Settlers Have an Obligation to Defend Treaty Rights, Too

Settlers Have an Obligation to Defend Treaty Rights, Too

This article originally appeared in YES! Magazine.

BY ALEC CONNONERIKA LUNDAHL

Shanai Matteson, a 39-year-old White settler, sat in the stuffy overflow room watching the packed Public Utility Commission meeting, along with more than a hundred others, in St. Paul, Minnesota, in June 2018. Over several hours, she listened as dozens of people—Native elders, local landowners, and young people concerned about their futures—testified against the Line 3 tar sands pipeline, urging the commission to deny the project a key permit. She listened, too, as Enbridge workers, bused in by the company, voiced their support for the pipeline.

Matteson remembers the collective dismay and anger in the room as the five-person board approved Enbridge’s permit request. She also remembers what happened next: Tania Aubid, a member of the Mille Lacs Band of Ojibwe, stood up and told the commissioners that they had just declared war on the Ojibwe people.

Outside of the conference hall, organizers held a rally. Matteson listened as Winona LaDuke, a member of the White Earth Nation and executive director of the nonprofit Honor the Earth, spoke alongside several youth interveners—teenagers who were suing to stop the pipeline in court. Listening to their words, Matteson was moved by their unwavering dedication―to the land, water, and climate, but also to upholding the treaty agreements, which were being violated by this pipeline project.

After the news conference, Matteson packed her two young children into the car. They drove for nearly three hours before reaching a part of the land where the Mississippi starts to widen into one of the nation’s most storied rivers. It was a place she knew well. Matteson’s family had lived in the area for five generations, ever since her great-great-grandfather, Amasa, settled a homestead and opened a small sawmill on 1855 Treaty land. She’d grown up in the nearby town of Palisade, Minnesota, population 150.

Here was where Enbridge planned to drill the Line 3 pipeline under the Mississippi.

Standing on the riverbank that night, Matteson made a pledge to do everything she could to uphold the treaties and to stop Line 3. “I remember that day, saying to myself ‘I am making a commitment to this fight,’ ” Matteson recalls.

Defending Treaty Rights: From the Salish Sea to Line 3

On July 25, a Lummi Nation-carved totem pole will pass through the Mississippi Headwaters, under which Enbridge plans to drill the Line 3 pipeline. It’s part of a 1,500-mile journey from the Salish Sea in the Pacific Northwest through numerous Indigenous sacred sites, including Bears Ears in the Southwest and Standing Rock in the Midwest, en route to Washington, D.C. The totem pole is intended to invite Native and non-Native people to connect with the idea of broken treaties and the ongoing efforts to honor them, especially when treaty rights come into conflict with extractive capitalism.

Putting a hand on the totem pole, as people are invited to do at each sacred site event stop, one can’t help but feel a sense of awe for the many stories, hopes, and prayers it carries—and to offer their own. The 24-foot pole, hauled on a trailer behind a pickup, bears images that tell stories of the present-day struggles faced by Indigenous communities—including the epidemic of missing and murdered Indigenous women, the crisis of children held in cages at the U.S.-Mexico border, and the work of language revitalization. One carving is a grandmother with seven tears, using culture to teach her granddaughter how to turn trauma into wisdom. The totem pole aims to serve as “a reminder of the promises that were made to the first peoples of this land and waters,” Lummi master carver Jewell James told The Washington Post.

These promises were made in the form of nation-to-nation treaty agreements, recognized in the U.S. Constitution as “the supreme law of the land.” For non-Native individuals residing in the U.S., treaty rights are still the legal mechanism giving people the right to live on ceded tribal land. Put another way, if settlers (like the two of us writing this piece) are not actively holding up their end of the deal, then they forfeit the right to be here.

In exchange, the U.S. government promised tribes services, such as health care, education, and housing—and in many cases, treaties reserved the right for Native people to hunt and fish within their traditional territory. Instead, the reality has been a history of genocidal massacres, forced displacement, brutal residential schools, the outlawing of language, religion, and culture, and broken treaty obligations. Only by confronting the context of the U.S.’s settler-colonial history can settlers begin to reckon with their personal identity as treaty people.

“Part of what’s so wonderful about the pole is how it invites people to learn about the treaty, and to learn about the true history of this country,” says Lummi tribal fisher and treaty advocate Ellie Kinley, co-founder of Sacred Sea, a Indigenous-led nonprofit whose mission is to defend Lummi sovereignty and treaty rights and promote Indigenous stewardship of the Salish Sea.

“Once you know the true history, you can learn from it, and become wise from it.”

“We Are All Treaty People”

On June 7, 2021, about 2,000 people attended Treaty People Gathering, a mass Line 3 protest in rural northern Minnesota. At one of two actions that happened that day, more than 1,000 people marched to a part of the Mississippi where the pipeline is slated to be drilled; at the other action, hundreds risked arrest (and more than 200 were arrested) shutting down an Enbridge work station for the day.

“We Are All Treaty People” was one of the gathering’s main rallying cries. They are words that Matteson has thought seriously about since that night at the Commission hearing.

In 2020, after two decades living and working in Minneapolis, Matteson moved her family back to Palisade. She quickly got involved with the Welcome Water Protector Center, a cultural camp supporting people standing with the Ojibwe opposing Line 3. She is now close friends with Tania Aubid, the founder of the camp and the Ojibwe woman who informed the PUC commissioners that Line 3 was an act of war upon her people. The women’s friendship has given them both the strength to do more. In early 2021, they embarked on a hunger strike together. To bring attention to the fight to stop the pipeline, Matteson went 21 days without food; Aubid went 38.

When asked why she moved with her two young children to the Welcome Water Protector Center, Matteson is clear that protecting the water and the climate were reasons, but so too was ensuring that her government upholds its side of the treaties.

“I’ve been reminded by so many Indigenous people that the treaties are not just a concern for Indigenous people,” she says, golden light falling between the trees at camp. “They were entered into by the U.S. government, and as citizens, we have a responsibility to ensure our government honors that law.”

Over the course of the 19th century, the Red Lake Nation, the White Earth Nation, and the Mille Lacs Band of Ojibwe signed treaties with the U.S. government—treaties that granted rights to U.S. citizens and reserved rights for tribal members. In recent years, tribal attorneys have argued that Line 3 would infringe upon those treaty-protected rights, including the right to cultivate and harvest wild rice―manoomin in the Ojibwe language―which is regarded as a sacred species and is a vital source of sustenance for local tribal members. “It’s a perpetuation of cultural genocide,” founder of Line 3 resistance group, Giniw Collective, Tara Houska told The Guardian, describing the impact Line 3 would have on manoomin.

