Coalition for Prisoners’ Rights Addresses UN Human Rights Committee

Huy-Logo

The United Nations Human Rights Committee recently heard about the violations of indigenous prisoners’ religious freedoms at the hands of the United States throughout the country.

Huy, a Saettle, Washington based non-profit formed in 2012 to reform state policy in regard to Native prisoners’ Indian religious freedoms and cultural expression, was joined by the National Congress of American Indians, Native American Rights Fund, and the American Civil Liberties Union in presenting their information to the U.N.

Related: Huy: Washington State Non-Profit to Improve Indian Prisoner Ceremonies

Kate Fox Principi, secretary of the Human Rights Committee in Geneva, Switzerland heard the coalition’s concerns, which came in the form of an update to a previously submitted 15-page report, titled “Joint Submission to Human Rights Committee Concerning Indigenous Prisoners’ Religious Freedoms in the United States of America.”

“This update, as with the original report, concerns the United States’ violations of indigenous prisoners’ religious freedoms and the United States’ failure to fully implement the ICCPR on state and local levels, in particular response to paragraphs 1(b), 4, 16, and 27 of the Human Rights Committee’s list of issues concerning the United States, for the 110th Session. The Human Rights Committee’s review of the United States’ human rights record was scheduled to occur last October during the 109th Session, but was postponed due to the United States government shutdown last fall,” according to a Huy press release.

All the information presented through the update and the report address the treatment and violations occurring in California, Montana, Hawaii, Arizona, South Dakota, Texas, Wyoming and Missouri.

“The religious and human rights violations being committed by state and county corrections agencies against indigenous prisoners remain prevalent,” said initial Chairman of the Huy Board Advisors, Gabriel Galanda, Round Valley, a tribal lawyer with Galanda Broadman, PLLC in Seattle. “International intervention is now needed to bring the U.S. and its state and local siblings into universal compliance with American federal law and worlwide human rights norms.”

The indigenous prisoners’ religious rights coalition is altogether comprised of:

— Huy

— NCAI

— Affiliated Tribes of Northwest Indians

— Round Valley Indian Tribes

— National Native American Bar Association

— Indigenous Peoples Law and Policy Program

— Native American Rights Fund

— Center for Indian Law and Policy at the Seattle University School of Law

— The National ACLU

— The ACLU of Washington

— The ACLU of Southern California

 

Read more at http://indiancountrytodaymedianetwork.com/2014/02/18/coalition-prisoners-rights-addresses-un-human-rights-committee-153608?page=0%2C1

 

Environmentalists fighting Otter’s dam projects

Feb 14 2014 Associated Press

BOISE, Idaho –

Environmentalists are worried about new and expanded dams on southwestern Idaho rivers after lawmakers voted to inject millions into studying water storage projects pushed by Gov. C.L. “Butch” Otter.

Idaho Rivers United Thursday formally opposed what could be $1.3 billion in dams on the Boise and Weiser rivers.

A day earlier, the House voted unanimously to spend $3.5 million to complete initial studies.

In a press release, however, the Boise-based group touted 650 signatures on a petition urging lawmakers to scuttle the projects and instead work on healthy river flows, natural habitat and water quality.

 On the Weiser River, Otter wants a $500 million dam.

He’s also pushing an $800 million expansion of Arrowrock Dam on the Boise.

Arrowrock Dam, Idaho
Arrowrock Dam, Idaho

The bill funding studies of the projects now is in the Senate.

© 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Coast Salish Nations Unite to Protect Salish Sea

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Coast Salish Sea Tribes and Nations

The Lummi, Swinomish, Suquamish and Tulalip tribes of Washington, and the Tsleil-Waututh, Squamish and Musqueam Nations in British Columbia stand together to protect the Salish Sea. Our Coast Salish governments will not sit idle while Kinder Morgan’s proposed TransMountain Pipeline, and other energy-expansion and export projects, pose a threat to the environmental integrity of our sacred homelands and waters, our treaty and aboriginal rights, and our cultures and life ways.

The Salish Sea is one of the world’s largest and unique marine water inland seas. It is home to the aboriginal and treaty tribes of the Northwest whose shared ecosystem includes Washington State’s Puget Sound, the Strait of Juan de Fuca, the San Juan Islands, British Columbia’s Gulf Islands and the Strait of Georgia.

In December 2013, Kinder Morgan, the third largest energy producer in North America, filed an application with the National Energy Board (“NEB”) of Canada to build a new pipeline to transport additional crude oil from the tar sands of Alberta to Vancouver, B.C., where it will be put on tanker vessels and shipped to Asia. The NEB is the Canadian federal agency that regulates energy.

If approved, the proposal would result in expanded transport of crude oil from approximately 300,000 to 890,000 barrels per day. This is a 200 percent increase in oil tanker traffic through the waters of the Salish Sea. Vessel groundings, accidents, leaks, and oil spills are not only possible, they are inevitable.

New jobs and economic growth are being touted as incentives to justify the expansion of the Northwest as the “gateway to the Pacific.” But good fishing and tourism jobs will be lost that depend on a healthy and intact environment. If these projects are approved, the potentially catastrophic effects to our environment and cultural resources will put our Northwest way of life in jeopardy.

In addition to the Kinder Morgan proposal, other port projects and expansions seek to increase the cumulative export of raw fossil fuels from the Salish Sea region to the Asian Pacific and beyond.

As the first peoples of the Salish Sea, it is our responsibility to ensure that our ancestral fishing and harvesting grounds are not reduced to a glorified highway for industry. Each of these proposals represents a potential new threat to our treaty rights in the traditional fishing areas of the Coast Salish tribes and nations. These are rights that the United States promised to protect when they signed treaties with the tribes, recognizing our inherent right to fish “at usual and accustomed grounds and stations.” (1855 Treaty of Point Elliott, Article 5.)

Our relatives to the east, on the sacred Columbia River, are fighting similar battles against dirty fuel projects that threaten to pollute their lands and waters. The Nez Perce stand firm on ensuring that this unique area of the country and tribal homelands are not transformed into a “mega-load” industrial corridor.

Other Columbia River tribes, including the Yakama, Umatilla, and Warm Springs all stand with the Nez Perce to fight for their traditional fishing grounds on the Columbia River and its tributaries. Multiple energy export proposals, up and down the river, threaten to choke the very life from a once bountiful traditional fishing ground. Coast Salish tribes link arms with their cousins along the Columbia.

On February 11, 2014, the undersigned tribes and nations collectively filed for official intervener status in the National Energy Board (NEB) of Canada’s hearing process that decides whether or not to approve Kinder Morgan’s application. This will allow us to present our story, offer evidence and studies documenting impacts on our way of life, and ask important questions during the hearings to ensure the panel receives all the information needed to make an informed decision.

The Coast Salish will fight for our treaty rights, our culture, and our way of life. If protecting our homelands and cultures means standing up against Kinder Morgan’s TransMountain Pipeline, and other proposals that endanger our region, we will most certainly do so. It is our sacred duty to leave future generations a healthy world.

