Senate Indian Affairs Committee sets hearing on land buyback

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Source: Indianz.com

The Senate Indian Affairs Committee will hold a hearing on Wednesday to discuss the Land Buy-Back Program for Tribal Nations.

The Cobell settlement provided $1.9 billion for Indian landowners who want to sell their fractionated interests. The program is entirely voluntary.

The Obama administration initially planned to make the first purchases by the end of this year. That doesn’t appear to be happening as the Interior Department recently said it would expand outreach efforts through March 2014.

“This is a major step forward toward strengthening tribal sovereignty by supporting consolidation of tribal homelands,” Interior Secretary Sally Jewell said in a press release last month. “We are moving quickly to establish individualized cooperative agreements, which address the specific needs of each tribe and provide resources for tribal communities to implement the program. Although the task ahead is challenging, we have been given a historic opportunity to work together with Indian Country to meet this challenge.”

The Indian Land Consolidation Act requires DOI to pay “fair market value” for the fractionated interests. Once they are acquired, the land will placed in trust for tribes.

Wednesday’s hearing takes place at 2:30pm in Room 628 of the Senate Dirksen Office Building. It coincides with a nomination hearing for the Special Trustee for American Indians.

Committee Notice:
OVERSIGHT HEARING to receive testimony on “Implementation of the Department of the Interior’s Land Buy-Back Program.” (December 11, 2013)

Hopi Tribe loses bid to stop auction of sacred property in France

Source: Indianz.com

The Hopi Tribe of Arizona lost a bid to stop the auction of sacred property in France.

The Drouot auction house sold 32 masks today, the Associated Press reported, after a judge approved the sale. One item went for $136,000, the AP said.

The U.S. Embassy in Paris asked the auction house to delay the sale. The collection also included items from the San Carlos Apache Tribe and Zuni Pueblo.

 

Get the Story:
Auction House Ignores US Plea to Delay Hopi Sale (AP 12/9)
US attempts to halt Paris auction of sacred Native American artefacts (The Guardian 12/8)
French Court Allows Auction of Hopi Artifacts to Proceed (The New York Times 12/6)

 

Related Stories:
Hopi Tribe files suit to block auction of sacred property in France (12/3)

Descendants of treaty signer face disenrollment in Oregon

Marilyn Portwood, center, is shown with members of her family. All are among those facing disenrollment from the Confederated Tribes of the Grand Ronde. (Photo by Leah Gibson/Indian County Today Media Network).
Marilyn Portwood, center, is shown with members of her family. All are among those facing disenrollment from the Confederated Tribes of the Grand Ronde. (Photo by Leah Gibson/Indian County Today Media Network).

Source: Vince Devlin, Buffalo Post

As Grand Ronde Tribal Chairman Reyn Leno celebrated Restoration Day with a speech honoring tribal members who held onto their Indian identity even as the government tried to take it away, Mia Prickett said it brought tears to her eyes.

Prickett is one of 79 family members – whose ancestor Tumulth signed the 1855 Willamette Valley Treaty – facing disenrollment by the Oregon tribes, according to a story on Indian Country Today Media Network by Kevin Taylor.

“Hearing council talk about how difficult it was to go through termination and how termination took away their membership and took away their identity and tried to strip them of their heritage and took away their home. … Hearing them say that, I also felt threatened, that they’re doing this same thing to their membership right now and there was not even a bat of an eye as [Leno] read this prepared script about termination. There was no remorse in it. No acknowledgment that we are in the room and feeling that our days are numbered.”

The tribes were celebrating the 30th anniversary of President Ronald Reagan signing the Grand Ronde Restoration Act, which ended three decades of termination. In the years since, the tribe opened a casino and enrollment jumped from about 3,500 members to almost 6,000.

Taylor reports at ICTMN that having a treaty signer as an ancestor was once enough to qualify for tribal enrollment, but that has changed. Tumulth, Taylor reported, was executed by the U.S. Army in 1856 and before the tribe – which joined together 27 disparate tribal bands and communities – was formally created.

