Despite Tribal Opposition, US Government Approves Cape Cod Wind Farm

Secretary of the Interior Ken Salazar has approved the nation's first offshore wind farm, despite strong opposition from the Mashpee Wampanoag Tribe and environmental groups. The 130 turbines are to be located several miles from the Massachusetts shore in the waters of Nantucket Sound, which Wampanoag consider part of their sacred cultural heritage.

Salazar declared that Cape Wind, as the project is known, is the start of a "new energy frontier."
"Cape Wind will be the nation's first offshore wind farm, supplying clean power to homes and businesses in Massachusetts, plus creating good jobs here in America," he said. "This will be the first of many projects up and down the Atlantic coast."

"The United States is leading a clean energy revolution that is reshaping our future," Salazar said in announcing the project’s approval. "Cape Wind is an opening of a new chapter in that future, and we are all part of that history."

He did not make reference to another history – the Wampanoag spiritual ritual of greeting the sunrise which requires unobstructed views across the sound, and that their ancestral burial grounds are located in the area. The Wampanoag tribes — whose name translates to “people of the first light” — said their view to the east across Nantucket Sound was integral to their identity and cultural traditions. “Here is where we still arrive to greet the new day, watch for celestial observations in the night sky and follow the migration of the sun and stars in change with the season,” wrote Bettina Washington, historic preservation officer for the Aquinnah Wampanoag, in a letter to federal officials. The Tribes also argued that the wind turbines, which will be 440 feet tall, could destroy long-submerged tribal artifacts from thousands of years ago, when the sound was dry land. Such artifacts could “yield further confirmation of our cultural histories,” according to Ms. Washington.
 

Wells Fargo Loses Again In Lac Du Flambeau Tribal Bond Litigation

In the latest round of litigation in the controversial Lac Du Flambeau bond default case, the US District Court for the Western District of Wisconsin has issued an order denying Wells Fargo's motion to vacate the dismissal of its lawsuit and to amend the complaint to add new claims.  The Court has confirmed the lower court's ruling that the original agreement between Wells Fargo and the Lac Du Flambeau Tribe was actually a "management contract" that required approval from the National Indian Gaming Commission.  Since the NIGC was not consulted and did not approve the agreement in advance, the Trust Indenture between Wells Fargo and the Tribe has been ruled void and unenforceable by the bank.

The Tribe has issued a press release, with Tribal President Jerome "Brooks" Big John stating: "This significant victory confirms the strength of the Tribe's legal position and provides the Lac Du Flambeau Band with further confidence in the Tribe's ability to manage Tribal operations in support of the Tribal membership."

The litigation arose when the Tribe was unable to make scheduled debt service payments on bonds that were issued through Wells Fargo to finance the Tribe's Lake of the Torches casino and resort facility.  The Tribe's press release does not indicate the current status of repayment plans.

Congratulations To Sam Bradford -- The First Native American #1 Draft Pick In NFL History

Former University of Oklahoma Quarterback Sam Bradford has become the first Native American selected as the top pick in the National Football League’s annual draft. Bradford was selected by the St. Louis Rams. The draft selection was another significant “First” for Bradford, who is also the first Native American to win The Heisman Trophy, awarded annually to America’s best college football player.

Bradford is an enrolled member of the Cherokee Nation in Oklahoma. He is one-sixteenth Cherokee through his paternal great-great-grandmother, Susie Walkingstick, who was a full-blooded Cherokee. He is the first person of Cherokee descent to start at quarterback for a Division I university since Sonny Sixkiller, a full-blooded Cherokee, who played for the University of Washington during the 1970-72 seasons.

After the celebration of his historic achievement, Bradford will quickly engage the first legal challenge of his new profession -- his contract negotiation!
 

US To Review Position On UN Declaration On The Rights Of Indigenous Peoples

(Collaborativejourneys.com)

________________________________

USUN PRESS RELEASE # 064
April 20, 2010

AS DELIVERED

Remarks by Ambassador Susan E. Rice, U.S. Permanent Representative to
the United Nations, at the UN Permanent Forum on Indigenous Issues,
April 20, 2010

 

Thank you, Mr. Chairman, Members of the Permanent Forum on Indigenous
Issues, Distinguished Representatives of indigenous groups from around
the world, Excellencies and distinguished delegates.

In his Presidential Proclamation last fall honoring Native American
Heritage Month, President Obama recognized that the “indigenous
peoples of North America—the First American—have woven rich and
diverse threads into the tapestry of our Nation’s heritage.” What is
true in the Americas is true around the world. There is no true
history that does not take into account the story of indigenous
populations—their proud traditions, their rich cultures, and their
contributions to our shared heritage and identity.

