Reno Truck Assault: Driver Charged.

 Courtesy Louis Magriel/Reno Gazette-Journal.

Courtesy Louis Magriel/Reno Gazette-Journal.

The 18-year-old man who drove through a crowd of 40 protestors was charged Friday with provoking assault and released on a $1,000 bond, police said.

Five people were injured when Nick Mahaffey rammed his white Nissan pickup truck into a group of Columbus Day protestors in Reno, Nevada, last week.

Police also charged two protesters involved in the incident. James Fletcher and Samuel Harry were both charged with simple battery, CBS News reported.

ICTMN has the full story.

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.

Standing Rock: Winter Wish List.

s9

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 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.

Moron Bingo!

Photo courtesy starpulse.com

Photo courtesy starpulse.com

Everyone read Simon Moya-Smith’s 6 Banal Defenses of Columbus Day, And How You Should Respond to the Moron, right? Reading ICTMN today, specifically, an article about the fight for Indigenous Peoples Day at ground zero, Colorado. In that article is one Rita DeFrange, moron, and if this was an actual bingo game, I would have cleaned up. She managed to hit every single moron point. I think Ms. DeFrange needs about 100 copies of Simon Moya-Smith’s article, and must sit down and read it 100 times. Perhaps the points would sink in.

Rita DeFrange, president of the Columbus Day Parade Committee and a member of the Denver chapter of the Order Sons of Italy, said it’s “not fair” that city officials are taking away from one group to give to another.

“It’s a struggle for folks. The community itself is very disappointed. They don’t understand why they are being picked on,” DeFrange told ICTMN.

DeFrange said herself and her community just want to celebrate their history and heritage.

Although Indigenous Peoples’ Day supporters like McLean and Salazar say Columbus shouldn’t be celebrated because of the atrocities he brought to the Native American people, DeFrange however, believes Columbus shouldn’t be judged by today’s standards.

“Unfortunately, we’re evaluating a man by 2016 standards, when the events happened 500 years ago,” DeFrange said. “The community really needs to take a hard look at how we look at our history books.”

Members of the Columbus Day Parade Committee and Order Sons of Italy met with Salazar earlier this year to discuss resolutions that could make both parties happy.

No resolutions were met, DeFrange said.

She said she’s more than happy to celebrate the heritage of the Native American people, but just on a different day.

“It’s one day. It’s a group of individuals who value their Italian heritage,” DeFrange said. “We all value the cultures … that’s what’s so great about America. You know, let’s not take one over the other and that’s the perception that people have.”

Full story at ICTMN.

Breaking: Court Denies Standing Rock Injunction.

Courtesy Red Warrior Camp/Facebook A three-judge panel has denied the Standing Rock Sioux Tribe's request for an injunction that would stop work on the oil pipeline that is slated to go through treaty-protected, sacred burial sites.

Courtesy Red Warrior Camp/Facebook
A three-judge panel has denied the Standing Rock Sioux Tribe’s request for an injunction that would stop work on the oil pipeline that is slated to go through treaty-protected, sacred burial sites.

Standing Rock Sioux Chairman David Archambault II vowed to continue fighting the Dakota Access oil pipeline (DAPL) after a three-judge panel on Sunday October 9 denied the tribe’s request for an injunction that would have stopped the pipeline’s progress through treaty-protected, sacred burial grounds.

“The Standing Rock Sioux Tribe is not backing down from this fight,” said Archambault in a statement after the decision came down at 4 p.m. “We are guided by prayer, and we will continue to fight for our people. We will not rest until our lands, people, waters and sacred places are permanently protected from this destructive pipeline.”

In a two-page ruling, U.S. District Court judges Janice Rogers Brown, Thomas B. Griffith and Cornelia T.L. Pillard acknowledged the “narrow and stringent standard” that formed their legal parameters and noted that key permits allowing the pipeline to cross under the Missouri River are still pending. It also gave a nod to Section 106 of the National Historic Preservation Act, noting it “was intended to mediate precisely the disparate perspectives involved in a case such as this one.”

