The Fuzziness of the Army Corps.

Major General Donald Jackson.

Major General Donald Jackson. Mary Annette Pember.

As with most issues between Indian country and the federal government, the important bits are steeped in legalese and long numerical references to laws and regulations. The very stuff of life and its protection, however, is referenced and hidden within these dryly-worded documents.

A set of regulations created by the U.S. Army Corps of Engineers (USACE) called Appendix C is one such example, and it may determine the future of the Dakota Access Pipeline project as well as other projects for which the Army Corps is responsible for issuing federal permits.

It turns out that tribes have been complaining about the legality of Appendix C for a very long time, and with good reason. Appendix C spells out how the Corps will meet its obligation to fulfill Section 106 of the National Historic Preservation Act (NHPA), created to protect places of historic, architectural and/or cultural significance.

Part of the NPHA’s Section 106 requires that agencies carry out the process in consultation with Tribal Historic Preservation Officers (THPO) and identify and assess impacts to properties of traditional religious and cultural significance to tribes. Although all federal agencies are allowed to create their own means by which they fulfill the requirements of Section 106, the Army Corps chose to streamline the process by creating its own regulations that tribes and other federal agencies argue not only fail to meet the requirement of the NHPA’s Section 106, but are also in direct conflict with the law.

The Advisory Council on Historic Preservation (ACHP) is an independent federal agency charged by Congress with overseeing implementation of the NHPA. The Corps contradicts several of ACHP’s regulations through use of its own process spelled out under Appendix C.

The differences between Section 106 regulations and Appendix C are substantial. Chief among these differences includes the Corps’ decision in the Standing Rock case to review each river crossing of the Dakota Access pipeline as a separate project rather than consider the entire pipeline as one project.

“This allows the Corps to dismiss the potential for effects to historic properties that may be located within the broader project area of an undertaking,” according to an August 2, 2016 letter from the ACHP to the Corps.

The full story is at ICTMN.

Coming Full Circle: Tending The Wild.

Courtesy KCET.

Courtesy KCET.

Indigenous Peoples are increasingly being seen as having the keys to save our habitat from human-induced destruction.

A new series on KCET explores several aspects of Traditional Knowledge and the ways in which the most effective methods of caretaking this land we call Turtle Island originated with those who originally inhabited these lands. Tending the Wild began airing on Monday October 3 with “Fire” and had its second episode, “Salmon,” on October 17.

The series centers on tribes based in what is today California. Episode 1, subtitled “Cultural Burning,” explores “how Native California communities use fire as a natural resource to promote a healthy ecosystem and how plants and animals have evolved to need fire disturbances to survive,” according to a KCET statement. “Additionally, this episode will explore how fire is used in various cultures; and the negative effects of fire suppression, a western concept initially promoted by National Parks and Forest Services.”

Indeed, the theme of not only restoring but also

The second episode, subtitled “Keeping the River,” became available online on October 18 at KCET.org and LinkTV.org. This segment looks at dam removals, fishing restrictions and the controlling of runoff from agriculture and industry into the waters. Key members of the Yurok, Karuk and Hupa tribes appear in this one, KCET said.

Basketry takes up the third episode, set to air on October 31, in a story about using “Plants as Materials” and what that entails by viewing the process of basket weaving from the cultivation of the proper plants, to the end product.

Viewers will learn about the “decolonized diet” in Episode 4, “Plants as Medicine” in Episode 5, and how to love the desert in Episode 6. The series continues through mid-December.

Oh, I want to watch everything right now, but work calls. The importance of traditional ecological knowledge can’t be emphasised enough. Via ICTMNTending the Wild at KCET.

From the Dakotas to the Desert.

A youthful supporter of the campaign to stop the Dakota Access Pipeline. cool revolution via Flickr.

A youthful supporter of the campaign to stop the Dakota Access Pipeline. cool revolution via Flickr.

Chris Clarke has an excellent article at ICTMN, covering the broad scope of how Indigenous people pay when energy enters the picture. To be truly mindful, you need to understand the big picture, and you also need to be able to see and understand when cleaner and greener energy is as much of a problem as the dirty type.

