San Francisco Peaks, Arizona (Al Hikes)

The legal battle over whether fake snow can be sprayed by a ski resort in Arizona’s 12,000-foot-high San Francisco Peaks has a new venue: the Flagstaff City Council. Tribal elders, U.S. senators, federal judges and senior Obama Administration officials all have weighed in on the controversy of artificially applying frozen water to land where the Hopi, Navajo and 11 other tribes trace their origins. Many Native Americans believe it is sacrilege for skiers and snowboarders to use the area for recreation, and more so for the ski resort owners to tamper with the natural surroundings. The Arizona Snowbowl resort says it's just trying to run a business.

The Snowbowl ski area is located on 777 acres in the Coconino National Forest. Tribes have been battling the resort since the 1970s. For the second time in 20 years, the U.S. Supreme Court last year refused to hear their case, and now the matter will be reviewed by the Flagstaff City Council. Local officials are to vote on whether to pump potable recycled water to the resort to make snow. It's unclear whether this will be acceptable to the Tribes, who were infuriated by a previous plan to use treated sewer water.

"This mountain is where life began; it created us," says Rex Tilousi, a leader of the Havasupai tribe. Native Americans journey to the peaks to collect herbs for traditional healing and worship deities they believe dwell there. Dumping artificial snow there, says Mr. Tilousi, is "like bombing a church."

For the operators of Snowbowl, artificial snow is necessary to ensre a steady ski season, which is the basis for hundreds of local jobs. "If you don't have snowmaking, the question is not if you will go out of business; it's when you will go out of business," says Eric Borowsky, the resort's owner. "We only occupy 1% of the peaks. Can't we share this?"

After years of environmental review detailed in a 600-page report, the U.S. Department of Agriculture's Forest Service, which oversees the federal land that the resort sits on, approved the artificial snow plan in 2005.  If the new plan to use potable water goes through, the federal government may contribute funds to off set the cost increase compared to the use of treated sewage. Arizona Senators John McCain and Jon Kyl sent a letter in March condemning "the use of taxpayer dollars to subsidize snowmaking at Arizona Snowbowl." At the same time, they called on the government to grant Snowbowl permission to start its expansion "immediately."

You can complete this needs assessment survey online HERE, or through the NRC4Tribes website: www.NRC4Tribes.org.  Please note that the deadline to complete the NRC4Tribes TA Needs Assessment has been extended to September 7th.

We encourage you to submit your comments and forward this survey to anyone in your community who has an interest in child and family services for Native communities, including:

* Tribal leaders
* Tribal child welfare staff
* Tribal law enforcement personnel
* Tribal court personnel, health service agency staff
* Tribal community program staff
* Tribal families involved in the child welfare system
* Tribal foster parents, kinship providers, youth, community members,
* Anyone interested in Tribal child welfare services

For more information concerning the NRC4Tribes and/or the NRC4Tribes TA needs assessment, please see www.NRC4Tribes.org.
 

Federal Judge Richard Roberts has dismissed a lawsuit filed by 20 descendants of legendary Apache leader Geronimo to recover partial remains they allege were stolen by the Skull and Bones Society at Yale University.  Skull and Bones is famous for well-connected members such as both Presidents Bush, and the society's lore claims that the organization possesses Geronimo's skull.

The lawsuit alleged that Geronimo's remains were stolen in 1918 from his burial plot at Fort Sill, Oklahoma, where he died in 1909.  The decision to dismiss was based in part on the Judge's finding that the law under which the plaintiffs sought to recover the remains only applied to Native artifacts that were improperly appropriated after 1990. 

Questions posed by the Department include:

Are there any specific additional types of projects or activities beyond those allowed for State and local governments for which Indian tribal governments should be authorized (or not authorized) to use qualified tax-exempt private activity bonds (i.e., in which private business ownership, leasing, or other private business use of the bond-financed projects would be permitted) in light of their special needs or unique circumstances?

Should the limitation on use of Tribal Economic Development Bonds to finance projects that are located outside of Indian reservations be modified to address special needs or unique circumstances of Indian tribal governments?

