Yakama Nation Strikes Historic Agreement With DOJ, FBI To Settle Litigation Over 2011 Reservation Raid

FBI Agrees To Communicate With Yakama Police Before Entering Yakama Indian Country

Source: Intercontinental Cry

AUGUST 26, 2013 – Toppenish, WA – The Confederated Tribes and Bands of the Yakama Nation have reached an unprecedented, out-of-court settlement with the United States Department of Justice (DOJ), principally the Federal Bureau of Investigation (FBI).

The settlement fully and finally resolves Yakama’s lawsuit against the FBI and several of its sister law enforcement agencies, as well as various county and municipal police agencies from Washington State, Mississippi and Virginia. That suit arose from a federal task force raid of Yakama Reservation trust lands that commenced at dawn on February 16, 2011. Upon word of the settlement on August 15, 2013, U.S. District Court Judge Rosanna Peterson closed the case.

“Today is historic. The United States has agreed to honor the law enforcement protocols set forth in the Yakama Treaty of 1855. That is unprecedented.” said Yakama Nation Tribal Council Chairman and former police chief Harry Smiskin. “From today forward the FBI will communicate with Tribal Police before they enter Yakama Indian Country. I am confident that the resulting cooperation between federal and tribal cops will greatly improve public safety throughout our territories.”

Through Article II of the Yakama Treaty of 1855, the Yakama Reservation was set apart for the exclusive use and benefit of the Yakama Nation. To that end, the Yakama Treaty makes clear that no “white man” shall be permitted to reside upon Yakama Indian Country without permission from the Yakama Nation. Federal Treaty negotiators explained to the Yakama that Article II meant that no one – not even United States agents, with the lone exception of today’s Bureau of Indian Affairs agents – would be permitted to step onto Yakama Reservation lands without the Yakamas’ consent.

Also, in Article VIII of the Yakama Treaty, the United States and Yakama Nation set forth a process for delivering Yakama criminals or suspects who are in Yakama Indian Country to federal authorities. Federal Treaty negotiators explained to the Yakama that Article VIII meant there would be a consultation process between the Head Chief or all of the Yakama Chiefs, and the United States, relative to any Yakama alleged to have committed a wrong, before they might be delivered up to federal authorities.

The settlement agreement between Yakama and DOJ is called, “Recitals of Joint Law Enforcement Goals.” It recites that:

• “The Parties have a common interest in preventing violence, fighting crime in, and ensuring the safety and security of Yakama Indian Country…”

• “The United States embraces the federal government’s special trust responsibility to and relationship with the Yakama Nation, consistent with the Treaty of 1855, federal law, Executive Orders, and judicial decisions.”

• “The United States acknowledges that the Yakama Nation has no interest in promoting, condoning, or protecting criminal activities by its members; as such, the Yakama Nation will not intentionally harbor fugitives and desires to partner with the United States in law enforcement matters.”

• “The United States recognizes that maintaining a close and cooperative relationship with the Yakama Nation is essential to preventing and combating crime and assisting crime victims.”

• “The United States recognizes that in an age of increasingly complex criminal and national security threats, the common interests of the Yakama Nation and the federal government are best served by appropriate coordination, communication and information-sharing between the Parties.”

• “The Parties agree that it is in the best interests of both governments to identify practical ways to coordinate and communicate effectively with respect to law enforcement matters.”

• “Both Parties commit to acting in good faith to advance and act consistently with these goals.”

The operative provision of agreement provides:

In keeping with its law enforcement duties, DOJ law enforcement remains committed to communicating with Yakama Tribal Police concerning its law enforcement activities in Yakama Indian Country, as operational integrity concerns, including officer and public safety, permit, and will communicate with tribal police at the earliest prudent and practicable opportunity about enforcement operations undertaken in Yakama Indian Country (emphasis added).

In March 2011, the Yakama Nation sued federal law enforcement agencies and several local governments for violating these federal Treaty provisions when raiding a Yakama member-owned business on Yakama trust lands without providing any advance notice to Yakama authorities, and in turn barring Yakama Nation cops who arrived at the scene of the raid to help keep the peace.

Since the summer of 2012, the parties engaged in settlement discussions and negotiations. In June 2013, Yakama reached out-of court settlements with Yakima County, Benton County, and the local governments from Virginia and Mississippi (Yakima Herald Republic).

It’s time for civil rights and environmental activists to join hands

Brentin Mock, Grist

Somehow environmental justice got lost at the rally commemorating the 50th anniversary of the March on Washington for Freedom & Jobs. The 50-plus speakers at the Aug. 24 gathering, which drew tens of thousands of people to the nation’s capital, spoke out about restoring voting rights, fighting “stand your ground” laws, and pushing for stronger worker wages. But little was said about how people of color suffer disproportionately from polluted air and water, and are the first to suffer because of climate change.

That was unfortunate. Whether the organizers of last weekend’s rally knew it or not, the 1963 March on Washington inspired some of the pioneering activists who created the modern-day environmental movement. Some of those environmentalists participated in the civil rights movement that birthed the 1963 March. Since that time, however, the environmental and civil rights movements have never fully gelled together, despite some efforts to make that happen along the way.

There were signs that the organizers of last weekend’s rally were again trying to connect the dots. The National Action Network, the civil rights organization that lead the 50th anniversary rally, listed environmental justice as one of the issues motivating the march:

In Los Angeles, African Americans are twice as likely to die in a heat wave. 68% of African Americans live within 30 miles of a coal plant and this creates more incidences of asthma. Latino children are twice as likely to die from an asthma attack as non-Latino children.

Rev. Lennox Yearwood of the Hip Hop Caucus made climate change and the proposed Keystone XL tar-sands pipeline cornerstones of his short speech, and U.S. Senate-hopeful Cory Booker touched on the environment. The Sierra Club and Greenpeace supported the march, both individually and through the Democracy Initiative, a coalition of progressive policy groups that also includes the NAACP.

