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Groundbreaking Conference to Discuss Legalizing Marijuana in Indian Country

The, tribes of marijuana is a growing trend in discussions from Washington, D.C. to state government offices and most recently on tribal reservations. In February the subject matter will be placed front and center at a groundbreaking national conference focusing on legalization in Indian country.

The legalization of pot in Indian country came into focus as the federal government announced in 2014 that it would allow tribal nations to legalize marijuana on their reservations.

According to media reports, as of December there were only three tribes showing interest in entering the marijuana business. In a December ICTMN story, it was reported that it is always “a good thing anytime the federal government moves to let Indian nations control their own affairs.” But could marijuana legalization be too much of a good thing? This conference will hopefully help answer that question.

Tribal leaders, executives, entrepreneurs and Native health and social work professionals, and law enforcement personnel will be on hand to examine the legal, political and social policy implications of marijuana legalization in Indian country, as many tribal governments are already addressing the subject matter. The conference will be held February 27 at the Tulalip Resort Casino in Quil Ceda Village, Washington.

Odawi Law PLLC and Harris Moure, PLLC are co-sponsoring the conference to help “leaders in Indian country fully understand the wide-ranging issues associated with embarking on the development of tribal marijuana legislation and considerations of commercial marijuana cultivation, manufacture and distribution in tribal jurisdictions,” according to a press release.

Robert Odawi Porter, conference co-sponsor and organizer, is a leading attorney in tribal sovereignty and treaty rights protections and former president of the Seneca Indian Nation where he witnessed first-hand issues surrounding the selling of another plant based product – cigarettes.

Porter has witnessed a change in social attitudes towards marijuana use which is paving the way for the significant numbers of new legislation in states across the country.

“Given recent developments, we are excited to announce this historic opportunity for tribal leaders to gain a better understanding of the implications of marijuana legalization in their territories,” Porter said. “We are bringing together some of the best, most experienced lawyers and commentators at the intersection of Indian law and marijuana law to share their experience in addressing the evolving issues surrounding recreational and medicinal marijuana usage in Indian country. Our goal is to pursue a balanced discussion of the important legal, business, social, and cultural questions that would inevitably affect Native societies were legalization to occur.”

Medicinal marijuana is legal in 33 states, and legal for persons over the age of 21 in four states. Legalized recreational use, however, is currently in two states: Washington and Colorado. The United States Department of Justice in October of last year issued a “Policy Statement Regarding Marijuana Issues in Indian Country.” Within the statement, the DOJ addressed law enforcement concerns by stating it will continue its enforcement priorities “in the event that sovereign Indian Nations seek to legalize the cultivation or use of marijuana in Indian country.”

The Tribal Marijuana Conference is also co-sponsored and co-organized with on of the foremost legal experts and premier cannabis business attorneys in the country – Hilary Bricken. The cannabis attorney provides a wealth of knowledge and experience with marijuana regulations, including testifying in front of state and federal government panels.

“There exists enormous new market potential for commercial marijuana initiatives on Native lands,” Bricken said. “This conference will extract the regulations and the legal and policy issues that are in place to assist Native leaders as they consider the myriad possibilities before they begin to embark on a path of commerce involving cannabis. This is an unparalleled opportunity for tribes to participate in a growing sector of commerce and diversify their economies, yet there is much to be considered to ensure successful implementation of tribal policy and law.”

For more details on the Tribal Marijuana Conference and registration information contact: Erica Curnutte at erica@harrismoure.comat (206) 224-5657 or rob@odawilaw.comor hilary@harrismoure.com.

Cladoosby’s State of Indian Nations: ‘We Must Tear Down Barriers’

Vincent SchillingNational Congress of American Indians President Brian Cladoosby held up an Iroquois Wampum belt as a gesture of mutual respect between all Indian Nations during his State of Indian Nations address last week. — Vincent Schilling
National Congress of American Indians President Brian Cladoosby held up an Iroquois Wampum belt as a gesture of mutual respect between all Indian Nations during his State of Indian Nations address last week.

Vincent Schilling, Indian Country Today

The National Congress of American Indians President Brian Cladoosby (chairman of the Swinomish Nation) delivered the State of Indian Nations Address Thursday in Washington, D.C. at the Newseum Knights television studios to a full house of members of Congress, senior Administration officials, and leaders of tribal nations.

The event, which was livestreamed on the NCAI channel, was viewed all over Indian country with a reported 50 or more ‘viewing parties’ all over the country.