The issuance of per-capita payments has also created tensions, and appears to have created a schism between people who were enrolled before or after the casino. “Before the casino, we were enrolled and we were welcomed into the tribe. And now that the casino is there … well, I think greed is definitely a factor for some,” said Nicomi Levine, another member of the Tumulth descendants.

ICTMN says 15 members have been disenrolled this year, and hearings on Pickett’s family were slated to start as early as Monday.

Northeast states pissed at Midwest states over coal pollution

By John Upton, Grist

The governors of eight Northeastern states are fed up with the air pollution that blows their way from states to their west.

In the latest high-profile move to crush the antiquated practice of burning coal in the U.S., the governors filed a petition with the EPA today that seeks more stringent air quality regulations on coal-burning states such as Ohio, Kentucky, and Michigan. That’s because pollution from those states’ coal-fired power plants reaches the Atlantic coastline, sickening residents there. From The New York Times:

 

[There is] growing anger of East Coast officials against the Appalachian states that mine coal and the Rust Belt states that burn it to fuel their power plants and factories. Coal emissions are the chief cause of global warming and are linked to many health risks, including asthma and lung disease.

Gov. Dannel P. Malloy of Connecticut, who is leading the effort by East Coast governors to crack down on out-of-state pollution, called it a “front-burner issue” for his administration. …

Mr. Malloy said that more than half the pollution in Connecticut was from outside the state and that it was lowering the life expectancy of Connecticut residents with heart disease or asthma. “They’re getting away with murder,” Mr. Malloy said of the Rust Belt and Appalachia. “Only it’s in our state, not theirs.”

And there’s more big air pollution news this week. From the Times:

The petition comes the day before the Supreme Court is to hear arguments to determine the fate of a related E.P.A. regulation known as the “good neighbor” rule. The regulation, officially called the Cross-State Air Pollution Rule, would force states with coal pollution that wafts across state lines to rein in soot and smog, either by installing costly pollution control technology or by shutting the power plants.

Bloomberg reports on that “good neighbor” court case:

The Supreme Court will hear arguments over reviving an EPA rule that would limit sulfur dioxide and nitrogen oxide emissions in 28 states whose pollution blows into neighboring jurisdictions. All are in the eastern two-thirds of the country.

The U.S. Court of Appeals for the D.C. Circuit struck down the rule. It said the regulation was too strict and that EPA didn’t give states a chance to put in place their own pollution-reduction plans before imposing a nationwide standard. The Obama administration and environmental groups are appealing.

Some energy companies have been powering down their coal-fired stations, citing financial losses, but plenty of coal-burning plants are still pumping out pollutants. In October, Wisconsin Energy Corp. sought permission to shutter its 407-megawatt Presque Isle coal-fired power plant in Michigan. The request was denied by the regional grid operator, which said the region couldn’t manage without the power plant’s electricity supply. The grid operator is now in talks over compensation, to help the energy company continue operating the plant at a loss.

The Supreme Court case could decide the fate of Presque Isle and many other coal plants, so it’s one to watch. Another air-pollution case is also being argued tomorrow, this one in the D.C. Circuit Court over the EPA’s mercury rules. “This is the biggest day for clean air in American courts — ever,” John Walke of the Natural Resources Defense Council told Bloomberg.

Feds will let wind farms kill eagles for 30 years

By John Upston, Grist
“Whaaat?”

The Obama administration recently sent a big message to the wind energy industry, imposing a $1 million fine under the Migratory Bird Treaty Act for a wind farm that killed birds in violation of wildlife rules.

On Friday, the administration sent a different message when it moved to make such rules more lenient.

The U.S. Fish and Wildlife Service said it would begin handing out permits that give wind companies permission to unintentionally kill protected bald and golden eagles for 30 years, provided they implement “advanced conservation practices” to keep the number of deaths low. Such permits had previously been capped at five years.

 

Some wildlife advocates were appalled by the move, which they had opposed. From The Hill:

In a statement sent to The Hill, the president of the National Audubon Society, David Yarnold, said that the administration “wrote the wind industry a blank check,” and indicated that a court challenge court be in the works.

