Supporting the Washington State Legislature to Adopt the Wildfire Prevention and Preparedness Act

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Res #:Committee:Submitted by:Title:                                 Pass →YesNoAmended/TabledTo NCAI
2020-13Natural Resources/LandsTaylor AalvikSupporting the Washington State Legislature to Adopt the Wildfire Prevention and Preparedness Act



 2020 Winter Convention 

Portland, Oregon 

RESOLUTION #2020 – 13 

“SUPPORTING THE WASHINGTON STATE LEGISLATURE TO ADOPT THE WILDFIRE PREVENTION AND PREPAREDNESS ACT” 

PREAMBLE 

We, the members of the Affiliated Tribes of Northwest Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants rights secured under Indian Treaties, Executive Orders, and benefits to which we are entitled under the laws and constitution of the United States and several states, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise to promote the welfare of the Indian people, do hereby establish and submit the following resolution: 

WHEREAS, the Affiliated Tribes of Northwest Indians (ATNI) are representatives of and advocates for national, regional, and specific tribal concerns; and 

WHEREAS, ATNI is a regional organization comprised of American Indians/Alaska Natives and tribes in the states of Washington, Idaho, Oregon, Montana, Nevada, Northern California, and Alaska; and 

WHEREAS, the health, safety, welfare, education, economic and employment opportunity, and preservation of cultural and natural resources are primary goals and objectives of the ATNI; and 

WHEREAS, Washington State has experienced catastrophic wildfires in recent years; and 

WHEREAS, such fires have destroyed life, property, and culturally significant resources; and

WHEREAS, Washington tribal trust resources and tribal rights are threatened by increased wildfire risks associated with forest disease and climate change; and 

WHEREAS, Washington tribal leaders have expressed concerns that wildfire extent and severity is destroying trust resources and impacting air and water quality for all species; and 

WHEREAS, ATNI Tribes have actively managed forests since time immemorial which has provided the knowledge base to restore current forest health; and 

WHEREAS, the Washington State legislature has drafted legislation which may be known as the “Wildfire Prevention and Preparedness Act;” and 

WHEREAS, forest health conditions will require sustained and long-term investments in order to reverse our forest health and wildlife crisis; and 

WHEREAS, the proposed act would dedicate funding to improve the health and resiliency of Washington’s forests; now 

THEREFORE BE IT RESOLVED, that ATNI supports state-wide forest health and fire protection activities on all Tribal, Federal, State, and private forests with the knowledge that these activities will be conducted in part with tribal governments and protect tribal resources from catastrophic fire loss; and 

BE IT FURTHER RESOLVED, that ATNI supports and encourages the Washington State Legislature to adopt a “Wildfire Prevention and Preparedness Act.” 

CERTIFICATION 

The foregoing resolution was adopted at the 2020 Winter Convention of the Affiliated Tribes of Northwest Indians, held at the DoubleTree by Hilton – Portland, Oregon, on January 27-30, 2020, with a quorum present. 

______________________________ ______________________________ 

Calling on the Council on Environmental Quality for Consultation on Proposed Regulation Changes Under the National Environmental Policy Act

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Res #:Committee:Submitted by:Title:                                 Pass →YesNoAmended/TabledTo NCAI
2020-12Natural Resources/LandsTaylor AalvikCalling on the Council on Environmental Quality for Consultation on Proposed Regulation Changes Under the National Environmental Policy Act


X

 2020 Winter Convention 

Portland, Oregon 

RESOLUTION #2020 – 12 

“CALLING ON THE COUNCIL ON ENVIRONMENTAL QUALITY FOR CONSULTATION ON PROPOSED REGULATION CHANGES UNDER THE NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)” 

PREAMBLE 

We, the members of the Affiliated Tribes of Northwest Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants rights secured under Indian Treaties, Executive Orders, and benefits to which we are entitled under the laws and constitution of the United States and several states, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise to promote the welfare of the Indian people, do hereby establish and submit the following resolution: 

WHEREAS, the Affiliated Tribes of Northwest Indians (ATNI) are representatives of and advocates for national, regional, and specific tribal concerns; and 

WHEREAS, ATNI is a regional organization comprised of American Indians/Alaska Natives (AI/AN) and tribes in the states of Washington, Idaho, Oregon, Montana, Nevada, Northern California, and Alaska; and 

WHEREAS, the health, safety, welfare, education, economic and employment opportunity, and preservation of cultural and natural resources are primary goals and objectives of the ATNI; and 

WHEREAS, the Council on Environmental Quality proposed major regulatory changes to the National Environmental Policy Act (NEPA) on January 10, 2020; and

WHEREAS, tribal trust resources and tribal rights could be threatened by the proposed changes to environmental review by the January 10, 2020 rule changes; and 

WHEREAS, the Council for Environmental Quality cites a need to facilitate more efficient, effective, and timely NEPA reviews; and 

