Keystone XL ‘black snake’ pipeline to face ‘epic’ opposition from Native American alliance

The proposed Keystone XL pipeline. Image: U.S. State Department
The proposed Keystone XL pipeline. Image: U.S. State Department

By Jorge Barrera, January 31, 2014. Source: APTN National News

A Native American alliance is forming to block construction of TransCanada’s proposed Keystone XL pipeline which still needs final approval from U.S. President Barack Obama after the State Department released an environmental report indicating the project wouldn’t have a significant impact Alberta tar sands production.

Members from the seven tribes of the Lakota Nation, along with tribal members and tribes in Idaho, Oklahoma, Montana, Nebraska and Oregon, have been preparing to stop construction of the 1,400 kilometre pipeline which is slated to run, on the U.S. side, from Morgan, Mon., to Steel City, Neb., and pump 830,000 barrels per day from Alberta’s tar sands. The pipeline would originate in Hardisty, Alta.

“It poses a threat to our sacred water and the product is coming from the tar sands and our tribes oppose the tar sands mining,” said Deborah White Plume, of the Oglala Sioux Tribe, which is part of the Lakota Nation in South Dakota. “All of our tribes have taken action to oppose the Keystone XL pipeline.”

The U.S. State Department released its long awaited environmental report on TransCanada’s proposed pipeline Friday. The report found that the pipeline’s operation would not have a major impact on Alberta tar sands production which is also at the mercy of market forces.

“Approval or denial of any one crude oil transport project, including the proposed project, is unlikely to significantly impact the rate of extraction in the oil sands or the continued demand for heavy crude oil at refineries in the United States based on expected oil prices, oil sand supply costs, transport costs and supply-demand scenarios,” said the report.

The project will now go into a final phase which focuses on whether Keystone XL “serves the national interest.” Pipeline’s environmental, cultural and economic impacts will be weighed in this phase and at least eight agencies will have input on the outcome, including the Department Defence, Justice, Interior, Commerce, Transportation, Energy, Homeland Security and the Environmental Protection Agency.

A 30-day public comment period will also be initiated on Feb. 5.

The State Department is also in the midst of probing conflict-of-interest allegations levelled against contractors who both worked on the report and for TransCanada.

The Lakota Nation is preparing for the eventuality the pipeline receives approval. The nation has led the formation of a project called “Shielding the People” to stop the pipeline. The Lakota also launched a “moccasins on the ground” program to train people in Indigenous communities to oppose the pipeline.

There are also plans to set up spiritual camps along the pipeline’s route. But when and where those camps will spring up remains a closely guarded secret.

“It will band all Lakota to live together and you can’t cross a living area if it’s occupied,” said Greg Grey Cloud, of the Rosebud Sioux Tribe. “If it does get approved we aim to stop it.”

Gary Dorr, from the Nez Perce Tribe in Idaho, was in Rosebud Friday for a meeting to discuss opposition to Keystone.

The Nez Perce tribe has already used its treaty rights to block the transport of so-called megaloads of mining equipment headed to Alberta’s tar sands through its territory. The tribe launched blockades and won a court battle to stop the shipments from traversing its lands.

“It will be obvious, it will be concrete, and I think once it starts and they start building you will start to see the momentum and the force of the tribal people…it is an epic project, it will have an epic response from the tribal people,” said Dorr. “The tar sands is already affecting the people (for Fort Chipewyan in Alberta), climate change is already obvious. To facilitate that is not something the Native people of the U.S. are going to do. We are not going to sit idly by and let it happen.”

The pipeline has been called the ‘black snake’ in reference to prophecies that had previously been linked to construction of highways and railways. In recent ceremonies, however, discussions sifting through the prophecies noted that the black snake goes under ground.

“That would be a referral to the pipeline,” said Dorr.

Paula Antoine, who works for the Rosebud Tribe’s land office, said while the pipeline does not cross any Lakota reservation lands, it comes close, sometimes metres away. Antoine said the pipeline, however, cuts through their treaty territory, sacred sites and waterways.

“They aren’t recognizing our treaties, they are violating our treaty rights and our boundaries by going through there,” said Antoine. “Any ground disturbance around that proposed line will affect us.”

The battle lines have already been drawn in tribal council chambers. The Oglala Sioux Tribe passed a resolution Friday banning TransCanada and former AFN national chief Phil Fontaine, who has been hired by the energy firm to deal with First Nations opposition to its Energy East project in Canada, from entering its territory.

The resolution received unanimous consent,said White Plume.