But those two speakers were but a tiny sub-set of a sub-set of speakers, and the green posters of the Sierra Club were but small ponds among the ocean of attendees. Organizers largely missed an opportunity to recognize the longstanding connection between civil rights and environmental protection, and to forge a stronger alliance moving forward.

To be fair, environmental protection wasn’t a registered demand at the 1963 march. Those organizers were justifiably more concerned with the frothing, attack-trained fangs of Jim Crow. But the 1963 march is in many ways responsible for at least midwifing the event that brought the modern-day environmental movement into existence: the national Earth Day “teach-in” of 1970.

The concept for the April 22 Earth Day rally came from Wisconsin Sen. Gaylord Nelson. But the committee that brought it into fruition was made up of seven people, most of them students, and most either civil rights organizers or people with strong ties to the civil rights movement.

One of them, Arturo Sandoval, was a Chicano activist from New Mexico who was completely clear about racial justice in the new environmental organizing. As a student at the University of New Mexico, he worked to establish a Mexican-American students union and a Chicano Studies program, and fought discrimination against minority workers at the college. He led the Earth Day rally in the barrios of his home city of Albuquerque, where sewage plants and pollution-heavy factories besieged poor communities.

In his Earth Day speech, Sandoval schooled the crowd on the concept of “la raza,” or “the race,” which he said didn’t just apply to Chicano Americans. “We command ‘la raza’ to live, because humanity is dying,” he said. “And America — white America — has lost its ability to cry, and laugh and sing and love and live.”

Steve Cotton, the national Earth Day committee’s press outreach person, had left Harvard to work for the Southern Courier, a civil rights newspaper in Alabama started by Freedom Summer activists. Sam Love, the group’s Southern coordinator, was a Mississippi State University student who helped register black voters in the state where three white Freedom Summer students were murdered. In 1968, Love joined Fannie Lou Hamer and civil rights leaders at the Democratic National Convention, where they challenged Mississippi’s sitting delegation. The national Earth Day coordinator, Denis Hayes, was an ecologist who wanted to marry science with social justice activism.

In the lead-up to the first Earth Day, some African Americans criticized the effort, saying that a day of environmental protests would distract people from the civil rights injustices that were still occurring. But Hayes addressed those concerns upfront. In a press conference, Hayes said that organizers’ “goal is not to clean the air while leaving slums and ghettos, nor is it to provide a healthy world for racial oppression and war.”

At an Earth Day event in Washington, D.C., black civil rights activist Channing Phillips said he was participating “out of a deep conviction that racial injustice, war, urban blight, and environmental rape have a common denominator in our exploitive economic system.”

Of course, the 1963 March on Washington led the way to the passage of the Civil Rights Act, and later the Voting Rights Act and Fair Housing Act, and helped elevate the U.S. Department of Housing and Urban Development into a Cabinet-level agency. The 1970 Earth Day helped win to passage of the Clean Water Act, a new Clean Air Act, the Endangered Species Act, and the formation of the Environmental Protection Agency.

Given what each of these movements produced independently, it’s scary to think about what they might produce in unison.

This week, I spoke with Quentin James, national director of the Sierra Club Student Coalition, who has also worked with the NAACP. During the week-long March on Washington 50th anniversary events, he co-convened a climate justice workshop, training young people to launch campaigns in their own communities that address climate change and the right to vote. Previous to this, he brought 10,000 students to a rally at the White House to urge President Obama to address climate change and stop construction of the Keystone XL pipeline. He also helped organize a college student-led campaign that successfully pushed 20 universities across the nation to switch from coal plant-powered energy to renewable energy sources. He has effectively married the best of both March on Washington and Earth Day worlds and achieved results.

James told me he was not bothered by the lack of environment mentions from the speakers at the Aug. 24 rally. While the connections between civil rights and the environment weren’t made at the podium, he said they are being made in communities, where it counts.

“Sure, we could have had 10 speakers on climate and environmental justice issues” on stage on Saturday, James said. “But it’s not about words and speeches, it’s about the actions. We do need a groundswell of communities to uplift our work, but I know that that work is already happening, so I don’t need someone to speak about it on stage to know that it’s real.”

Still, the two movements couldn’t need each other more than they do right now. As Rev. Yearwood said, standing before the Lincoln Memorial at the 50th anniversary rally, with “#NOKXL” stitched in his baseball cap, “The issue of the 20th century was equality, but the issue of the 21st century is existence.”

Or, as he told me when I caught him shortly after his speech, “Climate change may not have been a problem in 1963, but it certainly will be a problem in 2063.”

Extreme weather, more extreme greenhouse gas emissions beckon urgent activism

Patrick Bond; Source: Climate Connections

The northern hemisphere summer has just peaked and though the torrid heat is now ebbing, it is evident the climate crisis is far more severe than most scientists had anticipated. The latest report of the UN Intergovernmental Panel on Climate Change – a notoriously conservative research agency – will be debated in Stockholm next month, but no one can deny its projections: “widespread melting of land ice, extreme heat waves, difficulty growing food and massive changes in plant and animal life, probably including a wave of extinctions.”

Even worse is coming, for a giant Arctic Ocean “belch” of 50 billion tonnes of methane is inexorably escaping from seabed permafrost, according to scientists writing in the journal Nature. North Pole ice is now, at maximum summer heat, only 40 per cent as thick as it was just 40 years ago, a crisis only partially represented in the vivid image of a temporary “lake” that submerged the pole area last month.

The damage that will unfold after the burp, according to leading researchers from Cambridge and Erasmus Universities, could cost $60 trillion, about a year’s world economic output. Global warming will speed up by 15-35 years as a result.

With these revelations, it is impossible to mask the self-destructive greed of fossil-fuel firms and their carbon-addicted customers. The ruling crew in the United States, Russia and Canada will enthusiastically let oil companies exploit the soon-to-be ice-free Arctic summers with intensified drilling, joined by unprecedented bunker-fuel-burning in the newly opening shipping lanes.