WHEREAS, NEPA regulations and guidance have in fact been frequently updated with focus on clarification, timeliness, and brevity; and 

WHEREAS, the Council on Environmental Quality proposal shows an attempt to significantly restrict reviews spatially and temporally; and 

WHEREAS, the proposed changes are likely to substantially restrict environmental review and consideration of related impacts; and 

WHEREAS, the Council on Environmental Quality proposal can likely be contrary to the meaning and intent of NEPA; and 

WHEREAS, ATNI would like to understand how the Council on Environmental Quality has established its legal burden to make substantive changes to the meaning and intent of lawfully approved Congressional legislation; now 

THEREFORE BE IT RESOLVED, pursuant to Executive Order 13175, ATNI does hereby respectfully call upon the Council on Environmental Quality to consult with tribes on its regulatory proposal to change regulations under NEPA; and 

BE IT FURTHER RESOLVED, that ATNI wants to know how the proposed NEPA regulatory changes may impact treaty and/or trust resources of the tribes; and 

BE IT FINALLY RESOLVED, that ATNI is opposed to NEPA regulatory changes that would diminish protections for culturally significant resources of the Tribes. 

CERTIFICATION 

The foregoing resolution was adopted at the 2020 Winter Convention of the Affiliated Tribes of Northwest Indians, held at the DoubleTree by Hilton – Portland, Oregon, on January 27-30, 2020, with a quorum present. 

______________________________ ______________________________ 

Protect and Restore Snake River Salmon, Southern Resident Orcas, and Treaty Rights

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Res #:Committee:Submitted by:Title:                                    Pass →                     YesNoAmended/TabledTo NCAI
18-44Natural Resources/LandsTaylor AalvikProtect and Restore Snake River Salmon, Southern Resident Orcas, and Treaty Rights

TABLED

 TABLED 

2018 Annual Convention 

Worley, Idaho 

RESOLUTION #18 – 44 

“PROTECT AND RESTORE SNAKE RIVER SALMON, SOUTHERN RESIDENT ORCAS, AND TREATY RIGHTS” 

PREAMBLE 

We, the members of the Affiliated Tribes of Northwest Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants rights secured under Indian Treaties, Executive Orders, and benefits to which we are entitled under the laws and constitution of the United States and several states, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise to promote the welfare of the Indian people, do hereby establish and submit the following resolution: 

WHEREAS, the Affiliated Tribes of Northwest Indians (ATNI) are representatives of and advocates for national, regional, and specific tribal concerns; and 

WHEREAS, ATNI is a regional organization comprised of American Indians/Alaska Natives and tribes in the states of Washington, Idaho, Oregon, Montana, Nevada, Northern California, and Alaska; and 

WHEREAS, the health, safety, welfare, education, economic and employment opportunity, and preservation of cultural and natural resources are primary goals and objectives of the ATNI; now 

WHEREAS, as indigenous peoples we honor in all ways our relation to Creation and in that spirit acknowledge a sacred obligation to ensure all our relations are treated in a dignified manner that reflects tribal cultural values that have been passed down for countless generations; and

WHEREAS, the Nez Perce Tribe has been party to a number of lawsuits under the Endangered Species Act and has attempted many methods to develop, continue and/or restore the native Salmon runs that fall within its Treaty of 1855 and Usual and Accustomed areas; and 

WHEREAS, the Nez Perce Tribe has been attempting to bring back the Salmon runs to pre-dam levels; and 

WHEREAS, the Nez Perce tribe has, along with a number of states and federal agencies, taken action to ensure that the Native Salmon runs are available for the future generations of Nez Perce including spending enormous sums of money on this effort; and 

WHEREAS, the efforts by the numerous agencies and the tribe have achieved limited success in restoring the native Salmon runs; and 

WHEREAS, Snake River wild spring/summer chinook salmon have not met the Northwest Power Conservation Council’s recovery objectives, with smolt-to-adult returns at 1.1 percent since the year 2000 despite salmon recovery efforts; and 

WHEREAS, the Army Corps of Engineers agrees that breaching the dams has the highest probability of meeting federal salmon recovery objectives criteria, and since 1999, the National Marine Fisheries Service’s results demonstrated that Snake River dam breaching by itself is likely to lead to recovery of fall chinook and steelhead; and 

WHEREAS, chinook salmon comprise at least 80% of the diet of endangered southern resident orcas – more than 50% of it from the Columbia River basin (which includes the Snake River watershed) – and dwindling chinook runs are the leading cause for the decline of those orcas to a critically low breeding population of fewer than 30 individuals; and 

WHEREAS, the four lower Snake River dams have a benefit to cost ratio of 15¢ on the dollar, and sacrifice thousands of jobs and millions of dollars in potential benefits of a free-flowing river; and 

