The rain advantage

By Monica Brown, Tulalip News

TULALIP, WA. Living in the Pacific Northwest, there is one thing that is certain, it may rain today. Spring is here and with it comes the rain. The Tulalip area averages about 3” of rain every month during the spring. With summer around the corner, rain water management is on the minds of home owners that are thinking about improving the look of their yard. During the spring, rainwater runoff is inevitable, causing soil erosion and flooding. But there are useful ways to handle the runoff that are beneficial for the environment and your yard during the drier summer months.

In your yard, prior to the construction of your house, rainwater was absorbed and filtered by the plants and trees eventually making its way back in the air through evaporation and transpiration or back down into the water table and eventually into the ocean. After construction, the surface of the house and driveway are impermeable and cause rainwater to runoff in concentrated places eroding the soil and washing pollutants into nearby streams, rivers, lakes and oceans.abpRB55_Labeled_400w

Two widely used methods for managing rainwater runoff, are to harvest it from the roof into barrels or to divert it into a rain garden. Harvesting rainwater is a more simple method that works by fixing a barrel to the gutter of the house to catch and store water to use on garden plants. Rain gardens require more work to install but are low maintenance in the long run.

A good example of a rain garden can be found at the Tulalip administration building near the backside of the parking lot. The building’s rain gardens have been used to prevent erosion by catching the parking lot runoff and filtering out the pollutants as the water passes through the soil and natural vegetation.

 

10822013-11-13 15.18.22
Marysville rain garden registered with the Puget Sound rain garden initiative.

The Tulalip tribes have begun helping residents to find the most useful way they can to manage their stormwater runoff and are providing informational packets to all Tulalip residents. For more information about rainwater management in your yard and your options, contact Val Streeter in the Tulalip Tribes Natural and Cultural Resources department at 360-716-4629 or email vstreeter@tulaliptribes-nsn.gov

For those located off of the Tulalip reservation, the Puget Sound rain garden campaign is helping to install 12,000 rain gardens by 2016. The campaign offers in depth information about rain gardens, incentives in your area and local resources to help you get started. For more information about the Puget Sound rain garden campaign visit the website at http://www.12000raingardens.org/.

 

raingarden
“What makes it a rain garden is in how it gets its water and what happens to that water once it arrives in the garden.” Vienna, WV website article What is a Rain garden?

 

 

Rainwater management options

Driveway Infiltration trench controls stormwater from running off your property by collecting and infiltrate stormwater from your driveway until it soaks into the ground.

Dry well reduces erosion and ponding water by collecting runoff in an underground well structure that allows the water to leach back into the soil slowly.

Pervious walkways, driveways and patios made from material that allows water to seep through cracks while still providing a flat and stable surface.

Rain barrel  will reduce stormwater runoff and allows you to use captured water for lawns, gardens and indoor plants.

Rain garden reduces the amount of stormwater coming from you property and recharges your groundwater by capturing stormwater in a bowl-shaped garden that uses soil, mulch, and plants to absorb and treat stormwater before seeping back into the water table.

Vegetated Swale receives drainage from roads, sidewalks and driveways though a shallow channel that slows stormwater runoff and directs it to an area where it can infiltrate through plants that trap sediment and remove pollutants and prevent erosion.

 

Tribes Push To Restore Salmon To Upper Columbia River

 A pre-conference tour of Grand Coulee Dam on Monday kicked off a conversation about restoring salmon to the Upper Columbia Basin.Tom Banse, Northwest News Network
A pre-conference tour of Grand Coulee Dam on Monday kicked off a conversation about restoring salmon to the Upper Columbia Basin.
Tom Banse, Northwest News Network

By Tom Banse, Northwest News Network

Once upon a time, salmon and steelhead swam over a thousand miles upriver to the headwaters of the mighty Columbia River, at the foot of the Rockies in British Columbia.

Those epic migrations ended in 1938 with the construction of Grand Coulee Dam.

This week, tribes from both sides of the U.S.-Canada border along with scientists and policymakers are meeting in Spokane to figure out how Columbia River fish could be restored to their entire historical range. The idea draws passionate supporters, but has unknown costs that you might be asked to help pay.

Uncharted waters 

Salmon and steelhead have been absent from the upper Columbia River for 75 years. But tribes on both sides of border still miss the fish. Colville tribal member D.R. Michel senses an opportunity “to correct a lot of wrongs.”

“The tribes never surrendered to the loss of salmon,” he says. “You see old photos of the chiefs standing on the reservation side looking down on the project with all of those promises of, ‘We’ll take care of you. You’ll have your fish. We’ll put in hatcheries.’ None of that stuff ever really happened.”

Tribes are taking the lead to examine options for restoring migratory fish to the upper Columbia River. Five dams built without fish ladders now stand in the way — two in Washington and three in Canada.