It has been a long road for the tribal attorneys, a road made more complicated by the fact that some Native-owned construction companies and two other Ojibwe nations support the pipeline. Most recently, on June 14, the Minnesota Court of Appeals ruled against the tribes, finding that Enbridge had appropriately demonstrated that there was a need for the pipeline. There are, however, reasons to believe the Tribes’ case will fare better in a case at federal court, where it is to be heard in the coming months. In 2019, the U.S. Supreme Court ruled in the favor of treaty rights in two high-profile cases.

But as the case makes its way slowly through the federal court system, the fight for treaty rights is playing out on its own timeline in the woods of rural Minnesota.

Before Line 3 was anywhere near the edge of the great Mississippi, Aubid and Winona LaDuke built a waaginogaaning, a traditional Ojibwe prayer lodge, on the banks of the river, in the exact spot where Line 3 was slated to be drilled under its waters. Earlier this year, in the depths of the Minnesota winter, Enbridge workers appeared on site, nailing “No Trespassing” signs to trees.

The workers informed Aubid and LaDuke that they were trespassing on Enbridge property.

“No, you’re trespassing,” Aubid replied.

When the workers returned with law enforcement, Aubid handed the police officer a copy of the 1855 Treaty Authority letter, informing them of her legal, treaty-protected right to practice her religion there. The police and the Enbridge workers left Aubid in her prayer lodge soon after, but nobody expected Enbridge to stay away for long.

They didn’t. In July 2021, Enbridge drilled under the river, despite Aubid, Matteson, LaDuke, and others wading into the river to try and stop them.

The prayer lodge still stands in the path of the pipeline, and dozens more people have joined the Welcome Water Protector Center as the fight against the pipeline is reaching a boiling point. Since December alone, nearly 600 people have been arrested for actions related to stopping the construction of Line 3 and tens of thousands more have marched, demanded that Biden intervene, and protested the banks funding the pipeline.

Aubid is clear on what she hopes will happen next. “We’d like more people to come here,” she says. “We’d like people to help us protect the lands, protect the waters, and to do what they can to uphold their side of the treaties.”

Later, as we walk beside the languorous waters of the Mississippi, Matteson reminds us of the importance of settlers upholding the treaties. “This isn’t history,” she says. “This is happening here. It is happening now.”

CORRECTION: This article was updated at 5:26p.m. on July 20,2021, to reflect the current state of the drilling. Read our corrections policy here.

Yakama Nation calls for removal of Columbia River dams

Yakama Nation calls for removal of Columbia River dams

Editors note: The Columbia River has been turned into a slave of civilization, forced to provide hydroelectricity, barge transport, and irrigation water to cities and big agribusiness. It is shackled in concrete and dying from  dams, from overfishing, from toxins, from nuclear waste, from acoustic barrages and armored shorelines and logging and endless  atrocities.

We at Deep Green Resistance do not believe that the federal government will accede to demands such as these. Furthermore, there are thousands of dams currently under construction or proposed worldwide. There are millions of dams in the “United States.” The salmon, the Orca whales—they have no time to waste. Everything is heading in the wrong direction. Therefore, we call for a militant resistance movement around the world to complement aboveground resistance movements and to dismantle industrial infrastructure.

Featured image: The Columbia River is constrained by Bonneville Dam, and bracketed by clearcuts, highways, and utility corridors. Public domain.


Confederated Tribes and Bands of the Yakama Nation

On Indigenous Peoples’ Day, October 14, 2019, the Yakama Nation and Lummi Nation hosted a press conference urging the removal of the lower Columbia River dams as part of a broader call for federal repudiation of the offensive doctrine of Christian discovery, which the United States uses to justify federal actions that impair the rights of Native Nations. The press conference took place this morning at Celilo Park near Celilo Village, Oregon.

“The false religious doctrine of Christian discovery was used by the United States to perpetuate crimes of genocide and forced displacement against Native Peoples. The Columbia River dams were built on this false legal foundation, and decimated the Yakama Nation’s fisheries, traditional foods, and cultural sites,” said Yakama Nation Tribal Council Chairman JoDe Goudy. “On behalf of the Yakama Nation and those things that cannot speak for themselves, I call on the United States to reject the doctrine of Christian discovery and immediately remove the Bonneville Dam, Dalles Dam, and John Day Dam.”

The doctrine of Christian discovery is the fiction that when Christian European monarchs obtained what was for them new knowledge of the Western Hemisphere, those monarchs had a religious right of domination over all non-Christian lands. This doctrine was propagated by the Roman Catholic Church through a series of papal bulls in the 15th century, including a papal bull authorizing Portugal to “invade, search out, capture, vanquish, and subdue all Saracens and pagans” and to place them into perpetual slavery and take their property. The Roman Catholic Church then implemented a framework where the right to subjugate the Americas was split between Spain and Portugal, although they were later joined by other European states. The doctrine was therefore one of domination and dehumanization of Native Peoples, and was used to perpetuate the most widespread genocide in human history.

In 1823, the United States Supreme Court used the doctrine of Christian discovery as the legal basis for the United States’ exercise of authority over Native lands and Peoples. See Johnson v. M’Intosh, 21 U.S. 543 (1823). The Court found that the United States holds clear title to all Native lands subject only to the Native Nation’s right of occupancy, which the United States can terminate through purchase or conquest. In relying on the doctrine of Christian discovery, the Court described it as “the principle that discovery gave title to the government . . . against all other European governments, which title might be consummated by possession.” Id. at 573. The Court used this religious doctrine of domination and dehumanization to unilaterally deprive Native Nations of their sovereign rights, racially juxtaposing the rights of “Christian peoples” against those “heathens” and “fierce savages.” Id. at 577, 590.

In the years that followed, this false religious doctrine became the bedrock for what are now considered to be foundational principles of federal Indian law. In United States v. Kagama, 188 U.S. 375 (1886), and Lone Wolf v. Hitchcock, 187 U.S. 553 (1903), the Court announced Congress’ extra-constitutional plenary power over all Indian affairs—the plenary power doctrine — which it justified by pointing to Native Nations’ loss of sovereign, diplomatic, economic, and property rights upon first ‘discovery’ by Europeans. In The Cherokee Tobacco, 78 U.S. 616 (1870), the Court applied the doctrine and held that Congress can unilaterally abrogate Treaty rights with subsequent legislation unless there is an express exemption provided in the Treaty—the last-in- time doctrine. In Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978), the Court deprived Native Nations of criminal jurisdiction over non-members based on the statement in M’Intosh that Native Nations’ rights “to complete sovereignty, as independent nations, were necessarily diminished” by European ‘discovery’ — the diminished tribal sovereignty doctrine. These legal doctrines have been weaponized against Native Nations ever since, including by Congress in authorizing construction of the Bonneville Dam, Dalles Dam, and John Day Dam without the Yakama Nation’s free, prior, and informed consent.

