Working for Tomorrow Every Day

Lorraine Loomis, Chair of the Northwest Indian Fisheries Commission.

I am honored and humbled to follow in the footsteps of Billy Frank Jr. as chair of the Northwest Indian Fisheries Commission.

Of course no one can ever truly replace our longtime chairman and friend Billy Frank Jr. It will take all of us to do that.

Billy wrote this column for many years. The tribes decided to keep the name to honor him and remind everyone what this column is about: Frank, honest talk from the treaty Indian tribes in western Washington who are co-managers of the natural resources.

Like many people, I drew much strength from Billy over the years. But the biggest source of strength for me has always been my family, especially my parents.

My dad, Tandy Wilbur, was the first general manager of the Swinomish Tribe. He and my mother, Laura, worked tirelessly to secure the funding that founded the Swinomish tribal government. When he passed away in 1975 my mother continued their work. She went on to serve for 50 years in the tribal senate and was instrumental in tribal advances in housing and health care before her passing in 1997.

I started out in the fish processing business in 1970. It was hard work and long hours. I switched to fisheries management following the Boldt decision in 1974. I thought that maybe fisheries management might be a little bit easier than working 14-15 hours a day, seven days a week.

I was wrong.

My dad told me that it would take about 10 years before the Boldt decision would operate as it should. There was a lot of fighting with non-Indian fishermen in the early days after the Boldt decision. You never knew what to expect when you went out on the water. It was 1982 before true co-management became a reality through development of the first joint Puget Sound Salmon Management Plan by the tribes and state.

As my tribe’s fisheries manager for 40 years, I’ve seen incredible advances in salmon co-management, both regionally and internationally.

I am especially proud of tribal involvement in developing and implementing the U.S./Canada Pacific Salmon Treaty that governs the sharing of salmon between the two countries. I continue to serve on the Fraser River Panel that manages sockeye and pink salmon through the treaty. I also continue to coordinate tribal participation in the North of Falcon fishery planning process with the state of Washington. I have served as an NWIFC commissioner for the past 30 years, most of them as vice-chair.

I love fisheries management. When we have a fishery opening – and salmon fishing is not open a lot these days – you see the happy faces of the tribal fishermen. You know you have done your job. I live for that. It’s my life.

None of us tribal natural resources managers are working for today. We are all working for tomorrow. We are working to make certain there will be salmon for the next seven generations.

We face many challenges in the years to come. Salmon populations continue to decline because we are losing habitat faster than it can be restored. As the resource continues to decline, salmon management becomes increasingly difficult because there is less room for error. That puts our tribal treaty rights at great risk.

We need hatcheries and habitat to bring back the salmon. We need hatcheries to provide salmon for harvest, support recovery efforts and fulfill the federal government’s treaty obligations. We need good habitat because both hatchery and wild salmon depend on it for their survival.

We also need to work together, because that is always best. We’ve known for a long time that cooperation is the key to salmon recovery, and that we must manage for tomorrow every day.

Seattle Refined: 5 of Wash. state’s best pumpkin patches

Fox Hollow Family Farm has a bonfire, s’mores and hot chocolate, horse-drawn carriage rides, a hay-bale maze, concessions, and more. (Photo Courtesy: Fox Hollow's Facebook Page)
Fox Hollow Family Farm has a bonfire, s’mores and hot chocolate, horse-drawn carriage rides, a hay-bale maze, concessions, and more. (Photo Courtesy: Fox Hollow’s Facebook Page)

 

By Jenny Kuglin, Seattle Refined

 

Halloween is just around the corner, pumpkin-spice-everything is everywhere, and the rain is back in full force. To me, this means it’s time for a visit to my favorite U-pick pumpkin patch! Since most of our area’s best spots have corn mazes, petting zoos, and more, you can definitely make a day trip out of it for you and your family.

