Hoopa Valley Tribe: San Luis Settlement Agreement will “Condemn Tribe to Poverty”

Hoopa Valley Tribe: San Luis Settlement Agreement will “Condemn Tribe to Poverty”

by | Jun 4, 2016 | Lobbying

By  / Intercontinental Cry

On May 24, the Hoopa Valley Tribe from Northern California filed its objection to two bills proposed in the House of Representatives to implement the controversial San Luis Settlement Agreement, saying the agreement would “forever condemn the Tribe to poverty.”

The Tribe filed its complaint prior to a hearing on the two bills, H.R. 4366 (Rep. David Valadao) and H.R. 5217 (Rep. Jim Costa, D-CA), held by the U.S. House of Representative Natural Resources Committee Subcommittee on Water, Power and Oceans.

“Our Tribe is an indispensable party to this settlement,” said Chairman Ryan Jackson, in a press release. “We notified Congress and the Bush and Obama Administrations on numerous occasions over the past several years of our concerns. Though we have been mostly ignored, rest assured, this legislation will not advance in absence of protection of our interests.”

The invited witnesses were John Bezdek , Senior Advisor to the Deputy Secretary, U.S. Department of the Interior; Tom Birmingham, General Manager, Westlands Water District; Jerry Brown, General Manager, Contra Costa Water District; Steve Ellis, Vice-President, Taxpayers for Common Sense; and Dennis Falaschi, General Manager, Panoche Water District.

Notably, the Committee did not invite those most directly impacted by the deal. These include the leaders of the Hoopa Valley, Yurok, Karuk, Winnemem Wintu and other Tribes, commercial and recreational fishermen, family farmers and others whose livelihoods have been imperiled by decades of exports of Trinity, Sacramento and San Joaquin River water to corporate agribusiness interests irrigating drainage-impaired land on the west side of the San Joaquin Valley.

Jackson said the Settlement Agreement contains Central Valley Project (CVP) water supply assurances for 895,000 acre feet of water for the Westlands Water District that originate from the Trinity River, a watershed that the Tribe “has depended for its fishery, economy and culture since time immemorial.”

Michael Orcutt, Hoopa Tribal Fisheries Director, said, “It is a travesty that the pristine waters of the Trinity Alps that have nurtured our people have been diverted from their natural course, sent 400 miles from our homeland and converted into toxic industrial waste by agribusiness in the Central Valley.”

“What makes this worse is that the destruction of our water quality was aided and abetted by our Federal Trustee, the Department of the Interior,” said Self-Governance Coordinater Daniel Jordan.

Instead of ensuring that existing law is enforced for the Tribe’s benefit, the Tribe said the United States government has “focused its energy on escaping federal liability for the generations of mismanagement of the reclamation program.”

The Tribe said it has the first right of use of Trinity River water under the 1955 federal statute that authorized the Trinity River Division of the CVP, but the San Luis Unit settlement and legislation as proposed ignores this priority right held by the Tribe.

“The Secretary of the Interior and Attorney General are blatantly ignoring our rights and the Congressionally-mandated responsibility of the Bureau of Reclamation to furnish the water necessary for fish and wildlife and economic development in the Trinity River Basin,” stated Orcutt.

The Tribe’s testimony includes a proposal for settlement of the drainage issue that also provides for long overdue fair treatment of the Hoopa Valley Tribe. “If Congress approves our proposals, the Hupa people would finally get a long overdue measure of justice,” according to the Tribe.

“Our culture and economy have been devastated by the federal government’s mismanagement of the Central Valley Project and the San Luis Unit contractors’ ongoing assaults on our rights to Trinity River water,” said Jackson, “Now is the time to end the fighting and begin the long process of recovery.”

A coalition of fishing groups, conservation organizations, Delta farmers, Tribal leaders and environmental justice advocates is opposing the bills. Barbara Barrigan-Parrilla, Executive Director of Restore the Delta, said U.S. taxpayers, and Californians in particular, should be “alarmed” that H.R. 4366 and H.R. 5217 (Rep. Jim Costa, D-CA) are moving forward.

“The settlement agreement reached in September 2015 between the Obama Administration and these large industrial agricultural, special-interest water districts, will result in a $300 million taxpayer giveaway without addressing or solving the extreme water pollution these irrigation districts discharge into the San Joaquin River, and ultimately, the San Francisco Bay-Delta estuary. It is exactly these types of taxpayer giveaways to corporations that have incensed voters in both parties this election year,” said Barrigan-Parrilla in a statement.

The objections filed by the Hoopa Valley Tribe on May 24 come just a week after the Tribe filed a 60-day notice of intent to sue the Bureau of Reclamation (BOR) and NOAA Fisheries for violating the Endangered Species Act (ESA) by failing to adequately protect salmon on the Trinity and Klamath rivers.

“Failure by these federal agencies to reinitiate consultation on the flawed 2013 Klamath Project Biological Opinion (BiOp) will simply add to the millions of sick and dead juvenile salmon already lost due to the Klamath Irrigation Project. High infection prevalence of the deadly salmon parasite Ceratomyxa nova has been directly linked to the Project and its effect upon natural flows in the river,” according to a statement from the Tribe.

“The juvenile fish kills in 2014 and 2015, while not as noticeable to the naked eye as dead adults on the banks, are as devastating to Hupa people as the 2002 adult fish kill,” said Chairman Ryan Jackson.