The Bureau of Reclamation’s Lynne Brougher led a tour Monday of Grand Coulee Dam for tribal leaders and biologists from British Columbia and the U.S Northwest. She stopped the tour van in the center of the enormous concrete span so the group could peer over the edge at the torrents of water plummeting down the spillways.

“What you’re looking at here is a 350 foot difference between the water at the base of the dam and uplake in the reservoir,” Brougher explained over the din of rushing water.

Nobody has built a fish ladder on a dam this high according to Canadian Columbia River Inter-Tribal Fisheries Commission biologist Will Warnock of Cranbrook, British Columbia.

“It would be going into uncharted waters to build that kind of passage facility. There’s other things you can do to get salmon past dams this high, though. You can trap them and manually truck them around the dam.”

That’s one idea. An elevator actually is another. A long fish ladder would be very expensive and a last resort, if tried at all.

A separate suite of technologies would be needed to help juvenile salmon migrating downstream get past the hydropower turbines and long stretches of slack water behind the upper Columbia dams.

Who would pay?

Who would pay for this? Nearly all of us, as D.R. Michel sees it. He directs the Upper Columbia United Tribes of North Idaho and Eastern Washington.

“It’s potentially a shared cost between ratepayers, the federal government, farmers and irrigators,” says Michel. “Some of the folks who benefit directly from use of this water and what comes out of this dam should help pay for this also.”

The unknown costs of reintroduction could add up, and that worries the Public Power Council’s Scott Corwin. He represents public utilities who get electricity from Columbia River dams.

“There are just a lot of questions about whether that is even possible and how it would impact other species. Yeah, we have a lot of questions.”

The U.S. and Canada are about to open negotiations to renew the 50-year-old Columbia River Treaty. That is the forum chosen by fish advocates to advance their idea. But last week, British Columbia’s government declared it doesn’t want to discuss it at the treaty talks.

A position paper forwarded to Ottawa reads, “British Columbia’s perspective is that the management of… salmon populations is the responsibility of the Government of Canada and that restoration of fish passage and habitat, if feasible, should be the responsibility of each country regarding their respective infrastructure.”

“We are very respectful of the importance of salmon to First Nations,” said provincial Energy Minister Bill Bennett, using the Canadian term for native tribes. But during an interview, Bennett also maintained that ratepayers of BC Hydro should not have to pay more for fish passage. “Our (electricity) rates are already going up in B.C.,” Bennett noted.

Tim Personius, deputy regional director of the U.S. Bureau of Reclamation, says Canada’s position could be a problem.

“The position of the United States is that we should not move forward without Canada participating. I think that’s a good idea.”

Personius says it looks like a lot of the spawning habitat for upper Columbia River fish is in Canada. He says it would not make a lot of sense “for the United States to spend millions or billions of dollars on fish passage” only to have the salmon run to British Columbia and “stub their noses” on a Canadian dam.

The U.S. government is taking an open-minded position in Personius’ telling. But given the many unknowns, “We should kind of approach this cautiously and probably in small steps.”

The Bureau of Reclamation and Army Corps think say they are willing to investigate, but unknown costs could be a problem later.

Golf pro killed in lawn-mower accident identified

Herald file photoJim Pulliam, photographed in 2007, was killed in a lawn-mower accident on a Tulalip-area golf course.
Herald file photo
Jim Pulliam, photographed in 2007, was killed in a lawn-mower accident on a Tulalip-area golf course.

By Rikki King, The Herald

TULALIP — A Snohomish man who died in a lawn-mower accident on a Tulalip-area golf course last week has been identified by friends and family as James “Jim” Pulliam, 58.

Pulliam was a member of the Professional Golfers’ Association of America. He’d worked as the head golf professional at the Battle Creek Golf Course, and was on the grounds crew there for the past five years, said Fred Jacobson, director of golf at Battle Creek and at the Snohomish Golf Course.

Pulliam was working at the Battle Creek course on Friday when the lawn mower apparently flipped over and landed on him, according to the Snohomish County Sheriff’s Office. He died at the scene. The state Department of Labor and Industries is investigating, a standard step in workplace fatalities.

Jacobson and Pulliam both grew up in Snohomish. They graduated from Snohomish High School, worked for a time as lifeguards and served in the U.S. Marine Corps, Jacobson said. Jacobson hired Pulliam in the 1980s to work at the Snohomish Golf Course.

Pulliam came from a big family and had two grown daughters. Pulliam helped build the Battle Creek course, Jacobson said.

“He liked to play golf a lot. He played a lot more golf in this life than I did,” Jacobson said. “His main passion was going out and playing and probably the highlight of his golfing career was he won the Washington State Open Pro-Am with his team.”