Commentary: An energy company plans a project that would destroy land Native people hold as sacred. Despite Native protests, neither state nor federal agencies intervene to protect those cultural sites. The project proceeds. The land is forever altered. Hundreds of Native people and their supporters converge on the site to protest and to grieve their loss.

Given recent news, not to mention the choice of photo at the top of this story, you could be forgiven for assuming I’m describing current events at the Standing Rock reservation in North Dakota. That’s where the company Energy Transfer Partners is trying to push the new Dakota Access Pipeline through burial grounds and medicine wheels sacred to the Standing Rock Sioux Tribe. The project has already destroyed important sacred sites, and threatens to pollute the Missouri River and local groundwater if it’s built and the inevitable spills ensue.

But I’m actually describing a gathering four years ago in the southernmost parts of the California desert. There, near the little desert town of Ocotillo, hundreds of Native people from across the southwestern United States gathered on June 24, 2014. They were there to mark the destruction of ancient cremation sites, ceremonial locations and other important cultural resources by Pattern Energy, which built the Ocotillo Express wind power facility in Imperial County.

Click on over to ICTMN to read the full story.

Solidarity: 19 Cities Say No DAPL.

 Nineteen cities stand in solidarity with Standing Rock Sioux in opposing the Dakota Access oil pipeline.

Nineteen cities stand in solidarity with Standing Rock Sioux in opposing the Dakota Access oil pipeline.

Although more than 300 tribes have rallied in support of the Standing Rock Sioux’s stance against the routing of the Dakota Access oil pipeline under the Missouri River near their reservation, the support has not all been Native.

Nineteen U.S. city governments have passed resolutions or written letters opposing construction of the Dakota Access pipeline, the Standing Rock Sioux Tribe said in a statement on October 13.

From Seattle to Saint Paul and Minneapolis, to Cleveland, to Portland, Oregon, and all over Turtle Island, the resolutions have been streaming in for weeks. In California the cities of Berkeley, Santa Barbara and Oakland have sent in resolutions. So have Asheville, North Carolina; Sitka, Alaska, and Urbana, Illinois, the latter one of the four states that the pipeline will pass through.

The myriad resolutions being passed by city and municipal councils around the United States express solidarity with the Standing Rock Sioux and Indigenous Peoples in general. They reference everything from treaty rights and broken promises, to the common need for drinking water and the burgeoning of distrust in oil companies’ ability to ensure the safety of their pipelines.

This is good news, and I’m thankful to have such allies. Full story at ICTMN.

Pine Nuts.

Johnny Bob, a spiritual leader from Yomba Shoshone Tribe, gathering pine cones in a mountain valley in central Nevada. (Photo by Joseph Zummo).

Johnny Bob, a spiritual leader from Yomba Shoshone Tribe, gathering pine cones in a mountain valley in central Nevada. (Photo by Joseph Zummo).

There’s a very good article at ICTMN about the Western Shoshone tribes and a staple of their diet, pine nuts. A staple, which is considered sacred, and is healthy, it also treated with utter disregard by non-natives, who have been using any excuse to destroy the trees.

“Everything depends on the water and the trees,” said spiritual leader Johnny Bob, from the Yomba Shoshone Tribe, as he prayed for the start of a Western Shoshone pine-nut gathering. In September, members of several bands came together in a steep-walled mountain valley in central Nevada to collect the protein- and nutrient-rich nuts that were once the mainstay of their diet.

Some people took hold of long sticks and began to knock the sticky green cones off the tops of the pinyon trees. Others gathered fallen branches to chop up for the fire in which they would later roast the cones to release the sweet, creamy nuts. These can be eaten out of hand, added to soups and stews or parched and ground for gravy or mush.

“As we collect, we are pruning the trees to ensure there are even more cones next year. We are also cleaning the forest,” explained Joseph Holley, former chairman and now council member of the Battle Mountain Band of Te-Moak Western Shoshone.