Should consideration be given to changing the law permanently to authorize Indian tribal governments to use qualified tax-exempt private activity bonds for the same types of projects and activities as are allowed for State and local governments?

Many Tribes and their partners have chafed over the past decade as the IRS introduced, largely on a retroactive basis through its audit program, new requirements that prohibited Tribes from issuing debt on a tax-exempt basis (e.g. there could be no commercial aspects of a bond-financed project and a tribe would need to prove that numerous state and local governments had been financing similar improvements with bonds over long periods of time).

Comments can include real-life examples of projects that Tribes had to forego (or finance on a more expensive taxable basis) because the current tax laws prohibited tax-exempt financing. It may also be helpful to identify frustrations Tribes have encountered trying to use TEDBs, and debunk the myth that tribes are mainly focused on casinos.

For more information regarding how to help influence the Treasury Department to improve its Tribal bond program, contact Foster Pepper’s Jeff Nave.
 

The long-awaited amendments to the Tribal Law and Order Act of 2009 have been completed and passed by both the House and Senate, and President Obama is expected to sign the bill into law shortly. The new law enacts numerous changes to the rules, process, and funding for the administration of justice in Tribal communities, and it specifically --

Increases the maximum authorized criminal sentence in a Tribal Court to three years, if the defendant has or is provided an attorney and other federal criminal procedure rules are followed.

Replaces the Division of Law Enforcement Services in the Department of the Interior with the Office of Justice Services in the Bureau of Indian Affairs, and sets forth duties including - (1) communicating with tribal leaders, tribal community and victims' advocates, trial justice officials, and residents of Indian land on a regular basis regarding public safety and justice concerns; (2) providing technical assistance and training to tribal law enforcement officials for gaining access to crime information databases; (3) collecting, analyzing, and reporting data on crimes in Indian country on an annual basis; (4) sharing with the Department of Justice crime data received from tribal law enforcement agencies on a tribe-by-tribe basis; and (5) submitting to the House Committee on Natural Resources and the Senate Committee on Indian Affairs a spending report on tribal public safety and justice programs and a report on technical assistance and training provided to tribal law enforcement and corrections agencies.

Directs the Secretary of the Interior to submit to Congress a long-term plan to address incarceration in Indian country.

Authorizes BIA law enforcement officers to make warrantless arrests in Indian country based on probable cause for misdemeanor offenses involving controlled substances, firearms, assaults, or liquor trafficking.

Expands requirements for reporting by federal law enforcement officers, the Federal Bureau of Investigation (FBI), and United States Attorneys to Indian tribes on decisions not to investigate or prosecute alleged violations of federal criminal law in Indian country.

Requires the Attorney General to submit annual reports to Congress on investigations and prosecutions in Indian country that were terminated or declined.

Authorizes the Attorney General to appoint tribal prosecutors and other qualified attorneys to assist in prosecuting federal crimes committed in Indian country. Requires each United States Attorney whose district includes Indian country to appoint at least one assistant United States Attorney to serve as a tribal liaison for specified purposes, including coordinating the prosecution of federal crimes that occur in Indian country, combating child abuse and domestic and sexual violence against Indians, and providing technical assistance and training on evidence gathering techniques.

Establishes in the Executive Office for United States Attorneys the position of Native American Issues Coordinator, to coordinate with United States Attorneys in prosecuting crimes in Indian country.

Directs the Secretary of Health and Human Services to: (1) establish a prescription drug monitoring program at the health care facilities of the Indian Health Service, tribal health care facilities, and urban Indian health care facilities; and (2) report to the House Committee on Natural Resources and the Senate Committee on Indian Affairs on such program.

Directs the Attorney General, in conjunction with the HHS Secretary and the Secretary of the Interior, to: (1) conduct an assessment of the capacity of federal and tribal agencies to carry out data collection and analysis relating to prescription drug abuse in Indian communities; (2) provide training to Indian health care providers and other Indian tribal officials to promote awareness and prevention of such abuse and strategies for improving agency responses to addressing it; and (3) report to the House Committee on Natural Resources and the Senate Committee on Indian Affairs on prescription drug abuse prevention activities.