In addition to Cladoosby’s call on Congress and the Obama Administration to act to improve tribal economies, invest in education, and support innovation, Senator John Barrasso (R-WY) the new chair of the Senate Committee on Indian Affairs, delivered the Congressional response.

In his opening, President Cladoosby optimistically remarked on the growth of Indian country but mentioned that in order to foster continued growth we would need to tear down further barriers. “Indian country is leading. Indian country is innovating. Indian country is growing. And the state of Indian nations grows stronger by the day.”

“Today, I bring a simple message from the tribes of the 21st Century: We must tear down barriers to growth, simplify regulations that are limiting opportunities, and acknowledge that tribes have the capability as governments to oversee our own affairs,” said Cladoosby.

“Congress and the Administration need to find ways to help bring federal agencies out of the 19th Century and into the 21st Century. We need them to be partners for growth and not barriers to growth.”

When Cladoosby remarked on the historic visit by President Obama to the Standing Rock Sioux Nation last year, he mirrored the words of President Obama by extending a personal invitation to Speaker Boehner (R-OH), Leader Nancy Pelosi (D-CA), Majority Leader Mitch McConnell (R-KY), and Minority Leader Harry Reid (D-NV) – as well as every Member of Congress to visit Indian country in 2015.

“Make it a goal to come to Indian country this year,” said Cladoosby.

Before outlining the plan and discussing the top level priorities of the NCAI Cladoosby personally remarked about the appreciation he had for his own father and for the contributions of the recently passed activist and leader Billy Frank Jr.

“As Billy put it, he wasn’t a policy guy, he was a getting arrested guy,” to which Cladoosby made the light hearted comment that though Billy was arrested more than 50 times for exercising treaty rights, Cladoosby would not be able to match the arrest record.

Cladoosby stated the priorities for the NCAI in 2015 to include their recent 130 page report The FY 2016 Indian Country Budget Request; Promoting Self-Determination, Modernizing the Trust Relationship, outlining a plan for funding the federal government’s trust responsibility through the budget process.

He also remarked on Congress to advance tribal tax reform to enable tribes to raise tax revenue free from overlapping state taxation, and to create incentives for business and jobs.

Other topics of importance introduced by Cladoosby were asking the federal government to partner with the private sector to increase broad band in Indian country, extending access to capital by recognizing the equal status of tribal governments to access tax exempt bonds and ensuring tribal inclusion in the New Markets Tax Credit Program, energy reform and the passage of Indian energy legislation.

Cladoosby also called on Congress and the Obama Administration to ensure that tribal nations should “have a seat at the policymaking table” by consulting with tribes on all policy issues such as the Keystone Pipeline, renewable energy, health care, and education.

Cladoosby emphasized the importance of Education in Indian country and asked Congress to reauthorize the Elementary and Secondary Education Act and should enact legislation that supports Native language programs.

He also expressed thanks to President Obama for introducing that the first two years of Community College should be free.

“I applaud President Obama’s proposal to make the first two years of tribal and community college free. It will finally make k-14 education a reality,” he said.

During the address Cladoosby also called on the Washington Redskins to change their name stating the #Redskin name to be is “the most offensive name to an American Indian. He also later held up an Iroquois Wampum belt as a gesture of mutual respect between all Indian Nations.

After Cladoosby’s address, Senator Barrasso delivered a congressional response to which he outlined his visions on energy and natural resource development, healthcare, juvenile justice, and tribal self-governance.

“The relationship between the United States and Indian tribes has not always been positive – and has not always served the people of Indian country well… As President Cladoosby stated, ‘we are not where we used to be.’

“My main priority is to help the people of Indian country live better lives. There are two tribes in my home state of Wyoming: the Eastern Shoshone Tribe and the Northern Arapaho Tribe. The tribal leaders of these two tribes have stated to me over the years how important good jobs, health care and public safety are to their communities,” Barrasso said.

“Addressing these fundamental needs can contribute significantly to improving the lives of Indian people. As Chairman of the Committee on Indian Affairs, my top priorities are jobs, energy and natural resource development, healthcare, juvenile justice, and tribal self-governance,” he remarked.

“The more progress we can make on these issues, the more progress we can make in helping families.”

Deal Would Allow More Gambling Machines At Tribal Casinos

By: Associated Press

TACOMA, Wash. (AP) — A tentative deal between Washington state and Indian tribes would allow more gambling machines at tribal casinos.