Pulliam’s family on Monday declined to comment for this story. They are planning to place an obituary in the coming days, according to his brother.

Pulliam loved teaching others the game of golf, and he also liked to cook, Jacobson said.

Before getting the job at the golf course, Pulliam worked as a bank teller and in construction.

“He knew a lot of people over at Battle Creek and (Snohomish),” Jacobson said. “He grew up in this area. He was a veteran. He came home and went to work and raised girls. He was a good man. I’ll miss him.”

Hundreds of Tribal Representatives Join Huge Rally to Oppose Fracking

Tribal representatives from throughout California converged at the Capitol to oppose fracking on March 15. (Photo by Dan Bacher)
Tribal representatives from throughout California converged at the Capitol to oppose fracking on March 15. (Photo by Dan Bacher)

 

By Dan Bacher, IC Magazine

Hundreds of Indigenous Peoples from the state and throughout the country gathered with a crowd of over 4000 people at the State Capitol in Sacramento on March 15 to send a clear message to Governor Brown: ban fracking, an environmentally destructive oil extraction practice that pollutes groundwater, rivers and the oceans.

The large Tribal contingent included members of the Miwok, Maidu, Winnemem Wintu, Yurok, Karuk, Hoopa Valley, Ohlone, Pit River, Cahto, Round Valley, Tule River, Pomo and Chumash Nations and other Tribes from throughout the state, as well as members of the Dakota, Lakota Sioux, indigenous communities, native organizations and activists in the Idle No More Movement and Klamath Justice Coalitions. Many Tribal representatives emphasized the direct connection between fracking and the Shasta Dam raise and the Governor’s peripheral tunnels plan, which will provide water for fracking.

“We should call the Governor ‘Westlands’ Brown,” quipped Chook Chook Hillman, a member of the Karuk Tribe and the Klamath Justice Coalition that has organized many direct action protests to remove the Klamath dams, halt the violation of tribal gathering rights under the Marine Life Protection Act (MLPA) Initiative to create so-called “marine protected areas,” and to stop the Westlands Water District legal attempt to raid Trinity River water.

“Brown is setting aside all the environmental rules in order to ship water south,” said Hillman, who held a banner proclaiming, “Stop Fracking Around – Undam the Klamath,” with other members of Klamath Justice Coalition. “Fracking will take good water, put chemicals in it and then it will come out toxic forever. Fracking will affect all us – fracking is a terrible use of water, water that could be used for people and fish.”

The event, organized by the Californians Against Fracking, featured diverse speakers including environmental justice advocates, farmers, student activists and other groups opposed to fracking. Hundreds of organizations, ranging from grassroots groups to large NGOs, helped to organized the rally.

Chief Caleen Audrey Sisk, Tribal Chief and Spiritual Leader of the Winnemem Wintu, led the opening ceremony and prayer. She took aim at the Governor’s peripheral tunnels plan – the “Brown Water Plan,” as she calls it.

She emphasized, “Here at the Capitol a lot of Brown water planning is going on. This water is our medicine – it comes from the sacred places where the medicine comes from. We struggle to continue to take care of our waters – there is no other place we can go to practice our religion.”

Caleen Sisk, Chief and Spiritual Leader of the Winnemem Wintu Tribe, opens the rally with a ceremony and prayer. Photo by Dan Bacher

Caleen Sisk, Chief and Spiritual Leader of the Winnemem Wintu Tribe, opens the rally with a ceremony and prayer. (Photo by Dan Bacher)

 

After the rally was over she led a group of Winnemem Wintu and their supporters down to the Sacramento River at Miller Park take the “Water Challenge” to defend waters, rivers and fish population. Around 20 people cautiously waded into and then swam in the muddy waters.

“When we accept the winter water challenge and go down to our rivers, springs, lakes and oceans to make a heartfelt commitment and challenge others to do the same it makes the waters happy,” she said. “All over California the water ways are waking up with good blessings! Now accept the challenge to take the message you got to the Capitol and tell the world…no fracking chance will your Brown Water Plan destroy our sacred waters.”

Warrior Woman, a Dakota Indian woman holding a sign saying, “Mother Earth Does Not Negotiate,” said, “We’re here to stop fracking and the rape of Mother Earth. Water is the life blood of Mother Earth. The governmental system can’t continue to oppress the people and Mother Earth any longer.”

Mike Duncan, Round Valley Reservation Tribe member, described fracking as “another broken treaty.”

“I’m here for tribal water waters and to stop the raising of Shasta Dam. It’s the future – it’s our responsibilities as tribal people to stop fracking. Fracking is another broken treaty as far as I am concerned,” he said.