WHEREAS, power from the lower Snake River dams is rarely available to meet peak power demands and maintaining them diverts funds from other more reliable dams and restoration work; and 

WHEREAS, the Army Corps of Engineers needs no new authority to place the lower Snake River dams into a “non-operational” status and, further, has a fiduciary responsibility to do so; and 

WHEREAS, breaching the dams can be financed through existing debt reduction and credit mechanisms as a fish mitigation action by Bonneville Power Administration and is significantly easier and less costly than originally planned; and 

WHEREAS, the southern resident orcas and wild Snake River salmon are an integral part of the Pacific Northwest tribal culture and economy, and after 30 years of failed mitigation

efforts further delays will risk the extinction of our Southern Resident Orcas and wild Snake River salmon; now 

THEREFORE BE IT RESOLVED, that the ATNI hereby call upon the U.S. Army Corps of Engineers, Bonneville Power Administration, and federal trustees to begin removal of the earthen portions of the four lower-Snake River dams to restore Snake River salmon, southern resident orcas, and tribal treaty rights to take fish in all Usual and Accustomed areas; and 

BE IT FURTHER RESOLVED, that the ATNI calls upon Washington state congressional delegation and state elected officials to support the dam breaching process and to ensure a positive transition for the communities affected by the removal. 

CERTIFICATION 

The foregoing resolution was adopted at the 2018 Annual Convention of the Affiliated Tribes of Northwest Indians, held at the Coeur D’Alene Casino Resort Hotel – Worley, Idaho, on September 17-20, 2018, with a quorum present. 

______________________________ ______________________________ 

Oppose the Privatization of Municipal Watersheds

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18-43Natural Resources/LandsTaylor AalvikOppose the Privatization of Municipal WatershedsX

yes

 2018 Annual Convention 

Worley, Idaho 

RESOLUTION #18 – 43 

“OPPOSE THE PRIVATIZATION OF MUNICIPAL WATERSHEDS” 

PREAMBLE 

We, the members of the Affiliated Tribes of Northwest Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants rights secured under Indian Treaties, Executive Orders, and benefits to which we are entitled under the laws and constitution of the United States and several states, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise to promote the welfare of the Indian people, do hereby establish and submit the following resolution: 

WHEREAS, the Affiliated Tribes of Northwest Indians (ATNI) are representatives of and advocates for national, regional, and specific tribal concerns; and 

WHEREAS, ATNI is a regional organization comprised of American Indians/Alaska Natives and tribes in the states of Washington, Idaho, Oregon, Montana, Nevada, Northern California, and Alaska; and 

WHEREAS, the health, safety, welfare, education, economic and employment opportunity, and preservation of cultural and natural resources are primary goals and objectives of the ATNI; now 

WHEREAS, water is essential to all life; and 

WHEREAS, every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes; and 

WHEREAS, the demand for bottled water threatens the long-term ability of Municipal Watersheds to ensure a reliable source of water for residential, agricultural, and Tribal cultural uses, as well as to support salmon fisheries; and  

WHEREAS, the privatization of Municipal Watersheds threatens to ensure a reliable source of water for residential, agricultural, and Tribal uses, as well as to support the salmon fishery; and 

WHEREAS, both restrictions on bottled water production and the rejection of privatization of Municipal Watersheds are necessary to protect water supplies for present and future generations; and 

WHEREAS, water, and more broadly nature, are living beings that have the right to exist free from exploitation; now 

THEREFORE BE IT RESOLVED, that ATNI does hereby: 

 Recognize that water is essential to all life; 

 Recognizes that every human being has the right to safe, clean, affordable, and accessible water, adequate for human consumption, cooking, and sanitary purposes; 

 Recognizes the rights of nature to exist free from exploitation; and 

BE IT FURTHER RESOLVED, that ATNI opposes the privatization of Municipal Watersheds. 

CERTIFICATION 

The foregoing resolution was adopted at the 2018 Annual Convention of the Affiliated Tribes of Northwest Indians, held at the Coeur D’Alene Casino Resort Hotel – Worley, Idaho, on September 17-20, 2018, with a quorum present. 

______________________________ ______________________________ 

Opposing the Continuance of the Federal Permitting Process for the Proposed Millennium Bulk Terminal Coal Export Facility in Longview, WA

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18-42Natural Resources/LandsTaylor AalvikOpposing the Continuance of the Federal Permitting Process for the Proposed Millennium Bulk Terminal Coal Export Facility in Longview, WAX

no

 2018 Annual Convention 

Worley, Idaho 

RESOLUTION #18 – 42 

“OPPOSING THE CONTINUANCE OF THE FEDERAL PERMITTING PROCESS FOR THE PROPOSED MILLENNIUM BULK TERMINAL COAL EXPORT FACILITY IN LONGVIEW, WA” 

