Showing posts with label Rawson. Show all posts
Showing posts with label Rawson. Show all posts

Saturday, September 21, 2013

Pure Imagination: Tulalip Burial Grounds

Dana Kinsey of Orcas Island, and formerly of the Conservation District, recently wrote an open letter to Councilmen Jarman and Hughes about her concerns regarding our Local Integrating Organization (LIO). In her letter, Kinsey alleges that Linda Lyshall has been shifting LIO funding to the Conservation Distict for her own benefit. Kinsey wrote:
It appears that [Lyshall] is determining projects, grantees and funding now. I thought she was originally hired by San Juan County to coordinate the LIO part time as a county employee. Now suddenly, in this new proposal all the work and money go to the Conservation District. Is it because [Lyshall] took a job there in May?
We agree with Kinsey that the Council should start asking the LIO a lot more questions ... everyone should. Even in a world where miscreant government is the norm, the LIO sticks out for being a freakish Franken-bureaucracy beyond compare.

The Trojan Heron will do an entire series of posts about the LIO in the near future, but for the moment, we want to provide some background about one of its governing members ... the Tulalip Tribes. 

First, we need to explain how the Tulalips fit into the LIO. The LIO is "governed" by an Accountability Oversight Committee (AOC) comprised of our County government together with three local tribes ... the Tulalip Tribes, the Lummi Nation, and the Swinomish Tribe. The LIO manages our local ecosystem, using the Puget Sound Partnership's Action Agenda for San Juan County as a plan.  That's right ... our local ecosystem is not managed by our elected County Council. Instead it is managed according to a blueprint (the Action Agenda) formulated by a State bureaucracy (the PSP) and then implemented by an intergovernmental panel consisting of 1 collective vote for 3 local tribes and 1 vote for our elected County government.

So what are our LIO tribal partners like? Here are some facts about the Tulalips.

As anyone who has driven down I-5 knows, the Tulalip Tribes have a reservation in Snohomish County. The 22,000-acre reservation is home to about 2,500 tribal members (another 1,500 live off the reservation) and about 8,000 non-tribal members. That gives the reservation a population density exceeding 3 times that of San Juan County. 

According to DSHS, tribal members are entitled to a $2,000 quarterly stipend, with a December bonus of $3,500. In 2012, tribal members received $11,500. The elderly and disabled receive payments of $1,000 per month. Tuition assistance is available for Tulalip tribal members attending college. Tribal members also receive an employment preference for jobs on the reservation.

Who gets to be a Tulalip tribal member? That is a very interesting question. These days, to become a Tulalip tribal member, a child has to be born to a tribal member who has lived on the reservation for at least 12 months prior to the child's birth. That means that a full-blood Tulalip born in Boston, New York City, or Portland is not a member of the tribe and can never be a member of the tribe. On the other hand, even a mostly non-Tulalip child born on the reservation to a tribal member is automatically a tribal member. These strange tribal membership rules are described by a Tulalip tribal member and blogger in the following way:
As a 20 year old Tulalip female, it disturbs me to know that there is no blood quantum to become a Tulalip tribal member. “The applicant must be a child born to any Member of the tribe, which Member is a Resident as defined herein.” [Sec.3.0] Since this is all you have to do to become a tribal member, the tribe ends up having a lot of non-native members. 
The rules provide a loop hole that permits whites and other non-natives to enroll. My cousin is a perfect example. He is less than one-eighth and is still an enrolled tribal member. His child is less than one-sixteenth because he is having a baby with a white woman. His child will surely be enrolled because he lives on the Tulalip Reservation and is a tribal member of the Tulalip tribes. The resident rule excludes some Native Americans from enrollment. 
For example, my younger sister didn’t have acceptable mail with her name and address on it. She needed it to prove residency which caused problems in enrolling her children. My sister is currently living on the Tulalip reservation with her children where they have been living since they were born. The rules also cause problems for Tulalip tribal members who move off of the reservation.
Other tribes tease the Tulalip tribes because many of our members are white. They call us white Tulalip because the large amount of white tribal members. A Native American tribe is supposed to be made up of Native American people not white or black people. If non-natives are allowed to be enrolled, they take money from the Native Americans.
In other words, Tulalip tribal membership isn't the same as Tulalip heritage anymore, and the Tulalips are not the only tribe to view tribal membership in this way. In fact, a congressional study predicts that nationwide only 3% of "Indians" will be full blooded by 2080.