The history of the lower Columbia River dams can be traced back to 1792, when United States Merchant Robert Gray sailed up our N’chi’Wana (Columbia River) and claimed the territory for the United States. Mr. Gray entered our lands and performed a religious doctrine of discovery ceremony by raising an American flag and burying coins beneath the soil, thereby proclaiming dominion over our lands and our families without our knowledge or consent. Following the War of 1812, the United States and England falsely claimed joint authority over what became known as the Oregon Territory until 1846, when England relinquished its claim south of the 49th parallel. Having eliminated British opposition, Congress passed the Oregon Territorial Act of 1848 and the Washington Territorial Act of 1853. Both Territorial Acts reserve the United States’ claim to the sole right to treat with Native Nations, thereby maintaining the federal government’s doctrine of Christian discovery-based claims.

At the Walla Walla Treaty Council in May and June of 1855, the Yakama Nation’s ancestors met with United States representatives to negotiate the Treaty with the Yakamas of June 9, 1855. Article III, paragraph 2 of the Treaty reserves the Yakama Nation’s “right of taking fish at all usual and accustomed places . . .” including many places throughout the Columbia River basin. At no point during these negotiations did the United States express a claimed right of dominion over the Yakama Nation’s traditional lands that would allow the United States to unilaterally ignore the Treaty. Territorial Governor Isaac I. Stevens did not explain that the United States would dam the rivers and violate the Yakama Nation’s Treaty-reserved fishing rights without the Yakama Nation’s free, prior, and informed consent.

What followed was a 100-year conquest of the Columbia River by the United States. First, the United States Supreme Court paved the way by affirming federal regulatory authority over navigable waterways like the Columbia River in Gilman v. Philadelphia, 70 U.S. 713 (1866), and Congress’ extra-constitutional plenary authority over Indian affairs in United States v. Kagama, 188 U.S. 375 (1886). Congress then exercised this supposed authority by passing a series of legislative acts without the Yakama Nation’s consent, including Rivers and Harbors Acts, Right of Way Acts, the General Dams Act, the Federal Water Power Act, and the Bonneville Project Act, all of which facilitated construction of the lower Columbia River dams without regard for the Yakama Nation’s Treaty-reserved rights.

During the Depression, Congress passed the National Industrial Recovery Act authorizing President Franklin D. Roosevelt to approve public works projects like the Bonneville Dam. Construction started in 1933, but President Roosevelt’s approval of the project was quickly deemed unconstitutional in Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935). The authorization was an unconstitutional delegation of legislative authority from Congress to the President. It should have been deemed unconstitutional under the United States Constitution’s Supremacy Clause — which says the Treaty of 1855 is the “supreme law of the land” — because it was inconsistent with the rights reserved to the Yakama Nation by Treaty. Any argument to the contrary is an argument that Congress has plenary power over Indian affairs rooted in the false religious doctrine of Christian discovery.

Congress quickly re-approved the Bonneville Dam’s construction, which was completed in 1938. The Dalles Dam was built from 1952 to 1957, and the John Day Dam was built from 1968 to 1972. The Yakama Nation, as co-equal sovereign and signatory to the Treaty of 1855, never approved the construction of these dams. They inundated the villages, burial grounds, fishing places, and ceremonial sites that we used since time immemorial. Celilo Falls was the trading hub for Native Peoples throughout the northwest. The United States detonated it with explosives and drowned it with the Dalles Dam. After the Dalles Dam’s construction had already started, the United States negotiated an insignificant settlement with the Yakama Nation for the damage caused by the Dam. This was domination and coercion, not consent.

Today, the lower Columbia River dams stand as physical monuments to the domination and dehumanization that the United States continues to impose on Native Nations under the false religious doctrine of Christian discovery. “Columbus Day is a federal holiday celebrating the Christian-European invasion of our lands under the colonial doctrine of Christian discovery. Today, the Yakama Nation rejects that narrative by celebrating Indigenous Peoples’ Day and calling on the United States to remove the lower Columbia River dams that were built without our consent using the same false religious doctrine,” said Chairman Goudy.

Congress Members Seek to Undermine Lummi Nation’s Request For GPT Permit Denial

Congress Members Seek to Undermine Lummi Nation’s Request For GPT Permit Denial

Featured image: The 22-foot western cedar totem pole, which features animals and symbols important to the Northern Cheyenne people was created by Master Carver and Lummi Elder Jewell James and the House of Tears carvers, of the Lummi Nation. The totem pole is a gift from the Lummi Nation to members of the Northern Cheyenne Tribe in southeast Montana as a symbol of solidarity between two tribes whose homelands are threatened by proposed coal export projects. A dedication ceremony for the totem pole was held on January 22, 2016, outside the Northern Plains Resource Council building in Billings, Montana, where the totem pole will stand until a more permanent home is found on the Northern Cheyenne Reservation. Photo courtesy of the Northern Plains Resource Council.

By Sandy Robson / Coal Stop

Author’s note:  Today, one hundred and sixty-one years ago, the Treaty of Point Elliott was signed on January 22, 1855, by Isaac Stevens, then-Governor of Washington Territory, and by Duwamish Chief Seattle, Lummi Chief Chow-its-hoot, Snoqualmie Chief Patkanim, and other chiefs, subchiefs, and delegates of tribes, bands, and villages. 

elliot-plaque

Elliott Treaty monument in Mukilteo, WA

In my endeavor to honor today’s 161st anniversary of the signing of the Treaty of Point Elliott, this piece brings attention to the disturbing fact that, presently, certain members of Congress are dishonoring that very same treaty as they seek to undermine it. 

Treaty rights of the Lummi people are secured to them by the U.S. federal government in the Treaty of Point Elliott. Specific to treaty fishing rights, is Article 5 of the Treaty provides that, “The right of taking fish from usual and accustomed grounds and stations is further secured to said Indians in common with all citizens of the Territory. . .”

In determining whether Lummi Nation’s treaty-guaranteed rights of access to its usual and accustomed fishing grounds and stations, and harvest of fish, would be adversely impacted by the Gateway Pacific Terminal (GPT) project, a 48 million metric ton per year coal export terminal, the U.S. Army Corps of Engineers (“the Corps”) will be applying a de minimis threshold standard. Any impacts considered to be greater than de minimis by the Corps would warrant the GPT permit denial that Lummi Nation requested of the Corps back over a year ago, on January, 5, 2015.

Underneath the brief summary below of the legislative efforts of several members of Congress, is a detailed outline of the politicians; the campaign money, totaling over a quarter million dollars those politicians have received thus far; and the companies and projects, all relating to legislation that would diminish and undermine tribal treaty rights pertaining to proposed coal export projects in Washington state.