Here are five of Washington’s best pumpkin patches that are about an hour away from Seattle:
32610 NE 32nd Street
Carnation, WA 98014
Attractions other than pumpkins: 4-H animal barnyard, hay maze, steam-powered train ride, farm theatre, fruit pies, and more
When it is open: The complete farm experience is only open on Saturdays and Sundays. The hours are 10 to 5. There are self-guided tours available on weekdays.
Cost for entire experience: $15.75/person, seniors are $13.75/person, 12 months and under are free
12031 Issaquah-Hobart Rd. SE
Issaquah, WA 98027
Attractions other than pumpkins: Bonfire, s’mores and hot chocolate, horse-drawn carriage rides, hay-bale maze, concessions, and more
When it is open: October 22, 23, 24, 25, 26, 28, 30, 31 (Halloween Party)
Cost for entire experience: $10.00/person, 12 months and under are free
12754 S.E. Green Valley Rd
Auburn, WA 98092
Attractions other than pumpkins: Corn maze, tractor-pulled hayrides, farm stand with locally grown fruits and veggies
When it is open: the rest of October, 10 to dusk, the corn maze is only open on Saturdays and Sundays
Cost for corn maze: $9.00/person 12-99 years old, $6.00/person 3-12 years old, under 3 is free
38223 236th Ave. SE
Enumclaw, WA 98022
Attractions other than pumpkins: Corn maze and junior corn maze, bubble table, duck races, cattle roping, hay maze, and more
When it is open: The rest of October, 9:30 to 5:30
Cost: There are several options, so visit their website
10917 Elliott Rd
Snohomish, WA 98296
Attractions other than pumpkins: Hayrides, trike track with John Deere tricycles, playground, pony rides, face painting, an apple cannon and more
When it is open: Every day for the rest of October, 10 to 7 (certain attractions are only open on the weekends)
Cost: Free to enter the pumpkin patch, check the website to see specific costs of activities
What’s your favorite pumpkin patch in Washington? Let me know in the comments!

Indian Country Remembers Misty Upham; Family, Friends Gather for Wake

Source: facebook.com/beautifulmistyuphamCandles, flowers, balloons, and photographs memorialize Misty Upham in a display on the Muckleshoot Reservation. Source: facebook.com/beautifulmistyupham
Source: facebook.com/beautifulmistyupham
Candles, flowers, balloons, and photographs memorialize Misty Upham in a display on the Muckleshoot Reservation. Source: facebook.com/beautifulmistyupham

 

On the Muckleshoot Reservation, in Washington, grieving for the late actress Misty Upham has been ongoing. The Upham family has sent out the following details of the coming days’ events:

The family of Misty Upham would like to thank everyone for their support. The funeral arrangement includes:
A wake Wednesday, Thursday, Friday and a Memorial service on Saturday, October 25, at 2:00 pm at the The Pentecostal Church at Muckleshoot 39731 Auburn Enumclaw Rd SE, Auburn, WA 98092 (Pastor Kenny Williams cell: 253-261-6003)

Misty will arrive at noon on Wednesday October 22, 2014.

For those who would like to bring flowers, food, financial support, or help in any capacity, donations are being accepted at the The Pentecostal Church at Muckleshoot

Online, expressions of grief and love have poured forth from all over Indian country. Here are just a few of them from Twitter and Facebook:

Gil Birmingham (via Facebook)
An incredibly tragic and heartbreaking farewell to a courageous spirit artist warrior. RIP Misty Anne Upham… our hearts will always be with you and your family.

Julia Jones @JuliaRJones
We lost a beautiful soul and a great talent this week. RIP Misty Upham. Wish we had more time with you.

Michelle Thrush (via Facebook)
Shocked and saddened that you left.. RIP Misty.. You fought a good fight sister. May you finally be at peace

You gave so bravely.. Until our next walk together we will all miss your smile my friend..

American Indian Film Institute (via Facebook)
To our dear friend Misty Upham, we are so grateful to have known you as a person, actress and TTP youth mentor. Your hard work and dedication will live on forever, we ARE and WILL always continue to be big fans of yours. With heartfelt condolences to your parents, family and friends. You are a treasure and a shinning star for all to see.

Roseanne Supernault (via Facebook)
My most heartfelt condolences to the Upham family, Misty’s friends and community. I admired your work Misty, I looked up to you, and I pray that you have safe travels on your journey. Please take a moment today to meditate/pray upon this beautiful and talented woman’s spirit. Please send love & light to her family & friends. Hiy hiy.

Leonard Sumner @LeonardSumner
@MistyUpham was so badass in August: Osage County… She stole the thunder in that movie. So sad to hear about her passing.

Renee Roman Nose @ReneeRomanNose
My love and prayers to Misty’s family and friends. What a sad day for Indian Country.

