WASHINGTON: Greater Chaco Protectors Rally Congress for Environmental Justice

Greater Chaco Advocates Travel from New Mexico to call on Congress for environmental justice for Greater Chaco

D.C. Premiere of Our Story: The Indigenous-Led Fight to Protect Greater Chaco

Delegation Statement

Censored News

Translated into French for Censored News

by Christine Prat

https://chrisp.lautre.net/wpblog/?p=7561

WASHINGTON, D.C. -- A delegation of Indigenous community leaders and Greater Chaco protectors traveled from New Mexico to Washington D.C. to lobby members of Congress for Greater Chaco protections, and premiere a film screening of the award-winning Our Story: The Indigenous Led Fight to Protect Greater Chaco (film trailer) which showcases the threats the Greater Chaco Landscape and its communities face from continued oil and gas leasing and drilling.

Paiute Leaders Statement to Congress on Pyramid Lake Water Rights

Paiutes protest planned theft of
Pyramid Lake water rights
Photo by Bad Bear Sampson 2014

Paiutes fighting to protect their water rights to Pyramid Lake say this document proves the current Paiute chairman has waived rights:


JOINT STATEMENT OF: ELWOOD LOWERY CHAIRMAN PYRAMID LAKE PAIUTE TRIBE

STEPHEN HARTMAN

VICE PRESIDENT AND GENERAL COUNSEL FISH SPRINGS RANCH LLC

BEFORE THE:

COMMITTEE ON INDIAN AFFAIRS UNITED STATES SENATE

LEGISLATIVE HEARING S. 1818

PYRAMID LAKE PAIUTE TRIBE – FISH SPRINGS RANCH SETTLEMENT ACT MAY 7, 2014

I am Elwood Lowery, Chairman of the Pyramid Lake Paiute Tribe, and am here today representing the Tribe and also at the request of Vidler Water Company regarding S. 1818, the Pyramid Lake Paiute Tribe – Fish Springs Ranch Settlement Act. Vidler Water Company is the managing partner for Fish Springs Ranch, LLC. We greatly appreciate the fact that the Senate Indian Affairs Committee has scheduled this hearing and we urge you to expeditiously report out S. 1818 to the full Senate for consideration and approval.

At the outset, I would like to say that we have worked hard to make this settlement and the requisite legislation easy for Congress to approve. It ratifies an agreement between two independent parties – the Tribe and Fish Springs Ranch – at no cost to the United States Government, asks for and requires no action by the Department of the Interior and likely reduces its workload, terminates a lawsuit against the Department of the Interior, and assures that the Government will bear no liability from the settlement. It also protects a private water project that is already constructed and reasonably compensates the Pyramid Lake Paiute Tribe from private funds for any actual or potential resource loss. Because it involves a trust resource, however, it requires Federal authorization to take effect. That is why we are here.

The proposed legislation (S. 1818) authorizes, ratifies and confirms a settlement between the Pyramid Lake Paiute Tribe (Tribe) and Fish Springs Ranch, LLC (Fish Springs). The proposed legislation is necessary to complete the settlement which resolves the parties’ dispute over water rights and alleged injuries to tribal water rights in connection with the pumping and transport by Fish Springs of groundwater from the Honey Lake Valley Basin to the suburban Stead/Lemmon Valley area north of Reno, Nevada. The transport of the groundwater to the Reno suburbs is across public lands, which required a Bureau of Land Management (BLM) right-of-way permit. The groundwater pumping takes place west of the Pyramid Lake Paiute Reservation. The Tribe’s concern with the project was that Fish Springs’ pumping could reduce the flow of groundwater to the Pyramid Lake Valley and Smoke Creek Desert portions of the Tribe’s Reservation, reducing the Tribe’s precious groundwater resource and potentially adversely affecting Pyramid Lake, which is a desert terminus lake located entirely within the boundaries of the Pyramid Lake Paiute Reservation and home to the threatened Lahontan cutthroat trout and the endangered cui-ui. The fish of Pyramid Lake were the primary food resource of the Tribe for millennia and the Tribe has close cultural ties to them. The Native name for the Pyramid Lake Paiute, Cui Ui Ticutta, means cui-ui eaters.