DOE Weatherization Assistance Program - $210 million
Application Due: Ongoing to August 1, 2010
Eligible Entities: Agencies responsible for administering annual WAP formula allocation

DOE requests proposals for Weatherization Formula Grants. Weatherization Assistance Program (WAP) funds are used to increase the energy efficiency of dwellings owned or occupied by low-income persons, reduce their total residential expenditures, and improve their health and safety. WAP assists persons who are particularly vulnerable, such as the elderly; persons with disabilities; families with children; high residential energy users; and households with high energy burdens. Prime applicant eligibility is restricted to agencies responsible for administering the annual WAP formula allocation. Fifty-eight awards are anticipated. The response due date depends on the fiscal year end of the prime applicant, with range of 2/15/10 – 8/1/10.
For more info, go to:
https://www.fedconnect.net/FedConnect/?doc=DE-FOA-0000216&agency=DOE

EPA Grants and Cooperative Agreements for Greenhouse Gas Reporting Systems: Outreach to Reporting Facilities and Analysis of Greenhouse Gas Mitigation Opportunities - $2 million
Informal Notice of Intent to Apply: July 16, 2010; Application Due: August 9, 2010
Eligible Entities: States; local governments; territories; Indian tribes; and possessions of the United States, including the District of Columbia; international organizations; public and private universities and colleges; hospitals; laboratories; other public or private non-profit institutions.

EPA is soliciting proposals for communicating to affected facilities the requirements of state greenhouse gas reporting systems compared with those of U.S. EPA’s Final Mandatory Reporting of Greenhouse Gases Rule (MRR), and to identify options for how the data collected through state reporting requirements and the MRR may be used to facilitate state- and facility-based greenhouse gas programs.

For more information, visit:
http://www.epa.gov/air/grants_funding.html (RFP# EPA-OAR-CCD-10-05). A direct link to the RFP is: http://www.epa.gov/air/grants/ccd-10-05_mrr_state_grant_rfp_r1.pdf


Joint HUD and DOT Community Challenge and Transportation Planning Grants - $75 million
Pre-Application Due: July 26, 2010; Full Application Due: August 23, 2010
Eligible Entities: State and local governments, including U.S. territories, tribal governments, transit agencies, port authorities, metropolitan planning organizations, other political subdivisions of state or local governments, and multi-state or multijurisdictional groupings.

For the first time ever, DOT and HUD will join forces to award up to $75 million in funding: $35 million in TIGER (Transportation Investment Generating Economic Recovery) II Planning Grants and $40 million in Sustainable Community Challenge Grants for localized planning activities that ultimately lead to projects that integrate transportation, housing and economic development. For more information, visit:
http://www.hud.gov/offices/adm/grants/nofa10/huddotnofa.cfm

HUD Sustainable Communities Regional Planning Grant Program - $100 million
Application Due: August 23, 2010
Eligible Applicants: Multijurisdictional and multisector partnerships consisting of a consortium of government entities and non-profit partners

HUD is currently accepting applications for the Sustainable Communities Regional Planning Grant Program. This program will support metropolitan and multijurisdictional planning efforts that integrate housing, land use, economic and workforce development, transportation, and infrastructure investments in a manner that empowers jurisdictions to consider the interdependent challenges of economic competitiveness and revitalization; social equity, inclusion, and access to opportunity; energy use and climate change; and public health and environmental impact. For more information, visit http://www.hud.gov/offices/adm/grants/nofa10/scrpg.cfm 

EPA Black Carbon, Climate and Air Quality- $7 million
Application Due: September 22, 2010
Eligible Entities: State and local governments and others

The U.S. Environmental Protection Agency requests proposals for Black Carbon’s Role in Global to Local Scale Climate and Air Quality. This RFP will support areas including, but not limited to, emission source research, the global- to local-scale emissions inventory, and co-pollutants. This RFP will also support opportunities for early career projects. $7 million is expected to be available, and up to 9 awards are anticipated. For more information, contact Bryan Bloomer at bloomer.bryan@epa.gov or go to: http://www.epa.gov/ncer/rfa/2010/2010_star_blackcarbon.html. Refer to Sol# EPA-G2010-STAR-L1 and EPA-G2010-STAR-L2.
 