If our children and our children’s children are to know the taste of wild salmon, and the ancient calling of the Salish Sea, we must stand up. The Coast Salish peoples have a saying, “from white caps to white caps,” which means from the snowy peaks of our mountains to the foam-capped waves of our seas, this is our world.

We issue a call to all Native Americans, First Nations relatives, and to all people who love the Salish Sea to please stand with us to protect our rights, our health, and our children’s future. It is our generation’s time to stand up and fight. What happens to the Salish Sea happens to our peoples, and to all those who call this unique place home.

“When all the trees have been cut down, when all the animals have been hunted, when all the waters are polluted, when all the air is unsafe to breathe, only then will you discover you cannot eat money,” according to Cree prophecy.

We urge you to share your objections to Kinder Morgan’s pipeline with President Barack Obama and Governor Jay Inslee before a decision is made by writing and calling:

President Barack Obama

The White House

1600 Pennsylvania Avenue NW

Washington, DC 20500

202-456-1111

Whitehouse.gov/contact/write-or-call#write

 

Governor Jay Inslee

Office of the Governor

PO Box 40002

Olympia, WA 98504-0002

360-902-4111

Governor.wa.gov/contact/default.asp

Chairman Brian Cladoosby, Swinomish Indian Tribal Community

Chairman Melvin Sheldon Jr., Tulalip Tribes

Chairman Leonard Forsman, Suquamish Tribe

Chairman Tim Ballew II, Lummi Nation

 

Read more at http://indiancountrytodaymedianetwork.com/2014/02/17/coast-salish-nations-unite-protect-salish-sea

Crude Oil Terminal Planned In NW Portland

A Google Earth image of the Paramount Petroleum asphalt plant, recently sold to a an investment firm and leased to Arc Logistics Partners LP for use as a crude oil terminal. credit: Google Earth
A Google Earth image of the Paramount Petroleum asphalt plant, recently sold to a an investment firm and leased to Arc Logistics Partners LP for use as a crude oil terminal. credit: Google Earth

By Tony Schick, Earth Fix

PORTLAND — A national fuel storage company has plans to turn an asphalt plant near the Willamette River into a rail and marine terminal for crude oil.

The former Paramount Petroleum plant in Northwest Portland has become part of Arc Logistics Partners LP, which operates four crude oil plants in Alabama and methanol, ethanol and other fuel plants throughout the East Coast and Midwestern United States. Arc Logistics entered into a lease in January with CorEnergy, an infrastructure investment company that purchased the plant for $40 million, according to the company’s financial reports.

The Arc Logistics website lists the Portland site among its terminals and describes it as “capable of receiving, storing, and delivering heavy and light petroleum products,” by both rail lines and marine vessels.

The project is the latest of several potential crude oil terminals in the Pacific Northwest, a region receiving unprecedented amounts of oil by rail shipments because of a surge North American oil production. Currently, Port Westward on the Columbia River near Clatskanie is the only crude oil terminal in Oregon. In Washington, terminals have been proposed in Grays Harbor, Vancouver and Tacoma, and expansions to accommodate more Bakken crude shipments have been proposed at refineries in Anacortes and near Bellingham.

Arc Logistics, funded by the investment group Lightfoot Capital, became a public company in November. It describes itself as “principally engaged in the terminalling, storage, throughput and transloading of crude oil and petroleum products,” listing production of both U.S. and Canadian crude as factors affecting its business.

The Portland site spans 39 acres and has 84 tanks for a total capacity of 46 million gallons — nearly six times that of Port Westward. At one time, the plant also had a refining operation of nearly 380,000 gallons. That portion of the plant ceased operation in 2006.

Arc Logistics did not return calls for comment. In a release on the company’s website, CEO Vince Cubbage called the portland terminal an important addition to the company’s asset base, supported by a long-term contract with a major oil company: “We expect the Portland Terminal to provide the opportunity for significant incremental growth as additional customers or terminal capabilities are developed,” he said.

The shipment of crude oil through the Northwest has raised concerns over safety and environmental health from environmental groups, state agencies and emergency responders. A dramatic increase in the shipment of oil by rail has included a string of fiery derailments, and federal data show more oil spilled from rail lines in 2013 than in the previous 40 years combined.

“It’s a big threat to our communities and to water quality,” Brett VandenHeuvel, executive director of the Columbia Riverkeeper, said. “We’ve seen that these trains carrying Bakken crude have regularly been exploding. A federal safety board said that this Bakken crude should route around urban areas and the thought of putting one in the heart of Portland is a big problem.”

Another environmental consideration raised in the company’s financial report is the Portland Harbor, designated as an Environmental Protection Agency superfund site in 2002 to cleanup uncontrolled hazardous waste. The boundaries of the superfund site are not yet finalized, but if they were to include the facility, its new owner would become a responsible party.

Matt McClincy, the state’s project manager for the Portland Harbor cleanup, said the EPA occasionally includes upland facilities that do not sit directly on the river, but that state evaluations haven’t indicated it will be included.

“The hope would be that short of unforeseen accidents they wouldn’t be a concern for the river,” McClincy said.

Arc Terminals, the operating subsidiary of Arc Logistics, runs 17 facilities throughout the country. Federal data show one third of those facilities have been found out of compliance with EPA regulations in the past three years, ranging from minor violations to a $101,500 fine in Alabama in 2012. Arc Terminals facilities have been involved in only a handful of small spills, none larger than 200 gallons, according to National Response Center reports.

Scott Smith, spill contingency planner for the Oregon Department of Environmental Quality, said the agency typically doesn’t judge a facility based on its company’s performance in other states. The individual plant’s past performance, even under a different owner, is much more telling.

The facility opened in 1947, and since then “numerous releases have occurred, resulting in localized impacts to soil and groundwater at the site by petroleum hydrocarbons, volatile organic compounds (“ VOCs ”), polycyclic aromatic hydrocarbons (“ PAHs ”), and metals,” according to the Arc Logistics report. One of the plant’s largest spills was in 2011, when corrosion caused a spill of nearly 16,000 gallons of Naphtha, a liquid hydrocarbon that petroleum plants use as a solvent and diluent. Paramount Petroleum, which has owned the facility since 2005, had it in limited operation at the time of the purchase, according to DEQ.

“‘It looks like a fixer-upper to me,” Smith said of the plant. “A lot of those terminals are very old, and this is one of them. I’ll be looking forward to any infrastructure investment that Arc makes in it.”

The lease agreement between Arc Logistics and CorEnergy includes $10 million worth of additional investments to clean, inspect and upgrade the facility’s storage and to enhance the terminal’s infrastructure.

Chickasaw Fishery Saves Endangered Species While Sustaining Fishermen and Tourism

pennington_creek-chickasaw_nation_fishery

KC Cole, Chickasaw Nation, 2/16/14

Nothing elevates the hope and heart rate of an angler more than hearing that first predawn “ZWIIINNGGG” of a casting reel as fishing line slices through the early morning air and the lure plops into the water.