Meanwhile, the Brown and Obama administrations are pushing a plan that threatens the San Francisco Bay-Delta and Klamath and Trinity rivers, the California Water Fix to build the Delta Tunnels. The plan would hasten the extinction of Central Valley steelhead, Sacramento River winter run Chinook salmon, Delta and longfin smelt and green sturgeon, as well as imperil the salmon and steelhead populations on the Trinity and Klamath rivers.

Yurok Tribe Bans GMOs and Frankenfish

Yurok Tribe Bans GMOs and Frankenfish

by | Dec 29, 2015 | Indigenous Autonomy

By Dan Bacher / Intercontinental Cry

Featured image: Salmon Barbecue at the 53rd Klamath Salmon Festival (photo: Yurok Tribe/Facebook)

The Yurok Tribe, the largest Indian Tribe in California with over 6,000 members, has banned genetically engineered salmon and all Genetically Engineered Organisms (GEOs) on their reservation on the Klamath River in the state’s northwest region.  The Yurok ban comes in the wake of the federal Food and Drug Administration (FDA) decision on November 19 to approve genetically engineered salmon, dubbed “Frankenfish,” as being fit for human consumption, in spite of massive public opposition to the decision by fishermen, Tribes, environmental organizations and public interest organizations.

On December 10, 2015, the Yurok Tribal Council unanimously voted to enact the Yurok Tribe Genetically Engineered Organism (“GEO”) Ordinance. The vote took place after several months of committee drafting and opportunity for public comment, according to a news release from the Tribe and Northern California Tribal Court Coalition (NCTCC).  This ordinance is apparently the first of its kind in the U.S. to address the FDA’s approval of AquaBounty Technologies’ application for AquAdvantage Salmon, an Atlantic salmon that reaches market size more quickly than non-GE farm-raised Atlantic salmon, as well as all GMOs.

“The Tribal GEO Ordinance prohibits the propagation, raising, growing, spawning, incubating, or releasing genetically engineered organisms (such as growing GMO crops or releasing genetically engineered salmon) within the Tribe’s territory and declares the Yurok Reservation to be a GMO-free zone. While other Tribes, such as the Dine’ (Navajo) Nation, have declared GMO-free zones by resolution, this ordinance appears to be the first of its kind in the nation,” the Tribe said.

“On April 11, 2013, the Yurok Tribe enacted a resolution opposing genetically engineered salmon, and then secured a grant from the National Congress of American Indians (NCAI) to support the Tribe’s work in continuing to protect its ancestral lands, including: waters, traditional learning and teaching systems, seeds, animal-based foods, medicinal plants, salmon, sacred places, and the health and well-being of the Tribe’s families and villages. GMO farms, whether they are cultivating fish or for fresh produce, have a huge, negative impact on watersheds the world over,” the Tribe stated.

“The Yurok People have managed and relied upon the abundance of salmon on the Klamath River since time immemorial. The Tribe has a vital interest in the viability and survival of the wild, native Klamath River salmon species and all other traditional food resources,” the release said.

James Dunlap, Chairman of the Yurok Tribe, said, “The Yurok People have the responsibility to care for our natural world, including the plants and animals we use for our foods and medicines.  This Ordinance is a necessary step to protect our food sovereignty and to ensure the spiritual, cultural and physical health of the Yurok People. GMO food production systems, which are inherently dependent on the overuse of herbicides, pesticides and antibiotics, are not our best interest.”

The Ordinance allows for enforcement of violations through the Yurok Tribal Court. Yurok Chief Judge Abby Abinanti stated, “It is the inherent sovereign right of the Yurok People to grow plants from natural traditional seeds and to sustainably harvest plants, salmon and other fish, animals, and other life-giving foods and medicines, in order to sustain our families and communities as we have successfully done since time immemorial; our Court will enforce any violations of these inherent, and now codified, rights.”

The Yurok Tribe is working with other Tribes in a regional collaborative as part of the Northern California Tribal Court Coalition (NCTCC), and the Tribe and NCTCC are co-hosting an Indigenous Food Sovereignty Summit in Klamath in the spring of 2016. A signed copy of the ordinance can be found on NCTCC’s website.

The Tribal Council passed the ordinance at a critical time for West Coast salmon and steelhead. The Klamath River, located on the Tribe’s homeland, is plagued by massive algal blooms, exacerbated by agricultural runoff and antiquated hydroelectric dams, that turn the river toxic each summer. The Tribe is working with other Tribes, environmentalists, fishing groups and elected officials to remove four dams on the Klamath River to restore the river’s salmon, steelhead and other fish populations. The Tribe in September withdrew from the controversial Klamath Agreements and in December announced it “strongly opposes” draft legislation from US Representative Greg Walden of Oregon to address Klamath River Basin water issues.

The Klamath’s salmon and other fish populations are also threatened by Jerry Brown’s California Water Fix to build the Delta Tunnels. The massive tunnels proposed for construction under the Sacramento-San Joaquin River Delta, the largest estuary on the West Coast of the Americas, would export water to corporate agribusiness interests, Southern California water agencies and oil companies conducting fracking and other extreme oil extraction methods in Kern County.

A large proportion of the water of the Trinity River, the Klamath’s largest tributary, is diverted from Trinity Reservoir to the Sacramento River basin via Whiskeytown Reservoir to irrigate almonds, pistachios and other crops on drainage impaired land in the Westlands Water District on the west side of the San Joaquin Valley. The giant tunnels would imperil Chinook salmon, coho salmon, steelhead and lamprey populations on the Trinity and Klamath rivers, as well as hastening the extinction of Sacramento River winter-run Chinook salmon, Central Valley steelhead, Delta and longfin smelt, Sacramento splittail and green sturgeon populations.