair market value.”

The tribe will host an outreach event on Monday, December 15, from 5-7 p.m. PT at the Squaxin Island Tribe Community Kitchen, 10 SE Squaxin Lane, Shelton, Wash. The event will feature speakers from the Buy-Back Program, notary public services, and staff available to help landowners with questions about their offer packages. Landowners can contact the tribe’s staff at: 877-387-3649 or 360-426-9781.

The Buy-Back Program implements the land consolidation component of the CobellSettlement, which provided $1.9 billion to purchase fractional interests in trust or restricted land from willing sellers at fair market value within a 10-year period. Individuals who choose to sell their interests receive payments directly into their Individual Indian Money (IIM) accounts. In addition to receiving fair market value for their land based on objective appraisals, sellers also receive a base payment of $75 per offer, regardless of the value of the land.

Consolidated interests are immediately restored to tribal trust ownership for uses benefiting the reservation community and tribal members.

Sales of land interests will also result in up to $60 million in contributions to the Cobell Education Scholarship Fund. This contribution by Interior is in addition to the amounts paid to individual sellers, so it will not reduce the amount landowners receive for their interests.

There are approximately 245,000 owners of nearly three million fractional interests, spanning 150 Indian reservations, who are eligible to participate in the Buy-Back Program.Many see little or no economic benefit from what are often very small, undivided interests in lands that cannot be utilized due to their highly fractionated state.

The Department recently announced 21 additional locations where the Program will begin implementation, bringing the total number of locations actively engaged in the Buy-Back Program to 42. This total represents 83 percent of all outstanding fractionated ownership interests.

Landowners can contact the Trust Beneficiary Call Center at 888-678-6836 with questions about their purchase offers. Individuals can also visit their local Office of the Special Trustee for American Indians (OST) or Bureau of Indian Affairs (BIA) office, or find more information at www.doi.gov/buybackprogram/landowners in order to make informed decisions about their land.

Obama Names Two Tribes Among 16 Climate Action Champions Nationwide

Indian Country Today

Two tribes are among 16 communities across the U.S. designated by President Barack Obama as Climate Action Champions, “a diverse group of communities that are defining the frontier of ambitious climate action, and their approaches can serve as a model for other communities to follow,” the White House said on December 3.

The Blue Lake Rancheria Tribe of California and the Sault Ste. Marie Tribe of Chippewa Indians each won for a diversity of efforts in preventing, preparing for and adapting to climate change.

The designees “have considered their climate vulnerabilities and taken decisive action to cut carbon pollution and build resilience,” the Obama administration said. All were winners in a nationwide competition launched by the Department of Energy during the fall that was designed to identify and recognize climate leaders as well as provide them with federal support in mitigating and adapting to climate change.

The federally recognized Blue Lake Rancheriatribe of California created its climate action plan back in 2008, the White House said, calling it “a regional leader in strategically planning and implementing both climate resiliency and greenhouse gas reduction measures.”

Such measures include reducing energy consumption by 35 percent, committing to reduce greenhouse gas emissions 40 percent by 2018, powering public buses with biodiesel fuel and adopting other energy-efficiency initiatives.

The tribe’s overall environmental programs date back to 1997, according to its website, and are rooted in a deep-seated sense of responsibility not only to its own lands but to those outside the borders.

“The Blue Lake Rancheria’s responsibility to protect the land does not stop at the boundaries of the Rancheria,” the tribe’s environmental pagesays. “The ancestors of Tribal Membership ranged all across the spectacular landscape of Northern California. Further, they had a relationship with the land that was immediate, personal, and binding—and that relationship continues through their descendants. Respect and stewardship of the environment is a powerful tenet of the Tribe’s philosophy and operations today.”

In Michigan, the Sault Ste. Marie Tribe of Chippewa Indians“demonstrates a holistic approach to climate action and preparedness through their energy strategy, emergency operations plan, integrated resource management plan, solid waste management plan, sustainable development code, and land use planning process, with ambitious goals including a net-zero energy goal,” the White House said. “The tribe aims to reduce greenhouse gas emissions by four percent per year.”

Sault Tribe Environmental Program Manager Kathie Brosemer credited the tribe’s diverse efforts in not only climate change but food security, emergency preparedness, waste reduction and other areas, she said in a statement.

“I am so proud of my administration’s Natural Resources, Health, Traditional Medicine, Housing, Law Enforcement, and Planning in pulling together our call to action to protect our Aki (Mother Earth),” said Tribal Chairperson Aaron Payment in the Sault Ste. Marie statement. “I appreciate the President recognizing our excellence.”

Each community will be mentored and coached by other experts from various federal programs, the White House statement said. In addition, each one will be assigned a coordinator to act as a liaison between the federal agencies, national organizations and foundations that are supporting the designees. The coordinator will also scout out and notify the champions of any funding and technical assistance that they are eligible for.