Bird Runningwater @BirdRunningH2O
RIP Misty.  Prayers for your journey.

Michelle Hall Shining Elk (via Facebook)
Dang it! This is not how this was suppose to end. Thoughts and prayers go out to Misty’s family during this most difficult time. May her new journey be forever pained free.

Wambli Eagleman @InfamousWambli
My heart is Broken….Rest Well @MistyUpham …my thoughts and prayers go out to the family…

Sonny Skyhawk (via Facebook)
What a loss tour people and her family, she was such a talented young lady. When I read ” No signs of foul play ” and heard the families pleas to the Auburn Police for help to find her, the word FOUL PLAY applies and belongs to them, due to their failure to asses the situation as bi-polar breakdown and assist accordingly, but that was not the case. Being INDIAN on a reservation can sometimes work against you with local police. My friends Aunt and Uncle burned to death because the fire was across the road from the fire station on a reservation , and they were “unauthorized” to cross the road.

Tatanka Means (via Facebook)
RIP super talented Indigenous woman, Misty Upham. So sad. Such a huge loss to the acting world and Indian community. She was a star who inspired me. I was a fan of her work. She will be greatly missed and remembered for her amazing performances on the big screen. I wish I had gotten the opportunity to work with you. ‪#‎mistyupham‬

Sandra Hinojosa @ms_sandrah
So saddened by the death and loss of two influential actresses this week. RIP @MistyUpham and #ElizabethPena you are remembered

Kat’ela @theyfearher
@MistyUpham my friend,I can’t believe you’re gone..Thank You for being my friend and keepin it REAL…I will miss you always..#MistyUpham 🙁

Digital Drum @ourbeat
A sad day in Hollywood yet again. RIP @MistyUpham A Life taken too early. Sending prayers to all family and friends

Shawn Michael Perry (via Facebook)
GOOD MORNING FRIENDS….!!!! IT IS WITH A HEAVY HEART THAT I MOURN THE LOSS OF MISTY UPHAM….!!!! HER QUIET BEAUTY WILL BE WELCOMED BY OUR LORD,OUR GOD,THE CREATOR…..!!!!

Star Idlenomore Nayea (via Facebook)
RIP Misty Upham, wish you didn’t have to leave us so soon.. I cried tonight when I heard the news, realizing what a tragic loss this is. Myself with a group of youth here in Klamath Falls, were writing a song you would have loved! Its for ALL victims of Violent Crimes..Its called “Start By Believing”. For all those afraid to come forward because they think no one will believe them..You would have loved to hear all these youth singing the words of encouragement, to those in harms way, telling them to believe in themselves! I don’t know why, but I was thinking of you all night. I am so deeply sorry you have left us..I am thinking of your family sending sincere condolences, also to the countless who are now grieving your loss. I am terribly sad we didn’t cross paths more, seems as though we would have been fast friends..From what I hear, there was NO ONE, like you.  & prayers, safe journey home special one…

Mary Kim Titla (via Facebook)
I just watched August: Osage County. Misty Upham did so great. Sad to hear of her passing. RIP

Lise Balk King (via Facebook)
rest in peace misty. heart so heavy.

 

Read more at http://indiancountrytodaymedianetwork.com/2014/10/21/indian-country-remembers-misty-upham-family-friends-gather-wake-157454

Avatar 2 To Feature Native American Cast Members: Shooting Begins 2015 For 2016 Release

By Mehdi Khomein Abadi, Air Herald

Shooting for Avatar 2, the sequel to James Cameron’s world wide box office smash, begins in 2015, and new casting call information reveals the inclusion of Native Americans in supporting roles. Filming will be split between Manhattan Beach, California, and a location in New Zealand.

The film is currently set for a December 2016 premiere in the United States.

A direct sequel to the first film Avatar 2 it’s believed the plot will follow Jake Sully (Sam Worthington) who uses the technology to transfer his consciousness in to the body of his Na’vi, so he can live a fresh life with princess Neytiri (Zoe Saldana). Something tells us this won’t go smoothly however.

Also reprising their roles are Sigourney Weaver as “Dr. Grace Augustine”, Stephen Lang as “Colonel Miles Quaritch,” and Joely Richardson is rumored to be newly joining the cast.