But in the United States and many other parts of the world, indigenous
communities continue to feel the heavy hand of history. Our first
nations face serious challenges: disproportionate and dire poverty,
unemployment, environmental degradation, health care gaps, violent
crime, and bitter discrimination. Far more must be done—at home and
abroad—to tackle these challenges, expand the circle of opportunity,
and work with our Native communities to ensure they enjoy the security
and dignity that all citizens deserve.

President Obama is deeply committed to strengthening and building on
government-to-government relationships among the United States and our
tribal governments. Our Administration has moved quickly to launch
programs to improve the lives of Native Americans. Shortly after his
inauguration, the President appointed my colleague, Kimberly Teehee,
as his Native American policy advisor and began extensive outreach to
tribal leaders. In November of last year, President Obama invited
representatives from each of our 564 Indian tribes in the United
States to attend a White House Tribal Nations Conference. Nearly 500
tribal leaders participated—the most widely attended White House
tribal meeting with the President, Cabinet Secretaries, senior
officials, and members of Congress in U.S. history. The President
signed a Memorandum on November 5, 2009, directing every federal
agency to develop plans to implement fully the Executive Order on
“Consultation and Coordination with Tribal Governments,” which
mandates that all agencies have an accountable process for meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications. The level of tribal
consultation is now at historic levels—marking a new era in the United
States’ relationship with tribal governments.

Last month, President Obama signed a historic reform of the U.S.
health care system that includes important provisions to reduce the
gaping health care disparities that Native Americans still face.
Signing and implementing this landmark law constitutes a major step
toward fulfilling our national responsibility to provide high-quality,
affordable health care to all citizens, including American Indians and
Alaska Natives.

The U.S. government has also made improving public safety in tribal
communities a high priority. The Department of Justice supports an
initiative to hire more Indian country Assistant U.S. Attorneys to
prosecute cases of violent crime on Native lands. This initiative
will also provide additional federal agents to support law-enforcement
efforts in tribal communities. Combating crimes involving violence
against women and children on Native lands is a particularly high
priority for the U.S. government.

Last year, in the face of a global economic crisis, President Obama
took swift action to spur economic activity and create new jobs. The
American Recovery and Reinvestment Act specifically allocates more
than $3 billion to assist tribal communities. These funds are being
used to renovate schools on reservations across the country, to create
new jobs in tribal economies, improve housing, support health care
facilities, and bolster policing services. The President’s Fiscal
Year 2011 budget request also proposes a 5 percent increase in federal
funding for Native American programs, to a total of $18.5 billion.

The United States also supports programs that help indigenous
communities around the world. We are especially committed to
promoting corporate social responsibility, particularly with
extractive industries whose operations can so dramatically affect the
living conditions of indigenous peoples. The United States has
therefore engaged in a multi-stakeholder initiative to encourage firms
to operate safely within a framework that fully respects the rights of
surrounding communities. We support the Initiative for Conservation in
the Andean Amazon, a regional program designed to strengthen
indigenous efforts to protect and conserve the Amazon Rainforest. In
Peru, our common efforts focus on the conservation of the Manu
National Parks, together with the Yanesha and Ashaninka peoples, by
providing training in sustainable resource management and expanding
environmental conservation capacity. The United States also
participates fully and actively in the Arctic Council, a high-level
intergovernmental forum of the eight Arctic states where Arctic
indigenous peoples -- represented by Permanent Participant
organizations -- have a co-equal role.

Consistent with President Obama’s call for a new era of U.S.
engagement with the world, the United States applauds the Permanent
Forum’s efforts to raise awareness of issues affecting the world’s
indigenous peoples and to generate ideas for substantially improving
their livelihoods and communities.

Thus today, I am pleased to announce that the United States has
decided to review our position regarding the U.N. Declaration on the
Rights of Indigenous Peoples. We recognize that, for many around the
world, this Declaration provides a framework for addressing indigenous
issues. During President Obama’s first year in office, tribal leaders
encouraged the United States to reexamine its position on the
Declaration—an important recommendation that directly complements our
commitment to work together with the international community on the
many challenges that indigenous peoples face. We will be conducting a
formal review of the Declaration and the U.S. position on it. And as
we move ahead, we look forward to consulting extensively with our
valued and experienced colleagues in the federally recognized Indian
tribes and interested nongovernmental organizations.

While many steps have been taken in the Administration’s first year,
we are not satisfied. We seek to continue to work together with our
partners in indigenous communities to provide security, prosperity,
equality, and opportunity for all. There is no American history
without Native American history. There can be no just and decent
future for our nation that does not directly tackle the legacy of
bitter discrimination and sorrow that the first Americans still live
with. And America cannot be fully whole until its first inhabitants
enjoy all the blessings of liberty, prosperity, and dignity. Let
there be no doubt of our commitment. And we stand ready to be judged
by the results. Thank you, Mr. Chairman.