The Lakota, Dakota and Nakota make up the Lakota Nation. The nation includes the tribes of Rosebud, Oglala and the Cheyenne Indian reservation, the Yankton Sioux Tribe, Standing Rock, Flandreau Sioux Tribe and the Crow Creek Sioux Tribe.

Shuttle available from Bellingham to Super Bowl parade

By Dave Gallagher, Bellingham Herald

BELLINGHAM – Bellair Charters is offering a 12th Man Fan Bus to bring Seahawk fans to Seattle for the Super Bowl champion celebration parade.

The bus will leave the Sunset Square Kmart parking lot at 8:15 a.m. Wednesday, Feb. 5, making additional stops in Burlington and Tulalip. The bus will arrive at the Seattle Convention Center at 10 a.m., five blocks from the main parade route. The parade starts at 11 a.m. and goes down 4th Ave. (south of Denny Way) to Century Link field.

“There is so much excitement about the Seahawks, that we wanted to offer an easy way to get to the parade,” said Bellair Charters President Richard Johnson in a news release.

The Fan Bus will depart from Seattle at 3 p.m. The round-trip cost is $20 per person. To book seats, passengers can call the Bellair Charters / Airporter Shuttle reservations line at 1-866-BELLAIR (235-5247).

More information is available at airporter.com.

Landmark Court Case Settled in Favor of Tribal Online Lenders

Source: Blue Earth Marketing

Louisville, Colorado—Fredericks Peebles & Morgan LLP, a national tribal law firm announced this week a victory in the state of California for two Tribal online lenders:  the Miami Tribe of Oklahoma and the Santee Sioux Nation of Nebraska.  The California Court of Appeals has affirmed the dismissal of a suit by the State of California against online lenders owned by the two federally recognized Indian tribes. The suit was an attempt by the State to shut down the sovereign Tribes’ online lending businesses and impose penalties for alleged failure to comply with the California laws governing short-term loans.

This case comes in the wake of a series of other states’ efforts to shut down various tribal lending operations around the country.  States have mounted campaigns to restrict and control tribal lending operations in their state even though federally recognized Indian Tribes are not subject to state laws in general and are regulated primarily through Federal Indian law.  This issue has gained widespread publicity around the country in the last several months.

This California case has now re-affirmed that federally recognized Indian Tribes are sovereign nations, not subject to state control.  The court decision will significantly impact other states and other Tribes throughout the country as the issue of tribal sovereignty has been under attack on many fronts over the last several years.

In this case, California claimed that loans made by the Tribes are not enforceable under California law because the Tribes are not licensed in California and the loan fees exceed California’s enforceable rates.  In a ruling issued on January 21, 2014 the Court of Appeals rebuffed the State’s claims, finding that the Tribes’ lending activities “are subject to tribal laws governing interest rates, loans and cash advance services,” and that California’s lending laws are not enforceable against the Tribal lenders.  The Court went on to find that “there can be little question” that the Tribally-owned lenders “function as arms of their respective tribes” and therefore are not subject to the jurisdiction of the State of California.

The Court observed that due to the relocation of these Tribes to remote and severely depressed regions, revenues from these loans are “essential to maintaining a functioning tribal government able to provide necessary services to the tribe’s members.”

The decision marks the second appellate court ruling in favor of these sovereign Tribal lenders in less than a month.  In December 2013, the Colorado Court of Appeals dismissed the State of Colorado’s appeal of the lower court’s nearly-identical finding that these sovereign Tribal lenders were arms of their respective Tribes and are not subject to that State’s jurisdiction.  In both the California and Colorado proceedings, the Courts affirmed the imposition of monetary sanctions against the respective states for their litigation misconduct committed during the course of the litigation.

The California Court of Appeals decision, California v MNE, Case No. B242644, may be found here.

The Miami Tribe of Oklahoma operates its sovereign lending business through MNE Services, Inc., a 100% tribally-owned subdivision and arm of the Miami Tribe. MNE Services, Inc., which is licensed and regulated by the Miami Tribe of Oklahoma, does business under the tradenames Ameriloan (www.Ameriloan.com); USFastCash (www.USFastcash.com); United Cash Loans (www.unitedcashloans.com); Advantage Cash Services (www.advantagecashservices.com); and Star Cash Processing (www.starcashprocessing.com).

The Santee Sioux Nation operates its sovereign lending business through SFS, Inc., a 100% tribally-owned subdivision and arm of the Santee Sioux Nation.  SFS, Inc., which is licensed and regulated by the Santee Sioux Nation, does business using the trade name OneClickCash (www.oneclickcash.com).