 The Story

Congressional legislators who are backed by the coal industry and coal export terminal interests, have tried multiple times to attach a rider onto various bills that would undermine tribal treaty rights relating to the proposed Pacific Northwest coal export terminals. The original amendments proposed were specifically designed to try to prohibit the U.S. Army Corps of Engineers (“the Corps”) from making its determination regarding the Lummi Nation’s treaty fishing rights relating to the proposed Gateway Pacific Terminal at Xwe’chi’eXen (Cherry Point), before the final Environmental Impact Statement (EIS) would be completed for the project.

The language crafted in an amendment presently proposed by federal legislators, could adversely impact the treaty rights of all Indian Tribes and Indian Nations pertaining to projects such as GPT, or the Millennium Bulk Terminal, a 44 million metric ton per year coal export terminal proposed in Longview, Washington, both of which are presently under environmental review.

The fact that the Corps “owes the highest fiduciary duty to protect Indian contract rights as embodied by treaties” is entrenched in case law. That solemn duty and obligation owed to the Lummi Nation by the U.S. federal government, in this case by the Corps in relation to the GPT project, is something the agency addresses separately from any EIS it is tasked with on proposed projects.

In December, 2015, those multiple attempts to attach a rider which would undermine the Lummi Nation’s exercising of its treaty rights relating to the proposed Gateway Pacific Terminal (GPT) project, proved successful when Congressman David McKinley (R-W.Va.), and Congressman Ryan Zinke (R-MT), proposed Amendment 13, the “McKinley Amendment.” The amendment is attached to H.R. 8, the “North American Energy Security and Infrastructure Act of 2015.”

The “McKinley Amendment,” now designated Amendment 850, had originally been designated as Amendment 13 in the House. Amendment 13 was passed by the House on December 2, 2015, and then H.R. 8 was passed by the House the next day, on December 3, 2015.

Amendment 850, the “McKinley Amendment,” seeks to prohibit the denial of a permit for the construction, operation, or maintenance of an export facility until all reviews required under NEPA are complete.

amendment 850On December 7, 2015, H.R. 8 was received in the Senate and referred to the Committee on Energy and Natural Resources. The next step for H.R. 8 will be a hearing in the Senate.

People should contact their U.S. senators to voice their opposition to Amendment 850, the “McKinley Amendment,” that is attached to H.R. 8.

Every day that passes as the Corps is making its decision on the fate of the GPT permit, is another opportunity for coal-backed legislators such as Congressmen McKinley and Zinke, and Senator Daines, to craft legislation aimed at diminishing Lummi Nation’s, and other tribes’ treaty rights.

Honor The Treaty. Now.

Top row, left to right: state flags of West Virginia, Montana, and Washington State. Bottom row, left to right: Congressman David McKinley (R-W.Va.), Congressman Ryan Zinke (R-MT), U.S. Senator Steve Daines (R-MT), Congressman Dan Newhouse (R-WA).

Top row, left to right: state flags of West Virginia, Montana, and Washington State. Bottom row, left to right: Congressman David McKinley (R-W.Va.), Congressman Ryan Zinke (R-MT), U.S. Senator Steve Daines (R-MT), Congressman Dan Newhouse (R-WA).

The Politicians

Congressman Ryan Zinke (R-MT) — Ryan Zinke, along with U.S. Senator Steve Daines, led a group of sixteen senators and seventeen members of the House in sending two July 28, 2015 letters (one from the Senate and one from the House) to the U.S. Army Corps of Engineers. The letters urged U.S. Assistant Secretary of the Army Jo-Ellen Darcy, to complete the environmental review process for the proposed GPT project prior to the Corps making a determination whether impacts to any tribes’ U&A (usual and accustomed) treaty fishing rights are more than de minimis, or too small or trivial to warrant legal review.

U.S. Senator Steve Daines (R-MT) —  Senator Daines attempted multiple times, during the summer of 2015, to attach a specifically crafted amendment to various pieces of unrelated legislation. The amendments were specifically designed to try to prohibit the Corps from making its determination regarding the Lummi Nation’s treaty fishing rights relating to the proposed GPT, before the final Environmental Impact Statement (EIS) would be completed for the project. Daines ended up withdrawing his amendment. It is important to note that while Senator Daines orchestrates such efforts against the treaty rights of the Lummi Nation, he is a member of the Senate Committee on Indian Affairs.

Senator Daines, along with Congressman Zinke, led the group of sixteen senators and seventeen members of the House in sending the two July 28, 2015 letters mentioned above, to the U.S. Army Corps of Engineers.

Congressman David McKinley (R-W.Va.)— McKinley proposed Amendment 13 (now designated Amendment 850), the McKinley Amendment, which the House passed by a voice vote on December 2, 2015. Congressman Zinke co-sponsored that amendment.

Congressman Dan Newhouse (R-WA) – Dan Newhouse’s office was contacted about his position on Amendment 13 (now called Amendment 850) that was passed by the House on December 2, 2015, by a voice vote. Congressman Newhouse’s office staff responded “he supports that amendment, he supported it in the Rules Committee, and worked with McKinley and Daines on that.” Apparently, once again, Senator Daines has been involved in an attempt to undermine the treaty rights of the Lummi Nation, as he worked with Congressman McKinley on Amendment 850.

The Money

Congressman David McKinley (R-W.Va.), so far, has received the following campaign contributions relating to the proposed coal export terminals:

–$1,000 from FRS Capital for 2015-2016

–$3,500 from Arch Coal for 2015-2016

–$2,000 National Mining Association for 2015-2016

–$10,750 from Arch Coal for 2013-2014

–$5,000 from National Mining Association for 2013-2014

–$33,500 from Arch Coal for 2011-2012

–$10,000 from National Mining Association for 2011-2012

–$2,400 from Boich Companies for 2012 election cycle

Congressman Ryan Zinke (R-MT), so far, has received the following campaign contribution for the 2015-2016 election cycle relating to the proposed coal export terminals:

–$6,000 from FRS Capital Corp (ultimate parent company over Carrix and SSA Marine) for 2015-2016 election cycle

–$4,500 from Cloud Peak Energy (has 49% stake in PIT/GPT) for 2015-2016 election cycle

–$4,000 from Arch Coal for 2015-2016 election cycle

–$3,000 from National Mining Association for the 2015-2016 election cycle

–$17,700 from BNSF/Berkshire Hathaway for 2013-2016

Senator Steve Daines (R-MT), so far, has received the following campaign contributions relating to the proposed coal export terminals:

–$2,500 from FRS Capital Corp for the 2015-2016 election cycle

–$32,500 from Berkshire Hathaway for 2013-2016

–$26,400 from Boich Companies for 2013-2016

–$16,000 from Cloud Peak Energy for 2015-2016

–$11,500 from Arch Coal for 2013-2016

–$17,500 from National Mining Association for 2013-2016

Congressman Dan Newhouse (R-WA), so far, has received the following campaign contributions relating to the proposed coal export terminals:

–$6,000 from FRS Capital Corp (ultimate parent company over Carrix and SSA Marine) for the 2014 election cycle

–$2,500 from FRS Capital Corp/SSA Marine for the 2015-2016 election cycle

–$6,000 from Berkshire Hathaway (parent company over BNSF which would transport coal from WY and MT to the proposed Pac NW coal export terminals) for 2015-2016 election cycle

–$3,000 from Arch Coal for 2015-2016 election cycle

–$1,000 from National Mining Association for 2015-2016 election cycle

All of the campaign contributions listed above were obtained from the website, OpenSecrets.org.