Obama Asked To Appoint Native American Supreme Court Justice

Citing the fact that there is not a single Native American judge in any of the 866 federal judicial positions in the United States, the National Native American Bar Association has sent a letter to President Obama asking him to appoint a Native American to succeed retiring Justice John Paul Stevens on the US Supreme Court.  A full copy of the letter can be read HERE.

Will New Supreme Court Justice Reverse The Trend Against Tribes?

With Justice John Paul Stevens announcing his retirement from the US Supreme Court this year, the Obama administration will have the opportunity to appoint a second new jurist to the bench. The Tribal Supreme Court Project is hoping the new appointee will help reverse a disturbing trend – Tribal interests losing nearly every case that comes before the Court.

"We view this Court as not favorable on our issues," explained Richard Guest, senior staff attorney at the Native American Rights Fund. "We had a winning percentage from 2001 to 2005 but now we're back to a situation where we are zero for five."

There is a concern that certain justices have an agenda in Indian law cases, he added, noting that Chief Justice John Roberts Jr. has been quoted as asking what is so special about Indian tribes and their relationship to the United States. "If this Court grants review, it appears to not only look to decide the case in front of it, but to extend any ruling to future cases," said Guest.

This view is supported by a 2009 empirical study done by Matthew Fletcher of Michigan State University College of Law: "Factbound and Splitless: Certiorari and Indian Law." From 1959, considered the beginning of the modern era of federal Indian law, to 1987, when the Supreme Court decided the major Indian gaming case, California v. Cabazon Band of Mission Indians, reported Fletcher, Indians and Indian tribes won nearly 60 percent of federal Indian law cases. Since the Cabazon decision, the Supreme Court has decided against tribal interests in more than 75 percent of cases.
 

Canada's Seal Hunt Begins - With An Inuit Lawsuit Against EU Restrictions

(Itsnature.org)

Canadian Inuit have filed a lawsuit in the European General Court to overturn EU legislation banning the import of seal products into EU countries. The lawsuit seeks annulment of Regulation (EC) No 1007/2009 of the European Parliament and Council of September 16, 2009 on trade in seal products. The lawsuit comes as the annual seal hunt in the Canadian arctic is beginning, with the Canadian government authorizing hunters (including Inuit) to take up to 330,000 seals.

In adopting its seal products trade legislation, the EU held out the possibility of a partial exemption for seals hunted by Inuit. While the prospect of this exemption may have persuaded many EU Parliamentarians to vote for the ban, legislation was developed without the involvement of Canadian Inuit, and the EU continues to develop implementation measures affecting Canadian Inuit without the fair and informed participation, let alone consent, of Inuit.

The events surrounding the EU seal products trade ban have contributed to a sharp drop in seal pelt prices in markets relied upon by Inuit and in turn a reduction in the ability of Inuit to provide for their families in the challenging economic climate of their homelands. The Government of Canada is currently challenging the EU seal products trade ban under World Trade Organization (WTO) rules.

Mary Simon, President of Inuit Tapiriit Kanatami, said

"Inuit have been hunting seals and sustaining themselves for food, clothing, and trade for many generations. No objective and fair minded person can conclude that seals are under genuine conservation threat or that Inuit hunting activities are less humane than those practiced by hunting communities all over the world, including hunters in Europe. It is bitterly ironic that the EU, which seems entirely at home with promoting massive levels of agri-business and the raising and slaughtering of animals in highly industrialized conditions, seeks to preach some kind of selective elevated morality to Inuit. At best this is cultural bias, although it could be described in even harsher terms.

 

US Government Studies Tulalip Tribes' Labor Relations Model

This week Assistant Labor Secretary Jane Oates visited with board members and staff of the Tulalip Tribes to learn how the Tribes dealt with labor agreements during the construction of their casino and resort hotel complex in Washington state. Oates offered praise for the way Tulalip handled labor agreements on the reservation and ensured Tribal members have employment opportunities.

“We hear nightmares about how some Tribes are not able to negotiate with labor unions,” Oates said. “The Tulalip Tribes did an amazing job, and we are here to learn from them.”

Oates’ tour included a visit to the Tulalip Tribal Employment Rights Office, which has a mission to protect preferential employment for tribal members and contracting rights on the reservation. The office also works to improve wages, training and career and contracting opportunities.  Unemployment on reservations throughout the nation is a concern in President Barack Obama’s administration, Oates said. “It’s unacceptable that unemployment in Indian Country is five times what it is among non-Natives,” she said.

Tulalip board member Glen Gobin told Oates that myths, stereotypes and misconceptions about the tribal work force were dispelled during construction projects on the reservation. “We know that our Tribal members are our most valuable resource,” Tulalip Chairman Mel Sheldon said.