“We have no choice but to challenge this decision, and all options are on the table,” he added.

The wind energy industry, meanwhile, tried to put the bird-killing habits of some of its operators in context, pointing out that similar “take” permits are available for dirty energy producers. From an American Wind Energy Association blog post by John Anderson, an expert on turbine siting, which, when done well, can be one of the best ways of avoiding bird deaths:

The wind industry does more to address its impacts on eagles than any of the other, far greater sources of eagle fatalities known to wildlife experts, and we are constantly striving to reduce these impacts even further. In fact, the wind industry has taken the most proactive and leading role of any utility-scale energy source to minimize wildlife impacts in general, and specifically on eagles, through constantly improving siting and monitoring techniques.

Remember, the federal government won’t be handing out permits allowing wind turbine owners to kill birds carte blanche. “The permits must incorporate conditions specifying additional measures that may be necessary to ensure the preservation of eagles, should monitoring data indicate the need for the measures,” the new regulation states.

Controversial Video Set on Rez Depicts Drug Use, Violence and Sundance

Source: Indian Country Today Media Network

A music video (below) for the tune “Alive,” by UK drum-n-bass artists Chase & Status and directed by Josh Cole is attracting attention in Indian country for its subject matter. The clip depicts young Natives living on a reservation who struggle with crack addiction and commit crimes to fund their habits. After an epiphany, the young man who is the main character of the video is seen in a sweat lodge and participating in a sundance ceremony.

Now, Cole is under fire from critics on Twitter who feel that the video exploits the usual media narrative about reservation life (“poverty porn,” as it’s sometimes been called) or cheapens the sundance ceremony by depicting it. Cole argues that the video was made with the consent and help of Blackfeet Natives on the rez in Browning, Montana, where it was filmed.

The video’s YouTube page includes a note expressing “thanks to the whole Blackfoot Nation and The Crazy Dogs Society for making us feel at home” as well as credits for the cast, which appears to consist largely (if not fully) of Native actors.

 

Read more at http://indiancountrytodaymedianetwork.com/2013/12/05/controversial-video-set-rez-depicts-drug-use-violence-and-sundance-152586

6 Questions With USDA’s Kunesh & the Need for Tribes to Use Programs

Brenda Austin, ICTMN

Patrice Kunesh is the Deputy Under Secretary for the U.S. Department of Agriculture’s Rural Development (USDA-RD). She began her tenure at the USDA on May 22, 2013, and among her many responsibilities are the oversight of Operations and Management, the Office of Civil Rights and she also works with the state directors.

According to a USDA press release, during fiscal year 2013, Rural Development’s electric programs invested a historic high of $275 million for new and improved electric infrastructure to more than 80,000 American Indians and Alaska Natives. That total includes a loan for copy67 million to the Navajo Tribal Utility Authority in Arizona. Through their Community Facilities program, Rural Development invested copy14 million this year in 73 loans and grants, representing a 600 percent increase over FY 2012. Of that funding, $3 million (24 grants) was provided to tribal colleges and universities. Rural Development also made their largest single investment to a tribe this year to help the Mississippi Band of Choctaw Indians finance a new healthcare facility in the form of a $40 million direct loan and a copy0 million loan guarantee.

Deputy Under Secretary Kunesh recently spoke with Indian Country Today Media Network about Rural Development’s program assistance to American Indian tribes, goals for 2014 and her own interest in Indian country.

With your background in tribal law, governance and economic development, what made you want to make the leap to USDA Rural Development?

It was an opportunity I couldn’t refuse. I was teaching at the University of South Dakota School of Law and received a call from the White House asking if I would consider coming to Washington D.C. and working on behalf of Indian Affairs in the Solicitors Office at the Department of the Interior (DOI).

Then around the election I received another call from the White House saying that I have done good work for the Administration and would I consider branching out. They asked me where might I go and the USDA was at the top of my list.

In the back of my mind I have always had great admiration and appreciation for USDA. As a young mother of two little ones I had received food stamps for a number of years. I also was a recipient of WIC (Women, Infants, and Children) vouchers. I lived in public housing and went to public health clinics. It was a precarious time for me. I was able to continue my education and earn a college degree because I had food stamps.