The Companies and Proposed Projects

Gateway Pacific Terminal (GPT) — a proposed 48 million ton per coal export terminal at Cherry Point, in Whatcom County, Washington

Pacific International Terminals (PIT) — a subsidiary of SSA Marine and the applicant for the GPT project

SSA Marine — parent company over PIT

FRS Capital Corp — parent company over Carrix. Carrix is the parent company over SSA Marine

Cloud Peak Energy — presently has a 49% interest in PIT/GPT, and has an agreement with SSA Marine for an option to ship up to 17.6 million short tons of capacity per year through GPT

Arch Coal — in January, 2011, Arch Coal acquired a 38% equity interest in Millennium Bulk Terminals-Longview, LLC and its proposed Millennium Bulk Logistics Terminal. Arch Coal filed for Chapter 11 bankruptcy on January 11, 2016. Since Arch Coal filed for Chapter 11 bankruptcy, the stock has lost more than 80% of its value, and effective January 12, 2016, trading in Arch Coal common stock was suspended on the New York Stock Exchange

Millennium Bulk Terminals-Longview Coal Export Terminal — a proposed coal export terminal project to redevelop an operating bulk materials port on the Columbia River in Longview, Washington, for the export of 44 million metric tons of coal annually. The terminal is served by BNSF and Union Pacific railroads

Millennium Bulk Terminals-Longview, LLC (formerly Millennium Bulk Logistics) — a subsidiary of Australia-based Ambre Energy that was a majority (62%) partner in the Millennium Bulk Logistics Longview Terminal project (Arch Coal has a 38% interest). In November 2014, Ambre Energy sold its two Rocky Mountain coal mines and its stake in proposed coal export terminals planned for Washington and Oregon to Resource Capital Funds (a Denver, Colorado private equity firm) for $18 million, according to company filings with Australian regulators

Resource Capital Funds (RCF) is a long-established investor in Ambre Energy, maintaining a voting position on the company’s board, and loaning Ambre approximately $95 million. RCF bought the Decker mine in Montana, and the Black Butte mine in Wyoming, along with Ambre’s stake in the Morrow Pacific Project in Oregon and its stake in Millennium Bulk Logistics Longview Terminal in Washington

Ambre Energy had purchased Cloud Peak Energy’s 50% interest in Decker mine and related assets in September of 2014, and assumed 100% ownership of Decker Mine. Part of that deal included an option granted to Cloud Peak Energy for up to 7 million metric tonnes per year of throughput capacity at the proposed Millennium Bulk Logistics Longview Terminal, and Ambre Energy’s assumption of all reclamation and other Decker liabilities and replacement of Cloud Peak Energy’s $66.7 million in outstanding reclamation and lease bonds

Under the deal between RCF and Ambre Energy, RCF would operate under the name Ambre Energy North America, and the leadership team would stay the same. In April 2015, Ambre Energy North America changed its name to Lighthouse Resources Inc. Lighthouse Resources is a privately held company headquartered in Salt Lake City, Utah

BNSF Railway — applicant for the interrelated (to GPT) Custer Spur rail project and company that would transport coal from WY and MT to the proposed GPT and Millennium Bulk coal export terminals

Berkshire Hathaway — parent company over BNSF

Boich Companies — Boich Companies is a privately held coal mining and marketing company headquartered in Ohio, and is a joint-owner of Signal Peak Energy, LLC (Signal Peak Coal Mine) in Montana. Signal Peak Energy is jointly-owned by Boich Companies, FirstEnergy Corp., an Ohio-based utility company, and Pinesdale LLC, a wholly-owned subsidiary of Swiss commodity trader Gunvor Group, Ltd. The three partner companies formed an entity, Global Mining Holding Company LLC, to hold all the ownership interests. Global Mining Holding Company’s owners are FirstEnergy Ventures, a subsidiary of FirstEnergy; WMB Marketing, a Boich subsidiary; and Gunvor Group

Signal Peak Energy is a major exporter of coal, primarily to Asia, so it’s likely that Boich Companies is interested in getting a contract for shipping/exporting its Signal Peak coal to Asia through GPT in Whatcom County, WA. It is currently shipping coal through Westport Terminal in British Columbia. Signal Peak Energy is jointly-owned by Boich Companies, FirstEnergy Ventures (Ohio-based utility company), and Pinesdale LLC, a wholly-owned subsidiary of Swiss commodity trader Gunvor Group, Ltd.

Boich Companies is part owner Global Coal Sales Group which acquires coal mined at its affiliate Signal Peak Energy’s mine, from FirstEnergy Generation (a subsidiary of FirstEnergy Corp), and sells the coal in the international market. Global Coal Sales Group LLC, contributed $50,000 to the coal interest-funded Political Action Committee SaveWhatcom, during the 2013 Whatcom County election

National Mining Association (NMA) — is the national trade organization of the U.S. mining industry representing mining interests before Congress, the Administration, federal agencies, the judiciary, media, and the public. NMA also has at least two Political Action Committees.
Cloud Peak Energy, BNSF Railway, Peabody Energy, Millennium Bulk Terminals, Arch Coal, and Lighthouse Resources are listed members of the National Mining Association

Goldman Sachs — it was announced on July 5, 2007, that Goldman Sachs Infrastructure Partners committed to equity investment in Carrix (parent company over SSA Marine), giving Goldman Sachs Infrastructure Partners a 49% interest in Carrix). This funding was integral to the Gateway Pacific Terminal project. In January 2014, Goldman Sachs pulled out of the GPT project, selling its 49% interest back to SSA Marine.

The Ugly Underbelly of Corporations’ Pursuit of a Coal Terminal

The Ugly Underbelly of Corporations’ Pursuit of a Coal Terminal

Featured image: September 21, 2012: Members of the Lummi Nation protest the proposed coal export terminal at Cherry Point by burning a large check stamped “Non-Negotiable.” The tribe says they want to protect the natural and cultural heritage of the site.  Photo by Indian Country Today Media Network.