Fish Springs Ranch and the Tribe have resolved their dispute through settlement, which needs federal approval. The terms of the settlement are reflected in an agreement entered into by the parties on May 30, 2007 (Original Agreement), and a supplement to that agreement entered into by the parties on November 20, 2013 (Supplemental Agreement), discussed below. The settlement involved two parts, the first of which has been completed and required no federal legislation. The second part involves the Tribe’s waiver of full legal protection of its potentially affected water rights in the project area in favor of Fish Springs Ranch’s pumping for its water export project and requires federal authorization for the Tribe to grant such waivers. Without this legislation, the Tribe will lose its ability to receive the benefits of the second part of the settlement, including the right to $3.6 million and accumulated interest.

BACKGROUND:

In 2005 and 2006, the Bureau of Land Management issued a Final Environmental Impact Statement on rights-of-way across public lands for groundwater projects in the Honey Lake Valley of Nevada north of Reno, a Record of Decision for the Fish Springs groundwater project, and a water pipeline right-of-way across public lands for transport of groundwater from Honey Lake Valley to suburbs north of Reno. One of the project proposals considered in the EIS was Fish Springs’ water pumping and export project. The total amount of groundwater rights covered by the Fish Springs project is 14,108 acre feet per year (afy), of which 13,000 afy is authorized to be pumped by Nevada State Engineer rulings. Of the 13,000 afy, 8,000 afy was covered in the EIS and another 5,000 afy could be pumped and sold in the future. A visual portrayal of the geography of the project area in relation to the Pyramid Lake Paiute Reservation and Reno, Nevada, is attached to the end of this statement.

The Tribe’s concern with the groundwater pumping was the potential effects of pumping groundwater in Honey Lake Valley on the Tribe’s Reservation and water resources. The U.S. Geological Survey groundwater model used in BLM’s EIS predicted the maximum groundwater outflow from Honey Lake Valley to Pyramid Lake Valley, which is the location of much of the Pyramid Lake Paiute Reservation, via Astor Pass could be reduced by about 140 afy after 100 years, and eventually 150 afy at steady-state, or 10 percent of baseline conditions. The maximum groundwater outflow to Smoke Creek Desert, much of which is also part of the Tribe’s Reservation, via Sand Pass could be reduced by about 450 afy after 100 years, and eventually 570 afy at steady-state, or 11 percent of baseline conditions. A substantial quantity of Smoke Creek Desert groundwater flows toward Pyramid Lake Valley and the model projected a potential reduction in flow of this groundwater that could eventually reduce groundwater outflow to Pyramid Lake Valley by about 500 afy, for a total effect on Pyramid Lake Valley of about 650 afy. These reductions were predicted for the entire hydrologic basins rather than groundwater specifically underlying the portions of the Pyramid Lake Paiute Reservation within those basins, but the Pyramid Lake Paiute Reservation occupies a major part of both areas.

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The Tribe objected to the EIS, the Record of Decision, and the project, and asserted that the project would harm the resources of the Pyramid Lake Paiute Reservation, cause injuries to tribal water rights, and impair the Tribe’s existing and claimed tribal water rights. The Tribe filed suit in Federal District Court for the District of Nevada on grounds of a violation of the National Environmental Policy Act (NEPA) and breach of trust, securing a preliminary ruling that the EIS most likely violated NEPA and an injunction. Appeals were filed with the Ninth Circuit Court of Appeals and an appeal was also filed before the Interior Board of Land Appeals.

The parties intended to settle these issues through the Original Agreement entered into on May 30, 2007.

THE ORIGINAL AGREEMENT HAD TWO PARTS:

Part 1: The first part permitted Fish Springs project construction to proceed and the project to operate in return for $3,600,000, the transfer of over 6,200 acres of land to the Tribe, and certain other consideration including the right to payments to the Tribe for future transfers of water in excess of 8,000 afy already authorized up to an additional 5,000 afy. It was intended to settle all administrative appeals and end all litigation involving the Tribe’s objections to the project and Fish Springs water rights, the EIS, and BLM’s Record of Decision and impacts to the Tribe and its resources.