Penny Opal Plant, an organizer of Idle No More, pointed out that the battle against fracking and other destructive methods of oil and gas extraction is a worldwide struggle, including Lakota resistance to the XL pipeline, the resistance of Canadian First Nations to fracking and battles of indigenous people against destructive resource extraction throughout Latin America.

“We are not Mother Earth’s failed experiment. We are her immune system. All of the our two legged relatives must stand up for Mother Earth,” she stated.

Penny Opal Plant of Idle No More explained how California fracking occurs in the context of indigenous struggles against fracking across the globe.

Penny Opal Plant of Idle No More explained how California fracking occurs in the context of indigenous struggles against fracking across the globe. (Photo by Dan Bacher)

She noted that the oil industry is planning ship dangerously explosive crude oil through Richmond, California – and vowed direct action to stop the trains.

“We will put our bodies on the line and we may have to sit in front of the those trains,” Plant said.

“What time is it?,” she shouted to the crowd. “It’s time to transition!”

In a press release before the rally, Corrina Gould, Elder, Chochenyo/Karkin Ohlone, stated, “We are the ancestors of the future and it is our responsibility to be the care takers of the earth, as was given to us in our original teachings by our ancestors. We must not allow the continuous devastation and degradation of our Mother, Earth. We must be the voices for our children and our grandchildren. Fracking must stop by any means necessary.”

“Fracking” is a method of oil and gas production that involves blasting millions of gallons of water, mixed with sand and toxic chemicals, under high pressure deep into the earth to extract oil and gas but it can also pollute local air, water, and endanger the lives of people and wildlife, according to Corine Fairbanks, director of American Indian Movement Southern California Chapter.

Fracking exposes people to radioactivity and numerous toxic chemicals such as lead, arsenic, methanol, and benzene. The chemicals used in fracking have been linked to infertility, birth defects and cancer.

“Fracking is also known to trigger seismic activity and earthquakes,” said Fairbanks. “Anti-Fracking efforts have been led by California Native Nations throughout the state and on February 28th, 2014 the Los Angeles City Council passed a ban on fracking within its jurisdiction. This makes Los Angeles the first oil-producing city in California to call a halt to the practice.”

Fracking has been documented in 10 California counties — Colusa, Glenn, Kern, Monterey, Sacramento, Santa Barbara, Sutter, Kings and Ventura. Oil companies have also fracked offshore wells in the ocean near California’s coast, from Seal Beach to the Santa Barbara Channel. Fracking may have been used elsewhere in California, since state officials have monitored neither or tracked the practice until recently, according to Fairbanks.

Fairbanks pointed out that Indian people have been fighting against hydraulic fracking and toxic dumping for many years.

“Toxic dumping and hydraulic fracking like efforts have been happening on and around Reservations for decades, causing a multitude of problems for our people; birth defects, and twisted strands of cancer,” said Fairbanks. “ No one took notice or interest when Native people wanted this stopped, now all of a sudden when it is becoming more of threat in non-Native communities, there is alarm and action.”

Gary Mulcahy, a member of the Winnemen Wintu Tribe, emphasized the connection between the raising of Shasta Dam, the peripheral tunnels and building of new dams that many tribal members and Delta folks made with their signs and banners at the event.

“It is interesting how fracking would bring out 4,000 to 5,000 people to a demonstration because this fracking, one way or the other, will hurt the water supply,” he noted. “But when you talk about agribusiness taking water drip by drip and drop by drop by building canals, raising dams or building more dams supposed to supply more water than the system can deliver in the first place, only a few voices are heard like a candle in the darkness.”

“Fracking involves your water from north to south, from east to west, water that is ultimately controlled by big corporations, including agribusiness and oil companies. If fracking is bad, then so is raising dams, building new dams and building the tunnels,” he concluded.

Hopefully, this highly successful rally will be followed by even bigger rallies and demonstrations in Sacramento and throughout the state opposing fracking, the peripheral tunnels, the Shasta Dam raise and the building of new dams.

Adam Scow of Food and Water Watch, one of the co-founders of Californians Against Fracking, said anti-fracking activists will keep building the movement to put pressure on Brown to ban fracking.

“Water is a human right and fracking is a violation of that human right, as are the twin tunnels,” Scow concluded.

