Lifting Our Sisters Up at Tulalip Hibulb Cultural Center

By Monica Brown, Tulalip News Writer

 TULALIP, Wash.- “I never want to look at my granddaughter and say, sorry, there’s a one in three chance that you’ll be raped, sweetie,” exclaimed Theresa Pouley during the Lifting Our Sisters Up event held at the Hibulb Cultural Center on Feb 13th.  Theresa Pouley is Chief Judge at Tulalip Tribal Court and a Colville tribal member; she was selected as one of the four witnesses asked to speak at the event.

 It’s a shocking statistic when you realize it and if you turn to count the number of women in your own family; one in three of these women may have reported some type of sexual violence. Keep in mind though, 54 percent of sexual assaults are not reported to police. Until a remedial solution is found, Native woman will remain unprotected through current laws.

 For Native women that are victims forging their way to become survivors, it is an uphill battle with the current laws in place today. The current ruling comes from a 1978 United States Supreme Court case, Oliphant v. Suquamish. The Supreme Court sided with Oliphant, stating that Indian Tribal courts do not have inherent criminal jurisdiction to try and convict non-Indians. The ruling ultimately left a loophole for offenders in which violence involving a non-Indian and an Indian on tribal land will result in the case being moved to federal court and since many cases don’t make it that far, and are unable to be prosecuted in tribal court offenders are able to walk free.

 At the Lifting Our Sisters Up event Native woman gathered to share the painful truth of the peril that Native American woman are facing. Tulalip Vice Chairwoman, Deborah Parker opened the event by speaking encouraging words, “Today we are hoping to lift each other up, as sisters, as mothers, as aunties. Hopefully the words that are said here today will help you with your healing”. 

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 The day of healing was filled with songs, prayers, and many tears. Women from Tulalip and surrounding tribes came forward to recount some of the most painful moments in their lives in order to break the silence and say, violence against Native women is more prevalent than you know, because it happened to them.

 Tulalip Tribal member Carolyn Moses related memories of her youth growing up with domestic violence in her home life. She explained how her mother learned to be strong, and became a single mother who worked two jobs so that she could break the cycle of domestic violence and her children and her grandchildren would not have to endure it in their futures.

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 The Lifting our sisters Up event enabled women to speak out and tell the stories that are rarely shared in order to heal their spirit so that they may grow to be stronger women. The act of sharing personal hardships relieves some of the weight and to let go of the pain that can hold them down.

 “Share your story, if someone can take what happened to you and use that. If someone is reaching out to you, help them, no matter if you get along with them or not,”  urged witness and Tulalip tribal member Courtney Sheldon after recounting the injustices made against herself and her loved ones.  

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In order to overcome this hardship the laws in place need to change, whether it comes through VAWA or other means. Some may say they don’t understand the need for this type of rule adjustment and will even call it unconstitutional for non-Indians to be prosecuted in tribal courts. But, violations against Native women and some cases Native men need to be halted and the violators need to be held accountable for the life they ruin. What chance does a culture have to thrive when it is being torn down?

 “We [Native Women] are an endangered species and what will happen to our tribal nations?” argued witness Cheryl Coan; who is from the Dine’ Nation and works at Tulalip’s Legacy of Healing.

 To help spread the truth Canal Plus was invited to document these stories. Canal Plus, a French premium pay television channel that airs throughout Europe is similar to HBO in the U.S. Featured among many television selections, short documentary segments which focus on stories that are seldom told. Intrigued by the situation, Canal Plus traveled to Tulalip in order to document the stories of Native American women and the accounts of sexual assault and acts of violence which plague Indian Country.

Economy, distrust complicate allocation of tribal settlement money

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High Country News
News – From the February 18, 2013 issue
by Debra Utacia Krol

 When the Obama administration announced in April that it would pay 41 tribes some $1 billion to settle a lawsuit over federal mismanagement of trust funds, many saw it as a sort of stimulus package for Indian Country — a chance to invest in long-term development and infrastructure, such as schools, clinics and roads.

“The seeds that we plant today will profit us in the future,” Gary Hayes, chairman of southwestern Colorado’s Ute Mountain Utes, told the Associated Press. “These agreements mark a new beginning, one of just reconciliation, better communication … and strengthened management.” His tribe, which received $43 million, initially planned to distribute about $2,000 to each of its 2,100 members, dividing the rest — about 90 percent — between the tribe’s general fund and investments. The Utes have long wanted to build a school on the reservation and improve health care.

But a few months later, Hayes was facing a recall election over the plan, and all the funds were being distributed on a per capita basis, under pressure from tribal members. The same response has echoed from tribe to tribe across the West — one that speaks to both the hard economic times and the lack of trust in leadership in Indian Country.