Part 2: The second part, in return for a second payment of $3,600,000 plus accumulated interest to the Tribe, intended to completely and fully settle all claims of the Tribe and, if any, of the United States on behalf of the Tribe for impacts or injuries to existing and claimed tribal water rights, injuries to tribal water rights in four hydrographic basins, and potential injuries resulting from the project to the Pyramid Lake Paiute Reservation. Part 2 of the Original Agreement was contingent on legislation to authorize the completion of its terms.

THE SETTLEMENT TODAY:

Part 1: Part 1 of the Original Agreement was not contingent on legislation and the parties have performed and are continuing to perform their obligations, including but not limited to the following:

1. Fish Springs paid the Tribe $3,600,000;

2. Fish Springs transferred and conveyed approximately 6,214.32 acres of land to the Tribe;

3. Fish Springs has implemented the water resources, monitoring, and management plan as approved by the Nevada State Engineer;

4. Fish Springs has delivered and continues to deliver certain resource reports to the Tribe and the United States showing the total amount of water pumped and transferred from Fish Springs Ranch to the North Valleys Planning Area through the project;

5. To the extent opportunities have arisen to date, the Tribe has cooperated in the future permitting for the project;

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6. The Tribe has participated in dissolving a preliminary injunction in the Federal District Court Action, dismissing the IBLA Appeal, and dismissing the Ninth Circuit Appeals, which paved the way for Fish Springs’ pipeline to be constructed; and

7. Fish Springs has been able to exercise its right under the Original Agreement to pump and transfer water through the project to end users.

Part 2: Completing Part 2 of the Original Agreement languished as the legislation required by the settlement and proposed toward the end of the session in 2008 was not enacted. The Tribe and Fish Springs still desired to complete the terms of Part 2 of the Original Agreement, however, and entered into the Supplemental Agreement this past November to accomplish this objective. The Supplemental Agreement simplifies the remaining actions required to accomplish Part 2 of the Original Agreement while remaining true to its original intent. Under Part 2 of the settlement, the Pyramid Lake Paiute Tribe agrees to not challenge Fish Springs existing state permitted water rights, to waive claims for damages or taking of Tribal water rights from use of Fish Springs’ state-permitted water rights, and to not impair, prevent, or interfere with implementation of the Fish Springs’ project. In return, Fish Springs agrees to compensate the Tribe for allowing the project to proceed through a monetary settlement. The Tribe considers the value of the settlement to be fair and the Pyramid Lake Paiute Tribal Council has approved the settlement after examining it closely.

The Supplemental Agreement modifies the manner in which the settlement is approved by the United States. The Original Agreement was negotiated by the Tribe and Fish Springs, but assumed that the United States, through the Executive Branch, as the Tribe’s trustee, would sign waivers of potential claims against Fish Springs along with the Tribe even though Departments of Justice and Interior representatives were not involved in the negotiations. This approach has been modified to have the same effect, but for Congress to 1) extinguish claims the United States could bring on behalf of the Tribe against Fish Springs to the extent that claims are waived by the Tribe, 2) eliminate the responsibility of the United States to assert such claims on behalf of the Tribe, and 3) terminate any potential liability of the United States resulting from the settlement terms. In these ways, the settlement is simpler and the proposed legislation does not require participation in the settlement by the Executive Branch.

The Supplemental Agreement also modifies the approach in the Tribe’s waivers to that generally recommended by the Department of the Interior, which is patterned on recent Indian water rights settlements such as those for Aamodt, White Mountain Apache, and the Crow Tribe. In doing so, it adds specific waivers of claims against the United States by the Tribe, which complement the waivers of claims against Fish Springs, and assures the United States that it will incur no liabilities as a result of the settlement.

The Supplemental Agreement also provides that if Legislation is not enacted by December 31, 2015, Part 2 of the Settlement will be terminated. In this case, the Tribe would no longer be entitled to payment from Fish Springs for Part 2 of the settlement.

THE PROPOSED LEGISLATION, S. 1818:

The proposed legislation authorizes and ratifies the Supplemental Agreement and thereby 4

permits the settlement between the Tribe and Fish Springs to be completed. Through the proposed legislation, the United States would extinguish any claims on behalf of the Tribe that are waived by the Tribe against Fish Springs and the United States would have no right or obligation on behalf of the Tribe to assert claims waived by the Tribe. The Tribe would also waive any claims it might have against the United States under the agreement and act including waiving any United States liability to the Tribe for the claims waived, subject to certain reservations. The proposed legislation would authorize the Tribe to grant the waivers against both Fish Springs and the United States, which it cannot do without authorization from Congress. These provisions would take effect after the Tribe signed its waivers and Fish Springs paid the Tribe $3,600,000 plus interest from January 8, 2009, until the date the payment is made. The Tribe will also dismiss pending litigation against the Bureau of Land Management for violations of NEPA and United States trust responsibilities related to the Fish Springs project and Fish Springs’ use of its groundwater rights.