[…]

This critical food source, along with game living in the forest, began to disappear during the late 19th century, as newly arrived settlers chopped down trees for fuel over many square miles around towns and mining operations. Starting in the 20th century, these losses were amplified by the Bureau of Land Management and U.S. Forest Service, which together have uprooted more than 3 million acres of pinyon-plus-juniper woodlands.

To destroy the forests, the federal agencies use tractors to drag gargantuan chains through them, ripping up everything in their path. The ruined landscapes look like the aftermath of a nuclear holocaust. Sometimes, the agencies eliminate woodlands in order to increase rangeland for grazing, an activity that further damages the fragile arid lands where pinyons flourish. Scientists estimate that soil in an erosion-prone “chained” landscape may take 10,000 years to recover.

The full story is at ICTMN.

Standing Rock: Winter Wish List.

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Oct 14, 2016 — Winter is approaching fast here in North Dakota – and we’re not going anywhere. Dakota Access may think that they can simply wait us out, but we are here for the long haul.

That being said, we need supplies and support to survive here at camp. Dakota winters are no joke! We have created an Amazon wishlist with all sorts of gear for sleeping, staying warm, lighting our camp, and organizing our group. We’re hoping for tents, lanterns, phones for communicating between groups, and more. Take a look and see if there’s anything you can purchase and send to help us out: http://amzn.to/2dLiG1G

Thank you as always for your generosity!

Anna, Bobbi, and the Oceti Sakowin Youth.

Via Change.org. I will add my thank you thank you thank you to anyone who can help out. As usual, I’ll say that you don’t need money to help – spreading the word and signal boosting is incredibly important, so if you’re a social media person, please, pass this on, with all my gratitude.

The Arctic Death Spiral.

The sharp decline in Arctic sea ice area in recent decades has been matched by a harder-to-see, but equally sharp, drop in sea ice thickness. The combined result has been a warming-driven collapse in total sea ice volume — to about one quarter of its 1980 level.

I first asked creative tech guru and programming analyst Andy Lee Robinson to make this ice cube volume chart (updated below) after the record-setting sea ice melt in 2012. The European Space Agency’s CryoSat-2 probe had just confirmed modeling by the University of Washington’s Polar Science Center that it wasn’t just ice area that had shrunk to a record low.

Robinson wanted to improve the visualization of volume collapse through 3D animation, which requires serious programming chops and computing power (more details here). Here is his most recent version of the video—with piano music composed and played by Robinson himself.

The full story is at Think Progress. I don’t have the heart to comment, we humans, so destructive, so uncaring.

The Senators Standing with Standing Rock.

Bernie Sanders (Good Morning America).

Bernie Sanders (Good Morning America).

Former Democratic presidential candidate Bernie Sanders and four other senators on Thursday called on President Barack Obama to order a comprehensive environmental review of a pipeline project that has stirred widespread opposition from Native Americans and environmental activists.

After a U.S. appeals court on Sunday night denied a request to halt construction of the Dakota Access Pipeline, the senators asked Obama to direct the Army Corps of Engineers to complete a full environmental impact statement for a contested part of the route that includes stronger tribal consultation.

“The project’s current permits should be suspended and all construction stopped until a complete environmental and cultural review has been completed for the entire project,” said the letter by Sanders and Democratic Senators Dianne Feinstein, Ed Markey, Patrick Leahy and Benjamin Cardin.

In recent weeks, protests against the Dakota Access pipeline led by the Standing Rock Sioux tribe in North Dakota drew international attention, prompting the U.S. government to temporarily block its construction on federal land.

[…]

On Tuesday, anti-pipeline activists in four states closed pipeline valves to halt the flow of crude through arteries transporting 15 percent of U.S. oil consumption..

When fully connected, the 1,100-mile (1,770 km) pipeline would be the first to carry crude directly to the U.S. Gulf from the Bakken shale, a vast oil formation in North Dakota, Montana and parts of Canada.

The $3.7 billion project is being built by the Dakota Access subsidiary of Dallas-based Energy Transfer Partners LP, which has vowed to complete construction.