PREAMBLE 

We, the members of the Affiliated Tribes of Northwest Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants rights secured under Indian Treaties, Executive Orders, and benefits to which we are entitled under the laws and constitution of the United States and several states, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise to promote the welfare of the Indian people, do hereby establish and submit the following resolution: 

WHEREAS, the Affiliated Tribes of Northwest Indians (ATNI) are representatives of and advocates for national, regional, and specific tribal concerns; and 

WHEREAS, ATNI is a regional organization comprised of American Indians/Alaska Natives and tribes in the states of Washington, Idaho, Oregon, Montana, Nevada, Northern California, and Alaska; and 

WHEREAS, the health, safety, welfare, education, economic and employment opportunity, and preservation of cultural and natural resources are primary goals and objectives of the ATNI; now 

WHEREAS, Tribal Nations throughout the country continue to struggle to protect their lands, resources, sacred sites, and cultures in Federal permitting processes that too frequently authorize projects despite their threat to Tribes, and

WHEREAS, the tribes of ATNI have previously adopted Resolution #12-53, in September 2012, recognizing the potential negative impacts of coal export terminal proposals that have come to the Northwest; and 

WHEREAS, the tribes of ATNI have adopted Resolution #13-47, Opposing the Proposals for the Transportation and Export of Fossil Fuels in the Pacific Northwest, and Resolution #17-12, Reaffirming Opposition to Non-Refined Fossil Fuel Across and Export from the Pacific Northwest, based on the potential infringement and endangerment upon indigenous, inherent, and treaty-protected resources, impacts on human health, economies, sacred places, and our traditional ways of life; and 

WHEREAS, the State of Washington concluded within their Environmental Impact Statement that the proposed Millennium Bulk Terminal coal export facility would have significant deleterious impacts to tribal resources; and 

WHEREAS, the State of Washington denied Millennium Bulk Terminal’s application for a Section 401 Clean Water Act permit in September 2017; and 

WHEREAS, the US Army Corps of Engineers, responding to the State of Washington’s decision, suspended work on the Environmental Impact Statement, ESA, Tribal, and historic property consultations on September 27, 2017; and 

WHEREAS, Millennium Bulk Terminals has neither applied for, nor obtained, a Section 401 Clean Water Act permit since September 2017; and 

WHEREAS, the US Environmental Protection Agency has delegated Washington State with Clean Water Act authorities described in 33 U.S.C. SS1342(b)(1); and 

WHEREAS, the State of Washington’s Department of Ecology is the delegated Clean Water Act state agency as of February 4, 1987 by RCW 90.48.260; and 

WHEREAS, under Clean Water Act Section 510, an express non-preemption clause establishes that, except as expressly provided, nothing in the Act should read as limiting the States’ ability to adopt or enforce more stringent standards; and 

WHEREAS, the Clean Water Act Section 401(a) requires any applicant for a Federal license or permit, if its activity will result in a discharge into the navigable waters, to provide the licensing or permitting authority with a certification form from the State in which the discharge originates, that the discharge will comply with the Clean Water Act; and 

WHEREAS, the State of Washington has not issued a permit nor has a new application been made; and 

WHEREAS, the US Army Corps of Engineers has reopened review of the Environmental Impact Statement as well as the Endangered Species Act, Tribal and historic property consultations; and

WHEREAS, the US Army Corps of Engineers is prohibited from issuing a permit in the absence of Section 401 Clean Water Act compliance; and 

WHEREAS, Millennium Bulk Terminals has applied substantial political pressure at the US Senate level, as well as through federal and state lawsuits; and 

WHEREAS, Millennium Bulk Terminals has filed both state and federal court cases regarding the State of Washington’s authority to deny its permits; and 

WHEREAS, the courts should conclude their process prior to additional permit actions being taken; and 

WHEREAS, ATNI recognizes the US Army Corps of Engineers demonstrates the appearance of political interference in State’s rights as established by Congress; and 

WHEREAS, the US Army Corps of Engineers has not issued a public, formal legal statement in support of their actions to continue federal permitting processes; now 

THEREFORE BE IT RESOLVED, that ATNI opposes the US Army Corps of Engineers continuance of the federal permitting process for the proposed Millennium Bulk Terminal coal export facility in Longview, WA. 

TRIBES WIN KXL ORDER IN ROSEBUD SIOUX TRIBE V. TRUMP

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December 20, 2019
Categories: Environmental Protection (Climate Change), Native Lands, Religious Rights (Religious Freedom, Sacred Places, Repatriation), Tribal Sovereignty and Jurisdiction

https://www.narf.org/keystone-xl/?fbclid=IwAR27aTbfTLiglZwCoAS3UD53TbkymwKOwiTh2mPgCLhFeDfPuAMr5A9I5iA

On Friday, December 20, 2019, NARF and their clients, the Rosebud Sioux Tribe and the Fort Belknap Indian Community (the Tribes) received some great news from a Montana court. The federal court denied the United States federal government’s and the TransCanada’s (TC Energy) efforts to dismiss the Tribes’ case against the KXL Pipeline (Rosebud Sioux Tribe v. Trump).