Over the years, the number of slot-style machines allowed has been set in prolonged and sometimes difficult negotiations, The News Tribunereported. But under the latest deal, the number — currently about 28,000 — would increase by 10 percent, and then automatically increase as market conditions dictate.

In theory, the number of machines could double over the next decade. But W. Ron Allen, with the Washington Indian Gaming Association, said that’s unlikely because the gambling market isn’t increasing that quickly.

The state Gambling Commission and four state lawmakers will vote next month on whether to send the deal to Gov. Jay Inslee for approval. At least one of those lawmakers, Republican Sen. Mike Hewitt of Walla Walla, said he opposes allowing the number of machines to increase in perpetuity unless the tribes agree to share some of their casino profits.

“In my opinion, this is probably the last shot we’ll ever get” to secure revenue sharing, Hewitt said.

Amy Hunter, who leads the commission’s communications and legal division, said that under the deal, state negotiators secured full compensation for the state’s costs for regulating the casinos. The existing fee arrangement falls short of that, she said.

The deal includes 27 of 29 tribes in the state — all but the Puyallup and Muckleshoot.

Under the terms, the gambling-machine limit would go up by 2,700, plus 1,350 more if the Cowlitz tribe in southwest Washington moves forward with a planned casino.

In any year that tribes come close to maxing out their new cap, the limit would rise again by another 1,350 statewide.

The long, steep climb of tribal gambling profits since casinos started opening in the 1990s leveled off last year, holding steady at $2.2 billion.

Tribal leaders say there isn’t enough demand for a major expansion of the gambling market. “I think it can only go so big anyway, and then the market is full,” said Mel Tonasket, vice chairman of the Confederated Tribes of the Colville Reservation.

Nontribal businesses can have card rooms but not slot-style machines. The state constitution allows gambling to be authorized only by supermajorities of lawmakers or voters.

That makes it hard for the nontribal businesses to see an expansion of tribal gambling proposed.

“It’s hard for us to sit back and watch an expansion of gambling which if we wanted, would take a 60 percent vote of the Legislature to get,” said Dolores Chiechi, executive director of the Recreational Gaming Association, which represents card rooms.

There’s not enough support in the Legislature for her group to resume its push for machines in card rooms this year, Chiechi said.

Investment Fund Pours Cash Into Cleaner, Greener Fish Farming

Eliza Barclay, NPR

Like it or not, our seafood increasingly originates not in the deep ocean but on fish farms hugging the coasts. Aquaculture already supplies about half of the world’s seafood, and global production is going to have to more than double by 2050 to meet demand, according to the World Resources Institute.

The business opportunity here is tremendous. Thousands of operations around the world now produce huge numbers of salmon, shrimp, mussels, tilapia and catfish, to name a few fish species that thrive on farms.

Not without significant cost, though — from pollution to antibiotic overuse to slavery, the global industry is rife with problems. But there also plenty of examples of fish being farmed in a way that may not endanger wild populations, deplete the ocean of them for feed or generate a lot of nasty waste.

Enter Aqua-Spark, an investment firm headquartered in Utrecht, The Netherlands. It wants to lend a hand to the small-and-medium sized businesses committed to producing safe and environmentally conscious farmed fish. When it launched in December with $10 million ready to deploy, Aqua-Spark became the world’s first investment fund focused on sustainable aquaculture. The money comes from 35 investors — one institutional, the rest private individuals — from seven countries who see an opportunity to make money in farming fish in new, responsible ways.

On Thursday, Aqua-Spark named the first two recipients of its funds. One is a California-based biotech company called Calysta that’s making a fishmeal substitute. The other is a tilapia operation in Mozambique called Chicoa Fish Farm that the fund hopes will be a model fish farm for all of sub-Saharan Africa. Together, they’re getting $4 million.

Mike Velings, Aqua-Spark’s founder and a managing partner, tells The Salt he’s confident these two companies could help transform the industry. And he says the fund has big plans to invest in a host of other innovative companies developing technologies and techniques for producing a lot of fish safely, with minimal impact on the environment.

Many producers of salmon and other carnivorous fish rely on smaller wild species like anchovies as a high-protein feed. (It takes about three pounds of these fish to produce one pound of farmed salmon.) But, as we’ve reported, stocks of these wild fish are strained.

Calysta, meanwhile, has created a product, called Microbial Protein, designed to ease the burden on these species. It’s a fish meal substitute made from microbes that occur naturally in the soil using fermentation. (Read my colleague Dan Charles’ recent story for more on how that works.) According to the company, the end result is “a nutritious, high protein feed that is a sustainable alternative to fishmeal.”