“There must be a serious consideration of the full potential climate impacts of this pipeline prior to the Army Corps of Engineers approving any permits or easements for the Dakota Access pipeline,” the senators said.

Experts say that the full environmental review requested by the senators could take several months.

The U.S. appeal court’s ruling was the second time the federal judiciary rejected the Standing Rock Sioux tribe’s request to halt construction of the pipeline. On Sept. 9, a U.S. judge rejected a similar request.

Oh, so scrutiny would take a couple of months, golly, the agony for those poor, poor billionaires. Cry me a river, oil wašichu, cry me a river of clean, untainted water. Once again, we see just how much, and how easily Indigenous concerns are brushed aside, and treaties broken, again. And again. And again. My thanks to Senators Sanders, Feinstein, Markey, Leahy, and Cardin. Please, please keep the pressure on. I think everyone should remind the President of his visit to Standing Rock two years ago. How can it possibly be, in any way, to turn away from people who keep asking for justice? How long for people to wake the fuck up to all the lies, all the crimes committed by DA and Energy Transfer Partners? Remember when they swore up and down that the oil running through this travesty of a pipeline was “sweet and light”? The only people pointing out that that was a lie were Indigenous people who live in the Dakotas. I posted about that, and heard arguments and “oh no, you’re wrong.” No, we aren’t wrong. Oil lies, and it would be great if people would wake up to that fact, and stay woke. This is a disaster waiting to happen, to all of us.

Via Raw Story.

Shailene Woodley Released.

Courtesy Morton County Sheriff's Office Shailene Woodley, charged with criminal trespass during peaceful civil action against the Dakota Access oil.

Courtesy Morton County Sheriff’s Office
Shailene Woodley, charged with criminal trespass during peaceful civil action against the Dakota Access oil.

Celebrity support flooded in for the actress after her arrest on Monday October 10 with other water protectors at a Dakota Access oil pipeline (DAPL) construction site. She paid a $500 fine and prepared for an October 24 court date, according to USA Today.

“Shailene Woodley has been released from the Morton County Jail in North Dakota,” her spokesperson told Us Weekly in a statement on Tuesday. “She appreciates the outpouring of support, not only for her, but more importantly, for the continued fight against the construction of the Dakota Access Pipeline.”

The star of Snowden, Divergent and The Descendants, among other films, was among 28 unarmed people arrested by riot police for peacefully demonstrating at the site where Energy Transfer Partners is working on the 1,172-mile-long, $3.8 billion pipeline set to wend its way through North Dakota, South Dakota, Iowa and Illinois, carrying as many as 550,000 barrels of crude daily from the Bakken oil fields. She livestreamed the arrest on Facebook.

Actor Mark Ruffalo also spoke out in support of Woodley, as did Maggie Q, her costar in the Divergent series.

“I stand with @shailenewoodley for standing with the Standing Rock Water Protectors. #NoDAPL,” tweeted Ruffalo, who is outspoken against climate change and walked with Indigenous Peoples alongside Leonardo DiCaprio in the 2014 People’s Climate March in New York City.

“You can arrest someone but you CANNOT silence them,” wrote Maggie Q on Twitter.

Mainstream media picked up on the arrest and mentioned the pipeline controversy. But MSNBC commentator Lawrence O’Donnell took it a step further by noting the irony of date of the arrests, including Woodley’s, on criminal trespassing charges. It was for many (though not for all) a celebration of Christopher Columbus, who he dubbed “the greatest trespasser in human history.”

Via ICTMN.

The Fight for Tosawihi.

Photo by Joseph Zummo Tosawihi Complex, a contemporary Native cultural landscape with roots in the deep past.

Photo by Joseph Zummo
Tosawihi Complex, a contemporary Native cultural landscape with roots in the deep past.