The tribal lenders were represented in both appeals by Fredericks, Peebles & Morgan, LLPFredericks Peebles & Morgan LLP is dedicated to the representation of American Indian tribes and Native American organizations throughout the United States. Legal services provided by Fredericks Peebles & Morgan LLP include a wide spectrum of services related to Indian concerns in the areas of business transactions, litigation, and governmental affairs.  For more information on the firm, please visit their website at www.ndnlaw.com.

Propane Shortage + Arctic Cold = State of Emergency on Standing Rock Sioux Reservation

standing_rock_sioux_propane_tanks-kfyrtv

Source: Indian Country Today Media Network

The Standing Rock Sioux have declared a state of emergency over a lack of propane gas for heating during the coldest of winter weather.

A national shortage has made supplies scarce and increased prices, making it difficult to procure propane and nearly impossible to afford, NBC News affiliate KFYR-TV reported on January 30. On the Standing Rock Sioux Reservation, up to 90 percent of residents rely on propane for heating. Many are being displaced by the cold weather because they can’t afford propane that has in some cases doubled in price per gallon.

“They’re already on a fixed income, so they have to make a choice. Do we need heat or do we need food?” Tribal Chairman Dave Archambault told KFYR.

Tribal members are reluctant to lean on already strapped and overcrowded family members, so the tribe has set up shelters in Wakpala, South Dakota and Fort Yates, North Dakota. that some are staying in. The American Red Cross has been on hand as well, supplying emergency meals to the shelters, while its Black Hills Area Chapter has provided cots and blankets, the agency said in a statement.

As recently as a month ago, Archambault told KFYR-TV, $500 would have bought enough propane for more than a month of heating. But in current frigid temperatures that’s only lasting two or three weeks, he said.

States across the Midwest are dealing with the propane shortage, Reuters reported on January 24. It is compounded by its reliance on trucking for transport, as well as by the diversion of some supplies to normally temperate southern states such as Alabama, Georgia and Tennessee, Reuters said.

Some relief is in sight, as the U.S. Department of Health and Human Services on January 30 released $439 million for the Low Income Home Energy Assistance Program nationwide, $3.4 million of which goes to North Dakota. American Indian tribes are slotted to get $817,000 of that, the Associated Press reported.  This comes on top of the initial funding of $2.9 billion nationwide allocated in November, the AP said.

Political representatives praised the release of new funds, which came on the heels of appeals to President Barack Obama for more funds from the governors of Iowa and Wisconsin. In North Dakota there was bipartisan support for the move as U.S. Senators John Hoeven, R-N.D. and Heidi Heitkamp, D-N.D., issued statements praising the release of funds.

“Our Native American brothers and sisters, as well as families all across North Dakota, are feeling the pain of two sharp swords—a particularly brutal winter and sky-high propane prices,” Heitkamp said.

 

Read more at http://indiancountrytodaymedianetwork.com/2014/02/03/propane-shortage-arctic-cold-state-emergency-standing-rock-sioux-reservation-153393

Greenhouse classes at the Hibulb Cultural Center begin Feb 12

We would like to invite you to attend our greenhouse classes at the Hibulb Cultural Center beginning this month. We are looking forward to another garden season of good food, new friendships and great memories!
 
This year we have something special to announce: We are partnering with WSU Snohomish County Master Gardeners Foundation to grow vegetables and herbs for our Tulalip garden programs, our local food bank and many other Snohomish county master gardener food bank gardens. We welcome you to come alone or bring your family to any of the greenhouse classes we provide. There is plenty of work for all gardening levels.
 
See the flyer for dates and times. For more info contact Veronica Leahy, 360.716.5642 or vleahy@tulaliptribes-nsn.gov

 

Gardening_Web

Focusing on the National and International Levels

Source: Water4fish

TAHOLAH, WA –  “Securing the rights of sovereign Tribal governments takes constant effort and perseverance at many levels,” said Fawn Sharp, President of the Quinault Indian Nation, the Affiliated Tribes of Northwest Indians and  Northwest Regional Vice President of the National Congress of American Indians (NCAI). This past week, some of the focus was on the national and international levels, she said. Sharp completed a round of talks with the US Department of State in Washington DC early this week, exploring how American Indian governments and the US government can formalize an agreement on policies to be considered by the United Nations-sponsored World Conference on Indigenous Peoples.

The World Conference on Indigenous Peoples will be a meeting of the 194 member governments of the United Nations considering how best to implement the UN Declaration on the Rights of Indigenous Peoples—a document that affects the rights and interests of American Indians, Alaskan Natives, Native Hawaiians and hundreds of other indigenous peoples around the world.