BENEFITS OF THE SETTLEMENT TO THE UNITED STATES:

The settlement resolves a lawsuit against the Bureau of Land Management, eliminates the potential need for the Bureau of Land Management to prepare a new or supplemental EIS, fulfills a trust responsibility of the United States to the Tribe, eliminates a potential liability of the United States for breach of trust against the Tribe, resolves water rights between the Tribe and Fish Springs Ranch, and, potentially, between the United States, acting on behalf of the Tribe, and Fish Springs Ranch, at no cost to the United States.

No federal appropriation of funds is sought or needed under the settlement or the proposed legislation.

Both Fish Springs Ranch and the Tribe urge that Congress enact S. 1818 at its earliest opportunity this year so that we can complete the settlement and not be pushed up against the termination deadline next year. We thank you for this hearing and for your consideration of this settlement legislation.

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Reno

Truckee River

Photos: Apache elders protest Resolution Copper, defend sacred Oak Flat

Tribal Elders protest passing of H.R. 687 in Globe and Superior

Claims of cultural and NEPA violations made to Congresswoman Ann Kirkpatrick

Article and photos by Sandra Rambler

Censored News

Chi’Chil’Ba’Goteel, AZ – On the morning of Aug. 20, tribal elders from the San Carlos Apache Reservation prepared for a trip to the Gila Community College and the Superior High School to publicly oppose the passage of H.R. 687, the Southeast Arizona Land Exchange bill proposed by the “odd couple,” Congresswoman Ann Kirkpatrick (Democrat-Congressional District No. 1) and Paul Gosar (Republican-Congressional District No. 4).  
The odd couple planned to meet with the foreign-owned, Resolution Copper Company just days before the Aug. 27 election between Superior City Council, Soyla “Kiki” Peralta and Mila Lira.  Councilwoman Peralta and members of the Superior Town Council recently voted to oppose the land exchange during a special meeting.

The morning began with picking up the tribal elders from the Bylas community and a stop at the San Carlos Older Adult Center where tribal elders from the San Carlos community joined the protest.  

Immediately following lunch, the tribal elders made their way to the access road leading to the Gila Community College and stood in line with signs that read, “Ann, Creator is watching you,” and “Apache tears,” and “No land exchange, save Oak Flat,” and “Resolution = Pollution,” and “Organizing for Oak Flat,” and “I’m not for sale,” and “Who really runs CD 1?” and “History will not absolve you,” and “Ann, Indian Country is watching you,” and “Ann, who are you going to use next?” and “Water is precious, Water is life,” and “No solution for the environment,” and “Go Sar, Go Far to CD 4,” and others.

About thirty minutes later, several police units drove up to the tribal elders as they were lined up near the road waiting for Congresswoman Kirkpatrick who was expected to arrive around 1:30 p.m., according to her website.  
The police officers wanted to make sure the tribal elders were not on the college property and the tribal elders informed the police officers that, “in accordance with the U.S. Constitution and the San Carlos Apache Tribal Constitution and By-Laws, they had a right to peacefully assemble anywhere in the United States and freely express themselves.”

The police officers assured them that they wanted to make sure they were okay and left after an approximate three-minute dialogue and thanked the tribal elders for educating them about the proposed mine at Oak Flat.  
The officers were informed by the tribal elders of their concern about the depleting water in Arizona and the water on the San Carlos Apache Reservation was for use by tribal members and their future children and grandchildren and not there for a foreign company to take away from them.  
The mine was proposing to use 25 million gallons of water to operate it which will greatly devastate Arizona especially the San Carlos Apaches.

Since Congresswoman Kirkpatrick failed to show up at the Gila Community College while the tribal elders were there, they left about 2:30 p.m. and headed west towards the town of Miami.