As I have mentioned so many times before, Indigenous people all over the world face the constant destruction, or threat of destruction to their homelands, and to sacred places. This is a difficult issue to get across to most Americans, who have no sense which is at all similar to that of Natives, and perspectives are so very different. (For a bit on that, read the excerpt from one of John Trudell’s essays, in the comments here.) Anyroad, there is an in-depth article and photo essay about the fight the Western Shoshone are facing over the spiritual heart of their traditional homeland. As is often seen in such cases, the destruction is well beyond what was necessary, such in the swathes cut for telephone poles, which was much wider and destructive than was close to needed. This contempt is almost always seen in such cases. Non-natives rarely have any care for what natives view as sacred, because all they see is land they can ravage or make money from. They don’t see or understand the sacred, and they know nothing, and seldom care about the history which is there. You all know we have seen that here already in Ndakota, with the contempt from DA and Energy Transfer, then being locked out of the survey of our own sacred sites. All this and more is happening in Nevada right now. Just a very small excerpt here, please go and read the whole article.

[…] The place is ancient, but the fight to protect it is contemporary. Decades of mining have left scars. Like 83 percent of Nevada, Tosawihi sits on federal land administered by the Bureau of Land Management (BLM), an Interior Department agency. The BLM, which issues mining permits, calls Western Shoshone accusations of mining-related destruction the product of a “different worldview.” Tribal members say that if the BLM followed federal law, including historic-preservation and environmental regulations, damage could be avoided.

In June, a three-judge panel of the Ninth Circuit Court of Appeals refused to stay construction for a mining-related power line in Tosawihi until a way could be found to save the ancestral healer’s trail, which had been determined eligible for the National Register of Historic Places. The Band appealed the ruling. Despite the issue still being before the courts, employees of Carlin Resources, part of an international consortium that owned an open-pit gold mine in Tosawihi, fired up their yellow bulldozer. They plowed a rough, nearly 12-mile-long road, along with 50-foot-wide gashes for the bases of the utility poles. They gouged a trench into the side of a nearby hill used for vision quests.

They obliterated much of the healer’s trail, along with the natural pharmacy he cultivated alongside it. Tanya Reynolds, an official of the South Fork Band of the Te-Moak Western Shoshone, called the destruction “beyond words, beyond what is possible to fix.”

“They’re after money and will literally move mountains to get it,” said Murray Sope, from the Shoshone-Paiute Tribe. “But these places are also very valuable to us for teaching our children.”

Demolition of irreplaceable ancient artifacts usually merits outrage, or at least notice. The Islamic State, or ISIS, was widely condemned when it released footage of a yellow bulldozer demolishing the Gates of Ninevah, in the remains of an ancient city in Iraq. Major media outlets reported shock worldwide when ISIS smashed museum exhibits and when the Taliban blew up the Buddhas of Bamiyan, in Afghanistan.

In contrast, portions of Tosawihi have simply vanished in a national, and international, blind spot. “We don’t understand their need to destroy,” said Joe Holley, former chairman and now councilman of the Battle Mountain Band of the Te-Moak Western Shoshone. “We are realistic. We know we can’t stop them entirely, but we want them to partner with us. They need to listen when we flag endangered cultural resources. They need to follow their own laws.”

Federal authorities have permitted destruction of Native sites nationwide. In September, more than 1,200 museum directors and scholars condemned the builders of the Dakota Access Pipeline (DAPL) for destroying Sioux burial grounds in North Dakota with apparent U.S. Army Corps of Engineers authorization. The Obama administration asked the builders, Energy Transfer Partners, to halt work until it could scrutinize tribal-consultation policies, including how they had been applied in the DAPL process.

That did not necessarily signal a policy change, though. A few weeks later, under a permit issued on behalf of President Obama by the Federal Energy Regulatory Commission, the same company bulldozed ancient Native sites in Texas, turning them into a sea of mud.

In Tosawihi, the BLM-authorized power line stoked fears of more aggressive mining to come, said Reggie Sope, the healer from Shoshone-Paiute Tribe who ran the sweat lodge ceremony.

“Work began yesterday,” confirmed John Seaberg, senior vice president of the gold mine’s new owner, Klondex, which bought the operation on October 4. Depending on the results of exploratory testing, the company may install another ramp (inclined mining tunnel), Seaberg said. He called tribes “key stakeholders” in the process but refused to comment on ongoing lawsuits. They include Carlin’s suit against the Battle Mountain Band, which the Band has asked the courts to dismiss.