EDA Global Climate Change Mitigation Incentive Fund - $14.7 million
Application Due: September 30, 2010
Eligible Entities: State and local governments, nonprofit organizations

The U.S. Department of Commerce’s Economic Development Administration (EDA) advances economic growth by assisting communities experiencing chronic high unemployment and low per capita income to create an environment that fosters innovation, promotes entrepreneurship, and attracts increased private capital investment. EDA requests proposals for the following programs: Public Works, Planning, Local Technical Assistance, and Economic Adjustment Assistance. Under the Economic Adjustment Assistance program, EDA has allocated $14.7 million to the Global Climate Change Mitigation Incentive Fund, which supports projects that foster economic competitiveness while enhancing environmental quality. Proposals are being accepted and are being reviewed on an ongoing basis. For more info, including contact info, go to: http://www.grants.gov/search/search.do?mode=VIEW&oppId=48106.
 

In 1637, the land that is now known as the town of Mystic, Connecticut was the site of a fierce battle between the Pequot Nation and English settlers resulted in an historic massacre that shaped future relations between Tribes and colonists. Today, researchers are combing the site with metal detectors and archaeological tools to unearth the history behind one of the pivotal events of pre-American history in the region.

The work is funded through grants from the National Park Service’s American Battlefield Protection Program, and is designed to map the battlefields of the Pequot War and unearth artifacts for historical display. Consistent with a Congressional report that found 62 percent of known American battlefields are located on private lands, much of the Pequot battlefield area is now residential property. This has caused some homeowners to fear that the government or the neighboring Pequot Tribes may seek to seize their land if historic materials are found. In reality, researchers only access sites with the express permission of landowners, and none of the land is taken over or otherwise restricted by the government.

“I am absolutely committed to moving forward with you and forging a new and better future together. It’s a commitment that’s deeper than our unique nation-to-nation relationship. It’s a commitment to getting this relationship right, so that you can be full partners in America’s economy, and so your children and grandchildren can have an equal shot at pursuing the American dream.” -- President Obama

 
During the White House Tribal Nations Conference in November 2009, President Obama met with leaders invited from all 564 federally recognized Tribes to forge a stronger relationship with Tribal governments. Acknowledging the history of marginalization of Native people, of promises broken and treaties violated, and of failed government solutions, President Obama called for a new and better future in which Tribal nations are full partners.

The President signed a memorandum at the conference directing Federal agencies to submit detailed plans of actions on how they intend to secure regular and meaningful consultation and collaboration with Tribal officials for policy development. Agencies are currently in the process of implementing these plans. In the interim, the White House has released a Progress Report that provides details on the status of federal programs designed to address issues of concern for Tribal communities. The report can be accessed HERE.
 

Although Washington state has 29 federally recognized Tribes, most public school students learn little of the history and culture of Native communities in their standard curriculum. Some middle school textbooks end their discussion of Native history around 1877. Thanks to an effort that began nearly seven years ago, this situation is now starting to change for the better.

In 2004, Rep. John McCoy, a member of the Tulalip Tribes, introduced a bill in the state legislature that would have required public school districts to teach Tribal history and culture. The bill did not pass, but the next year legislators approved a bill that encouraged districts to do so. For the past two years, Tribes, the state and 14 schools have worked together to create a curriculum module covering Tribal history, culture, and sovereignty, and to establish partnerships between Tribes and school districts. This fall, the ground-breaking curriculum will be available online for any teacher or school to use.

The goal is to increase understanding about Tribes among young people. "We really want to break down a lot of the stereotypes and misconceptions that people have about the Tribes and Tribal people," said Denny Hurtado, state director of Indian education. "People were saying things like, 'Why do these Indians have special rights?' If they really understood the history and the truth, they would understand that we've always had these rights."