Although the status of the idea is unknown, James Cameron has stated that he wants to film Avatar 2 at a higher frame rate that usually used, and possibly as high as 60fps, something usually reserved for video games. Since most theaters don’t run at this rate it may only be reserved for special circumstances or the future when higher frame rates might become the standard.

Cameron has also expressed interest in filming some scenes at the deepest location on earth accessible by humans, the bottom of the Mariana Trench in the Pacific Ocean. Though again the status of this is not clear.

Cameron who wrote, will direct and produce the film has his work cut out over the next few years as he’s agreed to two more Avatar movies, Avatar 3 and Avatar 4. Judging from the fact that the first Avatar was one of the highest grossing films of all time, continuing the franchise makes sense.

Jackson County being pressured to open satellite office for voters

 

By Andrea J. Cook, Rapid City Journal

Despite complaints from four Native Americans, South Dakota Secretary of State Jason Gant has asserted that all Jackson County residents have the same access to voter registration and absentee voting as every South Dakotan.

“We are 100 percent equal across the state,” Gant said Thursday. “Every South Dakota county has at least one location within their county borders where people can absentee vote face-to-face.”

Four Lakota residents of Wanblee, a Jackson County community on the Pine Ridge Indian Reservation, have filed a federal lawsuit claiming the county is discriminating against Native Americans by not providing their community a satellite office for voter registration and absentee voting.

The Oglala Sioux Tribe’s Vice President Thomas Poor Bear is one of the plaintiffs in the lawsuit.

The lawsuit claims that the Jackson County Commission does not have a legitimate reason to refuse their request. It also states that the county has access to Help America Vote Act (HAVA) funding to help offset the cost of the satellite office.

On Friday, the plaintiffs filed a motion asking U.S. District Judge Karen Schreier to issue a preliminary injunction ordering Jackson County to open a satellite office in Wanblee for the remainder of the time leading up to the election.

As of 5 p.m. MST Friday, there was no court record of a decision by Schreier.

Jackson County Auditor Vicki Wilson would not comment on the details of the lawsuit, which is being handled by the county’s insurance company.

Wilson did say that before the state’s voter-registration laws changed, she had traveled to Wanblee to register voters when a notary’s signature was required.

During that time, Wilson said, she rarely had requests for absentee ballots.

Residents can now request a voter-registration form at the courthouse or go online and mail it to the county auditor’s office. Monday, Oct. 20, is the last day to register to vote in the Nov. 4 election.

Absentee ballots can be requested up to 5 p.m. on Nov. 3. Absentee ballot requests are available online, but they must be notarized before they are mailed to the auditor. Completed ballots can be returned by mail.

“That’s the same as it is in every other county that has a county seat,” Gant said.

The lawsuit claims that Native American residents in Jackson County are required to travel twice as far as white residents to register in person or vote absentee. Wanblee is about 27 miles, or 32 minutes by car, from the county seat at Kadoka, according to the plaintiffs. They say making the trip is also a financial hardship on Native Americans.

According to court documents, Jackson County commissioners were asked in May 2013 to establish a satellite office, but they denied the request because they did not know if their available HAVA funds would cover the cost. Under the HAVA program, counties can be reimbursed for election expenses, but only up to the amount allocated by the state to each county.

Jackson County has until Wednesday, Oct. 15, to reply to the plaintiffs’ complaint.

Court orders tribal night deer case re-opened

TODD RICHMOND, Associated Press

SUN PRAIRIE, Wis. (AP) – A federal appeals court on Thursday ordered a Madison judge to reconsider a decades-old ruling barring Chippewa tribes from hunting deer at night across much of northern Wisconsin.

A three-judge panel from the 7th U.S. Circuit Court of Appeals found hunting deer at night probably isn’t as dangerous as U.S. District Judge Barbara Crabb concluded in a 1991 ruling barring tribal night hunts, noting that four other states allow such hunts, Chippewa hunters’ safety record is outstanding and hunting during the day is probably more dangerous than at night because more people are out and about.

“All that can be said is that on the present record there is scant reason to think that safety concerns justify forbidding Indians to hunt deer at night in the thinly populated (by human beings) northern part of Wisconsin,” Judge Richard Posner wrote for the panel.

The order doesn’t mean Chippewa hunters can go after deer at night. But it does mean Crabb must reconsider her 1991 decision.