By Sandy Robson / Coal Stop

The Lynden Tribune newspaper made the decision to publish a December 23, 2015 opinion piece submitted by Chair John Huntley and President Brad Owens of the Northwest Jobs Alliance (NWJA). The NWJA advocates for the proposed Gateway Pacific Terminal (GPT) project. Their op-ed leveled unsubstantiated, defamatory allegations at unnamed “leadership” of the Lummi Nation, a self-governing Indian Nation, and those allegations could easily be perceived as having been leveled at Lummi Nation as a whole.

welcome at lummi painting

Canoe and murals in the Lummi Administrative Building

The Lummi, a Coast Salish people, are the original inhabitants of Washington state’s northernmost coast and southern British Columbia. The Lummi Reservation is located in western Whatcom County, and it is governed by the Lummi Indian Business Council (LIBC), an eleven member tribal council.

lynden tribune nwja op ed onlineNWJA’s December 23, 2015 Lynden Tribune op-ed claimed that “the current leadership of the Lummi Nation has embarked upon a campaign against the working families of Whatcom County.” In an attempt to support that inflammatory claim, NWJA pointed to a December 10, 2015 letter from Kirk Vinish of the Lummi Nation’s Planning Department. However, a review of that 2-page letter produced no evidence to support such a claim.

In contrast, NWJA has left a trail of evidence demonstrating its continued pattern of negative messaging to raise resentment about, and discredit, the Lummi Nation’s opposition to GPT by sending accusatory letters  to the Army Corps and Whatcom County, and by disseminating similar accusatory messaging to the public, via the NWJA email list and a press release sent to local media.

In NWJA’s opinion piece, Huntley and Owens also alleged that Lummi Nation leaders are proposing the elimination of existing Cherry Point industry jobs. They provided no evidence whatsoever to support such a claim.

nwja dec 22 comment to planning

Excerpt from NWJA’s December 22 comment letter to the Whatcom County Planning Commission

As if it weren’t bad enough that NWJA submitted its defamatory op-ed for publication in a local newspaper, the Alliance launched a second strike aimed at Lummi Nation leadership the day before, by submitting a December 22 comment letter to the Whatcom County Planning Commission, on the currently ongoing Whatcom County Comprehensive Plan Update.

The comment letter was a slightly revised version of NWJA’s op-ed published in the Lynden Tribune, containing the same unsubstantiated accusations. NWJA’s inflammatory comment letter is now part of the official public comment record for the County Comprehensive Plan Update which the Whatcom County Council will review prior to voting on the final language to be included in the plan update. The fact that the Council is also one of the decision makers on permits needed by PIT for its GPT project makes NWJA’s comment letter “comprehensively” reprehensible.

GPT threatens Lummi treaty rights

GPT would be sited along the Salish Sea shoreline, at Xwe’chi’eXen, part of the Lummi Nation’s traditional fishing area. Xwe’chi’eXen is the Lummi peoples’ ancestral name for Cherry Point, an area which has a deep cultural, historic and spiritual significance to the Lummi people, as it was a village site for their ancestors for over 175 generations.

The projected coal export terminal threatens Lummi treaty rights, the salmon they depend on, their Schelangen (“Way of Life”), and the cultural integrity of Xwe’chi’eXen. LIBC Chairman Tim Ballew II sent a January 5, 2015 letter to the U.S. Army Corps of Engineers Seattle District Commander, Colonel John G. Buck, asking the agency to take immediate action to deny the GPT permit application.

In that letter, Chairman Ballew stated that the GPT project “will directly result in a substantial impairment of the treaty rights of the Lummi Nation throughout the Nation’s ‘usual and accustomed’ fishing areas.” Ballew also wrote that “The Lummi Nation is opposed to this project due to the cultural and spiritual significance of Xwe’chi’eXen, and intends to use all means necessary to protect it.” He added that the Lummi Nation has a sacred obligation to protect Xwe’chi’eXen based on that significance.

sacred place violated

Page excerpt from “Protecting Treaty Rights, Sacred Places, and Lifeways: Coal vs. Communites,” presented by Jewell James, Lummi Tribal Member and Head Carver, Lummi Tribe’s House of Tears Carvers

The U.S. Army Corps of Engineers (“the Corps”) is the federal agency tasked with coordinating and handling the environmental review for the GPT project, and it is legally obligated to ensure that the Lummi Nation’s treaty rights are protected, and are not violated. Currently, the Corps is in the process of making a determination as to whether impacts to any tribes’ U&A (usual and accustomed) treaty fishing rights are more than de minimis, meaning too small or trivial to warrant legal review.

article 6 of the constitution

Article VI of the U.S. Constitution which includes the clause that establishes treaties made under its authority, are the supreme law of the land

SSA Marine consultant Craig Cole, Director for NWJA

The Northwest Jobs Alliance (NWJA) was created to promote and advocate for the GPT project. For the first few years, NWJA consisted solely of a Facebook page, after that page had been created in May of 2011. NWJA’s original mission statement that had been displayed for years on its Facebook page read: “The Alliance focuses their efforts on supporting the Gateway Pacific Terminal. . .”  For almost three years, NWJA’s Facebook page showed “www.gatewaypacificterminal.com” as its website address, and the phone number displayed had been a non-working number.

Several articles appeared in Whatcom County citizen-based publications during the summer and fall of 2014, criticizing the legitimacy of the NWJA and likening it to a front group, as it did not have a working phone number or a website other than the official GPT website. Subsequently, NWJA made some changes. In fall of 2014, the NWJA added a working phone number, created a website for its online presence, and changed its listed website address on its Facebook page from “gatewaypacificterminal.com” to “NWJA.org.”

Presently, the NWJA website states the following as its mission: “The Northwest Jobs Alliance (NWJA) promotes the growth of family-wage jobs in the context of sound environmental practice.” Also, there is no mention of GPT on the NWJA website’s Home page where the organization’s mission and focus are explained. Instead the general term “Cherry Point industrial area” is used.nwja registrationOn October 23, 2014, NWJA was filed as a non-profit corporation, according to the Washington Secretary of State website. SSA Marine’s paid local consultant for the GPT project, Bellingham resident Craig Cole, is the listed Director for NWJA.

nwja leaders photosSince its inception, NWJA has had a steady turnover of co-chairs, all of whom have been very public advocates for the GPT project. Presently, Brad Owens is listed as NWJA President and John Huntley is listed as NWJA Chair. Huntley owns Mills Electric, a Bellingham electrical contracting company. Owens, a Bellingham resident, is the past President of the NW Washington Building & Construction Trades Council.