In 2006, 40 tribes joined Idaho’s Nez Perce in filing suit against the U.S. Department of the Interior, alleging a century of mismanaged trust funds and royalties for oil, gas, grazing and timber rights on lands held in common by tribal communities. It’s a different battlefront than the better-known class-action lawsuit filed by Montana Blackfeet leader Elouise Cobell, which represents individual Natives whose resources were mismanaged by the agency. The $3.4 billion settlement of the Cobell case authorized by Congress in 2010 is finally being resolved after being tangled up in the courts, but the resolution of Nez Perce et al. v. Salazar allowed checks to be issued relatively quickly.

As the funds began rolling in, however, conflict, not celebration, ensued. Nearly every tribe that had hoped to invest or save or otherwise spend the money has met with resistance from tribal members who prefer to see it distributed on a per capita basis. Some have used social media to make their point, campaigning on Facebook and Twitter to pressure leaders to “show us the money.”

It’s not surprising: Native communities are plagued by economic troubles, and a check for $10,000 or so can make a big difference to an individual or a family. According to U.S. Census figures, one in four Native Americans lives in poverty; nearly half the families in Hayes’ Ute Mountain Ute Tribe live below the poverty line. The prospect of that money vanishing into the coffers of a tribal government that may have a history of corruption understandably worries some tribal members.

Miriam Jorgensen, research director of the Native Nations Institute at the University of Arizona, says that the distrust over the settlements’ use is a two-way street. “Tribal citizens can find it hard to trust that their leaders will not use the settlement monies for personal or political gain, and leaders can find it difficult to trust that tribal citizens will not simply let the money slip through their fingers.”

 Jorgensen likens the dilemma to the larger national discussion over taxes. “You want them cut or raised depending on the perceptions you have about how the money will be used,” she says. “But what is clear from both logic and research is that the tribal settlement monies, whether they are distributed to citizens or managed by tribal governments, will be of greatest use if they can be invested and spent in ways that generate benefits for the tribal community for years to come.”

The greatest beneficiaries so far are the Confederated Tribes of the Colville Reservation, a group of 12 tribes in eastern Washington, which received $193 million for mismanaged timber and range leases. Last summer, a major windstorm battered tribal forests, knocking down the equivalent of more than 2.5 million board-feet of lumber along with 200 power poles, and wildfires destroyed two families’ homes. The Colville Business Council had initially planned to use 80 percent of the settlement funds to restore the forests and to invest in other long-term projects, and disburse the remaining 20 percent, or about $4,000 to each of the 9,500 members.

But then Joanne Sanchez of Omak, Wash., a member of the Colville Tribe, decided that tribal members deserved a larger share. The recession has hit the reservation hard. In 2008, as the national economy was crashing, the two core local employers — a plywood manufacturing facility that also included a pilot power plant and the tribe’s lumber mill — shut down. Close to 700 jobs were lost in Omak, a community of about 3,500. “We have had hardship piled upon hardship,” says Yvonne Swann, 69, another tribal member fighting for distribution. Sanchez circulated a petition calling for a referendum on whether to distribute more funds to individuals and encouraged local media to cover the issue. Her efforts paid off: The tribe overwhelmingly supported the referendum. The tribal business council agreed to give each member another $6,100 in addition to the first payment. Now, about half of the total amount has been distributed.

“We’re at the lowest point economically, and we’ve been there for a while,” says Colville Business Council Chairman John Sirois, who has a master’s degree in public administration. “I can totally see why the people needed the extra funds — they need to pay bills that have been put off. They have medical bills.” The Colville Council still plans to use what’s left over for forest restoration and to mitigate the wildfires’ impacts on the land and water.

The original plaintiff in the case, the Nez Perce Tribe, distributed most of the $33.7 million it received to tribal members, but held back $3 million for the Native American Rights Fund, which handled the litigation.

And where are the millions paid out to individuals going? With a dearth of places to spend it in Indian Country, much of it appears to be stimulating the border town economy, instead. Take Cortez, Colo., an off-reservation town adjacent to the Ute Mountain Ute tribe, where total sales tax revenues increased by about 10 percent during the weeks when settlement checks of about $12,500 each were sent out. Car dealerships did especially well.

In the meantime, the conflict within other tribes continues. Swann, the Colville elder, is leading a charge there to get all of the money distributed. And in January, the 3,000-member Hoopa Valley Tribe in northern California voted to give themselves 100 percent of their $49.2 million settlement. Recently elected Councilman Ryan Jackson, who created a Facebook site to communicate with his constituency about the settlement and other issues, acknowledged that the central issue is “how the trust funds will be managed.” Jackson now plans to run for chairman.

State of the Union: Obama Vows to Step Up on Climate Change if Congress Doesn’t

Indian Country Today Media Network Staff, February 13, 2013

Having mentioned climate change in his inaugural address, President Barack Obama devoted a brief section to the crisis in his State of the Union message on February 12. Though cloaked in talk of energy independence, it did put the issue of Mother Earth’s changing climate squarely on the shoulders of Congress and the presidency.

The news stories are legion by now: melting ice and liquefying glaciers; fierce nor’easters and hurricanes moving farther north than ever before; drought in the southwest and the heartland; dropping water levels in the Great Lakes and major rivers; increased wildfires, with more to come; certain diseases increasing in both humans and animals; rising waters in the Pacific Northwest and in Alaska, and a proliferation of greenhouse gases fueled partly by melting permafrost.