Sue Erickson, a spokeswoman for the Great Lakes Indian Fish and Wildlife Commission, which oversees the Chippewa’s off-reservation treaty rights, said the tribes are reviewing the ruling and are “pleased that the court recognized the regulated type of night hunt they’ve proposed doesn’t present safety issues.”

A state Department of Natural Resources spokesman said the agency was reviewing the decision and consulting with the state Justice Department. A DOJ spokeswoman had no comment late Thursday.

The DNR has long banned hunting deer at night for safety reasons. The Chippewa have pushed for years for a tribal night deer hunt in the ceded territory, a gigantic swath of northern Wisconsin that the bands handed over to the federal government in the 1800s.

The tribes tried to convince Crabb in 1989 to exempt tribal hunters from the state prohibition during a court battle over treaty rights in the ceded territory, but she ruled in 1991 that night deer hunting is dangerous and that the state ban applies to the tribes.

The Chippewa renewed their push for night hunting in 2012 after legislators angered the tribes by allowing hunters to kill wolves at night. The Chippewa consider the wolf a spiritual brother.

The tribes asked Crabb to revisit her 1991 ruling, saying the state believes night hunting is safe it allows the wolf hunts. The DNR also instituted night deer hunting programs to slow chronic wasting disease, protect crops from deer depredation and prevent car-deer collisions. They also said tribal hunters would be required to lay out lines of sight during the day in their hunting area and submit a shooting plan for approval.

In December, Crabb said the tribes had failed to prove that circumstances had changed sufficiently to reopen the 1991 decision. She noted state officials did almost all the night hunting and most of it was designed to slow chronic wasting disease. Legislators also ended night wolf hunting after one season, she said.

But the 7th Circuit’s Posner noted Oregon, Washington, Minnesota and Michigan all allow tribal night hunts and that deer hunting has grown considerably safer in the last 20 years.

The Chippewa’s hunts would be tightly regulated with shooting plans, he said, adding that tribal members already can hunt deer at night on their reservations and are clearly proficient since there’s been only two or three recorded hunting accidents involving American Indians in the ceded territory.

Lake Traverse Indian Reservation receives $63.5 million in fractionated land purchase offers

Participants in Voluntary Land Buy-Back Program Have 45 Days to Respond

Source: DOI Media Release
WASHINGTON – Building off of sustained momentum from the U.S. Department of the Interior’s Land Buy-Back Program for Tribal Nations (Buy-Back Program), Deputy Secretary Mike Connor today announced that purchase offers worth more than $63.5 million have been sent to nearly 2,800 landowners with fractional interests on the Lake Traverse Indian Reservation in South Dakota (homeland of the Sisseton Wahpeton Oyate). Interested sellers will have until November 24, 2014, to return accepted offers.

The tribe will host an outreach event on Wednesday, October 15 at the Tribal Elderly Center in Agency Village, S.D. The all-day event will feature speakers from the Buy-Back Program and staff available to help landowners with questions about their offer packages. Landowners can contact the tribe’s staff at: 605-698-8296 or 605-698-8203.

As part of President Obama’s pledge to help strengthen Native American communities, the Buy-Back Program has successfully concluded transactions worth more than $146.4 million and has restored the equivalent of more than 280,000 acres of land to tribal governments.

“The Buy-Back Program is a unique opportunity and I am encouraged by the growing interest we are seeing in the Program across Indian Country as well as the partnerships we are developing with tribal governments as implementation moves to each location,” said Deputy Secretary Connor. “Payments through Program sales are already making a significant difference for individuals, families and their communities. We will continue to work closely with tribal representatives to ensure that individuals are aware of this historic opportunity.”

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

Consolidated interests are immediately restored to tribal trust ownership for uses benefiting the reservation community and tribal members. For example, the Oglala Sioux Tribe of the Pine Ridge Reservation recently announced that the tribe is embarking on a $9 million housing program, aided by the recent acquisition of land through the Buy-Back Program.

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

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

Offers are currently pending at a number of additional locations with deadlines approaching soon, including the Northern Cheyenne (Oct. 17), Flathead (Oct. 24), Umatilla (Oct. 31) and Crow (Nov. 21) Indian Reservations.

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

Individual participation is voluntary. A decision to sell land for restoration to tribes does not impact a landowner’s eligibility to receive individual settlement payments from the Cobell Settlement, which are being handled by the Garden City Group. Inquiries regarding Settlement payments should be directed to 800-961-6109.