“So far, most of the real alternatives for fishmeal are more expensive, but we think Calysta’s product is something that’s really competitive,” Velings tells The Salt. “If you could … prevent anchovies and other little fish from being fished for aquaculture, you could tip the balance of the oceans globally.”

Calysta’s feed, which is sold in powder or pellet form, is approved in the European Union for use in salmon, as well as in pigs, chickens and cattle. That bodes well for approval from the U.S. Food and Drug Administration and other governments, says Velings.

Chicoa, the Mozambican tilapia farm, won support from Aqua-Spark because Velings says it has great potential for expansion and making a dent in the shortage of healthy protein in sub-Saharan Africa.

“There’s a deficit of 1.6 million tons a year of fish protein in Africa, and we want to help solve that by investing in multiple tilapia farms in different regions,” says Velings. “Chicoa is our foothold in the continent.”

Other aquaculture experts are optimistic about Aqua-Spark’s approach. “I think the private sector garners the most force out there, and I don’t see anybody else doing what they’re doing,” says Aaron McDevin, director of aquaculture at the World Wildlife Fund.

“We need to leverage examples of sustainable aquaculture, and with these investments, NGOs can start pushing the curve a little bit. We can say to big, mainstream fish buyers, ‘Why aren’t you looking at these feed alternatives to wild fish?’ “

Velings says the plan is for Aqua-Spark to raise $400 million by 2025.

Culvert replacement costs loom as a budget problem for lawmakers

By Christopher Dunagan, Kitsap Sun Puget Sound Blogs

While funding for Washington’s “basic education” remains a potential budget-buster, some legislators are beginning to worry about a $2.4-billion financial pitfall involving culverts and salmon streams.

Culverts that block significant habitat are represented by dots on the map. Washington State Department of Transportation — Culverts blocking significant habitat are represented by dots on the map of Western Washington.
Washington State Department of Transportation

In 2013, a federal judge ordered Washington state to replace nearly 1,000 culverts that block or impede fish passage along Western Washington streams. The $2.4-billion cost, as estimated by the Washington State Department of Transportation, amounts to about $310 million per biennium until the deadline of 2030.

Nobody has even begun to figure out how to come up with that much money, although the WSDOT has pretty well spelled out the problem for lawmakers.

In the current two-year budget, the state is spending about $36 million to replace fish-passage barriers, according to Paul Wagner, manager of the department’s Biology Branch. That’s not including work on major highway projects.

WSDOT is asking to shift priorities around in its budget to provide $80 million per biennium for fixing culverts.

Meanwhile, Gov. Jay Inslee’s 12-year transportation plan calls for increasing revenues to provide money for various improvements throughout the state, including $360 million for culverts spread over the 12-year period.

BEFORE, where a 5-foot round culvert carried Twanoh Falls Creek under Highway 106. Washington Department of Transportation — BEFORE, a 5-foot round culvert carried Twanoh Falls Creek under Highway 106 into Hood Canal.
Photo: Washington State Department of Transportation

Even if all that funding comes to pass, the state would only make it about halfway to the goal set by the court when the 2030 deadline passes.

Although funding is a serious matter, the effect of fixing the culverts sooner rather than later could boost salmon habitat and help with salmon recovery, transportation officials acknowledge.

Out of 1,982 fish barriers identified in the state highway system, more than three-quarters are blocking “significant” habitat — defined as more than 200 meters (656 feet). That’s from a fact sheet called “Accelerating Fish Barrier Correction: New Requirements for WSDOT culverts” (PDF 4.6 mb).

AFTER, a 20-foot bottomless culvert allows stream to flow more naturally Washington State Department of Transportation — AFTER, a 20-foot bottomless culvert allows the stream to flow more naturally.
Photo: Washington State Department of Transportation

As of 2013, the agency had completed 282 fish-passage projects, improving access to nearly 1,000 miles of upstream habitat. Another 10 projects were added in 2014.

Because the lawsuit was brought by 21 Western Washington tribes, the court order applies to 989 Western Washington culverts, of which 825 involve significant habitat. The case is related to the Boldt decision (U.S. v Washington), which determined that tribes have a right to take fish, as defined by the treaties, and that the state must not undermine the resource.

The court adopted a design standard for culverts known as the “stream simulation” model, which requires that the culvert or bridge be wider than the stream under most conditions and be sloped like the natural channel.