“Now, it’s true that no single event makes a trend,” President Barack Obama said in his State of the Union speech on February 12. “But the fact is, the 12 hottest years on record have all come in the last 15. Heat waves, droughts, wildfires, floods—all are now more frequent and more intense. We can choose to believe that Superstorm Sandy, and the most severe drought in decades, and the worst wildfires some states have ever seen were all just a freak coincidence. Or we can choose to believe in the overwhelming judgment of science—and act before it’s too late.”

He exhorted Congress to put partisan politics aside and tackle the issues emerging in this changing environment.

“I urge this Congress to get together—pursue a bipartisan, market-based solution to climate change, like the one John McCain and Joe Lieberman worked on together a few years ago,” Obama said. “But if Congress won’t act soon to protect future generations, I will. I will direct my Cabinet to come up with executive actions we can take, now and in the future, to reduce pollution, prepare our communities for the consequences of climate change, and speed the transition to more sustainable sources of energy.”

Environmentalists lauded the speech and its attention to climate change, citing the decisive nature of the actions that Obama will take if Congress sits by. But it was not lost on them that his speech, by focusing mainly on energy independence, left open the door to approval of the Keystone XL pipeline.

“The Sierra Club thanks President Obama for his strong words in his State of the Union address, and we applaud his vow to prioritize innovative climate solutions, including investments in jobs-producing solar and wind energy as well as a focus on energy and fuel efficiency,” Sierra Club executive director Michael Brune said in a statement.

These are critical steps forward in the fight against climate disruption, but that progress would be rolled back by more destructive oil drilling and gas fracking, and the burning of toxic tar sands,” Brune said. “President Obama has the authority to create a robust clean energy economy and lead the world on climate solutions. He also has the executive power to reject the dirty Keystone XL pipeline, stop natural gas exports, reject trade agreements that put our air and water at risk, put an end to destructive Arctic drilling, and hold polluters accountable for their pollution. He has our full support to wield that power, and we will push him every step of the way to ensure a safer future for Americans.”

The Natural Resources Defense Council (NRDC) noted the way Obama made adapting to and preventing climate change a cornerstone of economic policy. NRDC President Frances Beinecke applauded Obama’s “assertive agenda for reducing dangerous carbon pollution more broadly, promising to lead a national effort to cut energy waste in half by 2030 and advance our use of renewable power,” she said in a statement.

“Unchecked climate change endangers our environment, our communities, our health, and our economy,” Beinecke added. “It demands a comprehensive approach, and President Obama laid out some of the most critical elements of such an approach on Tuesday night.”

 

Read more at http://indiancountrytodaymedianetwork.com/2013/02/13/state-union-obama-vows-step-climate-change-if-congress-doesnt-147653

Bill would add potential drug test for welfare

Source: www.bellinghamherald.com
By RACHEL LA CORTE — Associated Press

February 13, 2013

OLYMPIA, Wash. — A measure modeled on a new Utah law would add a potential drug testing requirement to those seeking family welfare benefits in Washington state, but would allow them to continue receiving money while seeking treatment as long as they stay drug-free.

The bill will have its first public hearing before a Senate committee Thursday. It would require applicants whom case workers have determined have a drug problem to undergo a drug test and participate in a treatment program to receive the monthly cash grant that is part of the state’s temporary assistance for needy families program, known as TANF.

“I think taxpayers want to make darn sure the money is going for groceries for the kids and not for dope,” said Sen. Don Benton, a Republican from Vancouver who is sponsoring the Senate bill. “I think the taxpayers have a right to confirm that. “

Though the numbers vary year by year, as of June, between 121,000 and 134,000 people received an average monthly payment of $373 through TANF. To be eligible, applicants must either have a child or be pregnant and meet certain income requirements. For example, a family of three that has earnings of less than $955 each month would be eligible for cash assistance from TANF.

Washington is among nearly two dozen states that have introduced bills this year to require some form of drug testing for public assistance recipients, according to Rochelle Finzel with the National Conference of State Legislatures.

Seven states have such laws on the books, but some that have passed blanket welfare drug-testing laws have faced legal challenges amid constitutional concerns.

Florida passed a welfare drug-testing program in 2011, but it’s on hold after a challenge from the American Civil Liberties Union. The 11th U.S. Circuit Court of Appeals is reviewing the case. The implementation of a law passed by Georgia last year also is on hold, with officials there saying they’re awaiting the outcome of the Florida case.

In 1999, a drug-testing program in Michigan was halted after five weeks and eventually ended with an appeals court ruling it was unconstitutional.

Additional states require individuals with felony drug convictions to comply with drug-testing requirements to be eligible for assistance. Others, including Washington State, have an interview screening process that does not include a drug test, according to the National Conference of State Legislatures.