Tribal-state relations improved, not healed

By Mark Walker, Argus Leader

Frank Pommersheim (Photo: Submitted )
Frank Pommersheim (Photo: Submitted )

On the eve of Native American Day in South Dakota and near the anniversary of statehood, some of the state’s prominent Native Americans talked Sunday in Sioux Falls about tribal-state relations at statehood in 1889 compared to now.

Wayne White Wolf Evans summarized tribal-state relations in South Dakota during the course of almost 125 years as an “abusive relationship” the nine tribes can’t seem to escape.

To get out of an abusive relationship, he said, there has to be a power greater than the abuser.

Perhaps that power lies in the outstretched hands of the state’s residents, he said.

“Where does the tribe go to get this power, Congress?” Evans said. “State government is not going to do it. Maybe the citizens can do that.”

There’s a difference between now and 1889, said keynote speaker Frank Pommersheim during the event at the downtown library.

There has been some improvement, but not enough, said Pommersheim, a University of South Dakota Law School professor and tribal judge.

Resolution on issues such as land and political involvement still needs to be attained.

“Those lingering problems, which are very significant, over land and participation in the political process continue to exist, and we still, yet, from my point of view, have not had a meaningful statewide conversation about this that involves a significant number of state officials and tribal officials,” Pommersheim said.

Billy Mercer of Sioux Falls, who was among those attending Sunday’s forum, said the forum gave him a firm understanding of what happened during statehood at the county level.

He also took a moment to ask whether the mayor or any of the legislative candidates were attending the meeting.

He found out there were none and said that disappointed him.

“Nobody was here on the political level,” Mercer said. “They are quick to point out a park where alcoholic Native Americans are hanging out, but when you have people here who are Native American trying to discuss things, on a functional level, they’re not here. That’s discrimination.”

Assistant U.S. attorney in Sioux Falls J.R. LaPlante also was among those attending the event. He said having conversations about the tribal-state issues still needing to be overcome is critical.

“I think anytime you can look to litigation as a last resort … that’s good for us as taxpayers, I think it’s good for us as a state. I think it improves and increases understanding but also leads to more meaningful solutions,” LaPlante said.

Grant money to advance Native American cancer study

An educational partnership aims not only to fight the disease among the Native American population, but to engage more students of native descent

By Charly Edsity, 12 News & The Arizona Republic

There isn’t a word for cancer in most indigenous languages, yet it affects Native Americans at an abnormally high rate.

The Partnership for Native American Cancer Prevention (NACP), a joint effort between Northern Arizona University and the University of Arizona Cancer Center, is the recipient of a $13 million grant from the National Cancer Institute, that will be split between the both universities.

“People die of cancer in Native American populations higher than other groups,” said Jani Ingram, associate professor of chemistry and biochemistry at NAU and member of the Navajo Nation.

According to the Intercultural Cancer Council, cancer is the third-leading cause of death among Native Americans, but there is no conclusive evidence to determine why.

Since 2002, NACP has worked to understand the reason cancer affects Native Americans, specifically tribes in the Southwest, at higher rates and seeks to engage Native American college students in entering science fields to help further research.

NAU’s program has 10 student researchers working under Ingram, some whom have been personally impacted by the deadly disease.

“It started with my grandfather, who worked in uranium mines and he died from lung cancer,” said NAU senior Erik Peaches, who is of Navajo descent.

Erik Peaches, NAU senior, works in lab as part of the Native American Cancer Prevention project at NAU.(Photo: 12 News)
Erik Peaches, NAU senior, works in lab as part of the Native American Cancer Prevention project at NAU.(Photo: 12 News)

In recent years, cancer spikes among older Navajos have been attributed to uranium exposure, a mining industry that boomed on the Navajo Reservation during the 1950s. The radioactive element still threatens communities surrounding abandoned mines and even contaminates drinking water.

NAU senior Ethan Paddock’s grandmother battled breast cancer that he says was caused by uranium exposure on the Navajo Nation.

“My family is from Cameron (Ariz.) and I know there is a huge uranium deposit over there,” Paddock said. “And it’s actually affected my grandmother and (she) got breast cancer.”

After a round of chemotherapy, Paddock’s grandmother has been declared cancer-free, but most with the disease don’t have the same outcome.