Whether it’s the first or last day of the season, fishermen hope that  is a dinner bell ringing in the ears of their desired quarry.

The outdoor enthusiasts who pursue a multitude of game fish seeking refuge in coves, holes and brush in Oklahoma’s lakes and streams make a sound too: The cash register’s “cha-CHING” can be heard with predictable regularity.

With more than 700,000 anglers using the many public lakes, ponds and streams within Oklahoma each year, work is underway to guarantee the state’s natural fish resources will exist for generations to come. These efforts incorporate fish hatcheries located throughout the state, including the Tishomingo National Fish Hatchery.

The national hatchery was established in 1929 on lands purchased from Native Americans. Located less than 15 minutes from the city of Tishomingo, it has been named in honor of Chickasaw Chief Tishomingo—one of the tribe’s most celebrated leaders.

Hatcheries play a major role in preserving imperiled species and provide millions of fish for recreational purposes. The Tishomingo National Fish Hatchery is one of only 70 fish hatcheries managed by the U.S. Fish and Wildlife Service. Each hatchery is unique, but all work to protect and conserve fish populations within the United States.

“Our hatchery is different from most for a couple of reasons,” biologist Brian Fillmore said. “While we do raise recreational fish, national hatcheries focus on threatened, endangered and species of special interest. Included are paddlefish and alligator snapping turtles, a non-fish species. Also, the water we use is gravity fed to our ponds, so we don’t have the added cost and headache of large water pumps.”

The hatchery sits on the banks of historic Pennington Creek in Johnston County. The location is a natural choice for the hatchery. Pennington Creek has a continuous flow of water provided by the Arbuckle Simpson Aquifer. The hatchery relies on the aquifer to provide clean, cool and pristine water, even during extreme drought. The creek flows through the heart of Chickasaw lands, making its way through the historic capital of the Chickasaw Nation, Tishomingo. The water is cleaned through natural processes once used by the hatchery.

“The hatchery is careful with the water we use and the local environment,” Fillmore said. “Once used, the water flows through an affluent that catches solid particles within it. The water released is tested by the state. It is as clean and pure as when it first arrives. We also take steps to make sure fish not native to Pennington Creek don’t get loose.”

According to the U.S. Fish and Wildlife Service, the hatchery is bordered by 3,400 acres in a conservation easement on the north that protects Pennington Creek and other area watersheds.

With more than 50 ponds located on 235 acres and a staff of eight full-time employees, the hatchery breeds many types of fish. They include the prehistoric paddlefish, catfish, alligator gar and alligator snapping turtle. The hatchery has a captive breeding and rearing program for threatened and endangered populations, including the Arkansas River shiner, which resembles a minnow.

“We are always trying new ways to raise fish, as well as different kinds of aquatic animals,” Fillmore said. “We are developing programs for the endangered Arkansas river shiner and leopard darter. We also raise alligator snapping turtles, a species most people would not think to be raised at a hatchery.”

Vital information is collected at the hatchery for protecting and managing the diverse types of wildlife found in the Arkansas and Red River basins. Both flow into the Mississippi River, which runs through the historic Homeland of the Chickasaw.

The hatchery visitor center is open to the public year-round. Aquariums, photographic exhibits, aquatic ecosystems and a display pool with various types of fish are present at the hatchery. For the adventurous, a scenic area with fishing access and a hiking trail is available. The trail was constructed by the Boy Scouts of America and the Chickasaw Youth Program.

Children from 6-12 years of age can participate in the annual Kids Fishing Derby at the Tishomingo National Fish Hatchery during National Fishing Week in June. Popular among visitors is the historic gristmill water wheel maintained by the hatchery. Visitors may enjoy watching it operate on the banks of Pennington Creek while touring the hatchery grounds.

“In the 1930s, there used to be an amusement park of sorts adjacent to the hatchery,” Fillmore said. “Near the water wheel was a miniature golf course, surround by outbuildings. The only thing left from that time is the grist wheel. We keep it maintained for its historical value.”

Guided tours are available from 8 a.m. to 2:30 p.m. Monday through Friday, except federal holidays. For large groups, call ahead as weather and scheduled job duties can affect availability of hatchery staff. For more information, contact the Tishomingo National Fish Hatchery at (580) 384-5463 or read about the hatchery at the Fish and Wildlife Service page devoted to it.

 

Read more at http://indiancountrytodaymedianetwork.com/2014/02/16/chickasaw-fishery-saves-endangered-species-while-sustaining-fishermen-and-tourism-153565?page=0%2C2

Sacred Site Advocates Ask Senate to Heed Keith Harper Concerns

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Rob Capriccioso, ICTMN

Wayland Gray, a Muscogee (Creek) Nation citizen and sacred site advocate, finds himself in a David versus Goliath-type situation.

Gray says he wants the U.S. Senate and the White House to hear his views against Keith Harper’s nomination to become a human rights ambassador with the United Nations, but he knows he is up against a major political machine.

“I know some of the powerful Native lobbyists are supporting Keith Harper,” Gray says. “But they shouldn’t have any more influence with Congress than grassroots Native people who have problems with his nomination.”

Harper, a Cherokee Nation citizen, is a lawyer with Kilpatrick Stockton who helped settle the Cobell lawsuit with the Obama administration, and he is politically well-connected to the administration, having worked as a transition team member, served on a presidential commission, and he was a major fundraiser for the Obama campaigns for president. Many Washington, D.C.-based lobbyist and lawyer associates of Harper, as well as tribal leaders who have had positive interactions with him and his firm, have weighed in to the Senate Foreign Relations Committee with support for his nomination.

Several indigenous human rights advocates, disenrolled tribal citizens, Cherokee Freedmen, Cobell settlement critics, and tribal leaders who oppose the nomination and who are not as well-connected as Harper find themselves in a precarious situation: How to get Congress to hear their voices when up against such an influential lobby?

RELATED: Indigenous Rights Advocates Question Keith Harper Nomination

Gray thinks the story of Hickory Ground’s sacred site desecration – and Harper and Kilpatrick Stockton’s representation in the matter – should speak volumes to senators who are considering the nomination. “Keith Harper’s firm has been defending the excavation of approximately 57 of our tribal ancestors who were dug up to build a casino,” he says, noting a long-standing source of conflict and sadness for Muscogee Creek citizens who have for years battled the Poarch Band of Creek Indians building and expansion of a casino on and near sacred burial grounds known as Hickory Ground in Alabama.

“I don’t see how Keith Harper can be an ambassador of human rights at the U.N. if he can’t even protect our sacred places and the burial sites of our ones who have passed,” Gray says. “The number one most important thing to Natives and to all humans is our burial places of our loved ones.”