“We have begun talks to formalize a framework between our governments so we can more effectively negotiate balanced solutions to problems such as climate change, damages caused by development to indigenous territories, and improving economies in tribal territories,” said President Sharp.

During the course of the week, Sharp consulted with Swinomish Chairman Brian Cladoosby, who was recently elected President of NCAI, and was joined in the talks by Colville Confederated Tribes Chairman Michael Finley who also serves as First Vice President of NCAI. He stressed his strong endorsement of President Sharp’s proposals to the Department of State, which urged development of an intergovernmental framework agreement that will ensure that the US government and Indian governments work closely and harmoniously as they engage UN member states at the World Conference of Indigenous Peoples in September.

President Sharp and other tribal leaders from across the country will continue talks with representatives of the Department of State in February.

President Sharp further noted, “We have been conducting talks with the Department of State since last August and expect we will come to a mutual agreement on an intergovernmental framework concerning the UN conference in February.”

The Quinault government has been leading discussions with the US government and several UN Member States regarding the World Conference and facilitating joint Indian government meetings to ensure the maximum participation of Indian peoples in plans for the World Conference.

 

Following is a link to the UN Declaration on the Rights of Indigenous Peoples, 2007

Tulalip TERO Construction Training Begins Feb 3

TERO Construction Training Center class begins Monday February 3rd; for 8 weeks (8am to 3pm Monday through Thursday).

Accredited through Edmonds Community College; preference requirements and space is limited.   

See attached flier or contact Lynne Bansemer for more information, 360.716.4746 or lbansemer@tulaliptribes-nsn.gov

CIT Construction FLyer II

 

 

 

 

Cedar Grove threatens to sue clean air agency

 

By Bill Sheets, The Herald

EVERETT — Attorneys for Cedar Grove composting have told the Puget Sound Clean Air Agency they might sue the agency if its officials continue to make statements the company believes to be false regarding a recent odor study.

The $375,000 study was conducted last year by the clean air agency using electronic odor monitors and the observations of 11 volunteers. It was aimed at determining the source or sources of offensive odors in the Snohomish River Delta.

Results of the study, released Jan. 23, showed mixed results.

The volunteers and the monitors differed in their impressions. The volunteers, who live in Marysville and north Everett, reported smelling compost or fresh waste far more than any other odors. Electronic monitors, or “e-noses,” reported strong smells coming from the Everett and Marysville wastewater treatment plants, as well as from Cedar Grove.

The e-noses were placed at Cedar Grove, the Everett and Lake Stevens wastewater treatment plants and the Cemex plant in north Everett. The monitors were purchased from Odotech of Montreal, Canada.

A monitor was not placed at the Marysville sewage plant because city officials there opposed the study, and did not give permission. Data for that location was generated by a computer model, including weather information, officials said.

In a letter dated Jan. 26, Cedar Grove attorneys cited previous news stories in which agency officials openly discussed aspects of the study they believed to be contradictory or inconclusive.

“The agency must immediately cease and desist making statements unsupported by the scientific evidence in the odor project that are harmful to Cedar Grove,” Seattle attorney Michael E. Patterson wrote. “If the agency refuses to do so, Cedar Grove will consider its legal options.”

Clean air agency officials seemed unfazed by the letter at a public meeting in Everett on Thursday. They discussed the study candidly with about 15 people who attended.

On Friday, agency Director Craig Kenworthy sent a letter to Cedar Grove’s law firm, Patterson Buchanan Fobes & Leitch, in response.

“Our agency disagrees with the assertions in your letter regarding our opinions on the Community Odor Monitoring Project,” Kenworthy wrote.

He went on to say that the agency plans to continue to comb the data for insight and hopes to meet with Cedar Grove, Everett and Marysville.

The study is just one step in trying to determine the source or sources causing the stench, he said.

Two parts of the study need to be examined further.

First, there’s no explanation for the discrepancy between the human observers’ data and the electronic data.

Second, more work needs to be done to determine how odors can spread in calm atmospheric conditions, said Steve Van Slyke, compliance manager for the clean air agency.

Computer modeling before the study was based partly on average wind conditions, and the study year — October 2012 to November 2013 — was considerably calmer than normal.

That makes the data harder to interpret, officials said.

While the information is useful, the technology has limitations, agency officials said.

“It can do part of what the human nose can do, and there are things it can’t do,” Van Slyke said. “The e-nose can’t tell you if what is smelled is unpleasant or not. That’s a human response.”