Republican Rep. Jan Angel of Port Orchard has introduced a companion bill to the Senate measure in the House. She said that because of the constitutional issues raised in other states, she modeled her bill on the measure approved last year in Utah, which requires only those shown through a questionnaire to have a “reasonable likelihood” that they’re using drugs to take a drug test.

As in the Washington state measure, applicants in Utah who fail the drug test can continue receiving benefits while seeking treatment. Utah’s law took effect in August.

“I look at this as two sides of a coin,” Angel said. “Help the family be able to meet their needs and feed their children, and get help to the person who needs it because of the drug addiction.”

Currently, the state Department of Social and Health Services determines during a face-to-face interview whether an applicant has a drug problem. If so, the applicant is given a referral they must attend where a determination on treatment is decided, said Babs Roberts, director of the DSHS community services division.

If the applicant fails to follow up with the referral or treatment plan, they receive reduced benefits for up to four months, during which time case managers continue to work with them. If they still don’t comply after four months, their benefits are terminated.

Roberts said some clients are drug-tested if they’re in a treatment program where testing is part of that plan.

Angel said that because there’s no state requirement for an initial drug test, “people can fall through the cracks.”

Under her measure, the Department of Social and Health Services must create a drug-testing program that would be paid for by the state.

If the applicant is assessed as having a drug problem and refuses to take the test, they are put on a probationary status and receive only a portion of their benefit for four months. After that, if they still refuse to take the drug test and receive treatment, benefits are ended and they can’t reapply for 28 days.

Applicants who agree to take the initial test and treatment would be subject to subsequent drug tests and face the same probationary period and possible termination of benefits if they fail or refuse to take the test.

Democratic Gov. Jay Inslee opposes the measure, as does the state ACLU.

Alison Holcomb, drug policy director for the ACLU of Washington, said the bill is unclear on exactly what triggers the drug testing requirement, which she says raises questions about adequate due process.

Rep. Ruth Kagi, a Democrat from Shoreline who is chairwoman of the House Early Learning and Human Services Committee, wrote in a House Democratic blog post that the measure was a “solution looking for a problem.”

“Our state can and does cut people off assistance if they have a substance abuse problem and do not get treatment,” she wrote. “Adding an actual drug test would only add cost and bureaucracy – neither of which is in the taxpayers’ best interests.”

Because Angel said her bill would not receive a hearing in the Democratic-controlled House, Benton said he offered to introduce it in the Senate, which is controlled by a Republican-leaning majority coalition that includes two Democrats.

The drug testing measures are Senate Bill 5585 and House Bill 1190.

Online:http://www.leg.wa.gov Follow Rachel La Corte at http://www.twitter.com/RachelAPOly or http://www.facebook.com/news.rachel

 

Read more here: http://www.bellinghamherald.com/2013/02/13/2878145/bill-would-add-potential-drug.html#storylink=cpy

VAWA passes 78-22

By Monica Brown, Tulalip News Writer, February 12, 2013

The VAWA bill has passed 78 to 22 today. It already had 62 co-sponsors which helped ensure its passage, but it picked up additional support from a handful of Republicans who weren’t already sponsoring it.

“Today the Senate took a major step forward to protect all victims of domestic violence across America,” Sen. Maria Cantwell said. “And because of the Senate bill, nearly 500,000 women in Indian Country will receive better protection if we can get this onto the President’s desk and signed.”

The reauthorization bill includes improvements to extend domestic violence protections to individuals, including women in Tribal communities, who suffer disproportionately from domestic violence due to complex jurisdictional loopholes.

The Senate’s reauthorization bill increases protection for 30 million women regardless of sexual orientation, immigration status, or residency on Tribal land. The bill authorizes $659 million over five years for VAWA programs and expands VAWA to include new protections for LGBT and Native American victims of domestic violence, to give more attention to sexual assault prevention and to help reduce a backlog in processing rape kits.

Senators voted on a few amendments to the bill. They voted 93 to 5 to include a provision that targets human trafficking, and 100 to 0 on a provision that ensures child victims of sex trafficking are eligible for grant assistance. They rejected the amendments by Sen. Tom Coburn (Okla.) to consolidate certain Department of Justice programs and to allow grants for sexually transmitted disease tests on sexual assault perpetrators.

“The Senate sent a very clear message that no matter where you live, you deserve to be protected,” Sen. Cantwell said at today’s press conference. “And the message was equally clear that you cannot escape accountability for committing crimes against women. So this final bill that we now move to the House of Representatives will help us close the gap in the legal system for prosecuting domestic violence on Indian reservations.”

“The clock is still ticking and over 160 million women across the country are watching and waiting to see if the House will act on this bill and finally provide them the protections from violence they deserve. And just like last Congress, we all know it will take leadership from Speaker Boehner and Leader Cantor to move this bill forward. The fate of VAWA still lies squarely on their shoulders and too many women have been left vulnerable while they have played politics,” Sen. Patty Murray

The issue of tribal court is expected to be a hurdle as lawmakers try to reconcile the Senate bill with the eventual House bill. Two House Republicans, Tom Cole (Okla.), who is of Native American heritage, and Darrell Issa (Ca.) — have been pushing a compromise that would give defendants the right to request that their trial be moved to a federal court if they felt they were not getting a fair trial. Others have argued that those tried in Indian courts should have better defined rights to appeal to federal courts.