For more information, go to: www.californiansagainstfracking.org

Caleen Sisk: “We call to Olebis to look down on us and send down the good blessings. We call on sacred Mt. Shasta to help bless us with this sacred water, so it will continue to bring us and our children’s, children and so on in to the future with good health and long life for all our relations. We are calling on the water and fire spirits to help bring back the balance in our world, as wild salmon, wolves, beavers and giant trees make their way back. We sing to the water that flows from the sacred spring on Buliyum Puyuk (Mt. Shasta) to the ocean and back again…..waters from Mauna Kea come back and answer the call and the lakes of fire send their blessings. We ask the fires inside of Mt Shasta and all the sacred fires inside the mountains of the world to help us bring understanding and balance to our way of life and change our lives to the good again. Bring back the original taste of water to guide the people and all relatives back to healthy thinking and acting. For nothing will be here with out fresh clean healthy WATER. No air can be produced without waters to grow the trees, the Kelp, ……this world was created in the most perfect functioning way…..but now so much destruction and toxic waste ….for mega money for a few. We pray that our words will be heard and the August Fire and Water Ceremony be good in sending our prayers up the Creator!!!”

Background on fracking and oil industry money

For those not familiar with the practice, fracking blasts massive amounts of chemical-laced water into the ground to crack rock formations in order to extract oil and natural gas, according to the Center for Biological Diversity. The process routinely employs numerous toxic chemicals, including methanol, benzene and trimethylbenzene.

Oil companies have also fracked offshore wells over 200 times in the ocean near California’s coast, from Seal Beach to the Santa Barbara Channel, according to a Freedom of Information Act Request and media investigation by the Associated Press and truthout.org last year. WSPA President Catherine Reheis-Boyd served on the MLPA Initiative Blue Ribbon Task Forces during much of the time that this fracking of our marine waters was taking place.

The Center cited two studies documenting the harm fracking poses to human health. Birth defects are more common in babies born to mothers living near fracked wells, according to a new study by researchers at the Colorado School of Public Health. In California, a recent Center report found that oil companies used 12 dangerous “air toxic” chemicals more than 300 times in the Los Angeles Basin over a period of a few months.

Besides posing a big threat to human health, the pollution to California groundwater supplies, rivers and the Delta that will result from fracking and acidization will devastate already imperiled populations of Central Valley Chinook salmon, steelhead, Delta smelt, green sturgeon and other fish species.

The Western States Petroleum Association (WSPA), the most powerful corporate lobbying organization in Sacramento, spent over $4.67 million, more than any other interest group, while lobbying state government in 2013, according to data released by the Secretary State’s Office and compiled by the Capitol Morning Report.

Another oil company giant, Chevron Corporation and its subsidiaries, spent $3.95 million, the third most spent by any group on lobbying state government in 2013. Chevron also spent much of its money on lobbying against bills that would ban or regulate fracking in California.

Since it is the most powerful corporate lobby in Sacramento, the oil industry is able to wield enormous influence over state and federal regulators and environmental processes. The result of this inordinate money and influence is the effective evisceration of the Marine Life Protection Act of 1999 during the MLPA Initiative process and the signing of Senator Fran Pavley’s Senate Bill 4.

A report recently released by the American Lung Association revealed that the oil industry lobby spent $45.4 million in the state between January 1 2009 and June 30, 2013. The Western States Petroleum Association (WSPA) alone has spent over $20 million since 2009 to lobby legislators. (http://blog.center4tobaccopolicy.org/oil-lobbying-in-california)

For more information on oil industry power and money, go to: http://www.counterpunch.org/2013/11/08/sacramento-a-capital-awash-in-oil-money/

Oneida Indian Nation Responds to Attempts by Washington’s NFL Team to Discredit its Leadership over Opposition to the R-Word

 

Press Release: PRWEB.com Newswire

The Oneida Indian Nation responded today to a report suggesting that Washington’s NFL team and its supporters have attempted to discredit opponents of their offensive mascot only to be told by other Native American leaders that the name should change. Ray Halbritter, Oneida Indian Nation Representative and the leader of the Change the Mascot movement, has come under personal attack for publicly urging the team to drop a name which is a dictionary-defined racial slur.

“In his desire to defend a name given to his team by an avowed segregationist, Dan Snyder can continue to try to attack me personally, but his strategy will not work because this is far bigger and more important than any one person or group,” Halbritter said. “This is an issue that underscores what it means to treat people with respect and to stop causing them pain rather than continuing to insult them with a racist epithet. This is a serious moral, human rights and civil rights issue – and the team’s behavior continues to have serious negative consequences for Native Americans,” Halbritter added.

Sid Hill, the spiritual leader of the Six Nations, recently received a call from a representative of the Washington team which “felt like they were looking for something, that they wanted me to discredit Ray, and I wasn’t going to go there.” Hill said: “The backlash Ray’s received is kind of scary…it’s like they’re trying to discredit the witness.”*

In an interview with a journalist from The Syracuse Post-Standard, Hill underscored his view that the R–word does not honor Native Americans, as the team has claimed. The term, he said, is a taunt and an insult that if directed toward a Native American on their territory would be seen by the target of the slur as an attempt to inflict hurt.*

“It is hardly surprising that the team marketing a racial slur against Native Americans is evidently working to further denigrate Native Americans with personal attacks,” said Oneida Indian Nation Vice President for Communications Joel Barkin. “For all their rhetoric about respect, the team officials’ ugly tactics prove that they lack real respect for Native Americans.”