The Tulalips have been very successful economically. The reservation operates Quil Ceda Village (a 100-store mall), Quil Ceda Creek Casino, Tulalip Resort Casino, Tulalip Liquor Store and Smoke Shop, Tulalip Broadband, a fish hatchery, and a closed hazardous waste landfill that used to be a Superfund site ... more on that in a moment.

Tulalip operations earn hundreds of millions in revenue each year (estimated to be more than $200 million back in 2005). Only a very small proportion of tribal revenue is generated from fishing these days. Reportedly, 30 tribal members are licensed to fish, which is down from about 130 tribal members in the mid-1980s.

Getting back to the Tulalip Superfund Site, the EPA says the following:
Tulalip Landfill is a 147-acre site located on North Ebey Island, within the boundaries of the Tulalip Indian Reservation near Marysville, Washington. The landfill is surrounded by Ebey Slough to the north and Steamboat Slough to the south. Surface water from these sloughs flows into northern Puget Sound, a federally designated national estuary that is a recognized habitat for shellfish and some endangered species, including salmon. The Tulalip Tribe leased land to the Seattle Disposal Company from 1964 to 1979. During that time, an estimated four million tons of commercial, industrial, and hospital waste were deposited in the landfill. In 1979, the landfill was closed. An estimated 7,800 people obtain their drinking water from private and municipal wells that are within four miles of the site. The nearest drinking water source is within one mile of the site.
The site underwent cleanup about 15 years ago, and in April 2013, the EPA completed it's third 5-Year Review of the remedy. The remedy consists of an engineered 7-layer containment system to better isolate the waste and contamination, groundwater monitoring for at least 30 years, and institutional controls (e.g., land use restrictions and administrative controls such as warning signs).

Prior to landfilling activities, the land on which the landfill is located consisted of relatively undisturbed intertidal wetlands. After landfilling operations ceased, contaminated leachate was seeping out into the nearby wetlands causing concerns for human health and the environment, so the site was added to the National Priorities List (NPL) in April 1995. In an editorial from that year, Greg Wingard, President Waste Action Project Seattle, wrote the following:
EPA investigation of the site showed hazardous and bio-hazard waste was disposed of there. Leachate from the landfill was determined to be toxic and a danger to salmon in the nearby Quilceda Creek.  When EPA sent a team of divers in to investigate the landfill's impact on Puget Sound, they found body parts, bloody bandages and other medical waste.
Most of the divers contracted armpit and groin infections as a result of their exposure. Tests run on bacteria samples by EPA showed most of the samples were highly resistant to the 13 antibiotics tested. Some of the samples were 100 percent resistant to everything used against them. This information is contained in the EPA Region X file on the landfill.
From looking at the documentation and the data, I have to say that I truly believe the Tulalip landfill has an effective remedy in place now. In its current remediated state, I believe that the risks to human health and the environment have been mitigated. But if the remediated Tulalip landfill of horrors can safety exist directly adjacent to the shore of Puget Sound, so can an average home in the San Juans.

The Tulalips have a role in managing our ecosystem via the LIO. Tribal employees (e.g., Kit Rawson) have been long-term tribal representatives to our Marine Resources Committee. Tulalips have "usual and accustomed" fishing rights in our waters. When you encounter Tulalip environmental-ish policies and statements regarding salmon ... or regarding climate change and sea level rise ... or even their heritage ... take note that fishing is just one more line of business for the tribe and its tribal members ... take note that the Tulalip reservation has a delisted Superfund site sitting in wetlands barely above high tide on Puget Sound ... take note of who gets to be a Tulalip tribal member and who doesn't ... take note that the tribe is an economic and development powerhouse.

I believe Tulalip tribal government officials have been very effective advocates for the economic and cultural interests of their tribal members ... and we should expect our County Council to be no less effective at advocating for us.

An oblique aerial photo of the remediated Tulalip Superfund Landfill on North Ebey Island on the Tulalip Reservation.  Where is the buffer?

Friday, August 16, 2013

Conservation District Watch: The Series - Installment #3

Another Rosenkotter email to another tribe (Tulalip ... Rawson's former employer). The Tulalip letter to the State is at the bottom of this post.  As with the Lummi correspondence, no one bothers to inform or even cc our Council.
______________________________________________________________

From: Barbara Rosenkotter
Sent: Thursday, May 02, 2013 11:45 AM
To: Terry Williams
Subject: San Juan Lead Entity Transition
Dear Terry,
As a follow up to my voice mail message…

We are considering moving the fiscal agent for the San Juan / WRIA2 Lead Entity from San Juan County to the San Juan Islands Conservation District. As you may recall, the Lead Entity was originally housed within the San Juan Islands Conservation District when the Lead Entity program was established in the San Juans in 2000. It was moved to San Juan County in 2005.