Heat blowback in the US, China and Durban

But the extreme weather that necessarily results has just hit China, whose world-record CO2 emissions – mainly a result of producing junk purchased by wealthier countries which have outsourced their industrial emissions to East Asia – generate as a byproduct not only thick layers of smog in the main cities. There were also scores of heat-related deaths earlier this month. Shanghai suffered 10 straight days above 38C, with temperatures in some places high enough to use a sidewalk to fry eggs and prawns.

In the second-biggest greenhouse gas emitter (and biggest historically), the western United States is suffering a brutal drought, so severe that 86 per cent of New Mexico’s water supply evaporated, extreme wildfires broke out – this week, for example, scorching Yosemite Park’s legendary redwoods and threatening San Francisco’s water supply – while California’s Death Valley temperatures soared to 50C.

The effects are highly uneven, with environmental-justice research now proving that as climate change hits US cities, the wealthy turn up the air conditioner while the poor – and especially black and Latino people – suffer in “heat islands”. Likewise, poor people in the Himalayan mountains died in their thousands as a result of last month’s floods.

In Alaska, a source of enormous oil extraction, record temperatures in the 30s left thousands of fish dead. The effect of global warming on the oceans is to push marine life towards the poles by seven kilometres each year, as numerous species attempt to find cooler waters.

The impact here in South Africa, from East London to Durban, was a disaster for the local fishing industry last month, as billions of sardines which annually swim to shore stayed away due to warmer waters.

Can shipping survive the climate chaos it causes?

And here along the Indian Ocean, more local climate damage comes from – and is also visited upon – the shipping industry. In the world’s largest coal export site, South Africa’s Richards Bay harbour, an idiot captain of the China-bound MV Smart (sic) tried to exit the port in 10-metre swells on August 20 with a load of nearly 150,000 tonnes of coal and 1700 tonnes of oil. He promptly split the huge ship in half on a sandbank.

This followed by hours the strategic offshore sinking of a Nigeria-bound cargo ship, Kiani Satu, which had run aground a week earlier, further down the coast, close to a nature reserve and marine protected area. As plans were made to extract 300 tonnes of oil from the boat, more than 15 tonnes spilled, requiring the cleaning of more than 200 oil-coated seabirds.

The maniacs whose ships now rest at the bottom of the Indian Ocean can identify with the fly-by-night owners of the MT Phoenix, after that ship’s willful self-destruction off the Durban north coast holiday resorts exactly two years ago. Taxpayers spent $4 million pumping out 400 tonnes of oil and then towing the Phoenix out deeper to sink. A few weeks ago, that salvage operation’s contested audit resulted in the implosion of the South African Maritime Safety Authority.

These are just some surface-level indications that our shipping industry is utterly ill prepared for the rise of both overall sea levels and the “monster waves” which accompany climate change. The Columbia University Earth Institute now projects “sea-level rise of as much as six feet globally instead of two to three feet” by 2100, with higher amounts (three metres) possible if further ice sheets crack from their foundations.

As Susan Casey, wrote in her book, The Wave: In Pursuit of the Rogues, Freaks, and Giants of the Ocean, “Given that 60 per cent of the world’s population lives within 30 miles of a coastline, wave science is suddenly vital science, and the experts are keenly aware that there are levees, oil rigs, shorelines, ships and millions of lives at stake.”

Her experts need to visit South Africa, because ours are apparently asleep at the wheel, as they now plan an extreme makeover of Durban’s harbour. The shipping mania that made China such a successful exporter – and wiped out so much of South Africa’s manufacturing industry – has generated vessels that can carry more than 10,000 containers (which in turn require 5800 trucks to unload), known as “super post-Panamax”. They are so named because the Panama Canal’s current limits allow only half that load, hence a $5.25 billion dig will deepen and widen the canal by 2015, with a $40 billion Chinese-funded competitor canal being considered in nearby Nicaragua.

Most ports around the world are following suit, including here where $25 billion is anticipated from national, provincial and municipal subsidies and loans for South Durban’s port/petrochemical complex – the origin of our status as the most polluted African suburb south of Nigeria. The project is mainly managed by Transnet, a huge (but hot-to-privatise) transport state-owned agency, and is the second main priority in the the African National Congress government’s National Development Plan, which claims that from handling 2.5 million containers in 2012, Durban’s productivity will soar to 20 million containers annually by 2040 – though these figures certainly don’t jell with the industry’s much more conservative projections of demand.

More examples of state planning hubris: Transnet’s $2.3 billion doubling of the Durban-Johannesburg oil pipeline is still not complete, but already massive corruption is suspected in the collusion-suffused construction industry, given that early costings were half the price. And notwithstanding their “aerotropolis” fantasies, Durban’s King Shaka International Airport and the speedy Johannesburg-Pretoria-airport Gautrain are both operating at a tiny fraction of the capacity that had been anticipated by state planners. The 2010 Soccer World Cup sports stadiums are such blatant white elephants that even arrogant local soccer boss Danny Jordaan felt compelled to apologise.

Climate denialists from Durban to Deutschland

One reason they breed is that climate is not being factored into any of these carbon-intensive white elephants, as I have learned by fruitlessly offering formal Environmental Impact Analysis objections. As a result of a critique I offered last November, Transnet’s consultants finally considered prospects that sea-level rise and intense storms might disrupt the Durban port’s new berth expansion.

But Transnet’s study on sea-level rise by Christopher Everatt and John Zietsman of ZAA Engineering Projects in Cape Town is as climate-denialist as the consultancy report last year by the South African Council on Scientific and Industrial Research’s Roy Van Ballegooyen. I do understand that – like the dreaded AIDS-denialism of a decade ago – the allegation of climate-denialism is a strong insult these days. But what else would you call a November 2012 report (mainly by Everatt) that cites five studies to claim we will suffer only a maximum 0.6 metre maximum sea-level rise this century, but based on data from 1997, 2004, 2006 and 2008 reports. Five years old information is, in this field, ridiculously outdated.

In South Africa, de facto climate denialists are now led by a South African Communist Party leader: minister of trade and industry Rob Davies. Last week, Davies pushed through cabinet approval to build yet another coal-fired power plant plus permission to frack the extremely water-sensitive Karoo, “Land of the Great Thirst” in the original inhabitants’ San language.