NARF Staff Attorney Natalie Landreth praised the decision, “The court’s decision means that ALL of the tribes’ claims on the current permits will proceed. The only claims dismissed are the ones that the Tribes conceded should be dismissed because they were based on an old permit. So this is a complete win for the tribes on the motions to dismiss. We look forward to holding the Trump Administration and TransCanada accountable to the Tribes and the applicable laws that must be followed.”

NARF Staff Attorney Matthew Campbell also reacted to the news, “Of course, the treaties were agreed to by the president of the United States and ratified by the Senate, so the treaties clearly apply. The court rightly found that today.”

#HonorTheTreaties

Learn more about Rosebud Sioux Tribe v. Trump.

Ninth Circuit Court: EPA Broke the Law, Must Plan to Reduce Columbia and Snake River Temperatures

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EPA must protect Columbia Basin salmon and steelhead from dangerously warm river temperatures

Salmon leaping over Lyle Falls, photo by Peter Marbach
Salmon leaping over Lyle Falls, photo by Peter Marbach.

December 20, 2019 (Seattle, WA)—Today, the Ninth Circuit Court of Appeals ruled in favor of conservation and trade groups and ordered the U.S. Environmental Protection Agency (EPA) to protect Columbia basin salmon and steelhead from dangerously warm river temperatures. Warm water, caused by large, shallow reservoirs and intensifying climate change, threatens the Columbia and Snake rivers’ already imperiled salmon and steelhead.

The lawsuit was sparked by record-high water temperatures in recent years, including an incident in 2015 where 250,000 adult sockeye salmon died when the Columbia and Snake rivers became too warm. This year, hot water in the lower Snake River again killed many endangered Snake River sockeye.

Columbia Riverkeeper, Snake River Waterkeeper, Idaho Rivers United, Pacific Coast Federation of Fishermen’s Associations, and the Institute for Fisheries Resources brought the suit. The court found that EPA has failed to undertake its mandatory duty to issue a temperature TMDL, stating: “The time has come–EPA must do so now.”  The temperature TMDL, or Total Maximum Daily Load, is a Clean Water Act pollution plan designed to protect salmon from hot water in the Columbia and Snake rivers. 

“Because of today’s victory, EPA will finally write a comprehensive plan to deal with dams’ impacts on water temperature and salmon survival,” said Brett VandenHeuvel, Executive Director of Columbia Riverkeeper. 

“Our members’ livelihoods depend on healthy salmon runs,” said Glen Spain, Northwest Regional Director of the Pacific Coast Federation of Fishermen’s Associations and the Institute for Fisheries Resources. “It’s simply unacceptable to let hot water kill otherwise-healthy adult salmon before they can spawn. We’re glad EPA will finally do its job.”

“Hot water in the lower Snake and Columbia rivers has been a year-in, year-out problem for endangered salmon,” said Nic Nelson, Executive Director of Idaho Rivers United. “This victory will create more protections for endangered species that are an indelible part of our northwest way of life, culture, economy, and heritage.”

“This decision represents a clear victory for critically endangered salmon and steelhead populations” said Snake River Waterkeeper Buck Ryan. “EPA must now act to protect what remains of the once-magnificent anadromous fisheries on the Snake, Clearwater, and Salmon rivers by ensuring water temperatures stay cool enough to allow passage for spawning.

Columbia Riverkeeper, Snake River Waterkeeper, Idaho Rivers United, Pacific Coast Federation of Fishermen’s Associations, and the Institute for Fisheries Resources are represented by the law firm Advocates for the West. Advocates for the West litigates to protect western public lands, waters, and wildlife.  

For more information, visit columbiariverkeeper.org, snakeriverwaterkeeper.org, idahorivers.org, pcffa.org, ifrfish.org, and advocateswest.org.

###

Resources:
Background:

The Clean Water Act bans Columbia River temperatures over 68 degrees Fahrenheit. When water temperatures reach the 70s, salmon die. In 2003, EPA studied the causes of hot water in the Columbia and Snake rivers and began developing a legally enforceable plan to fix the problem. But dam operators objected and the plan was shelved. Why? EPA found that dams are the main cause of temperature problems. Thanks to today’s ruling, EPA will have to put that plan into action and protect salmon.

What is the law?

The Clean Water Act prohibits temperature in the Columbia River from exceeding 68 degrees. The Endangered Species Act is designed to protect critically imperiled species from extinction. But the government agencies in charge of the Columbia and Snake river dams aren’t obeying the law. Today’s ruling establishes that EPA is legally obligated to write a plan to bring the rivers’ temperature back in line with the needs of salmon—and the requirements of the Clean Water Act.

