February 2015 - Page 3 of 7

Tribal Deal Would Set Number of Gambling Machines in Wash. State

The number of gambling machines in Washington state tribal casinos is set to increase by several thousand and rise automatically in the future under a compact recently approved by state legislators and the state Gambling Commission.

The compact between 27 of the state’s 29 tribes would allow a 10 percent bump to the state’s 28,000 slot-style machines and make future adjustments based on gambling demands.

Gov. Jay Inslee is expected to sign the compact, and send it to the U.S. Department of Interior for final approval.

In years past, determining the maximum number of gambling machines in the state required gathering representatives from casino and non-casino tribes for rounds of controversial negotiations.Many of the state’s rural tribes don’t have casinos, but can profit from leasing their allotment of machines to casinos on other reservations. When casinos are allowed to add machines, non-casino tribes stand to lose leases and a critical source of income.

Under the new agreement, if the total number of leasable machines dips below 500, tribes can automatically increase the statewide cap by 50 machines per tribe. “These amendments allow for market-based growth and only if there is a real need,” said Chris Stearns, chairman of the state gambling commission. “It saves the state and the tribes a lot of effort and it removes a lot of tension. That made a lot of sense to us.”

The state’s $2.2 billion casino gambling industry has leveled off some in recent years after a period of significant growth, according to the state gambling commission. Tribal leaders representing the state’s 28 casinos say they expect machine gambling to grow moderately in the coming years.

Stearns said he wasn’t aware of any other states that have taken a similar market-based approach to setting caps on slots or gambling machines.

Gambling law in Washington State prohibits traditional slots that set odds within individual machines. Instead, machine players win based on a back-end lottery system.

Tucked away on remote coastline, the Quileute reservation is one of the non-casino tribes that could lose out on leasing revenue if machine caps were set too high. Speaking before the Senate Commerce & Labor Committee in Olympia, Quileute chairman Charles Woodruff said the new compact had the support of small tribes and would ensure more Quileute youth would enter college. “Without these gaming revenues to help kids along the way, it wouldn’t be possible,” he said.

The state’s two federally recognized tribes that did not sign the compact — the Muckleshoot and the Puyallup — could still benefit from cap increases in the future.

Quinault Speak Out Against Oil Trains as Rail Cars Smolder in West Virginia

Chief Petty Officer Angie Vallier/U.S. Coast Guard photo via Popular ScienceThe derailed train cars in West Virginia, still smoldering a day later. — Chief Petty Officer Angie Vallier/U.S. Coast Guard photo via Popular Science
The derailed train cars in West Virginia, still smoldering a day later.

Indian Country Today

As two dozen charred freight-train tankers continued smoldering in West Virginia on Thursday, the Quinault Indian Nation grabbed the opportunity to once again deride the transport of crude oil by rail because of safety and environmental considerations.

“Even as we face very severe, and growing, challenges from fossil fuel-induced climate change, oil production has doubled in this country over the past five years,” Quinault Indian Nation President Fawn Sharp said in a statement on February 17, a day after the 109-car train carrying three million gallons of extra-volatile Bakken crude derailed. “And it is getting spilled, in massive amounts, in many places. From 1975 to 2012, there was an average of 800,000 gallons of oil spilled from trains onto the lands and into the waters of this country each year. Last year alone that number skyrocketed to 1.15 million gallons.”

Indeed, at least one of the cars fell and discharged its contents into a tributary of the Kanawha River, and two towns had to be evacuated. Moreover, the train was on the same route that saw the derailment of three tanker cars into the James River in Lynchburg, Virginia, last year, the Associated Pressreported. Speed was not a factor, according to AP.

Oil terminals are proposed in Grays Harbor near Quinault territory, and Sharp has been outspoken against those projects. At least 130,000 barrels of crude oil would move through the Westway and Imperium oil terminals daily from the Bakken region of North Dakota and Montana, the Quinault statement said. Another 45,000 barrels would be accommodated at a terminal proposed in Hoquiam as well, the tribe said.

“People need to realize that these trains are unsafe, at any speed, regardless of the expertise of the crew and despite the efficiency of their communication with towns and cities through which they travel, the general provisions of related bills in the legislature and congress,” Sharp said. “The country’s infrastructure, such as its rails and bridges, are not strong enough or in good enough repair to handle the massive weight and pounding these trains deliver.”