The grant money will continue the research being conducted in the Hopi, Navajo and Tohono O’odham communities, work that Ingram said more Native American students should consider.

“If it is a native student, a Navajo student, a Hopi student working on an issue that’s really important to their community, the passion is just right there,” Ingram said.

Remote Tribe Wins Some EMS Funding

By Mike Heuer, Courthouse News Service

(CN) – The Pyramid Lake Paiute Tribe in remote northwestern Nevada won partial federal funding for its emergency medical services program serving the Fort McDermitt Tribe.
U.S. District Judge Christopher R. Cooper on Tuesday partially granted the tribe’s motion for summary judgment in its complaint against the Secretary of Health and Human Services and the Indian Health Services, which denied it funding this year.
The Fort McDermitt Paiute and Shoshone tribes, collectively called the Fort McDermitt Tribe, live in a small, remote community along the Nevada-Oregon border, where Indian Health Services (IHS) has operated a tribal health clinic since the 1970s. The clinic provides primary medical, dental and mental health care and drug and alcohol treatment programs.
The IHS has provided emergency medical services for the tribe since 1993, but the program’s costs increased greatly after a 2010 IRS rule requiring contract workers to be classified as employees, Judge Cooper Found. In 2012, the EMS incurred $502,611 in costs against $102,711 in revenue. The difference was paid through clinic revenue and IHS discretionary funds.
The Fort McDermitt Tribe last year designated the Pyramid Lake Tribe as its tribal organization in accordance with the Indian Self Determination and Education Assistance Act. Cooper says the Pyramid Lake Tribe requested $502,611 plus another $196,739 for startup costs and $136,139 for contract support costs from the IHS.
Previously, the Fort McDermitt Tribe designated Humboldt General Hospital as its base hospital for emergency medical services, but Cooper says the hospital in August 2013 notified the IHS it no longer would be the tribe’s base hospital.
“The agency explained that IHS had ‘ceased operation of the Fort McDermitt emergency medical services program’ due to its large operating deficit. Because IHS had discontinued the program, it reasoned that the base amount available for contracting was zero,” Cooper wrote in his 15-page opinion. “It therefore declined the tribe’s proposal as being ‘in excess of the applicable funding amount.'”
The Pyramid Lake Tribe responded by suing the IHS and Health and Human Services “seeking to require IHS to enter into a self-determination contract with the tribe to operate the Fort McDermitt emergency medical services program.”
Both sides sought summary judgment. HHS Secretary Sylvia Burwell also sought dismissal, “for failure to join indispensable parties, namely, other area tribes whose funding may be affected by the outcome of the case.”
Cooper held a hearing on the motions on Aug. 28.
Summing it up, Cooper wrote that Burwell “argues that because the tribe’s proposal implicates the budget for other tribes served by IHS in the region, each of these tribes is a necessary party to this action. She reasons further that because the other tribes are protected by sovereign immunity, they cannot be joined and the case therefore must be dismissed.”
After citing four other cases in Native American law, Cooper says: “The Secretary’s position is that the Pyramid Lake Tribe’s proposal would unfairly benefit the Fort McDermitt Tribe by enabling it to receive more than its share of funding, to the detriment of neighboring tribes.”
The judge says Burwell “argues in her motion for summary judgment that IHS calculates funding for programs based on the ‘tribal share’ that supports the programs that are to be transferred to the tribe” and “contends that the funding level in the Tribe’s proposal was in excess of the tribal share IHS determined the Fort McDermitt Tribe was entitled to receive.”
Burwell claims that share amount came to just $38,746, according to Cooper’s analysis. The judge added that Burwell “argues even if the emergency medical services program remained in existence,” the Pyramid Lake Tribe’s proposal exceeded that sum.
However, “IHS never advanced this tribal share argument in declining the tribe’s proposal,” Cooper found. “It cannot now be used as a post-hoc to justification for the agency’s decision.”
In denying Burwell’s motions and partially granting the tribe’s, Cooper says that while “the court will issue an order declaring that the Secretary violated the ISDEAA by denying the tribe’s proposal outright, it will not direct her to enter into the tribe’s contract at the 2012 amount.”
“Rather, it will direct the Secretary to negotiate with the tribe over what the Secretary ‘would have otherwise provided’ for the emergency medical services program had IHS continued to operate it, plus the administrative and startup cost.”