RELATED: The Battle For Hickory Ground

Poarch Band leaders have said that they have taken “efforts to maintain the site” and want to “preserve a relationship with the Muscogee Nation,” but the inter-tribal battle escalated in February 2013 when Gray was arrested on terrorism charges by Poarch Band police as he and three others tried to access the sacred Hickory Ground site to pray for their Muscogee ancestors buried there. The Poarch Band has issued press releases saying Gray threatened to burn down the casino before his arrest. A grand jury has since tossed out the terrorism charge, but Gray is awaiting a jury trial on appeal to try to fully clear his name, based on religious freedom legal arguments, and having rejected a plea deal in June 2013.

RELATED: Poarch Band Accuses Muscogee Creek Man of Terrorist Threat to Burn Casino

As Gray was dealing with the fallout from his arrest, Poarch Band Chairman Buford Rolin was sending a letter to the Senate Foreign Relations Committee last year in support of Harper’s nomination that said Harper has served as “the tribe’s lawyer representing us in litigation critical to our community” and that the tribe has “a great deal of respect” for Harper and his work. Beyond his representation of the Poarch Band, Harper’s biography on his firm’s website says he has served on the tribe’s Supreme Court.

Brendan Ludwick, a lawyer for the Muscogee (Creek) Nation, says that Harper’s work for the Poarch Band is a “reason to be concerned” about his nomination.

After Gray’s arrest, Ludwick wrote an e-mail to Harper in February 2013 to ask for his assistance on the matter. “I reached out to him as a fellow Indian lawyer to see if he could bridge communications between our clients to secure Wayland’s release,” he says. “Keith never responded.

“This was a situation where we had a Native American exercising his First Amendment right to access a sacred place and was incarcerated because of the actions of his client,” Ludwick adds. “It was disappointing that he did not do more to help.”

Harper’s silence on various indigenous human rights issues has led to consternation about his nomination from many Native Americans and from Sens. John McCain (R-Arizona) and John Barrasso (R-Wyoming), vice-chair of the Senate Committee on Indian Affairs.

Ludwick, a citizen of the Kickapoo Tribe, hopes that more senators, on both sides of the aisle, will investigate the concerns. “The question is whether as a partner at the Kilpatrick law firm Keith Harper advised or profited from the desecration of the burials at Hickory Ground,” he says.

Robin LeBeau, a council member with the Cheyenne River Sioux Tribe, says there are scores of Native Americans fighting for human rights in Indian country who would be less controversial and better U.N. ambassadors than Harper. “I hope that Congress understands that this lawyer is not the best advocate for Indian country or human rights,” she says. “But there are not many politicians in Congress who stand with and for their people nowadays. Money talks.”

Mary Lee Johns, one of the four Native Americans who appealed the Cobell settlement and who was later a target of a harassment-inducing letter sent by the Cobell legal team in 2010, suggests that Natives who want to voice their opinions on this nomination should contact their senators, as the nomination will likely be considered before the full Senate very soon.

RELATED: A Public Letter From the Cobell Lawyers Prompts Ethics and Harassment Concerns

Johns already sent a letter last year to the Foreign Relations committee explaining her concerns about Harper, but his nomination still passed narrowly along party lines in early February, with all Democrats on the committee voting in favor of his confirmation. She has since sent a new letter to more senators, including Democrats Mary Landrieu of Louisiana, Heidi Heitkamp of North Dakota, Patty Murray of Washington, and Mark Begich of Alaska who she hopes will not view this as a partisan matter.

“The fact that he is an enrolled member of the Cherokee Tribe does not necessarily give him unusual powers of insight, empathy and commitment to the problems of oppressed people,” Johns wrote, addressing senators including Barbara Boxer (D-Calif.) who have pointed to Harper’s tribal citizenship as a top reason for supporting him.

It remains to be seen if the Senate will heed such arguments, but Gray says that if senators really listen and look at the scope of Harper’s character and commitments, they will come to the right conclusion.

“Right now it’s really important that Native Americans step up and contact their senators,” Gray says. “We need someone who is going to help us protect sacred places at the United Nations.”

 

Read more at http://indiancountrytodaymedianetwork.com/2014/02/17/sacred-site-advocates-ask-senate-heed-keith-harper-concerns-153598?page=0%2C2

 

Tribes are Large Employers & Those Employees Make the Best Customers

Mark Trahant, ICTMN

So here is something cool: Google three words – tribes largest employers – and dozens of entities pop right up. This is our generation’s success story because across the country, in communities large and small, tribal governments and enterprises are writing lots and lots of paychecks. Tribes are big business.

An Idaho economic impact report summed up this sort of progress well. An economist said: “The study confirms what tribal planners already know – the tribes are rapidly growing, significant engines in the state.”

But that progress takes on a different context in the age of the Affordable Care Act. Tribes are employers. And that means there is a long “to do list” in order to meet the requirements under the healthcare reform law. If a tribe employs more than 50 workers, then insurance has to be offered that meets the requirements of the law and costs the employee less than 9.5 percent of their annual income. (Laura Bird and Jim Roberts of the Northwest Portland Area Indian Health Board wrote an excellent summary of the requirements.)

It’s important to remember that most Americans, including American Indians and Alaska Natives, get their health insurance through work. (I’ve written this before and will add again, this is uniquely American and dumb. We should not tie our jobs to our health care. But that’s where we are at.)

Right now most of the employer provisions are on hold. The Obama administration gave large employers more flexibility on insurance rules and delayed the implementation for mid-size employers until 2016. That means tribes will have more time to get ready. A good thing, too. Once all of the employer provisions begin, the penalty for being wrong could cost tribes some $2,000 per employee.

However Mark J. Mazur, assistant Treasury secretary for tax policy, wrote that the delay “will allow us to consider ways to simplify the new reporting requirements consistent with the law. Second, it will provide time to adapt health coverage and reporting systems while employers are moving toward making health coverage affordable and accessible for their employees.”

Critics of the Affordable Care Act are not happy about these changes, saying it’s more evidence the law does not work. The administration, however, is trying to make certain there are no more major glitches (such as the website) and this is a logical delay.

Another twist that impacts Indian country is that a major retailer, Target, is ending its insurance options for part-time employers because the workers would likely get a better deal through the exchanges (including tax subsidies). I suspect this would be the same for tribes and tribal enterprises.

The whole question of employment under the Affordable Care Act has taken on a new dimension with the recent report by the Congressional Budget Office. Republican opponents of the law cited this report as proof that some 2.5 million people will lose their jobs as a result. The CBO this week refuted that. The idea the CBO tried to measure was that many people would quit working because they had more choices.

The back and forth from CBO is great. “Q: Will 2.5 Million People Lose Their Jobs in 2024 Because of the ACA? A: No, we would not describe our estimates in that way.”

But, CBO points out, “there is a broader question as to whether the society and the economy will be better off as a result of those choices being made available,” a February 10 blog post from director Doug Elmendorf said. “Even though the individuals making decisions to work less presumably feel that they will be happier as a result of those decisions, total employment, investment, output, and tax revenue will be smaller. (Those effects are included in CBO’s budget and economic projections under current law.) To be sure, the health insurance system in place prior to the ACA generated its own distortions to people’s work decisions, but many of the decisions to work less under the ACA will be made possible by government-funded subsidies, the burden of which will be borne largely by other people … Hence, whether voluntary reductions in hours worked owing to the ACA are good or bad for the country as a whole is a matter of judgment.”