Due to ever tightening county budgets San Juan County has sought to recoup additional overhead costs at the same time that federal and state funding for the Lead Entity program has been reduced. This has put an ongoing squeeze on the local program. As you know, the Lead Entity Coordinator position was reduced to part time this last year due to the reduction in funding.

The San Juan Islands Conservation District has offered to become the fiscal agent once again to house the Lead Entity program for San Juan / WRIA2. And is offering to do so at about half the overhead costs that San Juan County requires. It seems like a prudent step to accept this offer to move the Lead Entity program back to the local Conservation District. This move will allow for more funding to support the actual program and require less of the funding to be expended on overhead costs.

Based on the Salmon Recovery RCW 77.85 it is our understanding that tribal governments should be consulted regarding the proposed fiscal agent change for the San Juan / WRIA 2 Lead Entity program (see the statutory language below). And in consultation with Lloyd Moody of the Governors Salmon Recovery Office and the Recreation and Conservation Office, who oversees the Lead Entity programs across the state, he has confirmed that tribal governments would need to provide their support by letters or resolutions.

Thus this email to you requesting your assistance to provide a Tulalip letter of support or resolution in support of the change in fiscal agent for the San Juan / WRIA2 Lead Entity.

Please let me know if you perceive any issues with this request and also let me know if there is anyone else at Tulalip that I should work with on this request.

Thank you,
Barbara Rosenkotter
Lead Entity Coordinator for Salmon Recovery
San Juan County / WRIA2
barbarar@sanjuanco.com
360-370-7593
PO Box 947
135 Rhone Street
Friday Harbor, WA 98250

77.85.050
Habitat project lists.
(1)(a) Counties, cities, and tribal governments must jointly designate, by resolution or by letters of support, the area for which a habitat project list is to be developed and the lead entity that is to be responsible for submitting the habitat project list. No project included on a habitat project list shall be considered mandatory in nature and no private landowner may be forced or coerced into participation in any respect. The lead entity may be a county, city, conservation district, special district, tribal government, regional recovery organization, or other entity.
__________________________________________________________________________________________

Click to enlarge. Right click to download.

Wednesday, August 14, 2013

Conservation District Watch: The Series - Installment #2

In the last post, we saw Barbara Rosenkotter write to Kit Rawson to ask for a list of tribal contacts who might publicly support the move of the Salmon Lead Entity program from San Juan County to the Conservation District. Dutifully, Rawson provided a tribal contact list to Rosenkotter, and Rosenkotter started writing to the tribes. It was just that simple.

This is how influence works, and this is how easy it is for a rogue County staffer to wield influence in league with a power-hungry Conservation District. Below is the tribal contact list sent to Rosenkotter by Rawson. Then, below that is one of the emails sent by Rosenkotter to one of the tribal contacts without the knowledge of our Council or even so much as a cc to our Council. At the very bottom of this post, we have one of the tribal letters sent to the State in response to Rosenkotter's request ... again no cc by the tribe to our Council. It was all done on the QT.

We'll publish some of the other tribal letters in coming posts.
______________________________________________________

As of 12/12/2012 - Tribes and Tribal Chairs

Here are the names of the tribes and tribal chairs (in alphabetical order), along with others to whom the letter should probably be sent. As far as honorifics go, treat the tribal chairs as you would treat any other executive level leader of government.

Jamestown S’Klallam Tribe
1033 Old Blyn Highway
Sequim, WA 98328
William “Ron” Allen, Chair
(also send to Scott Chitwood, Natural Resources Director)

Lower Elwha Klallam tribe
2851 Lower Elwha Road
Port Angeles, WA 98363
Frances Charles, Chair
(also send to Doug Morrill, Natural Resources Director)

Lummi Nation
2616 Kwina Road
Bellingham, WA 98226
Cliff Cultee, Chair
(also send to Merle Jefferson, Natural Resources Director; Eldon Hillaire, Natural Resources Commission Chairman; Randy Kinley, Policy Representative; Alan Chapman, ESA Coordinator)

Makah Tribe (not a tribe with U&A in the San Juans, but I think you wanted to send to them too)
P.O. Box 115
Neah Bay, WA 98357
Michael J. Lawrence, Chair
(also send to Russ Svec, Fishery Manager)