The ruling came down as Native leaders gathered in Phoenix for the 73rd Annual Convention & Marketplace of the National Congress of American Indians (NCAI), as members participated in a Department of Interior water consultation with tribes at the Phoenix Convention Center. There was an audible gasp of disappointment from the 150 or more attendees at the consultation as NCAI President Brian Cladoosby announced that the court had denied Standing Rock’s appeal of an initial denial on September 9.

While disappointed, Cladoosby expressed some hope for closer study of the consultation process in general.

“But they left I think a window open for our trustee the federal government to really examine the 106 process and make sure that their consultation process is adequate for projects like this one that affects tribes at this level,” he told ICTMN.

The consultation had followed a day-long National Water Summit hosted by the Intertribal Council of Arizona and the Native American Rights Fund. Presenters from federal, tribal and state organizations and agencies had shared information about current Indian water rights settlements, implementation processes, economic development and protecting tribal water quality from climate change and the impact of drought. The decision to engage tribes in consultations regarding federal processes surrounding negotiation and reviewing Indian water rights settlements and potential improvements to the process had been motivated partially by the controversy in Standing Rock, Interior Deputy Secretary Mike Connor told Indian Country Today Media Network.

Thousands of water protectors have gathered in camps near the Standing Rock reservation in support of keeping the DAPL away from Lake Oahe, the tribe’s source of drinking water.

“This ruling puts 17 million people who rely on the Missouri River at serious risk,” said Archambault in the statement. “And, already, the Dakota Access Pipeline has led to the desecration of our sacred sites when the company bulldozed over the burials of our Lakota and Dakota ancestors. This is not the end of this fight. We will continue to explore all lawful options to protect our people, our water, our land, and our sacred places.”

The U.S. Department of Justice and other agencies reiterated their request for a work stoppage within a 20-mile buffer zone around Lake Oahe, but with the denial of the injunction, compliance on the part of Energy Transfer Partners is once again voluntary, the Bismarck Tribune reported after the decision.

“The federal government recognizes what is at stake and has asked DAPL to halt construction,” said Archambault in the tribe’s statement. “We hope that they will comply with that request.”

“We call on Dakota Access to heed the government’s request to stand down around Lake Oahe,” added Jan Hasselman, lead attorney from Earthjustice, which is representing the tribe. “Continuing construction before the decision is made would be a tragedy given what we know about the importance of this area.”

The justices noted that other permits are still pending, and that the pipeline can’t proceed until those issues are resolved.

“But ours is not the final word,” they wrote. “A necessary easement still awaits government approval—a decision Corps’ counsel predicts is likely weeks away; meanwhile, Intervenor DAPL has rights of access to the limited portion of pipeline corridor not yet cleared—where the Tribe alleges additional historic sites are at risk. We can only hope the spirit of Section 106 may yet prevail.”

Via ICTMN. Stay woke, stay informed, help if you can. You don’t need money – signal boosting and spreading the word is more helpful than you can possibly know. A whole lot of non-Native people don’t have the slightest idea of what’s happening, even as close as Montana, which is right next door. Cops are going apeshit, breaking out all the military gear, and itching to hurt people. We need people to know what is going on, so if you can do nothing else, please, please, spread the word, spread links, get a chain of wakefulness going!

https://twitter.com/RuthHHopkins . https://twitter.com/lastrealindians . https://twitter.com/zhaabowekwe . https://twitter.com/SimonMoyaSmith . https://twitter.com/indiancountry . https://twitter.com/hashtag/NoDAPL

Reuniting Turtle Island: The 2016 Journeys.

 Bibi Mildred Karaira Gandia thanks her 8-year-old great niece and PDJ runner Gabby, with a necklace during the ceremony. Amy Morris.

Bibi Mildred Karaira Gandia thanks her 8-year-old great niece and PDJ runner Gabby, with a necklace during the ceremony. Amy Morris.

Every four years since 1992, indigenous communities have been spiritually reuniting the Western hemisphere by participating in The Peace and Dignity Journeys. This massive undertaking is a chain of spiritual runs that cross the continents and connect the regions of North, Central, South America and the Caribbean. The endeavor is an effort to fulfill the ancient reunion prophecy of the Eagle and Condor.

As explained in the short film Shift of the Ages, the Eagle represents the Northern hemisphere, a masculine energy, and the Condor represents the Southern hemisphere, a feminine energy. The harmony between indigenous cultures across both continents, the union of North and South, was shattered by the arrival of Europeans, who brought genocide and a decimation of the traditional ways.

