Showing posts with label Tribes. Show all posts
Showing posts with label Tribes. 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?

Monday, August 19, 2013

Conservation District Watch: The Series - Installment #5

Barbara Rosenkotter keeps in touch with inter-governmental officials with the same unstoppable vigor of a salmon swimming upstream to spawn. We've only shown you a portion of her correspondence with various officials. During the whole time she's been deliberatin' and conjugatin' with the tribes and the Conservation District, she's been keeping the State Lead Entity Program Manager apprised too (Lloyd Moody). She has such a good relationship with Lloyd that she even asks if she can have the Lead Entity contract term changed to fit her schedule better ... because the tribes just aren't moving fast enough for Rosenkotter's liking so that everything can get done by July 1. To paraphrase Lloyd's response to Rosenkotter, "he's on it."

It's marvelous how Rosenkotter is able to keep so many people in the loop ... except our County Council. If you read her email, you will note that she expects to get the County's blessing at the end of the process, rather than at the beginning. Oh wait ... Rosenkotter says that she's talked to one County Councilman who appears to be supportive of the move! Gee, I wonder who that could be?

Everybody's in on this, except Jarman and Hughes. Don't forget to copy Scott Williamson of the PSP too!
________________________________________________________________
From: Barbara Rosenkotter
Sent: Tuesday, June 04, 2013 4:37 PM
To: Moody, Lloyd (GSRO)
Subject: RE: LE Transition - Extend PSAR portion of existing contract?

Thank you!
______________________________________________________
From: Moody, Lloyd (GSRO) [mailto:lloyd.moody@gsro.wa.gov]
Sent: Tuesday, June 04, 2013 4:35 PM
To: Barbara Rosenkotter
Cc: Williamson, Scott (PSP)
Subject: RE: LE Transition - Extend PSAR portion of existing contract?

Barbara –

Thanks for your time on the phone to help me get a more clear picture. I’m on it. I’ll let you know what I uncover, assuming the legislature doesn’t do anything really silly…

Lloyd
___________________________________________________________
From: Barbara Rosenkotter [mailto:barbarar@sanjuanco.com]
Sent: Tuesday, June 04, 2013 11:41 AM
To: Moody, Lloyd (GSRO)
Cc: Williamson, Scott (PSP)
Subject: LE Transition - Extend PSAR portion of existing contract?

Lloyd,

FYI, I have one formal letter of support from the San Juan Islands Conservation District indicating their support for being the fiscal agent for the San Juan LE Program. I have requested an updated status from Lummi, Tulalip and Swinomish as to where they are in the process of providing letters of support and so far I have not heard any concerns expressed. And I have also spoken to one San Juan County Council member so far who is supportive of the move.

But it looks like this will continue to be a slow process, so is it possible to extend the PSAR portion of the existing LE contract with San Juan County through September rather than starting a new contract with San Juan County that then has to be redone with the San Juan CD? Seems like that would be the easiest solution.

Then once we have the county’s blessing to move the program then we can start the new contracting with the CD so it is in place when the move is likely to occur, i.e. in August or September.

I had a conversation with Scott this morning and it sounds like he would support this approach. Would this option also work for RCO?

Thanks

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

Sunday, August 18, 2013

Conservation District Watch: The Series - Installment #4

Another day ... another letter from a local tribe to County staffers and the State regarding our County's policy and funding ... with no cc to our Council. Some commenters have wondered, "Was everyone deliberately keeping the Council out of the loop, or was it just an oversight?"

With the email and letter below, we see the Swinomish sending their draft letter to Rosenkotter and Linda Lyshall of the Conservation District for pre-approval. The Swinomish are asking Rosenkotter and Lyshall, "Hey, does this look okay to you?" The Swinomish cc the other two tribes who have sent letters to the State already ... the Lummi and the Tulalip. The Swinomish even cc Ron Zee.

But they don't copy our County Council, which was apparently just the way Rosenkotter and Lyshall wanted it.
_________________________________________________________________

Click to enlarge. Right click to download.

Click to enlarge. Right click to download.

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.


Tuesday, August 13, 2013

Conservation District Watch: The Series - Installment #1

There is simply too much information about the Conservation District being in cahoots with Barbara Rosenkotter, the tribes, and others to fit in only one blogpost. So we've decided to create a series where we will release information in digestible portions.

Zee is using the Conservation District as a vacuum cleaner to suck up all available eco-grant funding in the county. It's part of his grand plan to create a bureaucracy of mass destruction, and he's working on it with Barbara Rosenkotter (County employee), the tribes, the PSP, DNR ... and pretty much everyone except our County Council and the public. As usual, Zee is going about his business as stealthily as possible, writing letters and maneuvering while conveniently forgetting to copy the County Council on important correspondence, even when the subject matter concerns taking away County programs and funding.

San Juan County is the Lead Entity for Salmon Recovery for Water Resource Inventory Area 2 and has designated the San Juan County Marine Resources Committee as the citizens committee for salmon recovery. But for some reason (maybe the election outcome?) such an arrangement no longer pleases Rosenkotter, who is the Coordinator for Salmon Recovery here. Instead of devoting her billable time to saving salmon, Rosenkotter works to rearrange the bureaucratic levers so she can join forces with Zee at the Conservation District ... because we all know that nothing saves salmon like having a new office at the Conservation District.

In this first installment, we see Rosenkotter writing to Kit Rawson for the purpose of enlisting his help in getting the tribes' support for moving the Salmon Lead Entity program from the County to Zee's Conservation District. The Conservation District Board doesn't know about it. The County Council doesn't know about it, except for maybe Stephens (but more on that in later posts).

Below is the email from Rosenkotter to Rawson, and below that we see Zee writing to the State Lead Entity Program Manager (and not copying the County) to ask that the San Juan Salmon Recovery Lead Entity program be reassigned from the County to his Conservation District.
____________________________________________________

From: Barbara Rosenkotter
Sent: Thursday, April 11, 2013 8:09 AM
To: Kit Rawson - Tulalip Tribes (krawson50@gmail.com.)
Subject: Recommendations?
Hello Kit,
Hope you are enjoying all of your various activities. I heard you were snowshoeing recently.
I wanted to contact you regarding your previous job experience and expertise in working with tribes. We are considering moving the Lead Entity program from the county as the fiscal agent to the Conservation District. I think I could cut the overhead costs in half by making the move. I expect there will be more funding cuts so I know that I need to do whatever I can to make the program as lean as possible. And now may be the time to consider it since the CD is getting their management in order. The new Lead Entity contract would start July 1 so there is some time to get this all organized but not a lot.

So my question is which tribes would you recommend that I contact should we decide to try to move the Lead Entity program to a new fiscal agent? I would definitely contact the tribes who have been working with the San Juan LIO to make sure they would approve the move before we got too far down the road. Would you recommend doing active outreach to the others who have U & A in the San Juans? Or I could just inform them of the proposal and ask for any comments but not actively try to engage with them.

I would appreciate your thoughts, ideas.

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

Click to enlarge. Right click to download.