I think this particular debate misses an important point. The Affordable Care Act will free independent operators because it was too expensive to buy single policies on the open market. Over time my guess is that more people will launch a new business because health insurance won’t be a factor. It will be available and affordable.

But that brings us back to the political loop. Those that opposed the Affordable Care Act remain against it. And vice versa. Nothing in the news this week resolves the deep divisions.

Of course tribes and tribal enterprises – large employers, these days – now have a new means to contribute resources to the Indian health system. Fully-insured tribal employees will be a net asset every time they show up at an IHS, nonprofit or tribally-managed clinic or hospital. Tribal employees will be the prime customer.

Mark Trahant is the 20th Atwood Chair at the University of Alaska Anchorage. He is a journalist, speaker and Twitter poet and is a member of The Shoshone-Bannock Tribes. Comment on Facebook at: www.facebook.com/TrahantReports.

 

Read more at http://indiancountrytodaymedianetwork.com/2014/02/13/tribes-are-large-employers-those-employees-make-best-customers-153529

Majority of British Columbians oppose Northern Gateway pipeline: poll

 

Dogwood Initiative executive director Will Horter said pipeline opposition is always stronger in polls when tanker routes and the possibility of oils spills are mentioned as part of the Northern Gateway project.Photograph by: JONATHAN HAYWARD , THE CANADIAN PRESS
Dogwood Initiative executive director Will Horter said pipeline opposition is always stronger in polls when tanker routes and the possibility of oils spills are mentioned as part of the Northern Gateway project.
Photograph by: JONATHAN HAYWARD , THE CANADIAN PRESS

Results not surprising in survey commissioned by environmental groups

By Gordon Hoekstra, Vancouver Sun February 5, 2014

Nearly two thirds of British Columbians are opposed to the $6.5-billion Northern Gateway pipeline and the tankers it will bring to the northern coast, according to a poll commissioned by environmental groups.

Conducted between Jan. 13-19, the Justason Market Intelligence poll of 600 people also found that 64 per cent (the same number that are opposed) believe the project will definitely or probably be built. The margin of error of the combined telephone and online poll is plus or minus four per cent.

The survey showed that 92 per cent were aware of the project, which will carry diluted bitumen from the Alberta oilsands to Kitimat for transport by tanker overseas to open up Asian markets.

The poll was commissioned by the Dogwood Initiative, ForestEthics Advocacy, Northwest Institute for Bioregional Research and West Coast Environmental Law.

The Enbridge pipeline project received approval last month from a joint panel federal review of the National Energy Board and the Canadian Environmental Assessment Agency.

Several First Nations and environmental groups have already launched court action against the panel decision.

Prime Minister Stephen Harper’s Conservative government has until the middle of this year to grant approval.

The findings showed that four times as many of those surveyed “strongly” oppose the project (50 per cent) than who “strongly” support the project (12 per cent). Another 17 per cent somewhat support the project.

The majority-opposition finding is not an unusual for a poll commissioned by environmental groups, which generally highlight in their questions the introduction of super tankers and the possibility of oil spills.

Dogwood Initiative executive director Will Horter said opposition is always stronger in polls when tankers are mentioned as part of the Northern Gateway project.

“People have very strong concerns about oil pipelines, but have deep, deep concerns about the oil tankers,” said Horter.

Business and industry-commissioned polls, which tend to highlight the economic benefits of Northern Gateway, usually find higher support for the project.

A B.C. Chamber of Commerce-commissioned poll released in December found nearly 50 per cent support for Northern Gateway.

The Justason poll also found that 51 per cent distrust the joint review panel process, while 32 per cent trusted it.

If Premier Christy Clark’s five conditions for supporting heavy oil being transported through B.C. are met, 49 per cent said they would be a lot or a little bit more supportive of the project.

The B.C. Chamber poll had found that should the project meet the five conditions, support increased to 63 per cent.

Clark’s conditions include the passing of an environmental review, creating world-leading marine and land spill prevention and recovery systems, addressing First Nations’ rights and receiving a fair share of economic benefits.

ghoekstra@vancouversun.com

Follow me: @Gordon_Hoekstra

© Copyright (c) The Vancouver Sun

That Deadly Sip: The Water at the North Pole Will Kill You

Source: Alaskarails.org
Flint Hills Resources North Pole Refinery
Source: Alaskarails.org

Myrna Gardner

2/9/14 ICTMN.com

Since November 27, 2013, the Alaska Department of Environmental Conservation (DEC) has been receiving public comments on Flint Hill Resources’ request to reduce its liability to clean up drinking water at its North Pole refinery that is seriously contaminated with sulfolane, an industrial solvent used in the production containing gasoline.

The DEC issued a “letter of conditional approval for revised human health risk assessment for the Flint Hills North Pole Refinery regarding the alternative cleanup level for sulfolane in local groundwater,” and a public notice allowing for comments. The deadline for public comment is February 10, 2014.

On February 5, Flint Hills Resources Alaska, a subsidiary of Koch Industries, announced that it would be closing its refinery this summer, laying off 80 employees, and leaving Alaska after contaminating the municipal water supply and water wells for more than 300 families. Company officials cited the cost of cleaning up the contaminated water as one reason for closing the refinery.

Last year, the Alaska DEC established a site-specific alternative cleanup level for sulfolane in groundwater of 14 parts per billion (ppb). DEC decided on that level using new toxicity data and on the advice of state and federal agencies.

But Flint Hills wants a lower alternative cleanup level of 362 ppb, leaving 348 ppb of contamination in Alaska’s waters. According to the DEC’s Contaminated Sites program, Alaskans should not drink water if it has over 25 ppb of sulfolane. “If your water well results showed above 25 parts per billion sulfolane, we advise you not drink the water,” cites a warning on its website.

At the National Toxicology Program Board of Scientific Counselors meeting in December 2011, Dr. Chad Blystone of the National Institute of Environmental Health Sciences reported that sulfolane is a highly polar chemical that is presumed not to break down and is absorbed by plants (your food).

The sulfolane contamination in the North Pole affects more than 300 wells, and the exposure may last up to 20 years, according to the DEC. Contamination from the plume is estimated to be over 2.5 miles wide and three miles long.
Some studies observe symptoms of neurotoxicity: convulsions, seizures, hyper/hypo-activity, and hypothermia. In a sulfolane inhalation study on animals, Dr. Blystone reported 37 days mortality in monkeys, chronic lung inflammation in all animals, chronic liver inflammation in rats after 90 days, and decreased white blood cells and mortality in dogs and monkeys.

Responding to news of the refinery closure, Rep. Don Young said, “We see companies like Flint Hills shuttering their operations due to deteriorating conditions caused by diminished supplies and onerous regulation.”
Onerous regulations, like cleaning up after your mess?