Some people confuse the “Northwest Jobs Alliance” for another similarly titled GPT advocacy organization called the “Alliance for Northwest Jobs and Exports.” It’s worthwhile to distinguish between the two, although promoting the GPT project has been the central intended purpose of both groups.

Cloud Peak Energy and BNSF govern Alliance for NW Jobs & Exports

The Alliance for Northwest Jobs and Exports (ANWJE) was first presented to the public as a grass-roots organization, when it was actually created in 2012, by Edelman, the world’s largest public relations firm, which was hired by SSA Marine to do public relations work for the proposed GPT project.

anwje registrationAccording to the Washington Secretary of State website, ANWJE was filed as a non-profit corporationin July 2012. The “Governing Persons” listed are Todd O’Hair and Zak Andersen. Todd O’Hair is currently Senior Manager, Government Affairs for Cloud Peak Energy Inc. which has a 49% stake in SSA Marine/PIT’s GPT project. Zak Andersen is presently Assistant Vice President, Community and Public Affairs for BNSF Railway. anwje governing personsBNSF is the applicant for GPT’s interrelated Custer Spur project and would be the railway transporting coal mined in Montana and Wyoming to GPT. ANWJE’s website describes its group as a “non-profit trade organization that supports new export projects in Oregon and Washington State…”

BNSF Railway, SSA Marine, and Cloud Peak Energy are listed on the ANWJE’s membership list, which is comprised of companies and other entities which stand to benefit financially from the coal export terminal. So, this “non-profit trade organization” was created by the public relations firm hired by the GPT applicant, and it is governed by an employee of BNSF, the applicant for the interrelated Custer Spur project, and by an employee of Cloud Peak Energy, which has a 49% stake in SSA Marine/PIT’s GPT project.

NWJA’s attempt to drive public opinion against Lummi opposition to GPT

Whatcom Tea Party board member Kris Halterman hosts a local Whatcom County KGMI talk radio show, “Saturday Morning Live” (SML). On her September 12, 2015 SML show, Halterman hosted NWJA President Brad Owens, and together, they advanced an unsubstantiated, defamatory assertion that NWJA (the entity behind the Lynden Tribune op-ed) had previously purported in its August 20, 2015 letter to the Corps—that there is “an apparent motive behind the Lummi Nation’s opposition to the Gateway Pacific Terminal project (and completion of the EIS process)not connected with treaty rights.” [italicized emphasis theirs]

Joining in those activities against Lummi opposition to GPT, was the Political Action Committee SAVEWhatcom, headed up by Halterman, whose name pops up in most everything GPT-related. The SAVEWhatcom PAC was the vehicle for Gateway Pacific coal terminal interests to fund 2013 and 2014 local Whatcom County election political campaigns with over $160,000, which, if successful, would benefit those interests.

how ironic save whatcom

February 5, 2015 post from the SAVEWhatcom Facebook page

One month after the LIBC’s January 5, 2015 letter to the Corps, Halterman’s SAVEWhatcom placed a February 5 post on its Facebook page which disparaged the Lummi Nation and its Silver Reef Casino in what appeared to be an attempt to drive public opinion against the Lummi Nation’s strong oppositional stance to GPT.

Then, in an August 12, 2015 comment letter to the Whatcom County Planning Commission, NWJA seemed to pit “working families” who were characterized in the letter as “some of the very people who patronize Lummi enterprises”— against what was described as “tribal aspirations.” Echoing that previous tack of drawing attention to the Lummi Nation’s enterprises while at the same time denigrating the Nation with groundless claims, the NWJA referenced the Lummi Nation’s Silver Reef Casino in their December 23, 2015 Lynden Tribune op-ed. That excerpt read:

“And it saddens us to observe that the current leadership of the Lummi Nation has embarked upon a campaign against the working families of Whatcom County. These are some of the very families that patronize the Silver Reef Casino and other Lummi enterprises. Some thanks.”

Those specific repeated references to the Lummi Nation’s Silver Reef Casino and enterprises by SAVEWhatcom and the SSA Marine consultant-led NWJA, could be viewed as attempts to drive public opinion against the Lummi Nation’s Silver Reef enterprises—trying to change the minds of the Silver Reef’s loyal patrons who enjoy the hotel, spa, casino, entertainment/shows, multiple restaurants, convention and event venue, and more.

NWJA omits important statistics

NWJA’s December 23 opinion piece failed to mention that the Lummi Nation’s Silver Reef Hotel Casino & Spa employs 675 people. It also failed to mention any of the significant contributions from the Lummi Nation to Whatcom County’s community at large, which certainly have a positive impact on countless families and individuals in Whatcom County. For example, LIBC Chairman Tim Ballew stated in a May 2015 piece in The Bellingham Herald, that Lummi Nation was “humbled and honored to be able to give back to the people who work so hard to make our community thrive,” when referring to its Nation’s donations of over $600,000 awarded to 43 organizations. Some of those organizations include the Bellingham Food Bank, the Whatcom Literacy Council, and Whatcom County Fire District 8, to name a few.

NWJA stated in its December 23 op-ed and its December 22 comment letter to the County Planning Commission, that “Whatcom County ranks 30th out of 39 counties for personal income growth [Bellingham Herald 11/19/15].” In reading The Bellingham Herald article cited as a source for that statistic, NWJA did not bother to inform readers that while the per capita personal income average in Whatcom County increased 3.2% from 2013 to 2014, placing it 30th out of 39 counties in the state, Whatcom County’s 2014 per capita income total ranks 16th highest out of Washington’s 39 counties.

lummi planning letter to county planning

Excerpt from December 10, 2015 comment letter submitted to Whatcom County Planning and Development by the Lummi Nation Planning Department

In its December 23 op-ed, and in its December 22 comment letter NWJA sent to the Planning Commission, Huntley and Owens referenced specific language from the December 10, 2015 comment letter from Lummi Nation’s Planning Department submitted to Whatcom County Planning and Development. The specific language was a new policy that Lummi Nation recommended be added to the County Comprehensive Plan:

“The shipment of coal, or crude oil, from any new shipping terminal or pier, or any existing terminal or pier, is prohibited.” Huntley and Owens said they were troubled by the Lummi Nation’s recommendation and wrote:

“This echoes previous requests that the Lummi have made to the County to begin phasing out the Cherry Point heavy industrial zone.” No evidence, however, was provided by the NWJA to show any previous, or even current, requests from Lummi Nation to begin phasing out the Cherry Point heavy industrial zone.

The underbelly of their reasoning

One particular statement NWJA made in its August 12, 2015 comment letter to the County Planning Commission revealed the underbelly of their reasoning:

“The Lummi occupy an important and unique role in our community, but they are just 1.5% of the County’s population.”