Nooksack Tribe
P.O. Box 157
Deming, WA 98244
Bob Kelly, Chairman
(also send to Gary McWilliams, Natural Resources Director)

Port Gamble S’Klallam Tribe
31912 Little Boston Road NE
Kingston, WA 98346
Jeromy Sullivan, Chair
(also send to Paul McCollum, Natural Resources Director)

Suquamish Tribe
18490 Suquamish Way
Suquamish, WA 98392
Leonard Forsman, Chair
(also send to Rob Purser, Fisheries Director)

Swinomish Tribal Community
P.O. Box 817
11404 Moorage Way
La Conner, WA 98257
Brian Cladoosby, Chair
(also send to Lorraine Loomis, Fisheries Manager and Charlie O’Hara, Planning Director)

Tulalip Tribes
6406 Marine Drive
Tulalip, WA 98271
Melvin R. Sheldon, Jr., Chair
(also send to Ray Fryberg, Sr., Executive Director of Natural Resources; Terry R. Williams, Commissioner of Fisheries and Wildlife; Kit Rawson, Conservation Science Program Manager)
_______________________________________________________
From: Barbara Rosenkotter
Sent: Thursday, May 02, 2013 10:43 AM
To: Stan Walsh (swalsh@skagitcoop.org)
Subject: San Juan Lead Entity Transition

Dear Stan,
As a follow up to our conversation yesterday, we are considering moving the fiscal agent for the San Juan / WRIA2 Lead Entity from San Juan County to the San Juan Islands Conservation District. As you may recall, the Lead Entity was originally housed within the San Juan Islands Conservation District when the Lead Entity program was established in the San Juans in 2000. It was moved to San Juan County in 2005.

Due to ever tightening county budgets San Juan County has sought to recoup additional overhead costs at the same time that federal and state funding for the Lead Entity program has been reduced. This has put an ongoing squeeze on the local program. As you know, the Lead Entity Coordinator position was reduced to part time this last year due to the reduction in funding.

The San Juan Islands Conservation District has offered to become the fiscal agent once again to house the Lead Entity program for San Juan / WRIA2. And is offering to do so at about half the overhead costs that San Juan County requires. It seems like a prudent step to accept this offer to move the Lead Entity program back to the local Conservation District. This move will allow for more funding to support the actual program and require less of the funding to be expended on overhead costs.

Based on the Salmon Recovery RCW 77.85 it is our understanding that tribal governments should be consulted regarding the proposed fiscal agent change for the San Juan / WRIA 2 Lead Entity program (see the statutory language below). And in consultation with Lloyd Moody of the Governors Salmon Recovery Office and the Recreation and Conservation Office, who oversees the Lead Entity programs across the state, he has confirmed that tribal governments would need to provide their support by letters or resolutions.

Thus this email to you requesting your assistance to provide a tribal letter of support or resolution in support of the change in fiscal agent for the San Juan / WRIA2 Lead Entity.

Please let me know if you perceive any issues with this request and how I may be of assistance.

Thank you,
Barbara Rosenkotter
Lead Entity Coordinator for Salmon Recovery
San Juan County / WRIA2
barbarar@sanjuanco.com
360-370-7593
PO Box 947
135 Rhone Street
Friday Harbor, WA 98250

77.85.050
Habitat project lists.
(1)(a) Counties, cities, and tribal governments must jointly designate, by resolution or by letters of support, the area for which a habitat project list is to be developed and the lead entity that is to be responsible for submitting the habitat project list. No project included on a habitat project list shall be considered mandatory in nature and no private landowner may be forced or coerced into participation in any respect. The lead entity may be a county, city, conservation district, special district, tribal government, regional recovery organization, or other entity.
_____________________________________________________________

Click to enlarge. Right click to download.


Sunday, January 13, 2013

Rawson's Response To Our Recent MRC Posting

A couple of days ago, we put up a post regarding the MRC, including an email from a constituent to the Council asking some questions about the activities of the MRC. Kit Rawson of the MRC felt the post was inaccurate, so we said we'd let him post a response to set the record straight from his perspective.

Below is Rawson's response.
________________________________________________________

Thanks for the opportunity to correct/amplify on a few statements made in the January 10 posting regarding the MRC.  My interest right here is to correct the facts, not debate the issues.  There certainly are issues to debate, but I think that debate is most constructively carried out on a factual basis.  By way of background, I have been a member of the San Juan MRC since 2001 and have been employed by the Tulalip Tribes since 1986.  I am stepping down from the MRC when my current term ends at the end of February of this year, and I am retiring from my job at Tulalip in early March.  My wife and I have owned property on San Juan Island since 1982, and we built a cabin there between 1987 and 1990, which we use throughout the year.  Our principal residence is in Mount Vernon. 