Awful precedents Davies tactfully avoided mentioning include the massive environmental damage and the corruption, labour-relations and socio-ecological crises at South Africa’s main coal-fired powerplant construction site, Eskom’s $10 billion Medupi generator which at 4800 megawatts will be the world’s third largest. Medupi was meant to be generating power in 2011, but due to ongoing conflict, may finally be finished only in mid-2014.

Eskom’s main beneficiary, also unmentioned by Davies, is BHP Billiton, the world’s largest mining house, a firm at the centre of South Africa’s crony-capitalist nexus dating to apartheid days. Eskom now subsidises this Australian company with $1.1 billion annually by gifting it the world’s cheapest electricity.

Another de facto climate denialist is the German development aid minister, Dirk Niebel, an opponent of Ecuadoran civil society’s plan to save the Yasuni National Park from oil exploitation. According toNiebel, “Refraining from oil drilling alone is not going to help in forest preservation.” Of course not, but it could have been a vital step for Germany to make a downpayment on its huge climate debt to the victims of extreme weather.

The Yasuni campaign to “leave the oil under the soil” is excellent, and while there, deep in the Amazon on the Peruvian border two years ago, I witnessed the Oilwatch network mobilising to expand the idea(even to Durban where oil prospecting recently began offshore). Oilwatch generated a “Yasunization” strategy for other fossil fuels, also promoted by the Environmental Justice Organisations, Liabilities and Trade scholar-activist network based in Barcelona. Network leaders Joan Martinez-Alier and Nnimmo Bassey are also heartbroken at Yasuni’s apparent demise.

The government of Rafael Correa – trained in the US as an economist – always had the intention to sell Yasuni into the global carbon markets, a self-defeating strategy given the markets’ tendency to both fraud and regular crashing; carbon prices today only about a quarter of what they were two years ago.

So now, because the erratic Correa doesn’t have his hands on the cash yet, in part because he failed to address world civil society to put pressure on governments, Ecuador’s PetroAmazonas and China’s PetroOriental will go ahead and drill. A fresh campaign has been launched to halt the extraction, starting with one letter after another from Accion Ecologica, the eco-feminist lobby that initiated the project, joined by the eloquent leader of the Confederación de Nacionalidades Indígenas del Ecuador, Carlos Perez Guartambel.

Climate activist counter-power gathers

Yasuni is a critical place to draw the line, for it is probably the world’s most biodiverse site. But there are other vulnerable points of counter-power, too, as across the world, many more defenders of nature come forward against rapacious fossil-fuel industry attacks.

South Africa has not been particularly climate-conscious, because the thousands of recent social protests are mainly directed against a state and capitalists which deny immediate needs, from municipal services to wages. Still, in Johannesburg, the Anglo American Corporation and Vedanta coal-fired power plant witnessed a protest of 1000 community and environmental activists last month.

Surprisingly, a Pew Research Centre poll found that 48 per cent of South Africans worry “global climate change” is a “major threat”, followed by “China’s power and influence” (40 per cent) and “international financial instability” (34 per cent). Across the world, 54 per cent of people Pew asked cited climate change as a major threat, the highest of any answer (in second place, 52 per cent said “international financial stability”). Only 40 per cent of the US populace agreed, putting it at seventh place.

Yet even in the belly of the beast, more people seem to be mobilising, and there are growing connectivities in the spirit that what happens in Yasuni is terribly important to the First Nations activists of western Canada (one of the finest blog sites to make these links is http://climate-connections.org/).

For example, fossil fuel projects have been fought hard in recent weeks by forces as diverse as Idaho’sNez Perce Native Americans, Idle No More and Wild Idaho Rising Tide; by Nebraska farmers; by activists from the filthy oil city of Houston who are contesting a new coal terminal; and in Utah where not only have conservationists sued to halt drilling of an 800,000-acre tar sands field stretching into Colorado and Wyoming, but 50 activists physically blocked tar sand mining and construction at two sites last month.

350.org’s Bill McKibben recently mentioned the “Summerheat” rebirth of US climate activism, “from the shores of Lake Huron and Lake Michigan, where a tar-sands pipeline is proposed, to the Columbia River at Vancouver, Washington, where a big oil port is planned, from Utah’s Colorado Plateau, where the first US tar-sands mine has been proposed, to the coal-fired power plant at Brayton Point on the Massachusetts coast and the fracking wells of rural Ohio”.

The growing movement has had results, says McKibben, in part through civil disobedience: “In the last few years, it has blocked the construction of dozens of coal-fired power plants, fought the oil industry to a draw on the Keystone pipeline, convinced a wide swath of US institutions to divest themselves of their fossil fuel stocks, and challenged practices like mountaintop-removal coal mining and fracking for natural gas.”

This is encouraging partly because summertime is a lull when it comes to challenging power in many parts of the world. Meanwhile, our political winter was mostly spent wondering whether the crucial Congress of South African Trade Unions would remain aligned to the government or split in half. The more enlightened wing would logically move towards environmental, community and social struggles, leaving behind the likes of Rob Davies, just as US progressives (should) have shed any last illusions about slick Barack Obama.

But not far from Durban, 100 years ago next month, Mahatma Gandhi began preparing a non-violent mass assault on a white-owned coal mine in support of both Indian women’s right to cross a regional border and workers’ wage demands. The idea known as satyagraha (truth force) went from theory to practice, as militant passive defiance gained concessions that, 80 years later, helped free South Africa from apartheid. This time, there’s no 80-year window; we all have to rise to the challenge as fast as do the thermometer and the greenhouse gas emissions.