“This is a sad day for the entire Interior region and Alaska as a whole,” said Rep. Pete Higgins, R-Fairbanks. “We will be looking to the governor for his leadership in the coming days, which will hopefully address the Dept. of Environmental Conservation decisions that forced Flint Hills into making this announcement. This will have far-reaching impacts economically to the Interior. The news hit us hard and fast today, and we will be working with the governor and the DEC to alleviate the impact to the families and businesses affected by the shutdown.”

Rep. Steve Thompson, R-Fairbanks, said, “The announcement today regarding Flint Hills shutting its doors came as a shock. We will continue to monitor the situation as to loss of jobs, groundwater contamination, and the economic impact this will have on our community.”

But Mike Wenstrup, Chair of the Alaska Democratic Party, said what a lot of Alaskans are thinking: “Interior Alaska knows actions speak louder than words: The Koch Brothers are closing the refinery and tossing Alaska aside while choosing to invest hundreds of millions in political attacks. It shows how little they care about Alaska and Alaskans.”

Ann Farris, an engineer with Alaska DEC who served as on the multiagency team formed to deal with the sulfolane contamination said, “This is the biggest plume of sulfolane groundwater contamination ever, and it’s the biggest groundwater-contamination plume involving an industrial substance in Alaska.”

I don’t live in North Pole. I am just an Alaskan who would like our land not to be left contaminated by companies that have economically benefitted from our natural resources.  It was sad to read many of Alaska’s so-called leaders jumping on the bandwagon to defend Flint Hills Resource Alaska business instead of being outraged by the fact they want to pack their bags, leave our groundwater contaminated, and then expect Alaskans to clean up their mess.

Myrna Gardner is the CEO of 3R Products and the Managing Member of MGM Properties, LLC. She resides in Juneau, Alaska.

Coal-Hungry World Brings Tough Choices For Native Americans

Jewell Praying Wolf James addresses a crowd gathered in September in Olympia, Wash., to protest coal exports. (Lynne Peeples)
Jewell Praying Wolf James addresses a crowd gathered in September in Olympia, Wash., to protest coal exports. (Lynne Peeples)

By Lynne Peeples, Huffington Post, Updated Feb 7, 2014

Inside a ceremonial longhouse in northern Oregon last September, the sun’s rays spilling between the high-peaked beams, Davis Yellowash Washines was seated in full ceremonial dress — yellow headband, red sash, beaded shoes. A rawhide drum rested in his hand, and to his left sat four teenage boys, each with his own drum and mallet. One wore a black Chevrolet T-shirt. They thumped their instruments and called out native songs as an organized smattering of young children bounced rhythmically counter-clockwise around the dirt floor. Two dozen fellow members of the tribal community, seated in folded metal chairs, looked on.

“This longhouse is used for lots of occasions,” Washines said between songs. “But this one is significant.”

This ceremony aimed to ward off coal.

Celilo Indian Village, Ore., separated from the Columbia River by only a highway and some railroad tracks, is one of many tribal communities that sit in the path of what could soon become America’s coal-export superhighway. If government agencies grant approval to three export terminals proposed for Oregon and Washington, up to 100 million metric tons of coal per year could soon be shuttled in open rail cars from mines in the Powder River Basin of Wyoming and Montana, along the shores of the Columbia River and the Puget Sound, and through ranches and reservations like this one. The coal would then be loaded onto ships destined for Asia’s proliferating fleet of coal-fired power plants.

Many activists currently fighting the plan see the impacts of burning coal on the global climate as their primary motivation. But for the Yakama, Lummi and other tribes, as well as communities in the path of these shipments, it’s the local effects that worry them most. There are the potential traffic delays and disturbances to cultural sites. Then there’s the very real prospect of toxic coal dust wafting off the passing trains, fouling the air, poisoning local waterways and even contaminating key food resources — such as the salmon on which many local tribes, including those living in the tiny Celilo Indian Village, depend.

While the U.S. has seen a steady decline in coal use in recent years thanks to tighter federal regulations and the expanded viability of natural gas and renewable energy, the rise of burgeoning, coal-hungry economies in China, India and other fast-developing nations means the Celilo tribes — like many communities across the Pacific Northwest — now find themselves wedged squarely between a domestic abundance of the combustible rock and its most promising international market.

The potential expansion of coal exports elicits differing opinions among tribes and communities here. What may be an environmental or public health imposition for one is seen as a desperately needed opportunity for another. The coal industry, for example, argues that exports could inject welcome economic activity into struggling Northwest towns and reservations. By itself, the Gateway Pacific Terminal proposed at Cherry Point on the Puget Sound would add approximately 1,250 permanent jobs, including induced jobs such as restaurant and healthcare workers, as well as 4,400 temporary construction jobs, according to an analysis by an industry consultant. Annual local and state tax revenues would amount to about $11 million.

The dispute over the coal trains is playing out in television advertisements, on the streets and inside boardrooms, town halls and courthouses from Washington, D.C., to Seattle. A series of hearings and protests over the last few months have attracted thousands of people — some donning makeshift respirators, others wearing “Beyond Coal” T-shirts, and some even rappelling from a bridge over the Columbia River as a symbolic blockade to the shipments. Still, nowhere are the tensions so acute as on the hardscrabble reservations that either sit atop valuable coal — an estimated 30 percent of U.S. coal reserves west of the Mississippi are located on native lands — or lie in the path of the trains that would haul it to port.

Just outside the walls of the longhouse where Washines and his fellow drummers were singing out in opposition to the coal shipments, a 22-foot totem pole lay on the bed of a white truck. The carving, which depicted five salmon, two kneeling men and a hungry child, was touring towns, churches and reservations across the Pacific Northwest as part of an effort to consolidate tribal opposition to the proposed coal shipments. (The totem’s last stop, in late September, would be across the border in the Tsleil-Waututh Nation of British Columbia, where it now stands erected as a display of solidarity with that tribe’s parallel struggle over a tar sands oil pipeline.)

“Mother Earth doesn’t have a voice,” said Karen Jim Whitford, a tribal elder, as she stepped shoeless into the center of the longhouse floor. A couple of her tears disappeared into the dirt. “So we must speak for her.”

“I vote we stand up,” exclaimed another elder, Lorintha Umtuch, referring to the totem’s symbolic call for Native Americans to get off their knees and “Warrior Up!” for future generations. “Indian people need to stop this, or else corporations will trample us.”

Not all tribes stand on the same side of the coal-export battle line. CJ Stewart, a senator of the Crow Nation, said in a phone interview in October that his tribe desperately needs to develop its coal reserves to improve its economic fortunes and lift its people out of poverty. In November, the Crow Nation signed a joint resolution with the Navajo Nation in support of each other’s coal development. “We rely on coal just as they rely on salmon,” Stewart said, referring to the Yakama and other tribes represented in Celilo. “All tribes share one common enemy, and that enemy is poverty.”