When the curriculum becomes available online in the fall, McCoy hopes it will come into wide use in schools, and is working to raise money to open six training centers around the state where teachers can learn how to use it. "This is to get everyone to understand that because these treaties were signed, they are the law of the land," he said. "And consequently, Tribes are sovereign nations. There are so many people that don't understand that."
 

Open Pit Uranium Mine, Wyoming

The U.S. Court of Appeals for the 10th Circuit has rejected the EPA’s claim that it has primary permitting authority over uranium mining on property near Tribal lands, limiting the federal government’s reach over this controversial mining in major uranium producing states – many of which are also home to Tribal communities.

The Court’s June 16, 2010 ruling in Hydro Resources, Inc. (HRI) v. EPA, et al., sides with industry arguments that the site of a particular uranium mine in New Mexico is not located on Tribal land because it falls outside the Navajo Nation’s boundaries. The EPA had argued for a broader standard which would allow it to regulate uranium mining anywhere that is considered “Indian Country” under federal law, even if the property was outside the defined boundaries of a Reservation. A result of the Court’s decision is that regulation of such mines will be left to state law, which is not consistent from state to state.

In its published opinion, the Court noted: “EPA argued . . . that we should cast our gaze beyond the particular land in question. In the Agency’s view, because some sufficiently significant (though unspecified) percentage of neighboring lands -- what EPA calls ‘the community of reference’ -- is Indian country, HRI’s land must be considered Indian country, too.” The Court stated that the EPA’s analysis presupposes “that every piece of land is part of some community of reference,” but the Court rejected that argument.

The ruling is particularly significant because it was issued by the court which oversees Oklahoma, Wyoming, Kansas, Colorado, Utah and New Mexico, all of which are important energy and mineral-producing states and which also have large regions of Tribal lands.
 

Hundreds of First Nation members in Canada will testify this month regarding their experiences at government-funded boarding schools designed to assimilate Native children into Canadian culture and religion. Approximately 150,000 children attended the Church-run boarding schools, which operated until the 1970s.

Children of First Nations who were sent to the schools were separated from their families, forced to abandon their cultural identity, and many were physically and sexually abused. As part of a settlement with the Canadian government four years ago, a truth and reconciliation commission has been established to explore the abuses of this system and allow its victims to offer personal testimonials. The settlement also included an apology from Prime Minister Stephen Harper and more than C$2billion in compensation for former schoolchildren and their families.

The hearings opened in Winnipeg, Manitoba, the first of seven sessions to be held across the country. Buffy Sainte-Marie, a Native singer-songwriter who took part in the commission's opening ceremonies, reflected on the impact the boarding school system had for First Nations. "It is just totally heartbreaking. The things that happened for generations of children, just removed from their homes. How can you say to a child, we're going to take away your parents, your sisters, your brothers your home - everything? You are going to be up for grabs for anyone who wants to do anything to you. And it was done."

Manitoba Justice Murray Sinclair, the head of the commission, said the experiences of former students will no longer be relegated to the sidelines of Canadian history. "They will tell you something they have never told anyone before, it is the kind of truth that causes you to squirm. The truth eventually will heal us all."
 

Responding to chronic failures to accurately account for Native populations in past years, the Census Bureau has actively sought to improve its outreach for the 2010 Census. The Bureau got an early start and partnered with Tribes throughout the country to connect with Tribal members. The initial results indicate a significant increase in the response rate for Tribal members, which should result in better federal representation for Native communities. The information the Census collects helps to determine the allocation of more than $400 billion dollars of federal funding each year, for projects such as hospitals, schools, emergency services, and transportation.

The Bureau partnered with groups such as the National Congress of American Indians and took a government-to-government approach, making formal presentations to all 564 federally recognized Tribes and asking permission to conduct operations on Tribal lands.

A prime example of the improved accounting in Native communities is found with the Tulalip Tribes, whose Census return rate by last month had hit 70 percent — even before Census workers started their direct outreach to individual Tribal members. In 2000, the Tulalip final return rate was 54 percent.