NASA Will Crash Helicopter for Science Wednesday: Watch It Live

 

The dummies will test seatbelts and other technologies during a crash test in which the helicopter will be dropped from a height of about 30 feet.Credit: NASA Langley / David C. Bowman
The dummies will test seatbelts and other technologies during a crash test in which the helicopter will be dropped from a height of about 30 feet.
Credit: NASA Langley / David C. Bowman

 

[WATCH LIVE @ 1:00 p.m. ET: NASA’S Helicopter Crash Test

LiveScience Staff   |   August 27, 2013 05:17pm

In the name of science and safety, NASA researchers on Wednesday (Aug. 28) will drop a dummy-packed helicopter from 30 feet in the air and you can watch it wreck live.

The test, which is aimed at improving aircraft safety features like seats and seat belts, will be broadcast at 1 p.m. ET from NASA’s Langley Research Center in Hampton, Va. FULL STORYNASA Will Crash Helicopter for Science Wednesday

Students reject healthy school lunches, forcing U.S. districts to drop out of multibillion-dollar program

BY CAROLYN THOMPSON, THE ASSOCIATED PRESS, AUGUST 28, 2013

After just one year, some schools around the country are dropping out of the new federal healthier lunch program, complaining that so many students turned up their noses at meals packed with whole grains, fruits and vegetables that the cafeterias were losing money.

Federal officials say they don’t have exact numbers but have seen isolated reports of schools cutting ties with the $11-billion National School Lunch Program, which reimburses schools for meals served and gives them access to lower-priced food.

Districts that rejected the program say the reimbursement was not enough to offset losses from students who began avoiding the lunch line and bringing food from home or, in some cases, going hungry.

In this Tuesday, Sept. 11, 2012 file photo, a select healthy chicken salad school lunch, prepared under federal guidelines, sits on display at the cafeteria at Draper Middle School in Rotterdam, N.Y. After just one year, some schools across the nation are dropping out of what was touted as a healthier federal lunch program, complaining that so many students refused the meals packed with whole grains, fruits and vegetables that their cafeterias were losing money. (AP Photo/Hans Pennink, File)
In this Tuesday, Sept. 11, 2012 file photo, a select healthy chicken salad school lunch, prepared under federal guidelines, sits on display at the cafeteria at Draper Middle School in Rotterdam, N.Y. After just one year, some schools across the nation are dropping out of what was touted as a healthier federal lunch program, complaining that so many students refused the meals packed with whole grains, fruits and vegetables that their cafeterias were losing money. (AP Photo/Hans Pennink, File)

“Some of the stuff we had to offer, they wouldn’t eat,” said Catlin, Ill., Superintendent Gary Lewis, whose district saw a 10 to 12 per cent drop in lunch sales, translating to $30,000 lost under the program last year.

“So you sit there and watch the kids, and you know they’re hungry at the end of the day, and that led to some behaviour and some lack of attentiveness.”

In upstate New York, a few districts have quit the program, including the Schenectady-area Burnt Hills Ballston Lake system, whose five lunchrooms ended the year $100,000 in the red.

Near Albany, Voorheesville Superintendent Teresa Thayer Snyder said her district lost $30,000 in the first three months. The program didn’t even make it through the school year after students repeatedly complained about the small portions and apples and pears went from the tray to the trash untouched.

Districts that leave the program are free to develop their own guidelines. Voorheesville’s chef began serving such dishes as salad topped with flank steak and crumbled cheese, pasta with chicken and mushrooms, and a panini with chicken, red peppers and cheese.

In Catlin, soups and fish sticks will return to the menu this year, and the hamburger lunch will come with yogurt and a banana — not one or the other, like last year.

Nationally, about 31 million students participated in the guidelines that took effect last fall under the 2010 Healthy, Hunger-Free Kids Act.

Dr. Janey Thornton, deputy undersecretary for USDA’s Food, Nutrition and Consumer Services, which oversees the program, said she is aware of reports of districts quitting but is still optimistic about the program’s long-term prospects.

“Many of these children have never seen or tasted some of the fruits and vegetables that are being served before, and it takes a while to adapt and learn,” she said.

The agency had not determined how many districts have dropped out, Thornton said, cautioning that “the numbers that have threatened to drop and the ones that actually have dropped are quite different.”

The School Nutrition Association found that one per cent of 521 district nutrition directors surveyed over the summer planned to drop out of the program in the 2013-14 school year and about three per cent were considering the move.

Not every district can afford to quit. The National School Lunch Program provides cash reimbursements for each meal served: about $2.50 to $3 for free and reduced-priced meals and about 30 cents for full-price meals. That takes the option of quitting off the table for schools with large numbers of poor youngsters.

The new guidelines set limits on calories and salt, phase in more whole grains and require that fruit and vegetables be served daily. A typical elementary school meal under the program consisted of whole-wheat cheese pizza, baked sweet potato fries, grape tomatoes with low-fat ranch dip, applesauce and 1 per cent milk.

In December, the Agriculture Department, responding to complaints that kids weren’t getting enough to eat, relaxed the 2-ounce-per-day limit on grains and meats while keeping the calorie limits.

At Wallace County High in Sharon Springs, Kan., football player Callahan Grund said the revision helped, but he and his friends still weren’t thrilled by the calorie limits (750-850 for high school) when they had hours of calorie-burning practice after school. The idea of dropping the program has come up at board meetings, but the district is sticking with it for now.

“A lot of kids were resorting to going over to the convenience store across the block from school and kids were buying junk food,” the 17-year-old said. “It was kind of ironic that we’re downsizing the amount of food to cut down on obesity but kids are going and getting junk food to fill that hunger.”

To make the point, Grund and his schoolmates starred last year in a music video parody of the pop hit “We Are Young.” Instead, they sang, “We Are Hungry.”

It was funny, but Grund’s mother, Chrysanne Grund, said her anxiety was not.

“I was quite literally panicked about how we would get enough food in these kids during the day,” she said, “so we resorted to packing lunches most days.”

Payday lender Western Sky Financial to stop funding loans on Sept. 3.

By Danielle Douglas,

August 26, 2013 The Washington Post

Western Sky Financial, a prominent online lender that offers short-term loans at triple-digit interest rates, said it will stop funding loans on Sept. 3 amid mounting legal battles with authorities in several states, including Maryland.