NWJA repeated similar statements in its August 27, 2015 email advertisement disseminated via its mailing list, and in its September 10, 2015 press release, potentially indicating to their audiences a reason to marginalize and dismiss Lummi Nation’s voice based on the Lummi’s minority population status.

Just as “Manifest Destiny” mandated that it was supposedly God’s providence that the U.S. should exercise hegemony over its neighbors—seeing North America as the new Promised Land, NWJA and the GPT corporate interests they advocate for, seem to believe that it’s their economic providence to exercise hegemony over the Lummi Nation—seeing Xwe’chi’eXen (Cherry Point) and its naturally occurring deep-water contours which allow for huge Capesize vessels stuffed with U.S. coal bound for Asia, as their new Promised Land.

The Lummi Nation, however, and countless people in the Pacific Northwest region, have a very different view of their destiny, and that view does not include the transporting, handling, and shipping of 48 million metric tons per year of coal to Asia, which is the plan for GPT.

Raising resentment of tribal treaty rights; encouraging the public and government officials to ignore tribal treaty rights; calling into question the motivation behind an Indian Nation’s exercising of its tribal treaty rights; interfering with the federal regulatory review process and the government to government relationship between a U.S. federal agency and Indian Tribes and Indian Nations; and making disparaging and unsubstantiated accusations against an Indian Nation and its leaders, are some of the various ways in which the Lummi Nation is being attacked as powerful corporations endeavor to realize their perceived manifest destinies, in pursuit of a coal export terminal at Xwe’chi’eXen.

Lummi Tribal Leaders Rally in D.C. Against Nation’s Largest Coal Terminal

Lummi Tribal Leaders Rally in D.C. Against Nation’s Largest Coal Terminal

Lummi tribal leaders and members gathered last Thursday in Washington, D.C. to express concerns about treaty violations related to the proposed coal terminal and train railway for Cherry Point, Washington.

In addition to the Lummi Nation, tribal members and leaders from the Tulalip, Swinomish, Quinault, Lower Elwha Klallam, Yakama, Hoopa Valley, Nooksack and Spokane nations were in attendance.

Chairman of the Lummi Nation Tim Ballew II expressed his concerns last Thursday in Washington, D.C. to express concerns about treaty violations related to the proposed coal terminal and train railway for Cherry Point, Washington.

Chairman of the Lummi Nation Tim Ballew II expressed his concerns last Thursday in Washington, D.C. to express concerns about treaty violations related to the proposed coal terminal and train railway for Cherry Point, Washington.

Chairman of the Lummi Nation Tim Ballew II came to the podium and told attendees and news crews that the 1855 U.S. treaty with Pacific Northwest Native American tribes, and associated rights for the fishing, hunting and sacred grounds was in jeopardy.

“We’re taking a united stand against corporate interests that interfere with our treaty-protected rights,” said Tim Ballew II, chairman of the Lummi Indian Business Council. “Tribes across the nation and world are facing challenges from corporations that are set on development at any cost to our communities.”

According to a release, for three years, Northwest treaty tribes, including Lummi Nation, Swinomish Indian Tribal Community, Tulalip Tribes, and Yakama Nation, and the Columbia River Intertribal Fisheries Commission have provided government agencies and elected officials detailed letters identifying the impacts the terminal would have on treaty fishing rights, the environment, natural resources and the health of Washington.

 Lummi tribal members and sisters Billy Kennedy Jefferson, 18, Danielle Kennedy Jefferson, 16, and Kathrine Jefferson, 15, all from the Lummi Nation in western Washington state Photo: Vincent Schilling

Lummi tribal members and sisters Billy Kennedy Jefferson, 18, Danielle Kennedy Jefferson, 16, and Kathrine Jefferson, 15, all from the Lummi Nation in western Washington state Photo: Vincent Schilling

Additionally, the Affiliated Tribes of Northwest Indians, representing 57 tribes, has taken action to oppose the increased transport of unrefined fossil fuels of coal, Bakken shale oil, and tar sand oil across the Northwest. The proposed Gateway Pacific Terminal would impact thousands of acres of treaty land and fishing along the rivers and mountains. Tribes across the Northwest have concluded that the impacts of significant increases in rail and vessel transportation cannot be mitigated to any level that would protect tribal treaty rights.

The proposed Gateway Pacific Terminal (a subsidy of SSA Marine) would serve as a gateway to markets in domestics companies and Asia. The terminal would handle 60 million tons of commodities, mostly coal – but the project’s location includes Lummi ancestral burial sites and ancestral fishing grounds.

“The location of the pier will take away fishing grounds and the increase in vessel traffic would impede access of our fishermen to fishing grounds throughout our usual and accustomed areas.”

“We soundly reject developments that desecrate our sacred places and call on Congress to uphold our treaty-protected rights,” said Ballew.

“I credit the current administration for every year building on our efforts to help us rebuild our nations and I encourage them to continue that,” Ballew said. “We really want them to give this issue its due respect. It’s a human rights issue, it’s a treaty rights issue, and we need our sacred sites protected.”

“For thousands of years, Washington tribes have fought to protect all that is important for those who call this great state home. We live in a pollution-based economy and we can no longer allow industry and business to destroy our resources, water and land. No mitigation can pay for the magnitude of destruction to treaty resources for today and generations from now. As leaders, we need to protect our treaty resources, our economies, and the health of our citizens and neighbors.” said Brian Cladoosby, Chair, Swinomish Indian Tribal Community and president of the National Congress on American Indians in DC.

“The ancestors of all, Native and non-Native, witness those who have lost their integrity; the people of the present acknowledge as much; and the future generations will ask ‘Why did those ones who did not honor their own words allow it to happen?’ The past is the present and the future is now. The treaty is their word, our people trusted that word. Now, it seems to be just words. Do they lack the honor and integrity of their ancestors?” said Dave Brown Eagle, Vice-Chair, Spokane Tribal Business Council.

Dave Brown Eagle, Vice-Chair, Spokane Tribal Business Council at the White House Tribal Nations Council last week. Photo: Vincent Schilling

Dave Brown Eagle, Vice-Chair, Spokane Tribal Business Council at the White House Tribal Nations Council last week. Photo: Vincent Schilling

“Our treaty rights are not for sale. The Gateway Pacific Terminal project threatens our treaty-reserved rights and we do not support actions that would compromise or diminish the resources for which our ancestors sacrificed so much. There is no mitigation for the loss of our way of life or culture,” said Melvin R. Sheldon Jr., Chair, Tulalip Tribes.

“This issue affects all of us, we’re connected in ways that the U.S cannot even imagine,” said Tyson Johnston, Vice-President of the Quinault Indian Nation.

The project is currently under review by the Seattle district U.S. Army Corps of Engineers.  The State of Washington Department of Ecology has an environmental review listed here.