I was chair of the MRC from 2005-2010, but I am only a member now.  I offer these comments on my own behalf and am not speaking for the MRC or anyone else on the MRC.

The original posting stated “.. the MRC has been corresponding with the Washington Department of Fish and Wildlife (WDFW) about closures on the west side …”.  This was corrected to state the correct topic of the correspondence after I let the Trojan Heron know of the error, and the posting has been edited.  Thank you. I provide a little more information on this below:

The recent communication with the Washington Department of Fish and Wildlife was regarding new information on the timing of juvenile salmon presence in the San Juan Islands.  Currently they base decisions on regulating the timing of in-water work to protect salmon on information from mainland areas near river mouths that does not apply to the San Juan Islands.  So we sent the new information from the San Juan Islands to WDFW.  This was a follow up to discussions with WDFW over the past several years.  The original salmon recovery chapter for the San Juan Islands pointed out that protection of juvenile salmon in this area could be greatly improved by the application of local data to the problem.   The letter we sent was merely communicating the latest local data to them and asking them to meet with the MRC in a public meeting to discuss the information.  Our data also includes detailed information on the location of juvenile salmon as well as their timing.  Work windows do not have to be “one size fits all” but rather could be based on location, timing, and even year-to-year variability in fish presence.  They are also based on a consideration of the safety of workers and the protection of materials and other factors. Our goal was to convene a discussion of local data and local concerns with this state agency. 

A San Juan County council member who graciously volunteered to serve as pro tem liaison to the MRC was present during the MRC’s discussions of this letter.  This member did not express agreement or disagreement with the letter, nor of our sending it, but the member was aware of the letter and of the discussion we had on it.  The MRC was following up on a longer term discussion with WDFW and acting in good faith.  The MRC’s intent was not to presume to speak for San Juan County or anyone else in a matter of policy but rather to be sure that WDFW had the most recent local data on this topic, which they had asked for previously and been expecting.   In fact, I and others asked for the letter to be edited so that it was clear that is wasn’t asking for a specific policy but rather only for a discussion.  It was the edited version that was adopted by the MRC.

An email quoted in the posting states “…is it true that one of the tribes paid for the MRC coordinator’s salary for 6 months … .”  No, it is not true.    The Tulalip Tribes provided $15,000 in 2011 or 2012 (I can’t remember which) to help seed the fund for projects to implement the San Juan Islands action agenda, which is part of the Puget Sound Partnership’s action agenda.  The local agenda was developed locally and represents local needs and concerns.  The $15,000 went into a fund that was divvyed up into three or four small projects, carried out by locally-based project proponents, to implement the local action agenda.  All of this information is publically available, and I and others can help find more information if requested to do so.  The funds came from funds that the tribal casino designates for community projects and was awarded based on a request to the committee that awards these funds to community groups following normal procedures for such requests.  This was a one-time donation to help get the local program going under the Puget Sound Partnership.

It is important for people to have correct information about the background of issues they are concerned with.  It is a matter of common courtesy to first ask the subject of the discussion about a factual matter.  So it would have been appropriate here to ask someone in the MRC office, or the MRC chair, or an MRC member, or the council member who is attending MRC meetings about recent correspondence of the MRC.  Or MRC minutes could be consulted, either online or as requested from the MRC office.  In this case, the TH did correct the posting after getting a correction from me, after checking up on it, I would guess.  That is great, but it would have been better if the facts were correct from the beginning, which I don’t think would have been very hard to do.  Similarly, it would be courteous and respectful to ask the someone in the county, or the local integrating organization coordinator, or someone from one of the tribes, about a supposed source of funds for work that is being coordinated through the county.  Of course it is always appropriate, and sometimes wise, to check these facts.  But good relationships are fostered by observation of the rules of common courtesy in my opinion and in my experience.

In my opinion, the points I read in the TH about whether or not it is wise for San Juan County to accept grants, what the rules of operation for the MRC and other advisory bodies should be, whether or not the county should participate in the Puget Sound Partnership, and others are all worthy of discussion.  But, if the discussion starts with distortions and attacks, the response will most likely be to defend against the distortions and attacks rather than to debate the issues.