The Tulalip Tribes plan a news conference to thank the Bureau for its efforts. "We're deeply appreciative of the Census Bureau for understanding that Indian Country was underrepresented 10 years ago," said Tulalip Tribal Chairman Mel Sheldon. "We do not forget our history, it hasn't always been the best of relationships ... but there's a new era here, and we're looking forward with optimism." 

Seigning Salmon In The Columbia River, Circa 1914

The federal government has issued its final program for restoring endangered salmon on the Columbia River -- a plan that will have substantial impact on the rights and livelihood of the Tribes that comprise the Columbia River Inter-Tribal Fish Commission.

The administration’s revised plan has been updated to reflect new scientific studies and incorporate a flexible "adaptive management" strategy for quick implementation of stronger protective measures if needed. Officials hope that will be sufficient to prevent another rejection of its plans by the federal court overseeing the matter. "While much attention has focused on the courtroom, the region should be proud of what the federal government, states, Tribes and communities together have accomplished for fish," the agencies said in a statement releasing the opinion. "Last year alone, 9,609 miles of wetland habitat were protected and 244 miles of streams were reopened to fish. We've made much progress, and completion of this legal process now prepares us to make much more."

Conservationists had hoped the plan would be much bolder, with less emphasis on hatchery fish and stronger attention to the possibility of breaching dams on the Snake River in eastern Washington that cut off salmon from miles of pristine potential habitat.  The primary argument against the removal of dams is the negative impact on electricity generation, since the Northwest receives a significant portion of its power from hydroelectric sources.

The Columbia River Inter-Tribal Fish Commission is comprised of the fish and wildlife committees of the Yakama, Umatilla, Warm Springs, and Nez Perce tribes. The Tribes have treaty-guaranteed fishing rights and management authority in their traditional fishing areas.
 

Scholars have begun to question the Indian law credentials of Elena Kagan, President Barack Obama's nominee to the to the U.S. Supreme Court. Other than serving on the American Indian Empowerment Fund, which was established by the Oneida Nation, Kagan lacks a record on Indian law or Indian issues. Since joining the Obama administration as Solicitor General at the Department of Justice, she has written briefs in at least five Indian law cases. All of them went against tribal interests.

A particular fact of note regarding Kagan’s approach to Native legal issues is that she never filled a fully-endowed Indian law post at Harvard Law School, where she served as dean. The Oneida Nation of New York funded the The Oneida Indian Nation Professorship of Law with a $3 million donation. The position was created in 2003, under the condition that Harvard hire a full-time, tenured faculty member dedicated to Indian law. Kagan never hired a permanent, tenured faculty member dedicated to Indian law in her six years at the school.
 

May 11, 2010

The Honorable Barack Obama
President of the United States of America
The White House
1600 Pennsylvania Ave NW
Washington, DC 20500

RE: Solicitor General Elena Kagan’s Nomination to the Supreme Court

Dear Mr. President:

Congratulations on your nomination of Solicitor General Elena Kagan to the United State Supreme Court. We are pleased you chose a woman, and clearly General Kagan is a well qualified jurist. NNABA does not currently have a position on General Kagan’s nomination. We are not yet familiar with her experience with Tribal nations or Federal Indian law. However, we very much look forward to hearing from General Kagan about her views on the Constitutional status of Tribes and the protection of Native American rights. We would like to extend an invitation for General Kagan to meet with NNABA and invite her to Indian Country to visit one of our Nations, to visit our Tribal courts, and meet with our elected Tribal leaders.

Importance of Working Knowledge of Federal Indian law.

Due to the unique Constitutional status of Native American Tribes, a disproportionate percentage of cases before the Supreme Court deal with Tribes and Indian law issues. In addition, federal court decisions often disproportionately affect Natives. Most Indian reservation lands continue to be under “federal trust” and federal criminal law applies in conjunction with tribal law. The Supreme Court oversees this relationship with Tribes and the Federal treaty and trust responsibility to Tribal citizens. There are over 560 federally-recognized Tribes in the United States, located in 35 out of the 50 states.

No Native American Supreme Court Justice, Federal Judge, Or Supreme Court Clerk.