Opposing Oregon Senate Bill 444 and Any Other New Nuclear Power Plants in Oregon

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Res #: Committee: Submitted by: Title:         Pass → Yes No Amended/Tabled To NCAI
19-10 Natural Resources/Lands Taylor Aalvik Opposing Oregon Senate Bill 444 and Any Other New Nuclear Power Plants in Oregon X
Amended

 2019 Winter Convention 

Portland Oregon 

RESOLUTION #19 – 10 

“OPPOSING OREGON SENATE BILL 444 AND ANY OTHER NEW NUCLEAR 

POWER PLANTS IN OREGON” 

PREAMBLE 

We, the members of the Affiliated Tribes of Northwest Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants rights secured under Indian Treaties, Executive Orders, and benefits to which we are entitled under the laws and constitution of the United States and several states, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise to promote the welfare of the Indian people, do hereby establish and submit the following resolution: 

WHEREAS, the Affiliated Tribes of Northwest Indians (ATNI) are representatives of and advocates for national, regional, and specific tribal concerns; and 

WHEREAS, ATNI is a regional organization comprised of American Indians/Alaska Natives and tribes in the states of Washington, Idaho, Oregon, Montana, Nevada, Northern California, and Alaska; and 

WHEREAS, the health, safety, welfare, education, economic and employment opportunity, and preservation of cultural and natural resources are primary goals and objectives of the ATNI; and 

WHEREAS, since time immemorial, our economy, culture, religions and way of life has been centered around our fishing, hunting, and gathering resources, and the lands and waters upon which they depend, and we have been and remain careful and conscientious stewards over them to ensure their continued health and well-being; and 

WHEREAS, ATNI member Tribes depend on the natural resources of this region to sustain our way of life, rights to fish, hunt and gather, our economies, human health and fulfill our sacred obligation to protect our First Foods and our most precious natural resources, water; and 

WHEREAS, ATNI member Tribes work tirelessly to protect tribal members health, safety, welfare, and futures both within and external to tribal reservations; and 

WHEREAS, ATNI member Tribes recognize that, notwithstanding new smaller modular designs being developed in North America, all nuclear power requires nuclear fuel and generates nuclear waste; and 

WHEREAS, uranium mining, nuclear power and nuclear weapons production, and nuclear waste disposal has occurred in areas within or in close proximity to tribal lands without significant input or consideration of tribal interests or rights; and 

WHEREAS, the nuclear fuel cycle poses significant risks to human safety, human health, sacred foods & medicines, homelands, waterways, and the air relied upon by ATNI tribes due to its long-lived toxicity; and 

WHEREAS, Oregon law currently prohibits the construction of nuclear power plants in Oregon until “an adequate repository for the disposal of the high-level radioactive waste produced by the plant has been licensed to operate by the appropriate agency of the federal government” (ORS 469.595). If such a high-level radioactive waste repository is federally licensed, then the proposed nuclear plant in Oregon is subject to statewide voter approval (ORS 469.597); and 

WHEREAS, Oregon Senate Bill 444 would change Oregon’s law to allow Oregon cities and counties to pass ordinances allowing nuclear reactors of 300 megawatts or less in their jurisdiction without a permanent repository for the high-level radioactive waste they would create; and 

WHEREAS, Oregon Senate Bill 444 would also bypass the current requirement for statewide voter approval for new nuclear reactors in the state of Oregon; and 

WHEREAS, current Oregon laws provide important protections for tribal communities and the resources they rely upon who may face contamination from the construction and operation of new nuclear power plants and risks from orphaned nuclear waste; and 

WHEREAS, radioactive waste from the shuttered Trojan Nuclear Power Plant remains stored on the shores of the Columbia River, a testament to the difficulty of identifying a permanent repository for high-level nuclear waste; now 

THEREFORE BE IT RESOLVED, that ATNI opposes Senate Bill 444; and 

BE IT FURTHER RESOLVED, that ATNI hereby supports the basic principle that new nuclear power plants must demonstrate the availability of a deep geologic repository for high-level waste before gaining approval; and 

BE IT FURTHER RESOLVED, that ATNI has identified that nuclear waste often places a disproportionate pollution burden on tribal communities, and a county-level or city-level vote may not be the appropriate forum to address these challenges; and 

BE IT FINALLY RESOLVED, that ATNI calls upon the 2019 Oregon Legislature to reject Senate Bill 444 and any other new nuclear power plants in Oregon. 

CERTIFICATION 

The foregoing resolution was adopted at the 2019 Winter Convention of the Affiliated Tribes of Northwest Indians, held at the DoubleTree by Hilton – Portland, Oregon, on January 28-31, 2019, with a quorum present. 