In Patterson’s letter, he said statements by the Clean Air Agency “repeatedly disregard Odowatch results without providing a sound foundation for the determination to do so.

For example, Patterson wrote, “the agency summary states that Odowatch ‘cannot establish the actual odor concentration of any offsite location at any specific time.’”

He added, “There is little doubt that a scientific, tested, and proven system, such as Odowatch, has greater reliability than completely subjective methods of analysis — such as using the human nose.”

Patterson went on to say that nearly 80 percent of the odor observations were made by three of the 11 volunteers.

And two volunteers were involved in class-action lawsuits pending against Cedar Grove. A third has called in numerous odor complaints, Patterson wrote.

Before the study, Cedar Grove agreed to the use of volunteers in addition to the e-noses.

Marysville city administrator Gloria Hirashima said the results validate the city’s position from the beginning — that the study was a waste of time and money. The source of the stink is Cedar Grove, she said.

“In some ways the study tried to complicate an issue that the odor observers could tell you is relatively straightforward,” she said.

“Because of the weather conditions, which cannot be controlled, it made the modeling unreliable. At our site, it was all modeling.”

Cedar Grove put $200,000 into the study, with Seattle, King County and the clean air agency pitching in the rest. Cedar Grove, which also has a location in Maple Valley in King County, collects yard and food waste from haulers in Snohomish and King counties and turns it into compost that it sells for use in gardens

In 2011, Cedar Grove was fined $119,000 for odor violations. That amount was applied to the company’s share of the odor study.

The city of Seattle and King County pitched in $100,000 and $50,000, respectively. The Clean Air Agency is spending $25,000.

Odor study
The Puget Sound Clean Air Agency’s odor study is available online at tinyurl.com/mmd3yon.

 

Prep girls basketball: Tulalip Heritage 58, Grace Academy 51

Source: The Herald

MARYSVILLE — Adiya Jones scored a game-high 30 points to lead Tulalip Heritage to the Northwest 1B win. Naomi Tuttle paced Grace Academy with 12 points.

At Grace Academy

Tulalip Heritage 16 9 9 24 — 58

Grace Academy 19 14 9 9 — 51

Tulalip Heritage—Myrna Redleaf 0, Adiya Jones 30, Shania Moses 0, Desirae Williams 5, Kaela Tyler 8, Santana Shopbell 6, Michelle Iukes 9. Grace Academy—Piper Wright 2, Marion Emme 6, Julianna Bethune 11, Hailey Bryson 3, Danica Kline 0, Naomi Tuttle 12, Kayla Lee 0, Emily Van Dam 6, Jasmin Robinson 11. 3-point goals—Iukes 2, Williams 1, Tyler 2, Tuttle 1. Records—Tulalip Heritage 8-0 league, 13-2 overall. Grace Academy 7-4, 7-8.

Like our high school sports page on Facebook, follow @HeraldNetPreps on Twitter and look for updates on our Prep Zone blog.

Nike’s New Seattle Seahawks Uniforms Inspired by Native Totem Poles

Source: Indian Country Today Media Network

This article was originally published on 4/5/2012

Nike made “new” uniforms for all 32 football teams in the NFL.  In reality, they simply made technological advancements to material of the uniforms themselves, making them sleeker, tighter, and more strategically padded. As Mark Parker, CEO of Nike, told the USA Today, the jerseys are up to thirty percent lighter, they’re made with a four-way stretch that gives players a more contoured fit with less material for tacklers to grab, and there’s built-in padding in certain parts of the uniforms. “It’s extra layers where you need it and none where you don’t,” he told the USA Today. As for the actual look of the uniforms, most of the 32 teams in the leagues saw no discernible change in their logos, colors and designs…save for the Seattle Seahawks. USA Today reports that the Portland, Oregon-based Nike drew on design features from the team and company’s home in the Pacific Northwest, and were inspired by the rich Native history of the region. Specifically, Nike drew on the designs taken from totem poles, making the bird on the helmet come to a significant point on the back.  Instead of the Seahawks taking an Indian name and image for their mascot and logo, they’re simply allowing themselves to be inspired by the history and heritage of Native peoples of their region. See for yourself below, and let us know what you think:

The Seahawks helmet was redesigned in 2012 themed off of a seahawk bird taken from Native American cutlure
The Seahawks helmet was redesigned in 2012 themed off of a seahawk bird taken from Native American culture

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Read more at http://indiancountrytodaymedianetwork.com/2014/01/20/nikes-new-seattle-seahawks-uniforms-inspired-native-totem-poles-153180