 

How Much Does Sally Jewell, Interior Secretary Nominee Know About Indian Country?

By Rob Capriccioso, Indian Country Today Media Network

President Barack Obama surprised many in Washington, D.C. on February 6 by announcing his nomination of a political unknown, Sally Jewell, to become his next Secretary of the Department of the Interior after the impending exit of Ken Salazar.

Jewell, CEO of an outdoor gear and clothing company called Recreational Equipment Inc., will be expected to oversee an agency that includes the Bureau of Indian Affairs and many Indian-based areas, including trust programs, education, and economic development. She is also a former commercial banker and oil company engineer longtime advocate for conservation and outdoor recreation.

So what does Jewell, 56, know about Indian country?

Not much, according to her biography, and her office hasn’t responded to queries on whether she has personally taken an interest in Indian issues in her previous positions.

On that question, the White House has also been mum, saying that her office should be contacted, but adding that she is expected to be committed to Native Americans.

“The President has clearly demonstrated a strong commitment to Indian country over the past four years, and Mrs. Jewell is deeply committed to continuing to build on our nation-to-nation relationship with Indian country,” said spokesman Shin Inouye when asked about whether the White House has investigated her experiences involving Indian country-related issues.

“She is committed to building our nation-to-nation relationship with Indian country,” echoed Obama in his nomination speech of Jewell.

One small Indian-related fact has emerged to date about Jewell’s past: While she served on the Board of Regents of the University of Washington, the group approved the construction of the university’s new $5.8 million longhouse.

Despite the seemingly thin Indian-focused resume, Indian supporters of Jewell from Washington state said her career offers some insight into the type of leader she will be if confirmed by the Senate. “Sally’s strong roots in the Seattle Area, her leadership at REI, WaMu, and the University of Washington, have given her a clear perspective on the power and culture of the many Indian nations in the area,” said Chris Stearns, a Navajo attorney with the Hobbs Straus Dean & Walker law firm in Seattle, and a former Clinton Administration official. “She has been a hands-on leader of REI who built a culture of inclusivity and respect among its employees and shareholders. DOI is a much different beast than REI, no doubt, but her leadership style and history bode well for Indian country.”

“I receive the word of President Obama’s appointment of Ms. Jewell with confidence and great anticipation that she will do an exceptional job for not only tribal nations but all people and for the wondrous natural heritage of our great country,” said Fawn Sharp, president of the Quinault Indian Nation and the Affiliated Tribes of Northwest Indians, in a statement. Sharp said that she has “great faith and trust that [Jewell] will understand the incredible significance of her new position to the tribal nations, and that she will always work with us to help safeguard and restore the environment, and support the rights, the heritage and the way of life of Native people.”

Some Indian organizations, while not intimately familiar with Jewell, praised her selection.

“Sally Jewell’s diverse experience in energy, conservation, and stewardship efforts, presents an exciting opportunity for the country and tribal nations to make great strides and continue the transformation of the Department of the Interior under this President,” according to a statement from the National Congress of American Indians.

“Indian tribes have much to offer regarding the deeper mysteries and wonder of this continent,” said Brian Patterson, president of the United South and Eastern Tribes organization, in a statement. “Ms. Jewell’s experience and background indicate that in a variety of ways she has this sense of wonder and sincerely seeks to understand these mysteries.”

Indian country-focused Congress members are also paying attention to Jewell’s knowledge of Indian issues, and senators plan to ask her about it during the confirmation process.

“Senator Cantwell is confident that Sally Jewell would continue the Obama Administration’s progress in strengthening the government-to-government relationship with Indian country,” said Jared Leopold, a spokesman for Sen. Maria Cantwell, D-Wash., and chair of the Senate Committee on Indian Affairs. “Senator Cantwell looks forward to discussing issues important to tribes during Sally Jewell’s confirmation process.”

“Congressman Young hopes that if confirmed, Ms. Jewell shows a willingness to work with Congress on issues such as increased tribal self-governance and responsible resource development,” added Michael Anderson, a spokesman for Rep. Don Young, R-Alaska, and chair of the Subcommittee on Indian and Alaska Native Affairs.

Born in Britain, Jewell has two grown children with her husband, Warren, and she is a graduate of the University of Washington.