Many tribes along the rail corridor, however, feel it’s not just livelihoods at stake — it’s lives. Jewell Praying Wolf James, the carver of the well-traveled totem and member of the Lummi Nation, expressed sympathy with the coal-dependent tribes during a later stop on the totem’s journey in Olympia, Wash. “We feel bad for the Crow Nation, the Navajo, the Hopi. That’s all they got,” he said. “But we want clean air, clean water. We want salmon restored and our children healthy.”

Davis Yellowash Washines presses his hand against one of the brightly painted salmon encircling the bottom of the totem. “The salmon gave its life for you, just like the tree gave its life for this purpose,” he said. (Paul Anderson)

Dig into Native American history and you will strike coal. As far back as the 1300s, Hopi Indians in what is now the U.S. Southwest used the fossil fuel for cooking, heating and baking clay pottery. In the 1800s, Native Americans made up much of the early mining workforce that would help ignite coal’s long reign as the go-to fuel source for the country’s necessities and luxuries — from transporting goods and running factories to heating homes and powering Playstations.

But King Coal’s grip is slipping. The rise of hydro-fracturing technology in recent years has unleashed torrents of natural gas, a cheaper and cleaner alternative, and left coal-rich states and undiversified coal companies with a serious revenue problem. Many have responded by looking to Asia, where mining local coal, in addition to building wind farms and solar panels, has not created nearly enough energy for the rapidly growing economies there.

Asia’s ready market and America’s still plentiful coal could make a convenient marriage. Proving particularly attractive to Asian buyers is Powder River Basin coal, which is cheap to extract and relatively low in polluting sulfur. Yet plenty of obstacles remain in the U.S. and abroad before coal interests can successfully drive their product to northwestern ports for export. There are the vocal environmental advocates, the newly elected local leaders who’ve made clear their opposition to the plans, the big-money investors who’ve withdrawn support for port builders and, of course, the tribes.

In a July letter to the Army Corps of Engineers, the federal agency tasked with evaluating the two Washington State coal port projects, the Lummi Nation wrote of its “unconditional and unequivocal opposition” to the terminal planned for Cherry Point, near its reservation. The tribe cited among other concerns “significant and unavoidable impacts and damage” to treaty rights reserved in the 19th century to fish at its “usual and accustomed” areas.

Patricia Graesser, a spokeswoman with the Corps, acknowledged the Lummi letter and said her agency was in government-to-government discussions with the tribe. “We have a responsibility to uphold the nation’s treaty with Native American tribes,” she said.

The Chinese government, meanwhile, is responding to a major air pollution crisis sparked largely by rapid development centered on coal-fired power. In December, Shanghai’s air quality fell to a record low and the country’s smog could be seen from space. But even with leaders in China vowing to slow down the growth of coal use, experts predict global coal consumption will jump up another 25 percent by the end of the decade.

Decisions on the Northwest export terminals could significantly influence the future of coal in Asia. “Opening up this main line of cheap American coal is a pretty important signal if you are a Chinese official thinking about how much to invest in what kind of energy infrastructure,” said KC Golden, senior policy adviser for the non-profit Climate Solutions, which has advocated against the proposed ports.

The effects would span the globe. According to estimates by the Sightline Institute, a nonprofit think tank based in Seattle, Pacific Northwest coal exports could create greater national and worldwide environmental impacts, including on climate change, than a Canadian company’s controversial proposal to ferry Albertan tar sands to the U.S. Gulf Coast via the Keystone XL pipeline.

As Jewell Praying Wolf James put it: “Once the coal gets to China, it’s pollution for all of us.”

For more than 11,000 years, Celilo Falls served as the center of trade and commerce for Native Americans of the West. The upwards of 15 million salmon that passed through the mile-long span of rocky chutes in the Columbia River every year functioned as a sort of currency. “Some tribal people call it pre-contact Wall Street,” said Charles Hudson, intergovernmental affairs director with the Columbia River Inter-Tribal Fish Commission in Portland, Ore.

Lewis and Clark called it “the great mart.”

But within a few short hours on March 10, 1957, Celilo’s era of plenty came to an abrupt end. Rising floodwaters from a newly completed hydroelectric dam engulfed the rapids. Salmon runs soon shrank to a small fraction of their former numbers.

Davis Yellowash Washines, chief of enforcement for the Columbia River Inter-Tribal Fish Commission, was only 5 years old when the Dalles Dam opened and drowned Celilo Falls. “I can still feel its mist. I can still hear its thunder,” he said over dinner the night before the September longhouse ceremony.

Warren Spencer, a Yakama elder, was serving in the military in Germany that year, but he recalled the time-lapse photos of the inundation he received by mail from his mother back home in Celilo Falls. “I sat there on my bunk and cried,” he said.

Now, Spencer is deeply concerned about how this new energy project might affect the futures of his four children, 17 grandchildren and eight great-grandchildren. The coal push, he said, represents the continued encroachment of the federal government and “white man’s money” on Native American tribes. “It’s turning brother against brother,” he said.

Members of the Lummi Nation bask in the natural light of the Celilo longhouse before the totem pole ceremony in September. (Paul Anderson)

Many of the current and former residents of Celilo belong to the Yakama Nation. Like the Lummi, the tribe put its opposition to the exports on paper. In a November letter to the Army Corps of Engineers and a state official, Yakama chairman Harry Smiskin referenced a “long history of Treaty violations from energy development in the region that permanently and irreparably have harmed my People.” The new energy projects, he said, would add “direct adverse impacts” to the tribe’s treaty rights to fish, hunt and gather food, and do more damage to the already fragile environment, culture and health of his nation.

Dr. Frank James, of the University of Washington School of Public Health, underscored the “disproportionate impacts” of the coal projects facing native people of the Northwest. Much of this vulnerability results, he said, from their traditional dependence on the salmon of the region’s rivers and coastal waters — fish that are now widely listed as threatened or endangered under federal law and could be further spoiled by air and water pollution from mining and transporting the coal, and its burning overseas.

The tribes’ reliance on salmon goes beyond a staple food and a means to make a living. “It is their total way of life,” said James. “Salmon is part of their religion, their culture, their language. To further impact that is an assault on their very existence.”

In a back corner of the Celilo longhouse kitchen, Gloria Jim sat in a folding chair, on a brief break from cooking the ceremony’s Columbia River salmon lunch with other Celilo women. She lamented that they hadn’t had enough salmon to serve for breakfast, too.

“That’s how it used to be here,” said Jim, who wore a white shirt printed with a picture of her deceased son, pink stretch pants and running shoes. She recalled the Forest Gump-like menu of her childhood: Salmon, fried or dried, stuffed or baked, or simply salted.

“My mom didn’t believe in food stamps. We lived on what we caught,” she said. “Now we have no choice. We have to go to the grocery store.”

Her people have been warned, she added, that the salmon they do catch and eat may be dangerously polluted. An estimated 17 percent of pregnant Native American women already have mercury levels high enough to disrupt the healthy development of their babies — much higher than other racial groups.

Deposits of the neurotoxic heavy metal, along with arsenic and other contaminants from coal-fired power plants, can accumulate up the food chain and into salmon. Research further suggests that around 25 percent of the mercury in Northwest American waterways and up to 10 percent of the ozone in the region’s skies is carried by wind currents across the Pacific — from power plants in Asia.