______________________________ ______________________________ 

Leonard Forsman, President Norma Jean Louie, Secretary 

Promoting the Clean Energy and Carbon Reduction Policies in Washington

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Res #: Committee: Submitted by: Title:         Pass → Yes No Amended/Tabled To NCAI
19-09 Natural Resources/Lands Taylor Aalvik Promoting the Clean Energy and Carbon Reduction Policies in Washington X


 2019 Winter Convention 

Portland Oregon 

RESOLUTION #19 – 09 

“PROMOTING THE CLEAN ENERGY AND CARBON REDUCTION POLICIES IN WASHINGTON” 

PREAMBLE 

We the members of the Affiliated Tribes of Northwest Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants rights secured under Indian Treaties, Executive Orders, and benefits to which we are entitled under the laws and constitution of the United States and several states, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise to promote the welfare of the Indian people, do hereby establish and submit the following resolution: 

WHEREAS, the Affiliated Tribes of Northwest Indians (ATNI) are representatives of and advocates for national, regional, and specific tribal concerns; and 

WHEREAS, ATNI is a regional organization comprised of American Indians/Alaska Natives and tribes in the states of Washington, Idaho, Oregon, Montana, Nevada, Northern California, and Alaska; and 

WHEREAS, the health, safety, welfare, education, economic and employment opportunity, and preservation of cultural and natural resources are primary goals and objectives of the ATNI; and 

WHEREAS, Indigenous Peoples in the U.S., including 567 federally-recognized Tribes, are facing immediate and significant impacts from climate change; and 

WHEREAS, a growing body of literature illustrates the unique issues facing Tribes as a result of climate change, including the recently developed Primer on Climate Change and Indigenous Peoples, Guidelines for Considering Traditional Knowledges (TKs) in Climate Change Initiatives, and the special issue of the peer-reviewed journal Climatic Change, “Climate Change and Indigenous Peoples in the United States: Impacts, Experiences and Actions;” and 

WHEREAS, the transition to clean energy presents economic and community benefit opportunities that surpass further expansion of the fossil fuel economy; and 

WHEREAS, renewable sources of energy can have significant public health and other co-benefits that can help address pressing ecological and environmental justice challenges in sensitive ecosystems, Tribal governments, and Native American and rural communities in Washington and around the country; and 

WHEREAS, Tribes and Native Americans have unique experiences and energy expertise and, communities are at the frontline of climate change, but are often not included in policy conversations; and 

WHEREAS, equitable solutions exist to ensure shared benefits from renewable energy and a transition to a clean energy economy, including but not limited to; access to the financial services, community-based development of renewable energy, equitable pricing structures, community solar programs with low-income carve-outs, non-profit organization leadership, and access to public energy conservation facilities; now 

THEREFORE BE IT RESOLVED, that ATNI does hereby call upon all Washington state government officials, including state agencies to ensure that tribes are full partners in developing and implementing state policy to address mitigating and adapting to climate change in Washington; and 

BE IT FURTHER RESOLVED, that ATNI supports Washington state policy and programs that limit climate pollution, internalizes the external costs from that pollution, and invests proceeds in reducing climate pollution and promoting community benefit; and 

BE IT FURTHER RESOLVED, that ATNI members will proactively engage in advancing state efforts to reduce climate pollution and promote clean energy jobs by: 

1. Supporting Washington Tribes efforts to develop carbon policy legislation; 

2. Submitting letters of support from individual tribal governments to decision-makers; 

3. Participating in implementation processes where possible; 

4. Defending against opposition and efforts to weaken or repeal; 

5. Supporting the coordination and involvement of Washington Tribes; and 

BE IT FINALLY RESOLVED, that ATNI moves to support Washington Tribes in developing and promoting Washington State policy and legislation to reduce greenhouse gas emissions and invest proceeds in Washington’s clean energy economy and call on all Washington state government officials, including state agencies to ensure that Washington tribes are full partners in developing and implementing effective greenhouse gas reduction legislation. 

CERTIFICATION 

The foregoing resolution was adopted at the 2019 Winter Convention of the Affiliated Tribes of Northwest Indians, held at the DoubleTree by Hilton – Portland, Oregon, on January 28-31, 2019, with a quorum present. 

______________________________ ______________________________ 

Leonard Forsman, President Norma Jean Louie, Secretary 

Calling on the City of Tacoma and the State of Washington to Conduct a Supplemental Environmental Impact Statement to Analyze the Full Impacts of the Proposed Tacoma LNG Plant

/0 Comments/in , /by
Res #: Committee: Submitted by: Title:         Pass → Yes No Amended/Tabled To NCAI
19-08 Natural Resources/Lands Taylor Aalvik Calling on the City of Tacoma and the State of Washington to Conduct a Supplemental Environmental Impact Statement to Analyze the Full Impacts of the Proposed Tacoma LNG Plant X
Amended

 2019 Winter Convention 

Portland, Oregon 

RESOLUTION #19 – 08 

“CALLING ON THE CITY OF TACOMA AND THE STATE OF WASHINGTON TO CONDUCT A SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT TO ANALYZE THE FULL IMPACTS OF THE PROPOSED TACOMA LNG PLANT” 