The decision arrives as state and federal regulators are clamping down on payday lending, a burgeoning industry that operates under a patchwork of laws. These loans carry high interest rates and balloon payments that can trap Americans in a cycle of debt, critics say. Industry groups say payday lenders are being persecuted and argue that they serve a need that is not being met by traditional banks.

Officials at Western Sky did not respond to requests for comment, but the firm explicitly said on its Web site that it will no longer provide loans as of September.

Western Sky has been the subject of several lawsuits challenging its lending in states with strict usury laws that cap interest rates on loans. The company is owned by a Cheyenne River Sioux tribal member and operates on the tribe’s South Dakota reservation. It claims that the tribe’s sovereign immunity makes the company exempt from following state law.

This month, New York state’s attorney general, Eric Schneiderman, sued the company, alleging that it violated state licensing and usury laws that cap interest rates on loans at 25 percent.

Schneiderman accused the company of charging New Yorkers annual interest rates upward of 355 percent. The lawsuit aims to stop Western Sky from engaging in lending in the state and to void the loans it has already made. The attorney general’s office said the case will go forward despite the company’s decision to stop lending.

Similar actions have been taken against the firm in Oregon, Colorado, Minnesota and Maryland. In 2011, the Maryland Department of Labor, Licensing and Regulation issued a cease-and-desist order against Western Sky after receiving a barrage of consumer complaints.

“There has been significant expansion of online lenders, and the driver is technology,” said Mark Kaufman, Maryland’s commissioner of financial regulation. “There is no doubt that the economics of the business change when you can sit behind a computer and make thousands of loans, versus sitting behind a desk and make a few in a day.”

Advocacy groups have long been concerned about the ability of payday lenders to circumvent state laws. Once states began introducing interest rate caps, some lenders migrated online or moved their operations offshore to sidestep laws. Other lenders began forging relationships with Native American groups to take advantage of their sovereign-nation status.

State authorities have stepped up efforts to go after the lenders, especially those operating under Native American sovereignty, with more enforcement actions and lawsuits.

Benjamin M. Lawsky, head of the agency that regulates banks in New York state, this month ordered 35 online and Native American lenders to stop providing online payday loans in the state. In response, two Native American groups filed lawsuits against the state last week, saying its actions violated their federal status.

As states redouble their efforts to police payday lenders, consumer and industry groups are waiting to see what steps the Consumer Financial Protection Bureau will take to enhance federal oversight.

The bureau has supervisory and enforcement authority over storefront, online and bank payday lenders. In April, it took a step closer to imposing rules to govern the industry with aresearch report on the payday-lending landscape. In one key finding, the report said the average borrower took out 10 payday loans in a year and paid $458 in fees.

Peter Barden, a spokesman for the Online Lenders Alliance trade group, said the backlash against payday lenders could deprive millions of Americans of access to small-dollar loans.

“If regulators pressure banks to stop processing these legal payments, it would cut off an important credit choice for millions of underserved consumers,” he said. “It could also send a chilling message to banks who are legally processing these and other transactions.”

Uriah King, vice president of state policy at the Center for Responsible Lending, contends that community banks and credit unions offer small-dollar loans at better rates than payday lenders. Payday loans, he added, are often used to cover recurring expenses, which can trap consumers in unsustainable loans.

“A two-week balloon loan priced at 400 percent is just inherently unsuitable for people who are in the red every month with their basic expenses,” King said.

The Dream of Martin Luther King Jr. & Jobs in Indian Country

Source: Indian Country Today Media Network

Fifty years ago this week, Martin Luther King Jr. delivered his famous “I have a dream” speech during the March on Washington for Jobs and Freedom, a dream that many American Indians, along with other ethnic groups, continue to hope for.

It would be interesting to track American Indian unemployment since the March on Washington August 28, 1963, and compare it to the rates for African Americans and the country as a whole (national unemployment for 1963 was 5.7 percent). Unfortunately, it is not possible, as the federal Bureau of Labor Statistics seems not to have reported this stat on Native populations until 2003.

As King said in 1963, “It is obvious today that America has defaulted on this promissory note insofar as her citizens of color are concerned,” still holds true today.

Since 2003 (also the first year that Native Hawaiians and Pacific Islanders weren’t lumped into the “Asian” category) American Indians have consistently tracked slightly behind African Americans for the dubious honor of the racial group with the most unemployment. (A BLS study reports white and African American unemployment back to 1972, Hispanics back to 1973, and Asians to 2000.)

For 2011, the latest year in the BLS study “Labor Force Characteristics by Race and Ethnicity,” one in seven American Indians (14.6 percent) were unemployed, according to BLS. African Americans showed 15.8 percent unemployment, while Native Hawaiians and Pacific Islanders (who include native populations on Guam and American Samoa) came in at 10.4 percent, higher than the national average of 8.9 percent.

The BLS measures national rates. Unemployment rates on individual Indian reservations can be much higher. In 2010, 47 percent of people on the Navajo reservation were unemployed, according to the tribe. At the Pine Ridge reservation of the Oglala Lakota Nation in South Dakota, 80 percent are unemployed, according to the tribe.

The Indian employment situation since the recession ended in 2009 has been mixed. Indian unemployment for 2011 was down from 15.1 percent in 2010 but actually up from 2009, which was at 13.3 percent.

The BLS said American Indians and Alaska Natives made up about one percent of the labor force in 2011, and Native Hawaiians/Pacific Islanders less than one percent. In terms of participation in the labor force, an interesting mix was recorded. Indians had the lowest participation in the work force in 2011, 59.2 percent, while Native Hawaiians had the highest, 69.4 percent—higher even than the white population, which registered 64.5 percent.

Indian participation in the workforce has decreased from 64.4 percent in 2003, while it has increased for Native Hawaiians during that same time period. It was 68.9 percent in 2003.

Indians also brought up the rear in the category of the percentage of the population employed, at 50.5 percent. Native Hawaiians were first in this category as well, at 62.2 percent (that’s also higher than the one for whites, which is 59.9 percent).