 

Read more at http://indiancountrytodaymedianetwork.com/2013/02/08/how-much-does-sally-jewell-interior-secretary-nominee-know-about-indian-country-147558

NAFSA applauds President Obama’s nomination of Sally Jewell for Secretary of the Interior

 

Native American Group Urges Secretary-designate to Protect Government-to-Government Relationship between Tribal Nations and Federal Government

NAFSA
Native American Financial Services Association

http://www.mynafsa.org/

WASHINGTON, DC (February 8, 2013) – Following President Obama’s announcement earlier this week that he would nominate Sally Jewell, President and CEO of REI, to succeed retiring Secretary Ken Salazar at the helm of the Department of Interior, The Native American Financial Services Association (NAFSA) issued the following statement:

“With so many Department of the Interior bureaus and agencies impacting daily life on Native American reservations, Sally Jewell is an outstanding choice to succeed Secretary Salazar,” said Barry Brandon, Executive Director of NAFSA. “She understands the value of our precious wilderness and how important it is to protect our public lands. It is our hope that she will use her new post as Interior Secretary to continually strengthen the unique government-to-government relationship that our tribes share with the federal government. We applaud her nomination and look forward to working with her.”

The Department of the Interior (DOI) is accountable for the administration and preservation of most federal land and natural resources, as well as the management of programs relating to Native Americans, Alaska Natives, and Native Hawaiians. Included within DOI is the Bureau of Indian Affairs, the oldest bureau in the Interior Department.

The Bureau of Indian Affairs provides services to approximately 1.9 million native peoples on reservations across the United States. Additionally, the bureau manages 55 million surface acres and 57 million acres of subsurface minerals held in trust by American Indians, Indian Tribes, and Alaska Natives. If confirmed by the Senate, Jewell will have immense jurisdiction around Native American life.

Jewell, a former oil company official and outdoor enthusiast, won the 2009 Rachel Carson award from the Audubon Society for work furthering environmental efforts. Jewell is vice chairwoman of the National Parks Conservation Association and additionally serves as a board member of the Mountains to Sound Greenway Trust; a linked network of green spaces, and historic towns recreational opportunities in Washington State.

About NAFSA
The Native American Financial Services Association (NAFSA) formed in 2012 to advocate for Native American sovereign rights and enable tribes to offer responsible online lending products.  Through the protection of consumer rights and sovereign immunity, NAFSA provides vital services to tribally operated lenders serving the under-banked with better short term financial services, furthering economic development opportunities in Indian Country.

Lummis move to get trust land status worries local governments

JOHN STARK; THE BELLINGHAM HERALD

Updated: Feb. 1, 2013 at 6:01 p.m. PST

 

FERNDALE – Whatcom County and the city of Ferndale have written letters to the U.S. Bureau of Indian Affairs opposing Lummi Nation’s move to get trust land designation for an 80-acre site south of Slater Road and west of Interstate 5.

The land had been mentioned as a possible site for both a new county jail and a new Costco store before the tribe acquired it from Ralph Black and family for a reported $5.4 million in late 2011. Ten of the 80 acres are inside the Ferndale city limits, while the remainder is within Bellingham’s legally designated urban growth area. That means it is earmarked for eventual Bellingham annexation.

Tribal trust designation would move the parcel out of city, county and state jurisdiction and take it off property tax rolls.

In his letter to BIA Northwest Regional Director Stanley Speaks in Portland, Ore., Ferndale City Administrator Greg Young notes that in 2006 Ferndale supported Lummi Nation’s earlier move of 3.78 acres into trust status for construction of the tribe’s Gateway Center. The city threw its support behind the tribe’s plans after working out a deal to compensate the city for loss of tax revenue, making an annual payment to the city that is meant to be roughly equivalent to the taxes that would otherwise have been collected without the trust land designation.

Young’s letter says recent negotiations with Lummi over the 80-acre parcel have not borne fruit, and he expresses concern that more transfers of land into trust status could follow.

“While we supported this prior trust conversion and appreciated the Lummis’ desire to have direct freeway exposure, we are now extremely concerned over what may become a pattern of slow but continuous removal of essential land from Ferndale – as you may be aware, not only have the Lummis purchased this 80-acre site, they hold purchase options on additional property in this area. Apparently they have adopted a strategy of land purchase, trust conversion, and development in this area – leading to direct and unavoidable harm to the city of Ferndale.”

Young’s letter also suggests that Lummi Nation may be hoping to imitate the Tulalip Tribes’ big commercial development along Interstate 5 in Marysville.

“It is understandable that the leaders of the Lummi Nation want to mimic the development success of the Tulalip Tribes to the south, but this should not be accomplished and coupled with perpetual harm to the city of Ferndale,” Young wrote.

The Whatcom County Council approved a letter of opposition to the Bureau of Indian Affairs after discussing the matter in a closed session on Tuesday, Jan. 29.

“There is no information regarding the proposed use or development,” says the letter, signed by County Executive Jack Louws and County Council chairwoman Kathy Kershner. “Nor has the Nation consulted with Whatcom County or entered into any agreements regarding the use of the land with any of the three impacted jurisdictions.”

In her own letter to Speaks at the Bureau of Indian Affairs, Bellingham Mayor Kelli Linville does not flatly oppose tribal trust land status.

“The City of Bellingham values its relationship with the Lummi Nation and is confident that, if given an opportunity, the concerns can be addressed through a government-to-government agreement that respects the self-determination of the Lummi Nation,” the letter says. “However, we believe these issues need to be addressed prior to a determination on the (trust) application.”

