DEFENDANT’S CONSOLIDATED OPPOSITION TO PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
Defendant Steven Mnuchin, in his official capacity as Secretary of the Treasury, hereby files this memorandum in opposition to the Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. 3) (“Chehalis Motion” or “Chehalis Chehalis Mot.”) filed by Plaintiffs Confederated Tribes of the Chehalis Reservatoin, Tulalip Tribes, Houlton Band of Maliseet Indians, Akiak Native Community, Asa’carsarmiut Tribe, and Aleut Community of St. Paul Island….READ THE FULL PLAINTIFF REPLY
Members of the public or media who wish to access the hearing on Plaintiffs’ Motion for a Temporary Restraining Order scheduled for today, April 24, 2020, at 3:00 p.m., may now access the hearing by dialing the court’s toll-free public access line: (877) 848-7030, access code 321-8747.
https://atnitribes.org/wp-content/uploads/2017/12/ATNI-logo.png00Tyrel Otthttps://atnitribes.org/wp-content/uploads/2017/12/ATNI-logo.pngTyrel Ott2020-04-24 23:27:042020-04-24 23:27:11DEFENDANT’S CONSOLIDATED OPPOSITION TO PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
Calling on the Washington State Governor and Legislature to Reform Water Rights for New Industrial and Commercial Users
2020 Winter Convention
Portland, Oregon
RESOLUTION #2020 – 14
“CALLING ON THE WASHINGTON STATE GOVERNOR AND LEGISLATURE TO REFORM WATER RIGHTS FOR NEW INDUSTRIAL AND COMMERCIAL USERS”
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, 90.44 Revised Code of Washington (RCW) describes the State of Washington’s process for the management of public groundwater; and
WHEREAS, Washington State provides for a permitting process for industrial or commercial purposes exceeding a specific use or quantity; and
WHEREAS, the State of Washington does not charge a market-rate fee to obtain public groundwater; and
WHEREAS, the State of Washington Senate passed SB 6091 in January 2018; and
WHEREAS, SB 6091 requires a $500 fee on wells and, in some places will limit withdrawals to an annual average of 950 gallons a day, as well as private well meters in some communities; and
WHEREAS, although SB 6091 represents a step forward for Washington water conservation, it does not address significant water withdrawals by industrial and commercial interests; and
WHEREAS, SB 6091 established RCW 90.44, “Streamflow Restoration,” which establishes methods for restoring streamflow in watersheds where water scarcity is a concern; and
WHEREAS, water ‘buy-backs’ have been occurring at a rate which establishes that there is a market and a value for public water resources; and
WHEREAS, the State of Washington does not establish a value or charge private commercial or industrial water developers a market rate for their withdrawals; now
THEREFORE BE IT RESOLVED, that ATNI does hereby call upon the Washington State Governor and the Washington State Legislature to reform water rights for new industrial and commercial water users; and
BE IT FURTHER RESOLVED, that ATNI calls upon the Washington State Governor and the Washington State Legislature to value public water resources appropriately to market rates; and
BE IT FINALLY RESOLVED, that ATNI requests the Washington State Governor and the Washington State Legislature to cease the practice of giving away public resources to private companies while charging private citizens for water use.
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.
https://atnitribes.org/wp-content/uploads/2017/12/ATNI-logo.png00Tyrel Otthttps://atnitribes.org/wp-content/uploads/2017/12/ATNI-logo.pngTyrel Ott2020-02-02 01:32:492020-02-02 01:32:54Calling on the Washington State Governor and Legislature to Reform Water Rights for New Industrial and Commercial Users
Supporting 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.
https://atnitribes.org/wp-content/uploads/2017/12/ATNI-logo.png00Tyrel Otthttps://atnitribes.org/wp-content/uploads/2017/12/ATNI-logo.pngTyrel Ott2020-02-02 01:23:402020-02-02 01:23:49Supporting the Washington State Legislature to Adopt the Wildfire Prevention and Preparedness Act
Calling on the Council on Environmental Quality for Consultation on Proposed Regulation Changes Under the National Environmental Policy Act
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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.
https://atnitribes.org/wp-content/uploads/2017/12/ATNI-logo.png00Tyrel Otthttps://atnitribes.org/wp-content/uploads/2017/12/ATNI-logo.pngTyrel Ott2020-02-02 01:17:422020-02-02 01:17:47Calling on the Council on Environmental Quality for Consultation on Proposed Regulation Changes Under the National Environmental Policy Act
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.”
https://atnitribes.org/wp-content/uploads/2020/02/NARF.Logo_.png1222952Tyrel Otthttps://atnitribes.org/wp-content/uploads/2017/12/ATNI-logo.pngTyrel Ott2019-12-21 20:07:122020-02-05 20:13:24TRIBES WIN KXL ORDER IN ROSEBUD SIOUX TRIBE V. TRUMP
Early this evening, the U.S. Senate passed the 2018 Farm Bill which included provisions to support Indian Country, Native producers, and communities. See the statement below from National Congress of American Indians (NCAI) President Jefferson Keel.
“This is a strong Farm Bill for Indian Country, and we welcome this bipartisan legislation that would increase tribal access to programs across the United States Department of Agriculture. We appreciate the tireless efforts of Chairman Hoeven and Vice Chairman Udall, who have worked closely with the Agriculture Committee, Chairman Roberts, Ranking Member Stabenow and many other members on this bill. Tribal governments are often the drivers of rural economies, and the opportunities presented in this legislation, including the establishment of the first USDA self-determination program, will provide a brighter future for those in and around Indian Country.”
-President Jefferson Keel, National Congress of American Indians
https://atnitribes.org/wp-content/uploads/2018/06/ncai_logo_0.jpg388629Tyrel Otthttps://atnitribes.org/wp-content/uploads/2017/12/ATNI-logo.pngTyrel Ott2018-06-29 19:43:122018-06-29 19:43:122018 Farm Bill Passes U.S. Senate
WASHINGTON, D.C. | Today, the Senate Committee on Indian Affairs (SCIA) announced the unanimous confirmation of Tara Mac Lean Sweeney as the Assistant Secretary for Indian Affairs at the Department of the Interior. The National Congress of American Indians applauds the swift confirmation of Ms. Sweeney following the SCIA vote to move the nomination to the full U.S. Senate earlier this month. The Office of the Assistant Secretary—Indian Affairs is a key office in the fiduciary responsibility of the federal government to American Indian and Alaska Native tribes.
https://atnitribes.org/wp-content/uploads/2018/06/ncai_logo_0.jpg388629Tyrel Otthttps://atnitribes.org/wp-content/uploads/2017/12/ATNI-logo.pngTyrel Ott2018-06-29 18:52:182018-06-29 18:52:18U.S. Senate Confirms Tara Mac Lean Sweeney as Assistant Secretary for Indian Affairs