In an effort to gear up for culvert work, the Department of Transportation established four design teams to prepare plans for 34 fish-passage projects for the next biennium and scope out another 75 projects. State officials hope that by having teams to focus on culverts and bridges, design work will become more efficient. Agencies also are working together to streamline the permitting process.

In Kitsap County, the Highway 3 culvert over Chico Creek presents a real challenge for the department, Paul Wagner told me. Everyone recognizes the importance of Chico Creek, the most productive salmon stream on the Kitsap Peninsula. But replacing the undersized culvert with a new bridge would cost more than $40 million — more than the entire budget for culverts in the current biennium.

A culvert under Kittyhawk Drive was removed last summer next to the Highway 3 culvert. Kitsap Sun photo by Larry Steagall — A culvert on Kittyhawk Drive was removed last summer next to the Highway 3 culvert, which continues to affect the flow of Chico Creek.
Kitsap Sun photo by Larry Steagall

“There are a lot of culverts,” Wagner said, “and our challenge is that those on the state highway system are more complicated and involved.”

Not only are the state highways the largest, he said, but they usually cannot be shut down during construction. State highways typically have more complicated utilities and drainage systems, and work may require buying new right of way.

Those are all issues for Chico Creek, which was rerouted when the highway was built in the 1960s. The stream was directed into a new channel parallel to the highway, crossing under the roadway at a 90-degree angle.

The new design would restore the original channel, crossing under the road at a steep angle that makes for a longer bridge. The new route also could involve changing the interchange at Chico Way.

“That project is definitely one we need to get at,” Wagner said, “but it eats up a lot of the money we need for other projects.”

Removal of a county culvert under Kittyhawk Drive has increased interest in removal of the state highway culvert, which lies immediately upstream of the newly opened channel where the county culvert was removed. See Kitsap Sun(subscription), Aug. 26, 2014.

The Legislature will determine how much money will be allocated to culverts and to some extent which ones get replaced first. New taxes could be part of the equation for the entire transportation budget, a major subject of debate this session.

State of Indian Nations speech underlines US-tribe relations

In this Sept. 16, 2014 file photo, President of National Congress of American Indians (NCAI) and Chairman of the Swinomish Tribe Brian Cladoosby, joins other native Americans and lawmakers during a news conference on Capitol Hill in Washington. Tribes must insist the federal government honor its commitments and create partnerships with them based on deference, not paternalism, Cladoosby said Thursday. (AP Photo/Manuel Balce Ceneta, File)

By FELICIA FONSECA, Associated Press

FLAGSTAFF, Ariz. (AP) — Tribes must insist the federal government honor its commitments to them and create partnerships with them based on deference, not paternalism, the president of the National Congress of American Indians said Thursday.

Brian Cladoosby said in the annual State of Indian Nations address that too many reservations are plagued with high unemployment and dropout rates, rampant drug and alcohol abuse, and an epidemic of suicides.

Congress needs to update laws and regulations on energy, taxation and education to help tribes overcome those long-standing challenges, but it shouldn’t dictate solutions, he said.

“Honoring its trust responsibility means recognizing Indian Country’s legal authority to control its own destiny,” Cladoosby told a crowd gathered in Washington, D.C. “It means respecting Native peoples for who we are, not who others think we are. And it means modernizing the trust relationship between our nations.”

In the congressional response, Republican Sen. John Barrasso of Wyoming said the relationship between tribes and the federal government hasn’t always been positive. But as chairman of the Senate Indian Affairs Committee, he vowed to lead efforts to strengthen it.

“We are equally committed to so much of what you have raised,” Barrasso said.

In exchange for land, the federal government promised things like health care, education, social services and public safety in perpetuity for members of federally recognized tribes. Those vows generally are born out of treaties. The U.S. negotiated more than 400 treaties with tribes, most of which were ratified by the Senate.

Cladoosby, chairman of the Swinomish Nation of Washington state, invited members of Congress to visit Indian Country and see some of its successes: the rehabilitation of centuries-old homes at Ohkay Owingeh Pueblo in New Mexico; cavity-free classrooms in Shaktoolik, Alaska, created by a first-of-its-kind dental health therapist program; and the country’s first commercial wetland mitigation bank developed and operated by a tribe in Washington.

But he said federal funding often falls short of what tribes need to provide for their membership.

Congress should build on efforts to improve public safety on reservations, bring culturally appropriate education to Native students and stimulate economic growth, Cladoosby said.

He called on lawmakers to simplify and streamline government regulations that would give tribes the ability to issue tax-exempt bonds, give tax credits to members who live on reservations and adopt children with special needs, and provide tribal law enforcement access to a national crime database.