W.Va. Oil Train Derailment Has NW Lawmakers Thinking About Safety

Reports say up to 18 oil trains a week travel along the Washington side of the Columbia River, and up to six oil trains a week are traveling through the state of Oregon along the Columbia River and through central Oregon.Tony Schick — Reports say up to 18 oil trains a week travel along the Washington side of the Columbia River, and up to six oil trains a week are traveling through the state of Oregon along the Columbia River and through central Oregon.
Tony Schick

By Courtney Flatt, OPB

This week’s fiery oil train derailment in West Virginia has lawmakers thinking about oil-by-rail safety through the Northwest. There has been a dramatic increase in oil trains traveling through the region to reach West coast refineries.

Committees in the Washington legislature are considering two bills. Senate Bill 5057 — supported by the oil industry — would expand the barrel tax to include oil shipped by rail. House Bill 1449 — supported by environmental groups — could change how oil-by-rail is regulated across the state.

“If there were to be an accident in Washington state, I, personally, would want to be able to say I did everything I could do to make sure that didn’t happen,” Sen. Christine Rolfes, D-Bainbridge Island, said during a Ways and Means committee hearing.

Oil safety bills are also moving through the Oregon Legislature.

Darcy Nonemacher, the legislative director for the Washington Environmental Council, said the recent derailment has more people thinking about how oil is transported.

“I think the lesson is that we do need to act. There’s lots of things that need to happen whether it’s at the federal, state, or local level,” Nonemacher said.

The train that derailed in West Virginia was hauling oil with newer tank cars. Those newer designs are supposed to better handle derailments than older cars.

That’s why oil-by-rail critic Eric de Place says oil transportation safety is a major concern.

“We need to just hit pause. We need to stop doing it until we have a way to transport that oil safely, which we don’t have right now,” says de Place, a researcher at Seattle-based think tank Sightline Institute, which doesn’t support oil-by-rail.

In Washington, the oil and rail industries are supportive of Senate Bill 5057. The bill, sponsored by Sen. Doug Ericksen, R-Ferndale, will also take $10 million from the Model Toxics Control Account to allow the state Department of Ecology to provide grants for equipment and first responders.

“We believe it’s critical to implementing the policy in the underlying bill. We also believe this funding complements the efforts we have underway within the railroad to train locally first responder preparation efforts,” said Bill Stauffacher, with BNSF Railway.

House Bill 1449 would require planning for oil spill response in Washington state and it would require companies to disclose information about transportation routes.

Community Recovery Team Launches Website

Marysville School District

The landing page of the new community recovery team website reads: “We’re All in This Together”. The website is the product of a joint collaboration between the Tulalip Tribes, City of Marysville, and the Marysville School District.

The purpose of the website is to provide stakeholders across the Marysville and Tulalip communities with a common place to find information and resources on healing, hosted events, trainings and details on the larger recovery efforts in the aftermath of the tragic murder/suicide that occurred at the Marysville-Pilchuck High School campus on October 24, 2014.

Since the tragedy, the Tribes, City, School District, and the Marysville and Tulalip leaders, community members, and members in the field of post-trauma events have been meeting regularly to plan and coordinate efforts for the Marysville and Tulalip communities. Through this work, a Community Recovery Team developed and is comprised of members from all three entities including area-wide representation from Victims Support Services, the Ministerial Association, Volunteers of America, American Red Cross, Marysville YMCA, United Way of Snohomish County, and so many more who have come together in support of our youth and communities. The work of the committee has included coordinating trainings, providing resources, holding community meetings, and providing support for the families and victims of the tragedy and others. The website will now consolidate all the information generated by this team into a single website for community members to access.

The website is shared by the Tribes, the City, and the District, and will be updated regularly with new information and events as they are scheduled, resources, and other pertinent information.

We are Marysville/Tulalip United – visit us at www.mtunited.org

February 25, 2015 Tulalip See-Yaht-Sub

Click the highlighted link below to download the February 25, 2015 Tulalip See-Yaht-Sub

February 25, 2015 SYS

Tribal Leaders to Discuss Formation of Tribal Cannabis Association

Indian Country Today

The first national Tribal Marijuana Conference will take place in nine days at the Tulalip Resort Casino in Quil Ceda Village, Washington and with interested parties already in attendance, Henry Cagey has announced a meeting to discuss forming a Tribal Cannabis Association to be held February 28.