Such support includes tribal-focused technical assistance geared specifically toward the two designated communities. The two tribes will be eligible to participate in the DOE Office of Indian Energy Strategic Technical Assistance Response Team (START) program, which provides in-depth technical know-how. Other customized technical assistance will be offered as well, the administration said, along the lines of support for projects and programs that promote the development of clean, efficient energy.

Meet DOE Tribal Energy Expert David Conrad

Inslee warns of ‘malarkey’ and ‘assault by polluting industries’

By Joel Connelly, Seattle PI

Washington is going to witness “an assault by polluting industries” against efforts to reduce carbon pollution and retool the state’s economy around growth of clean energy, Gov. Jay Inslee warned a supportive Seattle audience on Friday.

Inslee: The polluters are coming, the polluters are coming

Inslee is preparing a four-day “agendathon” next week in which he will unveil education, transportation, pollution and tax proposals. He previewed his proposal, in populist tones, to a Washington Budget and Policy Center Conference.

The polluters — he didn’t name names — will “try to convince low income people that asthma is not a problem, that ocean acidification is not a problem,” Inslee charged. He warned that arguments by greenhouse gas emitters, perfected in California, will be deployed up the coast.

“The polluting industries are going to spend unlimited resources, unlimited dollars to convince you that unlimited pollution is a good idea,” Inslee exclaimed. ”You’re going to read the op-eds. You’re going to see the television commercials. It’s a bunch of malarkey.”

The governor’s remarks offered a prelude to what might become the state’s second seminal public battle over pollution and protecting its environment.

Republican Gov. Dan Evans went on a statewide television hookup in 1970, appealing over the heads of Republican and Democratic legislators who were blocking a package of laws that created the Washington Department of Ecology. Evans won the face off.

Four decades later, the state Republican Party is demonizing Inslee’s carbon-reduction program before it is even introduced. The GOP has raised the prospect of $1-a-gallon gasoline price increases. Such a gas price hike “is not going to happen,” Inslee said Friday.

The governor said his carbon reduction/energy program, which he will outline at REI’s Seattle store next Wednesday, is not just “happy granola.”

He will, said Inslee, present a program to reduce emissions of carbon dioxide. “It is the law of this state that we reduce carbon pollution to 1990 levels by the year 2020,” Inslee said.

The program will include not-yet-specified incentives to “grow our economy, grow jobs and reduce economic inequality” in Inslee’s words. He has, as candidate, book coauthor (“Apollo’s Fire”) and governor touted clean energy industries as the 21st century’s path to economic growth.

Inslee talked of a recent meeting with inner city school students who live along the Duwamish Waterway, next to an industrial Superfund site and close by a freeway.

“What these students were showing was that there is an incredible increase in asthma the closer you get to the freeway,” Inslee said.

“We don’t find many high tech millionaires living next to freeways and large industrial areas” — Gov. Inslee. The Duwamish River, an EPA Superfund site, pictured from the air. Photo by Paul Joseph Brown, Seattle Post-Intelligencer

The governor argued that all forms of pollution hit hardest at low-income residents. “We don’t find many high tech millionaires living next to freeways and large industrial areas,” said Inslee.

The governor even evoked forest fires — increasing in scope and intensity with global warming — as a source of pollution that hurts the poor. He made specific reference to the 230,000-acre Carelton Complex fire in north-central Washington last summer.

“You know who is really suffering in the Okanogan Valley right now? It’s the low-income folk,” said Inslee.

(Several of the governor’s most prominent “green” contributors have summer homes in the Methow Valley upriver from the scene of the fires.)

The passion in Inslee is genuine, a conservationist ethic that began when his biology teacher father took him to Carkeek Park and explained the life cycle of a clam. The governor has warned of ocean acidification and its danger to the state’s $300 million-a-year shellfish industry.

At the same time, however, a Republican-controlled state Senate will have great influence over his agenda. The “green” color of Seattle-area technology firms is balanced by refineries, railroads, industrial ports and resource industries.

Republican State Sen. Baumgartner: Warns against tax, revenue proposals that would disrupt economic recovery.

Just before Inslee went on, state Sen. Michael Baumgartner, R-Spokane, warned the liberal audience that the state faces difficult choices and flagged opposition to any proposals that would hurt the state’s business climate.

Inslee can take hope in results of a new statewide business poll, conducted for Gallatin Public Affairs and the Downtown Seattle Association.

A majority of likely voters, at 53.7 percent, said it would support a tax on carbon if the levy is offset by lower sales and business taxes, with only 32.6 percent opposed.

A California-style cap and trade approach, a “free enterprise” solution once lauded by Republicans — but now decried as “cap and tax” by such figures as Sarah Palin — was favored by 51.4 percent of those surveyed.

Inslee is set on framing the statewide debate.

At one point Friday, he declared: “What we can’t tell these (low-income) kids is they are going to have to swallow asthma.”

Domestic Violence: You’re Not Fooling Anyone But Yourself

A pile of bedroom doors was building up outside the house.