Cladoosby noted the federal government should do more to expand broadband access in Indian County, which stands at 10 percent. He also said it should study tribes’ technology needs and improve infrastructure and housing.

The responsibility falls on all members of Congress, Cladoosby said, whether their districts include Indian Country or not.

“This trust, it’s not a handout,” he said. “It’s a contract. It’s a commitment. And it’s their duty to honor it.”

Choctaw Leader: FDA Should Formally Consult With Tribes or Exempt Them From FSMA

By Dan Flynn, Food Safety News

Shannon McDaniel, executive director of tribal operations, has made a simple and straightforward request on behalf of the Choctaw Nation of Oklahoma. He wants all 565 federally recognized tribes exempted from the Food Safety Modernization Act (FSMA).

Or, to put it in his own words and more specifically, McDaniel wants the U.S. Food and Drug Administration (FDA) to review the produce rule “expressly to exempt tribal nations, their lands, and their members from application of the proposed rule.”

“Alternatively,” McDaniel said, “we strongly urge FDA to schedule formal consultations with tribal nations and, until such consultation is complete, we urge FDA from enforcing the final rule on tribal nationals, their lands, and their people.”

The Choctaw Nation, which, since the “Trail of Tears” in 1830, has been located in southeastern Oklahoma, is a longtime fruit and vegetable producer. It is one of a dozen or so Tribal Nations that, during the past two years, has pressured FDA and the White House for meaningful consultation over FSMA implementation.

American Indian tribes are sovereign nations, and their authority stems from treaties, acts of Congress, and presidential authorities. President Bill Clinton signed Executive Order (EO) 13175 in 2000, which was reaffirmed by President Obama in 2009, and requires federal agencies to consult with tribes when promulgating rules and regulations impacting their reservations.

To comply with EO 13175, FDA’s parent agency, the U.S. Department of Health and Human Services (HHS), has its own plan to consult, saying that the tribes will be consulted “to the extent practicable and permitted by law … .”

This is not the first time tribal leaders have raised their request for “meaningful consultation.” And, it’s not as if FDA has not been listening.

In November 2013, FDA conducted a two-hour webinar with the tribes on the FSMA rule package. Afterward, Raymond Foxworth of the First Nations Development Institute told Food Safety News that the webinars were small steps and that there was a long way to go for “meaningful consultation.”

Then, last April, FDA met with tribal leaders for a half-day consultation session in New Mexico. The discussion centered on the produce rule, the Environmental Impact Statement for the produce rule, and questions and other feedback on all seven FSMA rules. A side meeting was held with the Navajo Nation in Window Rock, AZ.

But, as the recent Choctaw letter indicates, those meetings, along with all the normal public input opportunities, are still considered inadequate by tribal leaders. They say that FDA, which is also under federal court orders for completing the rules, opted not to follow the established Tribal Consultation Policy and did not engage the tribes during the development stage for the rules.

7th Annual Tulalip Tribes and U.S. Forest Service MOA Meeting

Representatives for the Tulalip Tribes and Mount Baker-Snoqualmie National Forest staff sat down to discuss changes to forestry projects and future developments.Photo/Mike Sarich, Tulalip News — Representatives for the Tulalip Tribes and Mount Baker-Snoqualmie National Forest staff sat down to discuss changes to forestry projects and future developments.
Photo/Mike Sarich, Tulalip News

By Micheal Rios Tulalip News Scenic photo courtesy Libby Nelson, Tulalip Tribes Natural Resources

In November 2007, the Tulalip Tribes signed an historic Memorandum of Agreement (MOA) with the U.S. Forest Service to work together on a government-to-government basis regarding the Tribes reserved hunting and gathering rights on off-reservation ancestral lands, specifically the 1.7 million acres that total the Mount Baker-Snoqualmie (MBS) National Forest. Every single acre of the 1.7 million that totals the now MBS National Forest was ceded land as part of the Treaty of Point Elliot of 1855. The MOA lays out a framework for increased communication and collaboration in areas such as planning, policy making, and sharing of technical expertise and data, to provide stewardship and conserve the natural resources that the Tribes value and depend upon.

Continually developing an effective partnership in stewardship of national forest lands and resources is critical to maintaining a positive relationship between the Tulalip Tribes and the Mount Baker-Snoqualmie Forest Service. Ensuring this effective partnership, both parties attend a government-to-government MOA meeting once a year. The annual meeting creates a forum to address the Tulalip Tribes specific concerns as they arise and allows for the Mount Baker-Snoqualmie Forest Service to update the Tribes with any forestry policy/project changes or developments. This year’s annual meeting was held Thursday, January 15 at the Tulalip Administration Building.