The full 3 page article is at ICTMN.

Breaking: Truck Smashes Into Reno Water Protectors.

KOLO TV After a confrontation with some of the 40 demonstrators rallying in downtown Reno to protest against Columbus Day and the Dakota Access oil pipeline, the driver of a white pickup truck plowed into the crowd, injuring five and sending one to the hospital.

KOLO TV
After a confrontation with some of the 40 demonstrators rallying in downtown Reno to protest against Columbus Day and the Dakota Access oil pipeline, the driver of a white pickup truck plowed into the crowd, injuring five and sending one to the hospital.

A pickup truck plowed into a crowd of mostly Native demonstrators in Reno, Nevada on Monday October 10, injuring five and sending one to the hospital. Participants in the demonstration, organized by the American Indian Movement of Northern Nevada (AIMNN), were gathered under the city’s Reno Arch downtown to draw attention to the real meaning of Columbus Day. They were also there to educate passersby about the conflict surrounding the Dakota Access oil pipeline being routed near the Standing Rock Sioux Reservation.

Suddenly, witnesses said, a white Nissan pickup truck drove by, its occupants hurling slurs. Then it circled back, and stopped. Some of the demonstrators walked up to the vehicle and had words with the occupants. Suddenly the engines revved, and the truck plowed into the group, sending people flying.

Cameras were already rolling to document the demonstration, and they streamed the entire horrifying incident on Facebook. Police said in a statement that the incident occurred at 6:41 p.m., according to the Reno Gazette-Journal.

One witness recounted how two men “drove into marchers after first being seen at the rally start point, driving by once shouting slurs, and then doubling back around to get in front of the protesters before driving into them,” wrote Diana Heideman, owner of Wallflower Botanicals, in a Facebook post. “One elder, a grandmother there with her grandchildren, was hospitalized with injuries to her legs, a broken tailbone, and further tests pending. She is stable and in good spirits. She was planning to depart for #StandingRock tomorrow.”

Several protesters were posing for a photo under the arch when the pickup pulled up for the second time, the Reno Gazette-Journal reported. Police told KOLO TV that the driver called in from a few blocks away to give his own side of the story, and that police had interviewed him and are cooperating with authorities. That was not enough for one of the rally’s organizers, though.

“This is a hate crime,” Quanah Brightman, executive director of United Native Americans Inc. told the Reno Gazette-Journal, adding that the driver had been “stalking” the group of demonstrators. “It’s still brutal to see this kind of racism in America. That man deserves life [in prison] for what he did.”

Via ICTMN.

BREAKING: Tar Sands Pipeline Shut Down.

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To avert climate catastrophe, activists shut down 5 pipelines bringing Tar Sands Oil into the U.S, in Solidarity with Standing Rock.

This morning, by 7:30AM Pacific time, 5 activists have successfully shut down 5 pipelines across the United States delivering tar sands oil from Alberta, Canada in support of the call for International Days of Prayer and Action for Standing Rock. Activists employed manual safety valves, calling on President Obama to use emergency powers to keep the pipelines closed and mobilize for the extraordinary shift away from fossil fuels now required to avert catastrophe.

[…]

WHERE. Enbridge line 4 and 67, Leonard, MN; TransCanada’s Keystone pipeline, Walhalla, ND; Spectra Energy’s Express pipeline, Coal Banks Landing, MT; Kinder-Morgan’s Trans-Mountain pipeline, Anacortes, WA.

WHO. Climate Direct Action is Emily Johnson, 50 and Michael Foster, 52, of Seattle, WA, Annette Klapstein, 64, of Bainbridge Island, WA, Ken Ward, 59, of Corbett, OR, and Leonard Higgins, 64, of Eugene, Oregon, with the support of Climate Disobedience Action Fund.

Livestream, videos and photos available on our Facebook Page.
https://www.facebook.com/climatedirectaction/

Website
http://www.shutitdown.today

Via Last Real Indians.