Lynn Armitage, Indian Country Today

A collection of old bedroom doors began to pile up beside our house. To the neighbors and anyone who walked by, it probably looked like a major home renovation was under way inside. In fact, that’s exactly what I told them.

But if anyone had looked a little closer, they would have noticed an odd similarity about each of those doors: They all had big, splintery holes in them toward the bottom, about the size of a man’s foot.

See, it wasn’t a home renovation after all. Inside my house, behind doors and windows that I would rush to close when the shouting started, a relationship was being ripped off its hinges. One by one, those doors had been kicked in during fits of rage by the man I lived with—and loved. He had a problem controlling his temper sometimes. At least that’s what he told me.

The real problem was that just about anything angered him. Inattentive waiters, surly sales clerks, slow drivers. Anyone who got in his way or didn’t give him due respect incurred his wrath. Especially me and my “controlling nature.”

Even though our relationship was splintering like that real and metaphorical pile of rotting wood outside, we continued to fake it and live up to everyone’s expectations of us as the happy little couple. We threw parties at our new home, invited friends over for barbecues and summer swims. No one really knew what was going on behind our slammed, kicked-in doors. By this time, I had been called a “fucking bitch” and “idiot” so many times that they now felt like endearments.

I had become the Great Pretender.

My sisters knew bits and pieces, but I didn’t tell them everything. I was too ashamed for them to see that their strong, feisty sister had been reduced to this shadowy nub of a woman. My oldest sister was not fooled.

“Lynn, he’s crushing your spirit,” she would say.

My neighbors were not fooled either. I would later learn that I didn’t need to frantically shut the windows to soundproof his rage because they could hear him screaming loudly and clearly at me anyway.

There are many reasons why domestic violence victims try to hide the abuse from family, neighbors and friends. For me, it was shame and embarrassment that my “man radar” had been so far off. I was the smart sister, so how could I be so stupid?

Vivian Clecak is the co-founder and chief executive officer of Human Options in Orange County, an emergency shelter for battered women and children. She understands all too well why I covered up my abuse.

“Ours is a culture that makes a big deal out of romance—the fancy wedding, the white dress,” she said. “Women are considered responsible for relationships. So when something goes wrong, like abuse, the woman is ashamed and embarrassed. Not only does she blame herself, but society also blames her. Again and again, society asks: ‘What’s wrong with her?’ ‘What did she do to cause it?’ ‘Why did she stay?’ ”

Clecak said there is another dynamic in play, too, about why women pretend everything is perfect at home when it is far from it.

“The couple’s bond is very strong even when there’s abuse,” she said. “He promises it will get better, and maybe it will for four or five months. She desperately wants to believe him because it’s her home and her family.”

If you suspect a friend is being abused, Clecak said, start a conversation.

“Don’t be afraid to ask if you are worried about someone,” she said. “Don’t be afraid to give them the hotline number. People will talk about it when someone cares enough to ask.”

In my case, I’m not sure that would have helped. I wasn’t ready to give up my fantasy of the white picket fence just yet. We still had children to bring into the world.

Part 2: Domestic Violence: If the Abuse Is so Bad, Why Do You Stay?

Part 3: Domestic Violence: Women Must Never Forget How Powerful and Sacred They Really Are

Let’s help empower each other by keeping the conversation going about domestic violence. We invite you to share your story of abuse with us on Twitter at #WhyThisNativeStayed and #WhyThisNativeLeft, as part of the campaign started by CNN a few weeks ago, #WhyIStayed and #WhyILeft.

Lynn Armitage is an enrolled member of the Oneida Tribe of Indians of Wisconsin.

Tribes Reluctant To Follow Northwest Voters On Legal Marijuana

File photo. Northwest tribes are in no rush to legalize marijuana.Austin Jenkins Northwest News Network — File photo. Northwest tribes are in no rush to legalize marijuana.
Austin Jenkins Northwest News Network

By Jessica Robinson, NW News Network

The U.S. Department of Justice this week opened the door to a legalized pot market on tribal land.

But many Northwest tribes appear to be in no rush to go in the direction of Oregon and Washington voters.

The Department of Justice said it will treat Indian tribes that legalize pot with the same hands-off prosecutorial approach that it’s treated states with legal pot. That means there could be a potentially lucrative marijuana business on reservations even in states like Idaho, where pot remains illegal.

But it’s still up to the tribe.

Charles Sams of the Confederated Tribes of the Umatilla Indian Reservation said drug law enforcement is a matter of public health.

“The tribe will continue to prosecute and cite those folks who are in violation of those laws,” he said.

In Washington, the Yakama Nation wants to ban sales both on its reservation and on millions of acres of surrounding land where it has treaty rights.

The Department of Justice decision came as a surprise to many tribes. The policy adviser for the Coeur d’Alene Tribe in north Idaho said legalizing pot hadn’t even been on the tribe’s radar.