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| Photo by Gregor Gable |
Consultation is not consent but when done, should be according to the UN Declaration on the Rights of Indigenous People with free, prior informed consent of Indigenous people affected--a right of self-determination, and in the planning and implementation of projects on our lands defined by treaty, or other constructive agreements with states. The law needs to be enforced and resources directed to indigenous communities for clean-up efforts and proper enforcement.
The siting process for an interim storage facility has already failed the Shoshone people by NRC licensing an interim storage facility in Texas-based upon the final licensing of Yucca Mountain on Shoshone property. Yucca Mountain is illegal and will not be licensed in spite of abuse by coordinate agencies of the US government supporting the nuclear industrial complex. The Yucca Mountain is unconstitutional under the terms of peace and friendship because shipping nuclear waste then storing nuclear waste on Shoshone property without Shoshone consent is racism. Congress by proposing Shoshone property under the Nuclear Waste Policy Amendments Act of 1987 in violation of the Treaty of Ruby Valley is legislative malfeasance and Congressional malpractice by designating Yucca Mountain as the sole site for investigation and licensing as a deep geological repository.
2. What role should Tribal, State, and local governments and officials play in determining consent for a community to host a federal interim storage facility?
The role of victim has already been selected for the Western Shoshone at Yucca Mountain by the DOE and coordinate agencies failing to follow the law, the US Constitution Article 6, treaty supremacy clause, and the Treaty of Ruby Valley (18 Statute 689-692. The intent of the DOE and coordinate agencies is to inflict conditions intended to bring about the destruction of the Shoshone people in whole or in part, a peremptory norm in International Law and a violation of 18 USC 1091 GENOCIDE. DOE and coordinate agencies must address the facts of law that the Treaty of Ruby Valley is in full force and effect and thereby controlling the siting of Yucca Mountain as illegal. The NRC must come into line with that fact of treaty laws of the US in the licensing of any interim storage facility for nuclear waste.
3. What benefits or opportunities could encourage local, State, and Tribal governments to consider engaging with the Department as it works to identify federal interim storage sites?
Acknowledging the facts of law in the US Constitution Article 6 treaty supremacy and the Treaty of Ruby Valley (18 Statute 689) and the President establishing a safe place for the protection, growth, and development of the Western Bands of the Shoshone Nation of Indians under article 6 of the treaty. The State of Nevada and Nye County have been engaged in defrauding the Shoshone people of our rights, title and interests that should accrue to the benefit of the Western Bands of the Shoshone Nation of Indians. Federal funds from grants and payments equal to taxes provided by federal law to Nevada for federal projects on Shoshone treaty property are distributed to all units of local government except Indians. That is environmental racism, discrimination, and fraud under 18 USC ss 1961-68 RICO.
Area 2: Removing Barriers to Meaningful Participation
Acknowledging the facts of law in the US Constitution Article 6 treaty supremacy and the Treaty of Ruby Valley (18 Statute 689) and the President establishing a safe place for the protection, growth and development of the Western Bands of the Shoshone Nation of Indians under article 6 of the treaty. The State of Nevada and Nye County have been engaged in defrauding the Shoshone people of our rights, title, and interests that should accrue to the benefit of the Western Bands of the Shoshone Nation of Indians. Federal funds from grants and payments equal to taxes provided by federal law to Nevada for federal projects on Shoshone treaty property are distributed to all units of local government except Indians. That is environmental racism, discrimination and fraud under 18 USC ss 1961-68 RICO.
4. What are barriers or impediments to the successful siting of federal interim storage facilities using a consent-based process and how could they be addressed?
Failure to protect and defend the US Constitution and treaties made pursuant to the Constitution including Indian treaties then interfering with the rights of the Shoshone people to free enjoyment of our property defined by the Treaty of Ruby Valley (Consolidated Treaty Series Volume 127 1863.
5. How should the Department work with local communities to establish reasonable expectations and plans concerning the duration of storage at federal interim storage facilities?6. What organizations or communities should the Department consider partnering with to develop a consent-based approach to siting?
Contact the Secretary of the Interior to stop the abuse of the Shoshone Nation, create the treaty reservation to correct the past abuse by the Department of Energy and prevent future abuse. Since the Secretary of the Interior claims superintendence of Indians according to the US Supreme Court's Marshall trilogy, Johnson v. MacKintosh, Worcester v. Georgia and US v. Cherokee Nation--Indians cannot consent and it is the US that is wholly responsible for the outcomes of the DOE policy or licensing by coordinate agencies of Yucca Mountain and Texas or any other site considered as an interim storage facility predicated upon illegally licensing Shoshone treaty property as in Yucca Mountain NRC Docket 63-001.
7. What other issues, including those raised in the Draft Consent-Based Siting Process ( www.energy.gov/sites/prod/
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