*At Onondaga, spiritual leader of the Six Nations agrees: Time for Washington to retire ‘Redskins’, 3/16/14, syracuse.com/kirst/index.ssf/2014/03/onondagas_oneidas_agree_football_team_should_retire_redskins.html#incart_river

Read the full story at http://www.prweb.com/releases/washington-redskins/change-the-mascot/prweb11676973.htm

Tribes resist elver bill that limits access

By Blake Davis, The Associated Press

The lucrative fishery for tiny glass eels, or elvers, has led to a clash between the state and Indian tribes over sovereignty and federal fishing regulations.2012 Reuters file photo
The lucrative fishery for tiny glass eels, or elvers, has led to a clash between the state and Indian tribes over sovereignty and federal fishing regulations.
2012 Reuters file photo

Officials with an American Indian tribe in Maine are resisting an initiative to impose the same restrictions on all elver fishermen, saying a cap on individual catches would force them to abandon tradition by limiting who has access to natural resources.

Members of the Passamaquoddy tribe say a bill to be considered by the House today is against their tribal values because it could prevent some of its fishermen from gaining access to the fishery.

Under the bill, elver fishermen would be subject to the same individual catch limits as other Maine fishermen. But the Passamaquoddy contend the tribe has made numerous other concessions, limiting itself to just one type of gear and agreeing to a decrease in its overall share of the elver harvest.

Passamaquoddy officials say choosing who can fish is cultural, not just a matter of conservation.

“The issue here is who gets to decide tribal culture,” said Fred Moore, the fisheries specialist with the Passamaquoddy who drafted its elver management plan. He said the tribe supported the bill as part of the state’s conservation plan.

The tribe, he said, enacted its own conservation measures years ago, including weekly catch reports from its elver fishermen.

Elvers are baby eels that have ballooned in value in recent years to become the second most valuable fishery in the state behind lobster.

As the state considers the bill, Moore said the tribe would continue to press the state to honor an earlier agreement. That agreement was the result of months of negotiations and had the approval of the Atlantic States Marine Fisheries Commission but state officials abandoned it after the attorney general voiced concern it would not be constitutional to apply two sets of rules in the same fishery.

That move also shed doubt on the authority of tribes in regulating marine resources.

The sponsor of the bill says the tribe’s position is understandable.

“The tribes have a valid point,” said Rep. Walter Kumiega, D-Deer Isle, who also co-chairs the joint Standing Committee on Marine Resources. “They have said that they have been treated differently over the years many times and maybe we should take that” into consideration, he said.

Still, Kumiega said, lawmakers would continue to take into account the concerns raised by the attorney general.

Both state and tribal officials have said they would like to avoid the types of disputes that arose last year when the commissioner of the Department of Marine Resource invalidated all Passamaquoddy elver fishing licenses.

The commissioner has said he would take similar steps this year if the tribe did not follow state law.

Talking Points: Sen. Heitkamp Discusses Native Issues

Courtesy Sen. Heidi Heitkamp’s OfficeSen. Heidi Heitkamp, right, was in attendance for the Champions for Change ceremony in Washington, D.C. recently. Heitkamp is pictured with office intern and one of the five Champions for Change Danielle Finn.
Courtesy Sen. Heidi Heitkamp’s Office
Sen. Heidi Heitkamp, right, was in attendance for the Champions for Change ceremony in Washington, D.C. recently. Heitkamp is pictured with office intern and one of the five Champions for Change Danielle Finn.

 

Vincent Schilling, ICTMN

 

U.S. Senator Heidi Heitkamp is the first female elected from North Dakota. Since taking the oath of office on January 3, 2013, Heitkamp has shown herself to be a strong advocate fighting for the needs of Indian country as she has been since her role as state Attorney General beginning in 1990.

As a member on the Senate Committee on Indian Affairs, Heitkamp has pledged to stand for Native American families and has worked to ensure the U.S. government lives up to treaty and trust responsibilities.

Last October, Heitkamp introduced a bill to improve the lives of Native American children that has received bipartisan support as well as another bill with Republican Senator Moran that would end the IRS’ practice of taxing crucial programs and services that aim to support the health and safety of Native families. Additionally she is an advocate for the Violence Against Women Act and better transportation and infrastructure on reservations.

In a conversation with ICTMN, Heitkamp shared her stance on the importance of working for the betterment of Indian country and why we should all fight for the needs of our children.

Can you tell us about your bill regarding the Commission on Native Children?