A Native American has never served on the Supreme Court, there is not currently a Native on the federal bench and to the best our knowledge there have been almost no Native American Supreme Court clerks.

NNABA continues to be hopeful that your administration will nominate a Native to the federal bench, and we appreciate any efforts to ensure that all of your federal nominees have a strong working knowledge of Federal Indian law.

Respectfully,

Lael Echo-Hawk
President, National Native American Bar Association

In her critique of the Cobell settlement, she notes that the normal rules for class-action lawsuits appear not to have been followed in the case, depriving individual plaintiffs of the right to “opt-out” of the case.  This prevented individual Native Americans from pursuing their own separate legal remedies for the government’s alleged mismanagement of Native trust accounts and lands. She asserts that when the $1.4 billion allocated to trust account payments is broken down among the number of Native Americans with claims, the per-person dollar amount averages out to a mere $1,000.00 – with some plaintiffs to receive as little as $500.

Based on the above, I call the Cobell Proposed Settlement a scam. As a Dakota woman, a lawyer, and a law professor, I am appalled that the U.S. government would attempt to push this through Congress. The U.S. government has imposed the trust relationship on Indian peoples in mid-North America. Surely, the highest fiduciary duty is owed to individual Indians whose lands are managed by the U.S. At every step, the U.S. government has used its attorneys to fight this simple action asking for an accounting. Here in the latest round, Interior wants to sneak through this proposed settlement and stop the accounting, the claims for mismanagement, and the rights of those who are most at the mercy of the U.S. trust responsibility. This would be on par with the bleakest eras of U.S. Indian policy such as removal, assimilation and termination. We need the eagle whistle-blowers to come forth in Indian country to stop this great wrong from being perpetrated by the U.S. government. – Angelique EagleWoman

Duwamish River Bank Near Seattle

To resolve a multi-party federal lawsuit, the Boeing Company will pay $2 million to remediate environmental damage in Seattle’s Duwamish waterway, the ancestral grounds for the Duwamish, Muckleshoot, and Suquamish Tribes. Joining as plaintiffs with several federal and state agencies, the Muckleshoot and Suquamish brought the suit to fund the cleanup of the site where Boeing built many of the B-17 bombers used during World War II. Solvents, oils and other chemicals polluted the property and leached into groundwater that migrated to the Duwamish waterway.

Boeing has agreed to undertake two habitat-restoration projects to benefit salmon and birds. The company will create nearly five acres of new wetlands, restore a half-mile of waterway, and establish a holding area for young salmon. It also will demolish several buildings that were partially constructed on pilings over the waterway during the 1930s and early 1940s. "We'll be taking the pilings out and restoring the bank," said Blythe Jameson, a spokeswoman for Boeing.

In addition to the Tribes, the settlement resolves claims against Boeing by the National Oceanic and Atmospheric Administration, the Department of Interior, U.S. Fish and Wildlife Service, the Washington State Department of Ecology, and the Washington State Department of Fish and Wildlife. The agreement includes the creation of a permanent stewardship fund for the remediation projects. Boeing says cleanup and restoration activities are scheduled to begin in 2012, and will take several years to complete.
 

A new deadline of May 31, 2010 has been agreed to by the plaintiffs and the federal government, but it will likely be the last extension. “The district judge [Judge James Robertson, U.S. District Court for the District of Columbia] declared that he does not want further extensions of the December 7, 2009 settlement agreement, and he set a date certain in that regard,” says Dennis Gingold, lead counsel for the plaintiffs.

“That is a fair decision in view of representations made by the government that our settlement would be ratified by Congress on or before the end of December 2009. If the settlement agreement expires, plaintiffs will resume intense litigation against Treasury and Interior on all matters relevant to the case, including the renewal of matters that remain unresolved and the refiling of motions that have been dismissed without prejudice as a necessary predicate to settlement.”

The settlement agreement calls for the federal government to provide $1.4 billion in compensation for individual Native American trust fund beneficiaries, and $2 billion for a land consolidation program to be overseen by the Department of the Interior to buy back fractionated trust lands.

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.
 

(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.