The representatives for the Tulalip Tribes and the Forest Services staff from the Mount Baker-Snoqualmie National Forest sat down to discuss topics ranging from the Beaver Relocation project to the co-stewardship areas to ways to improve upon communication. Three important issues raised as a result of the open forum were the Forest Service’s sustainable roads directive, sacred sites protection on national forests, and improved communication with the national and regional level of the Forest Service.

Sustainable Roads

One of the issues that came up again this year is the ‘sustainable roads’ directive given to the Forest Service. The directive calls for the Forest Service to close a certain percentage of their roads by going through their entire road system inventory and prioritizing roads they want to keep. The roads that don’t come high on the list would be the first to be closed.

A sustainable road system means keeping only those roads that they can afford to keep maintained and in proper repair so they don’t fail and create risky situations for drivers or environmentally risky situations for the habitat.

MOA liaison with Treaty Rights Office of Natural Resources Department Libby Nelson describes the importance of having the Tribes input considered when prioritizing which roads to sustain and which to close. “The public tends to be recreational and they are going to want to preserve trailheads and certain places that the Tribes may not feel quite the same way about. Making sure that the Forest Service is really looking at how they are going to ensure treaty rights needs to take a front and center role in their analysis and evaluation of what roads to keep open and what roads to close. So that’s an issue. [For the Forest Service] it becomes a matter of budget allocation and this is where we think it is really important to say, ‘What is important to honor the rights we have to protect of the Tribes through their treaty? How do we plan to integrate that into are analysis?’ Their duty as a federal trustee to the Tribes is to ensure access for treaty right exercise.”

Mount Baker-Snoqualmie National Forest.Photo courtesy Libby Nelson, Tulalip Tribes Natural Resources — Mount Baker-Snoqualmie National Forest.
Photo courtesy Libby Nelson, Tulalip Tribes Natural Resources

Sacred Sites

Executive Order 13007 Indian Sacred Sites requires Federal land managing agencies to accommodate access to and ceremonial use of Indian sacred sites by Indian religious practitioners and to avoid adversely affecting the physical integrity of such sacred sites. It also requires agencies to develop procedures for reasonable notification of proposed actions or land management policies that may restrict access to or ceremonial use of, or adversely affect, sacred sites.

Sacred sites are defined in the executive order as “any specific, discrete, narrowly delineated location on Federal land that is identified by an Indian tribe, or Indian individual determined to be an appropriately authoritative representative of an Indian religion, as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion; provided that the tribe or appropriately authoritative representative of an Indian religion has informed the agency of the existence of such a site.” There is no review of such determinations by a Federal agency.

Executive Order 13007 was discussed in the MOA meeting because it appears that one of the conflicts, potentially, would be the executive order and some other federal statutes don’t specify or differentiate treaty rights from federally recognized tribes across the country. This leads to situations where you could have members of other federally recognized tribes coming onto treaty rights lands to practice their culture and/or religion.

The issue that surfaced was that there would be concern if that was happening on the ancestral territories of Tulalip. There should be a protocol for talking to the Tribes here first who have reserved rights on those lands. The Tulalip Tribes and Mount Baker-Snoqualmie National Forest staff will have further discussions about this potential conflict, while also focusing on the general issue of continued co-stewardship of maintaining sacred sites.

Improving communication

Local-level communication between the Tulalip Tribes and the Mount Baker-Snoqualmie National Forest staff has developed quite nicely since the signing of the MOA eight years ago. However, the Tulalip Tribes has observed the communication from the national and regional Forest Service offices needs improvement.

“We do have a good working relationship locally now, and that’s great because a lot of things do happen on the forest level, but when the national and regional issues come up we have a ways to go to achieve good communication. On a regional and national level with the U.S. Forest Service, as whole, we often get their policies last minute. Sometimes we don’t hear about them until it’s really late to comment. So we talked about ways to improve that,” says Nelson.

To further increase the capacity for open dialogue on the local level, the Tulalip Tribes are focused on getting the District Ranger and Forest Service staff from the nearby Snoqualmie District to attend future MOA meetings.