I don’t think there’s any aspect of Indian country that would be left untouched as we talk about children. It really comes to me from the words of Sitting Bull, who said “Let us now sit down and decide what kind of life we can make for our children,” I am paraphrasing, but if we stay focused on kids and our children we will make good choices and we will hopefully get better attention to the challenges for Native American families.

The important part of this commission is that we need to be looking at it from a holistic standpoint. You see people talk about Indian education or protection of our children or health care for our children or making sure that we have good transportation so that our kids can get to school. All of these things have a direct effect, but we worry about the programs and not about the outcomes.

For instance, I feel that Native languages are a huge component of the child bill because I think it is a way that we begin to grasp that cultural connection to heal families to provide the pride to move forward.

You played a key role in the Violence Against Women Act, you specifically pushed for tribal governments to gain authority to prosecute non-Native perpetrators, how are things going?

Currently three tribal courts have been selected as a sort of first pass – from there we will learn what tribal courts need to do as a court that has the authority and the jurisdiction to act over non-Native offenders.

We are taking those first steps but it is not enough to pass legislation. We have to be vigilant about making sure that that legislation is given its full effect. I think at this point, We are all grateful this is on track but we need to make sure that these test pilot tribal courts work.

None of these courts are in my state, I am really looking forward to seeing this implemented in my state so that Native American women do not and are not treated as second class citizens as it relates to the pursuit of justice.

I spent a lot of my time as Attorney General with domestic violence programs and it was one of the reasons why I ran for AG.

Can you speak on transportation infrastructure on reservations?

Obviously we are always road challenged in North Dakota. It doesn’t matter if you are at Township – We have issues with roads just given our weather patterns. One of the concerns that I have, Are the stories such as roads not getting plowed so that children cannot go to school or maybe grandma needs to get in for her diabetes treatment, but she cannot get out for groceries.

The frustration that I have is that we probably could see better cooperation between County and State officials along with tribal authorities – but the federal highway folks need to step up and do a better job allocating resources.

There is a great deal of concern about retention of overhead costs, so that these dollars don’t actually go back to the tribes, but are retained within the programs in Washington, D.C.

I realize that when we talk about roads, it is not going to fill up the room, but it might be (what is) most important to a Native American family. It is so important that we talk about this now as we’re looking at, again, reauthorizing the Highway Bill.

You are working to end the taxation of tribal programs through the IRS with Sen. Moran, can you explain?

We are very concerned about an IRS agent questioning the judgment of a sovereign entity as they relate to what constitutes general welfare. I think there’s a fair amount of a lack of understanding as to what tribal governments do and how culturally significant a lot of this is. To suggest that a family who receives funeral dinner and funeral services aught to be taxed on those services is to ignore the pervasive poverty on a reservation, but also it ignores the cultural significance of that expenditure.

I think that this is a great bipartisan effort. We hope that the IRS is starting to get it, but it is more important that we are not fighting this fight a year from now or two years from now and that we get some federal legislation that makes the intent of Congress clear in that it respects tribal sovereignty as it relates to their expenditure decisions.

One of the 2014 Champions for Change is your intern Danielle Finn.

She is a star! We are a little biased in that she is an intern in our office. She is going off to law school; she has tons of options. We are so proud of her and her family is so proud of her. We are just excited to see across the board that these champions for change are part of a hopeful program.

We see all of this wonderful opportunity for expansion of tribal leadership and it really makes us hopeful that there are so many people. I think we need to remember that there are some kids who are getting left behind. We need to celebrate these superstars and amazing kids, but we also need to know there are also very many students And young people who with the right set of circumstances could have equal achievement.

That motivates me as well. When you see these Champions For Change and think that it is not just them but there are probably hundreds of champions for change when given an opportunity.

We just need to keep that in mind and this is what my child’s commission bill is all about.

 

Read more at http://indiancountrytodaymedianetwork.com/2014/03/18/talking-points-sen-heitkamp-discusses-native-issues-154052?page=0%2C2
 

Denver Museum Consulting With Native American Tribes Over Sand Creek Massacre Exhibit

By The Associated Press

The Sand Creek Massacre NHS continues to consult with a number of partners concerning the natural and cultural resources at the site. Here, park rangers meet with area landowners, tribal members, the Natural Resource Conservation Service, the Colorado State Forest Service, and othersCredit National Park Service
The Sand Creek Massacre NHS continues to consult with a number of partners concerning the natural and cultural resources at the site. Here, park rangers meet with area landowners, tribal members, the Natural Resource Conservation Service, the Colorado State Forest Service, and others
Credit National Park Service

Colorado’s state museum has agreed to consult with Native American tribes after the museum closed an exhibit on the Sand Creek Indian massacre over complaints from descendants of the slaughter’s survivors that they weren’t consulted about the display.