Linville’s letter states that the impact on the city goes far beyond the 70-acre section of Lummi Nation property that is inside the city’s urban growth area: Another 445 acres in the growth area would be cut off from the city if the 71-acre section is converted to trust status and cannot be annexed by the city.

Those 445 acres are industrially zoned.

“Bellingham has a shortage of industrial-zoned parcels that are sufficient in size and unencumbered by wetlands,” Linville’s letter says. “Conversion of the subject property to trust status would significantly erode Bellingham’s future industrial land base.”

In a later interview, Ferndale’s Young said as he understands it, the Bureau of Indian Affairs’ regional director has the discretion to approve trust status to the Lummi land, with or without the approval of local governments. But the local governments could appeal that approval, if it comes, to the U.S. Department of the Interior in Washington, D.C.

In his talks with Lummi officials, Young said he got the impression that the tribe may not yet have definite plans for the property.

Linville said she got the same impression during a Thursday, Jan. 31, phone conversation with Lummi chairman Tim Ballew.

“He restated that the tribe didn’t have any plans,” Linville said. “There were no details to give me.”

Linville also agreed that the city and other local governments have a right to comment, but the BIA can give the property trust status despite local objections.

Linville said she told Ballew she would like to work with the tribe to find a mutually beneficial approach to development of the tribe’s property.

Lummi Nation and the BIA did not respond to requests for comment.

 

Read more here: http://www.thenewstribune.com/2013/02/04/2458700/lummis-move-to-get-trust-land.html#storylink=cpy

Inslee guarded on tribe casino, Governor says he hasn’t made decision

By Jim Camden of The Spokesman-Review

Article:
http://www.spokesman.com/stories/2013/feb/07/inslee-guarded-on-tribe-casino/

Feb 7, 2013

OLYMPIA – Gov. Jay Inslee wouldn’t say Wednesday which way he’s leaning on the Spokane Tribe’s proposed casino on the West Plains. Inslee has the final ability to block the project near Fairchild Air Force Base even if federal officials sign off on it.

“It will be important for me to make the decision based on the facts and the evidence,” he said.

Inslee, taking questions at a morning news conference, said he would make “the right decision” but quickly added: “I won’t tell you what that is right now, because I have not made it.”

The decision will come after a “clean, academic, dispassionate review” but beyond that, he said he believed it was best not to discuss the casino or whether he would support more gambling facilities in the state.

“There are ramifications for the state beyond this specific application. I will be considering those in the decision,” Inslee said.

In his campaign for governor, Inslee received support from both the Spokane Tribe, which wants to build the casino, and the Kalispel Tribe, which owns the nearby Northern Quest casino and is opposed to the proposed facility. Each tribe gave Inslee $3,600, the maximum contribution from an individual source.

Overall, Indian tribes contributed $60,675 to Inslee’s gubernatorial campaign compared to $11,600 to his Republican opponent, Rob McKenna. Neither the Spokanes nor the Kalispels contributed to McKenna’s gubernatorial campaign.

Last week the federal Bureau of Indian Affairs released an environmental impact statement that said its preferred alternative was the largest of three construction options the Spokane Tribe has proposed for land north of U.S. Highway 2, across from the base. The agency continues to take comments before issuing its “record of decision,” after which the secretary of the interior must decide whether the casino is in the best interests of the tribe and the surrounding community. After that, Inslee must agree with the secretary’s decision before gambling can occur on the property.

The bureau looked at three construction options as well as building nothing on the property. It said a plan for a casino with about 98,500 square feet for electronic gaming devices and tables, a 300-room hotel with a 145-foot tower, restaurants, bars, convention space and a 96,000-square-foot shopping

REI chief: outsider pick for Interior secretary

President Obama Wednesday named REI CEO Sally Jewell as his nominee to replace Interior Secretary Ken Salazar. Selecting a businesswoman instead of a politician is unusual.

By Craig Welch, Jim Brunner and Kyung M. Song, Seattle Times Reporters

When President Obama picked REI’s chief executive to oversee the nation’s public lands, he chose a Seattle businesswoman steeped in Western land issues — a kayaker, skier and climber as familiar with a hard hat as she is with an ice ax.

Sally Jewell, 56, the Kent-based outdoor-retail co-op’s president and CEO, has worked as an oil-field engineer and a commercial banker. She spent years toiling behind the scenes on recreation, national-park and wildland conflicts, under Democratic and Republican presidents.

But Obama’s choice for secretary of the Interior — a post responsible for everything from wildlife refuges and coal leasing to national parks and offhore oil drilling — comes with markedly little experience in the often-combative ways of D.C. politics.

The post of Interior secretary is typically filled by an experienced politician from the West; Jewell has never held elected public office.

Still, her eclectic résumé and reputation as a low-key problem solver were enough to earn her quick praise from politicians and interest groups usually at odds with one another.