Breaking out unemployment by numbers, 1.2 million of a 2 million “civilian noninstitutional population” of Indians were in the labor force in 2011. Of that number, one million were employed (564,000 men and 464,000 women) and 172,000 were unemployed. BLS found 816,000 Indians were not in the labor force. Unemployment for Indian men in 2011 was 15.4 percent and 13.7 percent for Indian women.

For Native Hawaiians, 393,000 of a labor force of 439,000 (total population was 633,000) were employed in 2011, according to BLS. Men had a higher unemployment rate, at 11.4 percent. Native Hawaiian women had an unemployment rate of 9.3 percent.

The BLS report includes many other categories of analysis, but in many categories, Indians and Native Hawaiians are just skipped. These include earnings, education, occupation and industry, and families and mothers. One analysis which ignores Natives starts by saying “Among the major race and ethnicity groups,” indicating they are considered not a major group. Sometimes Natives get lumped into “other groups.”

Like Census Bureau counts of Indian populations, some dispute the accuracy of the BLS unemployment figures. According to the National Congress of American Indians, “The BIA [Bureau of Indian Affairs] concept of unemployment is different than that used by BLS and Census. Persons are considered “unemployed” by BIA if they are available for work, but not employed. This approach is a more realistic one in view of the economic circumstances in reservation areas than is the definition of unemployment in the BLS and Census Bureau data which requires that a person be “actively seeking work” to be designated unemployed.”

NCAI says unemployment in Indian areas “often stands at above 50 percent.” The advocacy group says “tribal nations continue to experience unemployment rates well above the national average, and rates of unemployment are exacerbated by economic conditions, endemic poverty, inadequate infrastructure, and marginal education opportunities.”

NCAI points to two particular pieces of pending legislation—the American Jobs Act and the reauthorization of the Workforce Investment Act—as potentially being helpful to combat Indian unemployment if they are signed into law. And both could be a decent honor to the 50th anniversary of the job march on Washington D.C.

 

Read more at http://indiancountrytodaymedianetwork.com/2013/08/26/martin-luther-king-jobs-50-years-indian-country-dream-151027

Warm Springs Tribes cancel off-reservation casino

Source: Indianz.com

The Confederated Tribes of Warm Springs voted during a recent Tribal Council meeting to officially end its pursuit of the Bridge of the Gods Resort and Casino in Cascade Locks. For all intents and purposes, the casino was a dead deal in 2010, when Gov. John Kitzhaber took office for a third term.

 

The proposed 600,000-square-foot facility on 60 acres of Port of Cascade Locks land was a lightning rod of controversy during its decade of life — which never matured from its planning stage to its implementation stage. The casino would have been located on a subtly beautiful tract of land between Interstate 84 and the Columbia River, near the Forest Lane exit.

 

A couple of years ago the casino’s environmental impact assessment was approved by the federal government and sent to the Department of the Interior for review. That’s where it sat for a year. Then, in January 2012, the Cascade Locks Port Commission allowed the deadline to expire for an option agreement on port land the tribes had wanted to purchase for the casino and resort. In the meantime, the tribal council built Indian Head Casino on Highway 26 in Warm Springs.

Tribal Journeys: Canoe Trips to Our Native Past, and Future

Gyasi Ross, Indian Country Today Media Network

Television, Edward Curtis photographs and romance novel covers have collectively painted the accepted images of Native people.

As a result of these images, a lot of peoples’ image of a Native person is that of a person who rides horses, comes from one of the Dakotas or Montana, and dances with wolves at pow-wows.  Heck, even many Native people have the Dances With Wolves image embedded in our own heads (thus why the Hollywood Indian-complex consists of guys walking around LA and Santa Fe with their hair flying about, John Redcorn-style, because presumably that’s what casting agents/hippie chicks are looking for.  NOTE: Skins on the Plains do not wear their hair like that!! It’s too damn windy!), and so the default “Native” image is that of a pow-wow dancer, Plains Indian-style.

I grew up at pow-wows; they are beautiful, important and fun (oh the stories I could tell!).

Yet, if you don’t have that look or participate in those pow-wows, folks question your credibility as a Native person.  And pow-wow dancing/Plains-style phenotype is definitely a very valid expression of pan-Native culture (I submit that almost every Skin who was raised in a Native family has been to a pow-wow at some point!), yet it is not the only expression of pan-Native culture.

Random White Guy At Pow-wow to His Wife: “Gee honey, that doesn’t look like any Indian I’ve ever seen.”

Random White Guy’s Wife: *thinking* Yes, you’re right.  Because if he looked like any of the ones that I’ve seen on my romance novels, he would be big and brown and muscular and on a big ol’ horse…and he’d pull me away and hold me captive!  “No, he doesn’t honey.”

One such pan-Native event that has been growing in popularity and is redefining what it means to be, look, and celebrate being Native is something called “Tribal Journeys” on the Pacific Northwest Coast. Like pow-wows, Tribal Journeys blends many Northwest coastal, New Zealand, Canadian and Alaska Native tribes, tribal practices, songs, dances and foods into a pretty amazing stew and makes something beautiful out of it.  The Journey began in 1989 as equal parts political protest, but also an attempt to recapture parts of the Coastal Native way of life that have been overlooked and/or forgotten for a long time.  Also, like pow-wows, Tribal Journeys had very modest beginnings, and has steadily gotten bigger and more structured every single year; the host Tribe incurs a lot of expense putting this huge event together that attracts over 15,000 people a day to the host community.  Whereas the original “Paddle to Seattle” had 18 canoes, now there are over 100 canoes that make the trek.

It’s grown.  And is growing.

Like most truly unique events, words don’t do Tribal Journeys justice.  Yet, here’s the basic idea behind it: Tribal Journeys retraces the paths, practices, and protocols of those that went before us, seeing through the eyes of our ancestors.  As Chief Si’ahl (commonly referred to as “Seattle”) said, “Our religion is the traditions of our ancestors.”  This happens by individual families canoeing from one Native homeland to the next, asking permission to enter those homelands.  Historically, it was very important to ask permission and to state whether you were friend or foe—if not, there could be very serious consequences.  There are many canoe families on Tribal Journeys—this is historically correct since one tribe could have many different canoe families, since many Native communities were not simply one community.  Instead, most “tribes” had many villages and smaller sub-groups that usually spoke a common language.