About 3:10 p.m. the tribal elders arrived at Chi’Chil’Ba’Goteel (Oak Flat campgrounds) and immediately began scurrying about while hand-picking  ripened acorn nuts which had fallen to the ground.  

“As a ten-year old, I remember being here in this area picking up acorn with my family,” says tribal elder, Valeria Victor, in her native San Carlos Apache language.

“This place brings back many memories for me.  We grew up around this area and I distinctly recall a holy ceremony that was held right there,” pointed out the tribal elder.

After some time, the tribal elders came together and began a holy ritual known to many Apaches and all indigenous people.   
Tears came down the faces of the tribal elders as they prayed in their native San Carlos Apache language.

“Bless the leaders in Washington, D.C., so that their minds will know that they must do what is right, what is just and what is honest and that is not to have this bill passed to desecrate what is holy to us and where we have been picking acorn for decades and where some of the remains of our ancestors are buried,” were some of the words said.

“Protect what is rightfully ours, our water, so that these people will not take it away from us.  We need the water for our beloved children and grandchildren and all those who are yet to be born,” was also said.

“Continue to bless our tribal leaders at home and throughout the United States so that they will continue to fight for us,” was also mentioned.

After the prayers, the tribal elders left Chi’Chil’Ba’Goteel and arrived in Superior around 4:30 p.m. and made their way to Superior High School where many were present holding up their protest signs.  
There were groups such as the Oak Creek Coalition, Maricopa Audubon Society, elders from the Navajo Nation,  Retired Miners Association, Concerned Citizens of Superior, Earthworks, Arizona Rockclimbers Association, Peridot STEPP Coalition, Apaches for Cultural Preservation, Apache Mountain Spirit Runners and various other organizations that were also protesting the passage of the proposed H.R. 687.

The meeting between Congresswoman Kirkpatrick and Congressman Gosar was expected to begin at 6:00 p.m. Prior to that time, Congresswoman arrived and made her way to greet the tribal elders.  Some of them refused to shake her hand and nodded their heads.

“You really lied to us,” said tribal elder, Shirley Newman.

“Here, I voted for you because I believed that you would help us. Now, you just turned your head the other way and refuse to listen to us and when are you going to hear us?”

“This is just not right, it’s wrong what you are doing by supporting Resolution Copper to build the mine,” concluded Mrs. Newman.

“You really did lie to us and you know that the Creator is watching you. You are breaking a cultural violation,” said tribal elder, Verna Bond, who was holding a sign that read, “Ann, Creator is watching you!”

Tribal elder and spiritual leader, Audrey Johnson, firmly told Congresswoman Kirkpatrick, “I did vote for you. Now, you listen. We prayed at Oak Flat when we stopped there to say our traditional prayers. Your mind is so scattered right now, you don’t even know what you are doing. You are confused. You need to do the right thing and just walk away from Resolution Copper Company while you still have a chance. They are using you and here you are a Democrat, and we voted for you because we are Democrats, too.”

Some tribal elders pointed out to the Congresswoman that there were no cultural or NEPA studies made which is required by law and these lawmakers were violating the laws made to protect the U.S. citizens.  Another significant point made to her was also the fact that this foreign company provided military aid to Iran and Iraq and that the San Carlos Apaches did not fight and join the military for nothing.  They fought to protect their natural resources especially for the rights of their people.

Reference was also made to the “robots” that would be working in the mine that was going to be as deep as the Empire State Building in New York or Shgla’sha (Mount Turnbull) in Bylas, Arizona.  That so-called jobs were promised but yet the company is not revealing that the “robots” would actually be working in those extremely high-temperature areas due to safety factors.

Congresswoman Kirkpatrick was reminded that she represented seven tribes within the Congressional District No. 1 which included the San Carlos Apache Reservation and that she should work in the best interest of her constitutes.  She was told, “Mining causes cancer and cancer has killed many of our people.”

Several media crews were present including a reporter from the Arizona Republic and television stations.  

While the tribal elders were making it clear to Congresswoman Kirkpatrick that they did not want her to be part of the proposed land exchange, Congressman Gosar quietly walked by into the entrance of Superior High School.

After Congresswoman Kirkpatrick left to join those present inside the gymnasium at Superior High School, a television crew immediately began interviewing Wendsler Nosie, Sr., former Tribal Chairman and presently the Peridot District Councilman for the San Carlos Apache Tribe.