Environmental groups, including American Rivers and Trout Unlimited, applauded her conservation ethic, her efforts to find more funding for national parks and her work showing that environmental stewardship is also good for business. Sierra Club Executive Director Michael Brune said Jewell has “a demonstrated commitment to preserving the higher purposes public lands hold for all Americans — recreation, adventure and enjoyment.”

At the same time, the Western Energy Alliance, which represents the oil and natural-gas industry in the West, also welcomed Jewell’s nomination.

“Her experience as a petroleum engineer and business leader will bring a unique perspective to an office that is key to our nation’s energy portfolio,” said Tim Wigley, the group’s president.

None of the applause surprisedRepublican Dirk Kempthorne, a former Idaho governor and U.S. senator who served as Interior secretary under President George W. Bush.

“Sally Jewell will be a terrific secretary of the Interior,” Kempthorne said. “She combines a keen intellect with equally keen hearing. She listens well, takes in the information and asks very, very pertinent questions.”

In making the announcement, Obama mentioned Jewell’s deep knowledge — and her relatively thin political résumé — as assets.

“Even as Sally has spent the majority of her career outside of Washington (D.C.) — where, I might add, the majority of our interior is located,” he said, “she is an expert on the energy and climate issues that are going to shape our future. … She knows the link between conservation and good jobs.”

In her remarks, Jewell said: “I have a great job at REI today, but there’s no role that compares to the call to serve my country as secretary of the Interior.”

Complex issues await

Jewell is the first woman among Obama’s second-term Cabinet nominees.

The White House had faced criticism that the new Cabinet lacked diversity after Obama tapped a string of white men for top posts. Obama then promised more diverse nominees.

Former Washington Gov. Chris Gregoire also had been named as a possible contender for the job.

In an interview with The Seattle Times in 2000, Jewell said she grew up wanting to be “a scientist, an oceanographer, a forest ranger — mostly outdoor-related things.”

If confirmed, she faces no shortage of complex issues.

The Interior Department is responsible for more than 500 million acres of public lands, from Yellowstone National Park to the Lincoln Memorial. It administers the Endangered Species Act (ESA) and is a major player in fighting wildfires.

It oversees the scrublands of the Bureau of Land Management and is responsible for leasing rights to oil, coal, gas and heavy metals even when found under land managed by other departments. Interior employs more than 70,000 people.

Jewell has served on the board of the National Parks Conservation Association, which for a decade has complained that budgets for the nation’s park system have been pared to the bone.

The next Interior secretary also will play a key role in deciding whether to protect sage grouse under the ESA, a move that would heavily impact oil and gas development in several Rocky Mountain states.

Interior also oversees the dwindling Colorado River, the lifeblood of several states and a source of water for Southern California, and nascent efforts to drill offshore in the Alaskan Arctic.

Jewell also would be thrust into the center of the battle over exporting coal from the Northwest to Asia. Interior oversees the leasing program that, under Obama, has opened more land in Wyoming and Montana to coal extraction just as domestic coal use has declined. That has prompted an industry push for more exports.

Earlier Obama call

Jewell’s pick was praised by U.S. Sen. Patty Murray, D-Wash., who said in a statement she had worked closely with Jewell on public-land policy and conservation initiatives in Washington state, including the effort to expand the Alpine Lakes Wilderness and create the Wild Sky Wilderness.

Alaska Sen. Lisa Murkowski, ranking Republican on the Senate panel overseeing the Interior Department, offered a noncommittal statement Wednesday, saying she wanted to hear more about Jewell’s qualifications and “how she plans to restore balance to the Interior Department.”

A more hostile response came from Republican U.S. Rep. Rob Bishop of Utah, chairman of the House subcommittee on public lands, who said he had reservations about REI’s links to “special-interest groups” with “radical political agendas.”

Still, Jewell’s confirmation would put a prominent representative from the business community in the president’s Cabinet.

Jewell was born in England, but moved to the Seattle area before age 4 and is a U.S. citizen.

After graduating from the University of Washington with a mechanical-engineering degree, Jewell married and took a job with Mobil Oil, working in the oil fields of Oklahoma.

She spent three years in the industry before moving back to Seattle to work for Rainier Bank in 1981.

“Oil and gas isn’t found in the most pleasant places in the world and, being a woman, there were things I had to put up with that would be considered illegal now, and it just became tiresome. I also wanted to raise my children around grandparents,” she told Seattle Business magazine last year.

In 1996, she became an REI board member. She was named CEO at REI in 2005.

She has been a donor to Obama’s campaigns, and enjoys a bit of a personal relationship with the president. In 2009, she was sailing with her husband off Port Townsend when her daughter called her cellphone to say the president had invited her to the White House.

The president had asked Jewell and other business leaders from around the country to discuss health-care costs.

During the visit, Obama praised REI for providing health insurance for part-time employees, as well as full-time workers.

While Jewell is more closely identified with the Democratic Party than the Republican Party, she made a high-profile appearance with Sen. John McCain, R-Ariz., in 2008 when he was running for president.