Coal exports could pollute the region in other ways. Perhaps most talked about are the risks of heavy metal-laden coal dust and diesel exhaust blown and belched from trains, terminals and ocean-going tankers. Derailments, such as the one that sent seven cars spilling coal into a British Columbia creek last week, raise further fears, as does the possibility of bunker fuel spills once tankers set out to sea through narrow, rough passages.

In November, Dan Jaffe, an environmental scientist at the University of Washington-Bothell, released preliminary results of a study on the environmental insults of existing coal train traffic. His team monitored 450 passing trains — some carrying coal, some not — from two representative sites. They sampled for about 10 days at a spot on the Columbia River Gorge and for about a month near a Seattle home that butts up against railroad tracks currently used by trains en route to Canadian coal ports. Jaffe said he confirmed elevated levels of diesel exhaust there “on par with the dirtiest air in the Seattle area,” as well as a slight increase in large airborne particles — likely coal dust, he said — when coal trains passed by.

The three proposed terminals would dramatically increase rail traffic, bringing some 35 additional mile-plus-long trains in and out of the region every day. Currently, fewer than 10 coal trains come and go.

Jaffe’s crowdfunded research has yet to be peer-reviewed, a point emphasized by Courtney Wallace, a spokeswoman with Burlington Northern Santa Fe Railway, whose lines would host much of the westbound coal. Wallace added that BNSF has spent more than $1 billion on rail cars and locomotives that “achieve the highest EPA standards available,” and result in 69 percent fewer diesel emissions compared to older locomotives.

BNSF has testified that up to 645 pounds of coal dust can escape from each rail car during a 400-mile journey, but Wallace also pointed to findings by the railway that this fugitive dust diminishes as railcars travel farther from the Powder River Basin and toward export terminals.

Several environmental organizations, including the Sierra Club, filed a lawsuit in July against BNSF over coal contamination of U.S. waterways. Wallace called the action a “publicity stunt,” but a U.S. District judge denied a motion to dismiss the case this month.

Blown coal dust and other hazards could be particularly dire around Celilo and the rest of the Columbia River Gorge, where train tracks are sometimes just feet from tribal residences, said Hudson, of the Columbia River Inter-Tribal Fish Commission. “The winds are reliable and strong — 40, 50, 70 miles per hour,” he said. “There’s a reason it’s the wind-surfing capital of the world.”

Located in rural Montana, the Crow Nation can’t boast a lucrative seafood or wind-surfing tourism market. What they do have is a whole lot of coal. Approximately 9 billion tons of the fossil fuel lie beneath their land, comprising one of the largest coal reserves in the United States.

“Coal is the way we’ve been taking care of our people,” said CJ Stewart, the Crow senator. Yet his people continue to struggle with poverty and an unemployment rate he suggested is upwards of 50 percent. “And the U.S. cries over its 8 percent,” he said.

In June, the U.S. government approved a deal between the Crow and Cloud Peak Energy, a Wyoming company that’s moving to increase its coal exports to Asian markets. The tribe now has the green light to lease its rights to an estimated 1.4 billion tons of coal, more than the U.S. consumes annually. The deal could be worth at least $10 million for the Crow over the first five years. Cloud Peak has also pledged to give preference in hiring, training and promotion to qualified Native Americans, as well as annual scholarships to local native students. A spokesman for Cloud Peak, Rick Curtsinger, said the company is continuing to work through an agreement with the tribe.

Crow Nation chairman Darrin Old Coyote testified in July before the U.S. House Committee on Natural Resources that the deal is largely dependent on the fate of coal exports through the Northwest. Such significant coal development, he said, has “unlimited potential to improve the ongoing substandard socioeconomic conditions of the Crow people and the surrounding communities in southeastern Montana.”

“Given our vast mineral resources, the Crow Nation can, and should, be self-sufficient,” he said.

Also in the heart of the Powder River Basin, and also saddled with high unemployment, are the Northern Cheyenne. The tribe has a long history of resisting coal development due to perceived environmental health risks. But like the Crow, the Northern Cheyenne are also recognizing an increasingly tough economic reality.

“We’ve got a lot of coal underneath our land,” said Tom Mexican Cheyenne, director of the Northern Cheyenne’s community health department, who made clear that he did not speak for the tribe. “There’s a split — some on the tribal council are for coal mining and some are against it.”

The Northern Cheyenne’s decision on whether or not to harvest their coal may, too, come down to pending verdicts on the Pacific Northwest ports. No train tracks currently run to their reservation’s coal reserves, though rail lines could be expanded with enough demand.

Mexican Cheyenne believes the council is leaning towards development of the coal. “I see a real desperation to help the economy any way they can,” he said.

Wind energy has also been on the table here for years. But impoverished tribes such as the Northern Cheyenne and the Crow often lack the funds necessary for capital investments and opportunities for outside help, such as tax credits.

Debra Lekanoff, a leader with the Swinomish Tribe of Washington, said the tribes need federal support to find alternative ways to benefit from their resources. “We urge the federal government to help our brothers and sisters with funding, capacity-building and sound science to open up the doors to new opportunities,” she said.

She suggested that the “elephant in the room” in the coal development debate is the challenge of “walking in two worlds” and soundly balancing “economic sustainability and environmental protection.”

The Affiliated Tribes of Northwest Indians, which includes the Yakama and Lummi, adopted a resolution in September supporting a pilot project proposed by the Crow Nation to convert some of its coal to liquid fuels such as diesel and gasoline for domestic use. The tribe’s plan, which Stewart said illustrates that the Crow are not entirely reliant on coal exports, also gained support from the National Congress of American Indians this fall. It still awaits federal approval.

The official document from the Northwest Indians, however, notes that their blessing does not “supersede, replace, or rescind” a resolution made by the group in May that opposed all proposals to increase transportation through the region of “fossil energy,” including both coal and unrefined crude oil.

About a week after the resolution’s adoption, Jewell Praying Wolf James’s totem pole pulled up in front of the Washington state capitol building in Olympia for another event opposing coal exports. Much like the other stops on the totem’s journey, this ceremony’s songs and speeches pointed to both the despair and hopes of Native Americans and the deeply complex tensions at hand.

A crowd of some 50 people, many representatives of local tribes, stood in the alternating rain and sun in front of the flatbed truck. Flanking the truck was a yard sign that read, “No coal exports. We can do better.”

Creating alternatives, experts agree, is prerequisite to combating climate change and sustaining resources for future generations — and even to passing judgment on any group that chooses to develop its coal, or buy and burn it.

“At the end of the day, we’re not going to stop fossil-fuel dependency if we don’t have an answer for how to create energy and create better lives,” said KC Golden, the Climate Solutions policy adviser. “The Crow and other folks across the world want a fair shot at the relative prosperity we enjoy. We have to have a better answer than digging up half of Montana and burning it in Asia.”