Rural Development is about serving rural America, and Indian country is synonymous with rural America. And the needs of rural America are synonymous with the needs of Indian country.

USDA Rural Development has invested in tribal infrastructure, housing, education and health, both in grant funding and loans. Is there anything that tribe’s can or should be doing to take advantage of what Rural Development has to offer?

I don’t think tribes are doing enough. Tribes don’t know generally what we can do in terms of our programs and in terms of housing, business and utility infrastructure.

One of the things I am doing with my colleagues in Natural Resource Conservation Services, the Farm Service, the Office of Tribal Relations and our Food and Nutrition Services is to spread the word wherever we possibly can. So as busy as this week was with our observances of Native American Heritage Month and the White House Tribal Leader Summit we are working with other federal agencies such as the Departments of Energy, Commerce and the U.S. Treasury, as well as the Department of the Interior, to let tribes know there is a whole host of support that we can provide to them that they may not realize is available to them.

To my great surprise and tremendous appreciation I find that Rural Development alone last year invested $660 million in Indian country. That is tribal colleges and tribal schools, health clinics and an abundance of housing that we have built on Indian reservations.

But more than the investments that Rural Development has made in terms of funding, we have really forged wonderful relationships with Indian tribes. And much of this work in the field has taken many years of developing the trust, rapport and respect of tribal leaders, and to help provide the technical assistance tribes may need to get the grant or loan application in to be awarded these funds.

What are your goals for working with tribes in 2014?

In 2014 we are going to be trying to establish significantly more partnerships across the federal government and with tribes. Our top priority right now is that we need Congress to provide a comprehensive multi-year Food, Farm and Jobs Bill as soon as possible so we can ensure for all Americans, as well as tribal governments, that Congress is committed to supporting rural America and Indian country.

We need to put nutritious food on the table in Indian country and we need to invest in good food for tribal youth in schools. We need to continue improving infrastructure in tribal communities and that goes well beyond community centers and clinics – it’s about growing local and regional food systems to feed Indian people. It’s about reviving traditional foods that tribes have historically cultivated. It’s educating Native students at every level. So we have tremendous goals both in Rural Development and throughout the USDA.

With the current state of our economy, under funded health care and the effects of sequestration on tribal governments and employees, what relationship would you like to see this year between Rural Development and tribal nations?

We can only do this work in partnership – and the partnership between the federal government and Indian tribes is really based on a legal obligation, and I would say a moral obligation. This partnership has been our purpose since we participated in the first White House Tribal Nations Conference in 2009, but it goes beyond that in terms of trust responsibility and a trust relationship that drives us to work with tribes across the nation.

This year president Obama established the White House Council on Native American Affairs and that is to further expand the federal tribal collaboration and understanding. We are proud of our results thus far. I think we have stepped up to provide a coordinated response to many of the needs in Indian country.

We also have to recognize that our veterans have served our nation with great pride and are part of the picture here too. Native American veterans have served in greater percentage per population than any other segment of the population. We truly see that as remarkable, but also an opportunity for us to give back to them to support them and to include them in our work in very meaningful ways.

Do you believe current funding for Rural Development is at a level that can meet the needs of American Indian and Alaskan Native programs?

Definitely no. The budget is not sufficient to meet the needs in Indian country, but it’s not sufficient to meet the needs in rural America either. Rural America is the heart of the United States and the work that rural America does drives the U.S. economy in terms of feeding us and supporting all the things that we need in the U.S. and is so incredibly important. The budget is not sufficient and we really do need to look at funding levels that truly are reflective of the contributions that rural America makes and what we can provide to enhance that as well.

You are invested in Native communities and are personally of American Indian descent, did you grow up in a rural environment knowing your tribal culture and traditions?

My mother was a member of the Standing Rock Sioux Tribe and her father was born on the Fort Berthold Reservation in North Dakota and grew up on the Standing Rock Reservation. My grandfather left the reservation due to the harsh conditions at the time in the early 1900s.