Cagey, the former chair of the Lummi Nation and current council member, looks to take advantage of tribal leaders, executives, entrepreneurs, and Native health and social work professionals, and law enforcement personnel in attendance on February 27 to explore how tribes could work together to address marijuana development in their sovereign tribal territories.

Cagey’s meeting will be held in the same location as the Conference.

Medical marijuana is currently legalized in 23 states, is legal for persons over the age of 21 in four states, and legalized for recreational use in Washington and Colorado. The United States Department of Justice in October 2014 issued a “Policy Statement Regarding Marijuana Issues in Indian Country.” Within the statement, the DOJ addressed law enforcement concerns by stating it will continue its enforcement priorities “in the event that sovereign Indian Nations seek to legalize the cultivation or use of marijuana in Indian country.”

“I believe that the development of marijuana businesses in Indian country raises important issues that tribal leaders need to discuss,” Cagey said in a press release announcing the meeting.

Recently, reports surfaced that at least 100 tribes were exploring their options of growing medical marijuana with the Pinoleville Pomo Nation in California set to be the first tribe to begin cultivation according to an ICTMN story.

“We’ve been contacted by more than 100 tribes from coast to coast that want to get into the business in one way or another,” Barry Brautman, president of FoxBarry Companies, a group of Kansas-based operations that specialize in developing Native business enterprises, said.

The Conference and Cagey’s meeting appear to be arriving at just the right time for the surge in interest of a new economic train throughout Indian country.

“There exists enormous new market potential for commercial marijuana initiatives on Native lands,” Hilary Bricken, one of the foremost legal experts and premier cannabis business attorneys in the country, said when the Conference was announced. “This is an unparalleled opportunity for tribes to participate in a growing sector of commerce and diversify their economies, yet there is much to be considered to ensure successful implementation of tribal policy and law.”

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

Throughout the organization of the meeting, Cagey focused on certain topics that should be discussed, such as: setting policy on medicinal or recreational usage, the need to develop model tribal regulatory laws, defining protocols for tribal self-regulation and oversight, and establishing formal consultation with federal and state officials to support tribal sovereignty.

“The promise of substantial revenues that are coming from this will lure some tribes into it blindly,” Walter Lamar, president of Lamar Associates, a Native-owned consulting and professional services company, recently told ICTMN.

The meeting will be open to tribal government officials and representatives, tribal citizens and tribal attorneys at no charge, though registration is required to attend.

“Whether one supports legalization efforts or opposes them, there is much research and legal development that must be done. Tribes should work together whenever possible to protect our sovereignty and help our Native people,” Cagey said.

For more information on the Tribal Cannabis Association and to pre-register, contact: Megan Nord at megan@harrismoure.comor by phone at (206) 224-5657. Registration to attend this meeting ends on February 27, at 8 p.m.

Interior Department to Announce $8 Million for Tribal Climate Change Adaptation and Planning Projects

Adaptation Funding to Help Strengthen Resilience for Communities
on the Front Lines of a Changing Climate

Source: U.S. Dept of the Interior

WASHINGTON, D.C. – As part of the Obama Administration’s effort to prepare communities nationwide for the impacts of a changing climate, U.S. Secretary of the Interior Sally Jewell today announced that the Interior Department will make available $8 million to fund projects that promote tribal climate change adaptation and ocean and coastal management planning through its Tribal Climate Resilience Program.

“Sea level rise, coastal erosion, drought and more frequent and severe weather events are impacting Alaska Native villages and American Indian tribal communities across the nation,” said Secretary Jewell. “As governments at all levels work on these challenges, we are committed to partnering with American Indians and Alaska Natives to build more resilient and sustainable communities and economies. This funding can help tribes prepare and plan for climate-related events and build capacity to address these evolving challenges.”

“No one is impacted by climate change more than Native communities in Alaska, but we have also seen serious problems developing for tribal communities across the West and on both coasts. We must act to help protect these communities,” said Assistant Secretary – Indian Affairs Kevin Washburn. “The cultural and economic needs of tribes are tied to the land and protecting that land is a critical component of advancing tribal sovereignty and self-determination.”