PREAMBLE 

We, the members of the Affiliated Tribes of Northwest Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants rights secured under Indian Treaties, Executive Orders, and benefits to which we are entitled under the laws and constitution of the United States and several states, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise to promote the welfare of the Indian people, do hereby establish and submit the following resolution: 

WHEREAS, the Affiliated Tribes of Northwest Indians (ATNI) are representatives of and advocates for national, regional, and specific tribal concerns; and 

WHEREAS, ATNI is a regional organization comprised of American Indians/Alaska Natives and tribes in the states of Washington, Idaho, Oregon, Montana, Nevada, Northern California, and Alaska; and 

WHEREAS, the health, safety, welfare, education, economic and employment opportunity, and preservation of cultural and natural resources are primary goals and objectives of the ATNI; and 

WHEREAS, since time immemorial, our economy, culture, religions and way of life has been centered around our fishing, hunting, and gathering resources, and the lands and waters upon which they depend, and we have been and remain careful and conscientious stewards over them to ensure their continued health and well-being; and

WHEREAS, the tribes of ATNI depend on the natural resources of this region to sustain; our way of life, rights to fish, hunt and gather, our economies, human health and fulfill our sacred obligation to protect our First Foods and our most precious natural resources, water; and 

WHEREAS, the tribes of ATNI work tirelessly to protect tribal members health, safety, welfare, and futures both within and without tribal reservations; and 

WHEREAS, the tribes of ATNI recognize that liquefied natural gas (LNG) could provide a cleaner fuel for ships, trucks, or cars than other fuel sources; however, ATNI tribes cannot accept that tribes, their members and tribal lands are bearing a disproportionate share of the significant risks posed by LNG facilities; and 

WHEREAS, federal, state and local agencies are supporting LNG storage facilities in areas within, or in close proximity to, tribal lands without significant input or consideration of tribal interests or rights; and 

WHEREAS, LNG storage and the untested technology for such facilities pose significant risks to human safety, human health, and natural resources due to explosive risks, spill risks, and risks to the health of natural resources relied upon by ATNI tribes; and 

WHEREAS, LNG proponents are not fully analyzing and disclosing to ATNI tribes or the general public the risks posed by LNG to human safety, human health, and natural resources due to explosive risks, spill risks, and risks to the health of natural resources; and 

WHEREAS, the Northwest Tribes’ ancestral industry of fisheries relies on sustainable resources that will face detrimental impacts from the construction and operation of LNG storage and fueling facilities; and 

WHEREAS, the Proposed Tacoma LNG Plant continues to be constructed without the necessary permits and has changed significantly since the original environmental impact statement was completed including, but not limited to; increased use for marine applications, more ships proposed for fueling from the facility, changed mitigation which is inadequate to address fisheries impacts, additional fueling facilities where the applicants assured permitting authorities that was not part of the project and reduced peak shaving for utility customers; and 

WHEREAS, the changes are significant and lead to unanalyzed environmental impacts that most be analyzed in a supplemental environmental impact statement; and 

WHEREAS, significant shortfalls in the safety analysis have been identified by the Puyallup Tribe and other regional experts; now 

THEREFORE BE IT RESOLVED, that ATNI is opposed to the siting of the Proposed Tacoma LNG Plant; and 

BE IT FURTHER RESOLVED, that ATNI supports a strategy to document and disclose the true risks of construction and operation of LNG storage and distribution facilities to

accurately disclose the risks involved with such facilities and promote siting of such facilities in areas where such risks are not disproportionately absorbed by tribes and such risks are lessened for the public as a whole; and 

BE IT FURTHER RESOLVED, that ATNI has identified that several of the failures to document and disclose the risks of construction and operation of the LNG plant are best addressed through a supplemental Environmental Impact Statement (EIS) and, a complete analysis of environmental justice concerns and human health study, which have not been completed to date; and 

BE IT FURTHER RESOLVED, that ATNI calls upon the City of Tacoma to require a supplemental EIS and, the State of Washington and Federal authorities to urge the City of Tacoma to require a supplemental EIS or, conduct a supplemental EIS under their own authority, to be scoped accordingly through public comment; and 

BE IT FINALLY RESOLVED, that ATNI calls for all Federal, State and Local agencies to ensure compliance with all permitting requirements and conditions imposed upon the Proposed Tacoma LNG Plant by demanding the proponents cease construction activities. 

CERTIFICATION 

The foregoing resolution was adopted at the 2019 Winter Convention of the Affiliated Tribes of Northwest Indians, held at the DoubleTree by Hilton – Portland, Oregon, on January 28-31, 2019, with a quorum present. 

______________________________ ______________________________ 

Leonard Forsman, President Norma Jean Louie, Secretary