There are many stops during this Journey.  The travelling time of the journey is anywhere from a week to two-and-a-half weeks.  Every single tribal homeland you pass, you ask permission and come ashore.  Once ashore, that particular Native community takes care of you, feeds you and gives you someplace to sleep (camping style!!).  That night, there’s an exchange of songs, dances and stories in a time called “protocol.”  Of course, this isn’t the traditional name for this time or practice, yet this English name is appropriate because it implies a time of order, to pay attention and give thanks.  While the Tribal Journeys itself was created in 1989, the protocol portion of the event is a variation of the ancient coastal tradition of potlatching.

There is a goal, a final destination.  Ultimately, all the canoe families will gather at a place (the host Tribe) where a whole bunch of Natives gather together and party (in a safe, respectful and drug and alcohol free way) for a week or so…exchange songs, dances, speeches, and generally have a good time.  During the immediately past Tribal Journey, the host Tribe—the Quinault—took the Journey back to its potlatch roots and let the protocol go around the clock.  Also, like the ancient potlatches, the Quinault gifted individuals with some pretty spectacular gifts—tons of stuff, but they also gave away ten hand-carved canoes, which took about 9 months to carve.

Pretty powerful stuff.

Speaking for myself, honestly after two weeks of camping, I’m pretty darn happy to get back to the conveniences of home and watch some River Monsters or Ancient Aliens.  Our ancestors lived a life with a lot less distractions.  Still, it’s a beautiful event…and not only because of the songs and the dances and the opportunity to see through the eyes of our ancestors.  While those reasons are certainly important and are surely enough to attend Tribal Journeys all by themselves, there is more to it than that.  That is, I think it’s also important for folks—non-Natives AND Natives alike—to understand that not all Natives look alike, or have the same stories or practices.

That’s only in Hollywood.

Please check out this link for information on the next Tribal Journey, the Paddle to Bella Bella (Canada): thecnsc.org/CNSC_Site/Bella_Bella.html

Photo by Miranda Belarde-Lewis
Photo by Miranda Belarde-Lewis
Photo by Miranda Belarde-Lewis
Photo by Miranda Belarde-Lewis
Photo by Miranda Belarde-Lewis
Photo by Miranda Belarde-Lewis
Photo by Miranda Belarde-Lewis
Photo by Miranda Belarde-Lewis
Photo by Miranda Belarde-Lewis
Photo by Miranda Belarde-Lewis
Photo by Miranda Belarde-Lewis
Photo by Miranda Belarde-Lewis
Photo by Miranda Belarde-Lewis
Photo by Miranda Belarde-Lewis
Photo by Miranda Belarde-Lewis
Photo by Miranda Belarde-Lewis
Photo by Miranda Belarde-Lewis
Photo by Miranda Belarde-Lewis
Photo by Miranda Belarde-Lewis
Photo by Miranda Belarde-Lewis

 

Read more at http://indiancountrytodaymedianetwork.com/2013/08/26/canoes-and-recapturing-culture-tribal-journeys-northwest-coast-151028

‘Early fall’ is Walmart date for Marysville store opening

Christina Harper / Special to The HeraldGwyn Porras (left) and Roderick Brogan stock shelves at the new Walmart store on Highway 9 at Highway 528 in Marysville.
Christina Harper / Special to The Herald
Gwyn Porras (left) and Roderick Brogan stock shelves at the new Walmart store on Highway 9 at Highway 528 in Marysville.

Christina Harper, Herald Business Journal

MARYSVILLE — Walmart staff members insist that there is no fixed date for the grand opening of the new 147,000-square-foot Marysville store. Judging by the huge Halloween section overflowing with scary monsters and black-and-orange garb, shoppers can safely bet that the one-stop shopping experience on the corner of Highways 9 and 528 will be ready to roll back prices in the next few weeks.

“Early fall,” said Sonia Smith, manager at the new store.

With 270 full- and part-time workers on board, the store now is being set up. Staff are stocking baby formula is on the shelves, setting up electronics and emptying dozens of cardboard boxes.

Kayla Corley of Marysville will switch to part-time work from full-time once the store opens.

“This is my second day,” Corley said.

Corley previously worked at the Tulalip Quil Ceda Village Walmart then took time off to have her children. After an eight-year break, she is back and happy to be employed in sporting goods.

“It’s a good company to work for,” Corley said. “Good benefits.”

Rumors abound that the Tulalip Quil Ceda Village Walmart will close once the Marysville store is up and running. The Quil Ceda store is not closing, Smith said.

The Marysville store took eight months to build and includes a garden center, food, pharmacy and firearms. The store also has a sewing and craft section with bolts of fabric that can be measured and cut.

“Customers are asking for it,” Smith said.

Freezers light up as shoppers approach pizza and other frozen food displays adding to Walmart’s commitment to energy saving and sustainability, Smith said.

There is no tire and lube section, but inside the store, shoppers can stop for a sandwich at Subway or a trim at the Smart Style hair salon.

Walmart has long been criticized for stocking shelves with goods from China. This long-term relationship could mean that company’s recent commitment to “Made In America” goods, which Walmart hopes will bring more manufacturing jobs to the United States, might be met with skepticism.

But Smith is one of many Walmart employees involved with a local vendor program where people who have ideas for locally made goods they want to see on shelves can contact her at the Marysville store. Local goods including “Big Foot” mugs and caps are likely to prove popular with shoppers, Smith said.

For Roderick Brogan, of Everett, and Gwyn Porras, of Marysville, Walmart is a new venture. The two will be working in the store on Walmart.com, checking for website orders and getting them ready for customer pick-up.

As the men sorted socks from boxes and hung them on wire hangers, they each said they were excited about opening day. Whenever that is.

“It might be crazy,” Porras said. “But I am looking forward to it.”