I grew up in Minnesota knowing and feeling very grateful for our Indian family on the reservation. My father worked for Indian tribes through the Youth Conservation Corp and we participated in more of the Ojibwe culture at the time then the Lakota or Sioux communities. At that time it was the American Indian movement and a lot of Indian people were very concerned about how we were going to maintain cohesive coherent cultural ways and build strong tribal governments. And I think it was from that work and from hearing my mother talk about growing up on the reservation that I decided this is what I want to do with my life. I decided I wanted to do what I can to improve and secure the wellbeing of Indian children. That is how I started my work and that’s how I think of my work right now – through the lens of child wellbeing.

 

Read more at http://indiancountrytodaymedianetwork.com/2013/12/09/6-questions-usdas-kunesh-need-tribes-use-programs-152578

Prep boys basketball: Tulalip Heritage 84, Yakima Tribal 59

Source: The Herald, December 13, 2013

MARYSVILLE — Payton Comenote scored 25 points and Shawn Sanchey grabbed 10 rebounds to go along with his four steals as Tulalip Heritage defeated Yakima Tribal in a nonleague game.

At Tulalip Heritage H.S.

Yakima Tribal 14 17 17 11 — 59

Tulalip Heritage 22 26 23 13 — 84

Yakima Tribal–Isiah Strom 9, Jospeh Sanchey 5, Justin Shike 2, Donovan Arquette 9, Andrew Hoglin 17, Justin Shilow 12, Michael Gamboa 1, Shane Iko 4. Tulalip Heritage–Dontae Jones 9, Brandon Jones 5, Robert Miles 12, Shawn Sanchey 11, Keanu Hamilton 21, Alan Enick, Payton Comenote 25. 3-point goals–Comenote 4, Miles 2, Sanchey, Strom 2, J. Sanchey, Hoglin 2, Iko. Records–Yakima Tribal not reported. Tulalip Heritage 3-0.

Prep boys basketball: Tulalip Heritage 56, Mount Vernon Christian 52

Source: The Herald, December 6, 2013

MOUNT VERNON — Keany Hamilton scored 20 points and added eight rebounds and five steals as Tulalip Heritage defeated Mount Vernon Christian in a nonleague game. Jonathan deHaan led the Hurricanes with 20 points and two 3-pointers in the loss.

At Mount Vernon Christian H.S.

Tulalip Heritage 12 18 14 12 — 56

Mount Vernon Christian 15 13 13 11 — 52

Tulalip Heritage–Dontae Jones 7, Brandon Jones 4, Robert Miles 7, Shawn Sanchey 13, Keanu Hamilton 20, Willy Enick 5. Mount Vernon Christian–Tyler Houtsma 11, Jonathan deHaan 20, James Hurd 7, Riley Hood 3, Andrew Graves 8, Joshua Twedt 5. 3-point goals–Hamilton 3, Sanchey 3, D. Jones, Enick 1, Houtsma, deHann 2, Hurd 1. Records–Tulalip Heritage 2-0 overall. Mount Vernon Christian 0-2.

Prep girls basketball: Tulalip Heritage 62, Mount Vernon Christian 55

Source: The Herald, December 6, 2013

MARYSVILLE — Adiya Jones-Smith scored 31 points and Tulalip Heritage beat Mount Vernon Christian in a nonleague game at Tulalip Heritage H.S.

Mount Vernon Christian 6 19 18 12 — 55

Tulalip Heritage 19 9 20 14 — 62

Mount Vernon Christian–Natalie Sakuma 9, Kimber-Lynn Anderson 3, Jacqueline Case 19, Melyssa Whitener 5, Grace Kuipers 13, Rooyen 4, Noste 2, Kennedy Lucas 0. Tulalip Heritage–Katia Brown 6, Adiya Jones-Smith 31, Shania Moses 0, Paris Verda 2, Desirae Williams 0, Aliya Jones 4, Kaela Tyler 19, Santana Shopbell 0. 3-point goals–Sakuma, Anderson, Case 2, Kuipers 3, Tyler 2. Records–Mount Vernon Christian 1-1 overall. Tulalip Heritage 2-0.