Of the $8 million, $4 million will be available for Climate Adaptation Planning and another $4 million for Ocean/Coastal Management Planning. Funding will support tribal climate adaptation planning, training, and participation in technical workshops and forums. In addition, funding will support coastal tribes in addressing the challenges of coastal erosion and development, rising sea levels, ocean acidification, and emergency management.

The $8 million in tribal climate resilience funds will build on the nearly $2.3 million previously awarded last December to more than 40 federally recognized tribes and tribally chartered organizations to support tribal climate preparedness and resilience activities. The awards included more than $100,000 to benefit 22 Alaska Native villages, tribes and cooperative associations. The full list of awardees is available here.

As part of Executive Order 13653 of November 1, 2013, all federal departments and agencies are expanding efforts to help tribes, states, cities and localities prepare for the impacts of climate change. To comply with this Executive Order, the Secretary of the Interior’s Tribal Climate Resilience Program responds to the Recommendations and Supplemental Recommendations of the President’s State, Local, and Tribal Leaders Task Force on Climate Preparedness and Resilience and helps to implement President Obama’s Climate Action Plan. A key part of the Climate Action Plan is to build more resilient communities, and strengthen defenses for community’s already on the front lines of a changing climate.

Furthermore, the President’s proposed budget for FY 2016 includes $137 million to prepare communities and ecosystems for the challenges of a changing climate. Included in this request is $50 million to support competitive resilience projects in coastal areas. The budget also proposes to expand the Bureau of Indian Affairs’ Tribal Climate Resilience Program to specifically address the changing Arctic landscape and offer support to Alaska Native Villages and other critically vulnerable communities in evaluating options for the long-term resilience of their communities. Additional funding is requested in the U.S. Geological Survey (USGS) to increase understanding of the Changing Arctic and the linkages between climate, glaciers and impacts to the people who live there.

A Request for Proposal (RFP) will be available in the coming days and requests for the application can be sent to climate.funding@bia.gov or to the attention of Helen Riggs, Deputy Bureau Director, Office of Trust Services, Bureau of Indian Affairs, 1849 C St., N.W., MS-4620-MIB, and Washington, D.C. 20240.

The Assistant Secretary – Indian Affairs oversees the BIA, which is headed by a director who is responsible for managing day-to-day operations through four offices – Indian Services, Justice Services, Trust Services and Field Operations. These offices directly administer or funds tribally based infrastructure, law enforcement, social services, tribal governance, natural and energy resources, and trust lands and resources management programs for the nation’s federally recognized American Indian and Alaska Native tribes and villages through 12 regional offices and 81 agencies.

Senate Confirms First-Ever Native American Woman As Federal Judge

The Senate confirmed Diane Humetewa to the U.S. District Court for the District of Arizona, making her the first-ever Native American woman to serve on the federal bench.

Jennifer Bendery, Huffington Post

WASHINGTON — The Senate quietly made history on Wednesday night when it confirmed Diane Humetewa as a federal judge — the first Native American woman to ever hold such a post.

Humetewa was confirmed 96-0 to serve on the U.S. District Court for the District of Arizona. She is a former U.S. attorney in Arizona and a member of the Hopi tribe. She is now the first active member of a Native American tribe to serve on the federal bench and only the third Native American in history to do so.

The National Congress of American Indians celebrated Humetewa’s achievement.

“NCAI greatly appreciates the efforts of the President and Senate in achieving this historic confirmation,” the organization said in a statement. “There are many qualified, talented people like Diane Humetewa in Indian Country who are able and willing to serve. We eagerly anticipate many more nominations of Native people to the federal bench and other offices.”

E-cigarette use outpacing cigarette use among teens

Governor Jay Inslee gives sobering statistics for Washington youth

Snohomish County Health District

SNOHOMISH COUNTY, Wash. – At a press conference Thursday morning, Governor Jay Inslee released preliminary data from the 2014 Healthy Youth Survey in which 23 percent of Washington’s high school seniors reported using e-cigarettes. Furthermore, high school sophomores were vaping at twice the rate of regular cigarettes. This represents a significant increase in e-cigarette use since the 2012 survey.

“What we’re seeing is alarming,” said Dr. Gary Goldbaum, health officer and director at the Snohomish Health District. “The companies marketing these products are zeroing in on youth with ads featuring celebrities and other social media campaigns telling them that vaping is cool and safe. These are dangerous messages to send to our kids.”