“We keep telling them that we don’t want the land exchange and the cultural and NEPA studies were never done,” pointed out Councilman Nosie.

“We have our holy ceremonies there at Oak Flat, which is a place of great cultural and historical significance, but they will not listen.”

“Time and time again, we have been telling them, no land exchange.  We have tribal members here and others that are opposed to it and we want them to take all this back to Washington, D.C. and let them know of our opposition.  The Superior Town Council opposed it, too,” concluded Councilman Nosie.

Tribal elder, Helen Phillips, made her way to stand behind Councilman Nosie while holding a sign which read, “I’m not for sale!”

Tribal elders present included Helen Phillips, Valeria Victor, Leon Early, Gladys Hinton, Belmont Jordan, Adam Rope, Audrey Johnson, Wheeler Grimes, Sr., Arthur Longstreet, Shirley Newman, Verna Bond, Lillian Irving, Carlos Nosie, Sr., and others.

“It’s all about money.  What people will do for money is just plain stupid.  They don’t think,” said tribal elder, Gladys Hinton.

“As Apaches, we hold true to our tradition and our beliefs and we are taught not to trust anyone that will take away our land and sell our water.  That makes me so sad.  That’s why I came today to continue to stand up for what I believe and that is to protect the ways of our Apache people and help save our water. That’s ours. It doesn’t belong to nobody else.”

The tribal elders left about 8:00 p.m. from Superior and during the trip home, discussions were held in their native San Carlos Apache language about Congresswoman Kirkpatrick and Congressman Gosar. They remembered how when Arizona Senator, John McCain and Alaska Governor, Sarah Palin, worked as a Republican team to try to win the U.S. Presidency but failed. These tribal elders speculated that the same will occur with the Democratic Congresswoman Kirkpatrick and the Republican Congressman Gosar.  They said, “You can’t mix salt and sugar together.” They were referring to the intent by the “odd couple” to refurbish what has now failed several times in Washington, D.C., the passing of the Southeast Arizona Land Exchange bill to become law. They even talked about how much money this foreign company must have spent during those years trying to lobby in Washington, D.C. and their unsuccessful attempts on the San Carlos Apache Reservation.

As the tribal elders entered their homeland, they pointed out the full moon and smiled as they said, “Creator heard our words.  A’hii’yii’e! (thank you).”

 

Photos by Sandra Ramber

On Aug. 21, San Carlos Apache Tribal elders joined with various citizens of Superior, Navajo Nation elders, and several organizations and conservation coalitions that oppose HR 687. The bill is the Southeast Arizona Land Exchange bill proposed by Arizona Congressional Delegates, Ann Kirkpatrick (D-CD 1) and Paul Gosar (R-CD 4).  The tribal elders posted signs and verbally confronted Congresswoman Kirkpatrick for disregard for cultural and NEPA violations and expressed concern for the depleting water in Arizona and demanded that the groundwater from the San Carlos Apache Indian Reservation is not tampered with through the Resolution Copper Mine proposed near Chi'Chil'Ba'Goteel at the Oak Flat campgrounds. It is protected by administrative orders by the President Eisenhower and reaffirmed by President Richard B. Nixon.

On Aug. 21, tribal elders gathered acorn at Chi'Chil'Ba'Goteel (Oak Flat) after a prayer ceremony asking the Creator to bless the tribal leaders, all indigenous people and to stop the passage of HR 687, Southeast Arizona Land Exchange bill proposed by AZ Congressional delegates, Ann Kirkpatrick and Paul Gosar.

Roberto Rodriguez: Why Bush Will Walk

AMERICAN EXCEPTIONALISM: JUSTICE WE CAN BELIEVE IN OR WHY BUSH WILL WALK

BY ROBERTO DR CINTLI RODRIGUEZ
Column of the Americas, Dec. 16, 2008

The President ducked two shoes in Iraq recently, just as he will inexplicably also be able to walk away from his office, without the worry of ever having to duck Nancy Pelosi's heels -- without ever having to face impeachment by a complicit Congress. Read column:
http://censored-news.blogspot.com/2008/12/roberto-rodriguez-why-bush-will-walk.html