Peace and Dignity runner from Kingston Jamaica, Kalaan Robert Nibonrix (Taino), formally greeting elder Chumsey Harjo (Muscogee Creek Nation) during the closing ceremony of the Eastern Red Tail Hawk route July 23, 2016. (Amy Morris)

Peace and Dignity runner from Kingston Jamaica, Kalaan Robert Nibonrix (Taino), formally greeting elder Chumsey Harjo (Muscogee Creek Nation) during the closing ceremony of the Eastern Red Tail Hawk route July 23, 2016. (Amy Morris)

One interpretation of the prophecy from the Peruvian shaman Lauro Hinostroza states that for 500 years, beginning around the 16th century, the Eagle would dominate. This timeframe coincides with the onset of colonization and the profound shift in the way indigenous cultures functioned between the continents and among their own communities.

The prediction says that at the end of the 500 year cycle, an opportunity would come forth for Eagle and Condor to unite again and begin to restore balance to the world.

[Read more…]

NYC: Indigenous Peoples Celebration.

NY Indigenous Peoples Celebration, October 10 - www.redhawkcouncil.org

NY Indigenous Peoples Celebration, October 10 – www.redhawkcouncil.org

On October 10th 2016, 9 Indigenous organizations in New York City will again unify to bring awareness of Indigenous Peoples Day, traditionally celebrated on Columbus Day. The groups involved are the American Indian Community House, Redhawk Native American Arts Council, United Federation of Taino People, Kechiwa Nation, Halawai, Naoiwi, East Coast Two Spirit Society and Safe Harbors Indigenous Collective.

“These organizations hope to help New York City follow in the footsteps of Multnomah County, Oregon, St. Paul, Minnesota; Olympia, Washington; Traverse City, Michigan, Albuquerque and Sandoval County, and New Mexico who have all replaced Columbus Day with Indigenous Peoples Day,”  said organizer Cliff Matias.

“These cities and the Indigenous populations of United States are banding together to call on Americans to re-thinking who and what Columbus Day symbolizes to Indigenous people to the Americas.”

“For 2016 we once again will be rethinking Columbus Day with a focus on Indigenous people, their beautiful cultures and traditions. This free day will begin at Monday Morning with a 7am sunrise ceremony honoring the Native people around the world who have endured and survived.   Leaders, elders and medicine people from across North America, the Caribbean, Polynesian Islands and South America will sing, pray, and share their cultural traditions with guests overlooking the East River in Harlem New York. “

“The day will continue with a celebration of spoken word, music, traditional performing artists, guest speakers and contemporary performances. Where there will also be artists sharing and selling traditional works, crafts and jewelry.”

Full story here.

For Indigenous Peoples Day, Write to Columbus.

Tomahawk Greyeyes/YouTube Deezbaa Andrea O’hare reads a letter to Columbus written by Corrina Gould. Tell Columbus how you feel in your own letter.

Tomahawk Greyeyes/YouTube
Deezbaa Andrea O’hare reads a letter to Columbus written by Corrina Gould. Tell Columbus how you feel in your own letter.

Have something you want to tell Christopher Columbus and think there is no way to get it off your chest? Tomahawk Greyeyes, Navajo, has just the thing, an artivist project that calls for letters to Columbus on Indigenous Peoples Day.

The Letters to Columbus will be gathered and some will be shared with the world online and some will be read and performed on YouTube.

Greyeyes calls this a “socially engaged art project about expressing the rage that comes from colonization.” He launched the project on October 12, 2015, gathered letters and took them to read aloud at the Columbus statue that faces the Pacific Ocean in San Francisco.

“You [Columbus] are being charged with genocide, ethnocide, colonization, slavery, rape of people and lands, destruction of the Mother Earth, stealing, maiming, and continued perpetration of lies,” reads Corrina Gould’s (Karkin and Chochoenyo Ohlone) letter to Columbus. “When found guilty your name will be stricken from all histories as a hero.”

Here the full letter, performed by Deezbaa Andrea O’hare, Navajo, below:

One-page letters are due by October 10, and can be submitted to letterstocolumbus@gmail.com.

Via ICTMN.