Electronic cigarettes, also known as e-cigarettes or vaping devices, represent a market that has grown exponentially since they were first introduced in mid-2000s. They are typically equipped with a battery, an atomizer, and a cartridge for liquid nicotine. There are more than 400 different brands of e-cigarettes and the liquid nicotine comes in more than 7,000 flavors, all of which can be purchased online. The devices can also be used with marijuana, heroin, and other drugs.

The devices are not regulated by the Federal Drug Administration, so manufacturers are not required to disclose product ingredients. In addition to the nicotine, vaping may expose users and by-standers to harmful toxins like lead and formaldehyde. It will take decades to fully understand long-term effects of e-cigarettes and exposure to vaporized nicotine and other drugs.

“Nicotine is nicotine, regardless if smoked or vaped. We can’t afford to let years go by before acting to protect teens from a lifetime of health problems,” said Goldbaum. “This is a drug that the U.S. Surgeon General has noted is just as addictive as cocaine and heroin. We need to do more to protect our children–it’s critical that our legislators do what is in their power to keep these harmful devices off limits to Washington’s youth.”

A bill is currently under consideration during this legislative session. If approved, it would require retailers obtain licensing for the sale of vaping devices, prohibit internet sales, ensure child-safe packaging, and restrict marketing and sales activities targeted at youth. It would also impose a tax on vaping products that would be on par with other addictive substances like alcohol and tobacco. Taxing tobacco products has proven to be one of the most effective strategies to reduce the use of harmful and addicting substances, particularly among youth.

The final 2014 Healthy Youth Survey data and reports will be released by the Washington State Department of Health next month.

Snohomish Health District works for a safer and healthier community through disease prevention, health promotion, and protection from environmental threats. To read more about the District and for important health information, visit www.snohd.org.

An Indian Education for All

By Matt Remle

Matt Remle (blue shirt) with Denny Hurtado and Michael Vendiola from the Office of Native Education providing testimony to the Marysville School Board to adopt the STI curriculum. Photo by: Tulalip News/ Brandi N. Montreuil

The Washington State legislature has introduced a bill requiring Northwest tribal history, culture, and government to be taught in the common schools.

Washington SB 5433 is an amendment to the 2005 House Bill 1495. H.B. 1495 “encouraged” Washington State school districts to teach Northwest tribal history, culture, and government. The Since Time Immemorial tribalsovereignty curriculum (STI) grew out of H.B. 1495 and was developed in partnership with the 29 tribes in WA State and the State’s Office of Native Education.

Since its passage, only two school districts in the state have adopted STI as core, or mandated, curriculum. The Marysville school district located just north of Seattle and whose school boundaries include the Tulalip tribes became the most recent to do so.

State law makers are now seeking to have the curriculum required in the State’s schools with the introduction of S.B. 5433.

S.B. 5433 states:

“The legislature recognizes the need to reaffirm the state’s commitment to educating the citizens of our state, particularly the youth who are our future leaders, about tribal history, culture, treaty rights, contemporary tribal and state government institutions and relations and the contribution of Indian nations to the state of Washington. The legislature recognizes that this goal has yet to be achieved in most of our state’s schools and districts. As a result, Indian students may not find the school curriculum, especially Washington state history curriculum, relevant to their lives or experiences. In addition, many students may remain uninformed about the experiences, contributions, and perspectives of their tribal neighbors, fellow citizens, and classmates. The legislature finds that more widespread use of the Since Time Immemorial curriculum developed by the office of the superintendent of public instruction and available free of charge to schools would contribute greatly towards helping improve school’s history curriculum and improve the experiences Indian students have in our schools. Accordingly, the legislature finds that merely encouraging education regarding Washington’s tribal history, culture, and government is not sufficient, and hereby declares its intent that such education be mandatory in Washington’s common schools.”

If passed, Washington State would become the second state to mandate the teaching of tribal sovereignty curriculum. Montana is currently the only state to mandate Indian education for all state schools when it passed House Bill 528— the Indian Education for All Act, in 1999.

Matt Remle (Lakota) works for the Office of Indian Education in the Marysville/Tulalip school district and was on the curriculum committee that helped pass the districts requirement to teach the Since Time Immemorial tribal sovereignty curriculum in the Marysville schools.