Overall, the meeting was a success as both the Tulalip Tribes and Mount Baker-Snoqualmie National Forest staffs were able to discuss a range of topics, have an open dialogue regarding potential issues that may arise in the foreseeable future, and exchange ideas about foreseeable projects as a result of the MOA. Most importantly, the meeting served as a reminder of the efforts the Tulalip Tribes has remained steadfast to in the always on-going battle to protect Tulalip’s treaty rights.

As Libby Nelson states, “In order to protect the real exercise of treaty rights reserved Tulalip in their treaty, it’s going to take continued vigilance and pushing back. The Mt. Baker-Snoqualmie is surrounded by a lot of people—most of the State’s population lives within easy driving distance. There is now, and will continue to be a lot of pressure from people in urban centers, like Seattle, who would like to see the forest become more and more park-like and provide for their recreational uses. Treaty hunting, gathering and other cultural uses aren’t always very compatible with these other recreational uses or too many people.”

Number of Homeless Native American, Black Students in Washington State Increases

Simon Moya-Smith, Indian Country Today

The state of Washington’s Native American and black K-12 students are three times more likely to be homeless than their white peers, a new study finds.

In the 2013-14 school year, 7.6 percent of Native American students in Washington were counted as homeless. Likewise, 7.6 percent of the black students there were also counted as homeless, according to a reportby the state’s Office of Superintendent of Public Instruction.

That same year, Washington’s Hispanic and Latino students suffered a 4.1 percent homelessness rate. In comparison, 2.3 percent of white students were counted as homeless.

The overall percentage of homeless K-12 students throughout the state jumped six points from the previous year, Joseph O’Sullivan of The Seattle Timesreported. During the 2012-13 school year, there were 30,609 homeless students. The next year, there were 32,494.

Elected officials in Washington are struggling with a recent state Supreme Court ruling to fully fund all K-12 schools, which threatens the funding to some social services programs.

“These numbers make it clear that funding education at the expense of the safety net is a false choice,” Rachael Myers, executive director of the The Washington Low Income Housing Alliance, told O’Sullivan in a statement. “Sufficiently funding basic education means funding what children need both inside and outside the classroom.”

Caleb Dunlap, Ojibwe, who worked with Washington’s Native American homeless community for three years as program manager for the Seattle-based Chief Seattle Club, a local nonprofit that works to provide homeless Natives with basic needs and services, told ICTMNhe believes the increase in homeless students is due to the spike in homeless families.

Dunlap said even the state’s health and human services information line, 2-1-1, where families in need can seek assistance, often falls short.

“All they’re telling you is ‘this shelter’s full’ and ‘that shelter’s full’,” he said. “They’re just giving you the run around.”

Dunlap added that the endemic of homelessness in Washington is punctuated by certain rules and regulations. The age of a child, for example, is reason enough to deny a parent access to temporary housing, he said.

“I would say that Seattle needs to provide better direct access to emergency shelters and temporary to permanent housing options for families facing homelessness,” he said. “Often family services can be limited due to the age of children. In the case of single mother families it can be harder for them to find housing placements if they have male children over the age of 13 due to often being in housing placement with domestic violence victims.”

Seattle, Dunlap said, was designated as a relocation city during the Indian relocation acts of the 1950s and ’60s. The acts encouraged Native Americans to relocate from reservations to cities with promises of jobs and vocational training. The city soon experienced a growing number of homeless Native Americans after some began to lose employment.

“They ended up not getting the very best jobs and that’s kind of where it started,” he said.

Homeless People Will Be Counted This Week In King, Pierce And Snohomish Counties

By Ashley Gross, KPLU.org

Later this week, volunteers will fan out across King, Snohomish and Pierce counties to try to tally all of the people without a home as part of annual counts that take place at the end of January.

King County’s One Night Count has been going on for 35 years — since before counties were even required by the state and federal governments to keep track of the numbers.

Alison Eisinger of the Seattle King County Coalition on Homelessness says about 1,000 volunteers participate in the count. She says even people who work day-to-day on the problem of homelessness are surprised by what they discover during the event. Eisinger remembers one volunteer who thought she already had a good understanding of the issue of homelessness.

“But she was surprised at how emotionally devastating it was for her to realize that there were families in their vehicles parked in the parking lot of the place where she does her family’s grocery shopping every day,” Eisinger said.

Eisinger says volunteers have found people who have planted gardens around their camp sites, or even constructed small makeshift houses. Some people are found sleeping in hammocks or treehouses.

Last year, more than 3,100 people in King County were found with no shelter during the three-hour period in the middle of the night. Seattle Mayor Ed Murray says he expects the numbers this year to be even higher.