The consultations, which will begin Tuesday, will include Colorado officials, History Colorado museum officials, the Northern Cheyenne Tribe of Montana, the Northern Arapaho Tribe of Wyoming, and the Cheyenne and Arapaho Tribes of Oklahoma.

State historic preservation officer Ed Nichols says consultations are a good first step before discussing museum exhibits.

A U.S. Army force led by Col. John M. Chivington swept into a sleeping Indian village in southeastern Colorado on Nov. 29, 1864. Troops killed more than 160 Cheyenne and Arapaho, most of them women, children and the elderly.

Judge Reduces Hatchery Releases On Sandy River

Oregon Department of Fish and WildlifeA federal judge has ruled an Oregon state fish hatchery must limit the number of hatchery-bred fish it releases. The goal is to protect wild salmon and steelhead stocks, which could interbreed with the hatchery fish.
Oregon Department of Fish and Wildlife
A federal judge has ruled an Oregon state fish hatchery must limit the number of hatchery-bred fish it releases. The goal is to protect wild salmon and steelhead stocks, which could interbreed with the hatchery fish.

 

By Cassandra Profita, OPB

A new court decision reduces the number of hatchery fish releases into Oregon’s Sandy River this year.

The Sandy River Hatchery will be allowed to release 200,000 coho salmon this year. That’s less than the 300,000 coho hatchery managers were planning to release.

Liz Hamilton, executive director of the Northwest Sportfishing Industry Association, said in a statement that the reduction won’t harm sport fishers.

“This is good news for our industry,” she said. “We are very happy the anglers and businesses that rely on fishing on the Sandy River will not be negatively impacted by this ruling. This is great news for hatcheries in Oregon and for anyone who fishes in the Northwest.”

A federal court ruling in January found the hatchery had violated the Endangered Species Act.

Judge Ancer Haggerty said hatchery managers needed to do more to ensure the hatchery fish released into the Sandy weren’t going to put protected wild fish at risk.

His latest decision issued Friday follows up on that ruling. It allows the hatchery to continue releasing fish -– but not as many as planned.

The ruling stems from a lawsuit filed by the Native Fish Society. Michael Moody, executive director of the Society, said his group had asked the court for a larger reduction in hatchery releases – not just for coho but for chinook and steelhead, too.

“We’re disappointed,” he said. “We don’t think it was beneficial to wild fish as much as we’d hoped.”

Oregon Says Coal Export Project Will Need To Lease More Land

 

By Cassandra Profita, OPB

Developers of the Morrow Pacific coal export project on the Columbia River already have land leases with the Port of St. Helens and the Port of Morrow.

But according to the Oregon Department of State Lands, they’re going to need a couple more.

In Oregon, the state owns all the land submerged in water -– including riverbeds.

In a letter sent Friday, DSL operations manager Lori Warner-Dickason told project developers that a portion of their project will be taking place over state-owned submerged lands. That means they will need to lease additional state land before the project can operate.

Project opponent Brett VandenHeuvel, executive director of Columbia Riverkeeper, said the new lease requirements offer the state a new way to stop the project.

“Oregon has tremendous discretion as the landlord to approve and deny leases,” he said. “Like any landlord, Oregon can say no to a coal company as a tenant, and we think they should.”

The Morrow Pacific project would export nearly 9 million tons of coal from Wyoming and Montana to Asia. It would transfer coal from railroad cars to barges and ships on the Columbia before sending it overseas.

The first transfer site is at the Port of Morrow, where coal would be loaded onto barges. The second stop is at the Port of St. Helens, where the coal would be transferred from barges to a larger ship at a dock near Clatskanie.

Warner-Dickason wrote that both transfers sites will be taking place in areas that require state land leases. At the Port of St. Helens, the company will need a lease for marine industrial use in a “yet to be determined area.”

“The department requests a meeting with you to discuss the details of the operation at both locations so that we can clearly understand what is being proposed,” Warner-Dickason wrote.

Liz Fuller, spokeswoman for Morrow Pacific, said the company is reviewing the letter and “will be consulting with the Port of Morrow and Port of St. Helens.”

The Morrow Pacific project is the smallest of three proposed coal export facilities that mining and shipping interests want to build in the Pacific Northwest. The Gateway Pacific project proposed north of Bellingham Washington would ship 48 million tons a year and the Millenium Bulk terminal in Longview would ship up to 44 million tons of coal. All three projects would receive Wyoming or Montana coal hauled in by train. The terminals would transfer the coal to ocean-going vessels bound for Asian markets.

Read the Department of State Lands letter to developers of the Morrow Pacific project:

2014.3.14 DSL Proprietary Letter to Ambre by Cassandra Profita

 

2014.3.14 DSL Proprietary Letter to Ambre