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  • Category Archives A Case of Nuts and Boldt
  • June 22, 2017 DOI New Federal Indian Policy?

    People send me stuff….

    Thanks to Liz Bowen this Indian news is getting around in cyberspace

    News from Klamath Basin Crisis.org 8-11-17

    Aug 12, 2017

    On June 22, 2017, the Department of Interior published a “Notice of Regulatory Reform” with an open public comment period on the Indian Reorganization Act .

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    Federal Indian Policy: “Mom Always Liked YOU best!”

    https://www.thenewamerican.com/…/26600-federal-indian-policy-mom-always-liked-…

    Jul 31, 2017Federal Indian Policy: “Mom Always Liked YOU best!” It’s 83 years late in coming, but at long last the Indian Reorganization Act of 1934 (IRA) is …

    full text below….

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    Thanks to Liz Bowen this Indian news is getting around in cyberspace

    News from Klamath Basin Crisis.org 8-11-17

    Aug 12, 2017

    Klamath Basin Crisis.org

    KBC News

    SEND COMMENTS NOW!!! Federal Indian Policy: “Mom Always Liked YOU best!”, Elaine Willman for New American, posted to KBC 8/11/17. “It’s 83 years late in coming, but at long last the Indian Reorganization Act of 1934 (IRA) is finally getting its first-ever review, and hopefully serious reform. IRA (48 stat. 984) forms the backbone of federal Indian policy across the country and has been extended, expanded, and abused far beyond the original intent of Congress…Johnny’s governments (tribes) may directly finance political parties, incumbents, or candidate election officials.

    Jimmy’s government may not.

    Johnny’s businesses are all tax-exempt and growing enormously. Jimmy’s businesses are taxed to the max. Johnny’s government members can hold elected office anywhere across the country, passing land use and taxation laws upon Jimmy that do not apply to Johnny. Johnny has priority over most of the river and water systems throughout the Western states because Johnny was here first, and Jimmy’s needs don’t matter — he shouldn’t exist.”   Willman’s Biography

    www.klamathbasincrisis.org

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    This West Is OUR West: Uniting Western States – Protecting Our Rights

    www.thiswestisourwest.com/

    On June 22, 2017, the Department of Interior published a “Notice of Regulatory Reform” with an open public comment period on the Indian Reorganization Act .

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    Presidential Executive Order on Reducing Regulation and Controlling …

    https://www.whitehouse.gov/…/2017/…/presidential-executive-order-reducing-regulati…

    Jan 30, 2017Presidential Executive Order 12291 on Reducing Regulation and Controlling Regulatory Costs … (b) For fiscal year 2017, which is in progress, the heads of all agencies are directed that the total incremental … DONALD J. TRUMP.

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    The good news is that on June 22, 2017, the Department of Interior published a “Notice of Regulatory Reform” with an open public comment period on the Indian Reorganization Act (IRA) and four other major federal statutes.

    The Notice reads: “This document also provides an overview of Interior’s approach for implementing the regulatory reform initiative to alleviate unnecessary burdens placed on the American people.”

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    UNNECESSARY BURDENS PLACED ON THE AMERICAN PEOPLE?

    Jan 23, 2015 – In 2013, A FEDERAL JUDGE ordered Washington state to replace nearly 1,000 culverts that block or impede fish passage along Western … it could cost WA State Taxpayers about $2.4 billion to replace

    IS $2.4 BILLION TO REPLACE FISH CULVERTS AN UNNECESSARY  BURDEN PLACED ON WA STATE TAXPAYERS?

    May 19, 2017 – “Fixing fish-blocking culverts under state roads will open up … COURT’S DECISION FORCES THE STATE TO SPEND BILLIONS TO REPLACE CULVERTS…

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    UNNECESSARY BURDENS PLACED ON THE AMERICAN CITIZENS?

    THE TAKING OF TAXPAYERS WATER IN WASHINGTON STATE, OREGON AND CALIFORNIA

    Behind My Back | High, Dry and Destitute

    www.behindmyback.org/2015/02/01/high-dry-and-destitute/

    Feb 1, 2015 – High, Dry and Destitute WA State citizens, private property owners and … category and have previously been posted on “behindmyback.org”.

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    full unedited text….

    News from Klamath Basin Crisis.org 8-11-17

    Aug 12, 2017

    Klamath Basin Crisis.orgKBC NewsSEND COMMENTS NOW!!! Federal Indian Policy: “Mom Always Liked YOU best!”, Elaine Willman for New American, posted to KBC 8/11/17. “It’s 83 years late in coming, but at long last the Indian Reorganization Act of 1934 (IRA) is finally getting its first-ever review, and hopefully serious reform. IRA (48 stat. 984) forms the backbone of federal Indian policy across the country and has been extended, expanded, and abused far beyond the original intent of Congress…Johnny’s governments (tribes) may directly finance political parties, incumbents, or candidate election officials.

    Jimmy’s government may not.

    Johnny’s businesses are all tax-exempt and growing enormously. Jimmy’s businesses are taxed to the max. Johnny’s government members can hold elected office anywhere across the country, passing land use and taxation laws upon Jimmy that do not apply to Johnny. Johnny has priority over most of the river and water systems throughout the Western states because Johnny was here first, and Jimmy’s needs don’t matter — he shouldn’t exist.”   Willman’s Biography

    www.klamathbasincrisis.org

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    full unedited text….

    Monday, 31 July 2017

    FEDERAL INDIAN POLICY: “MOM ALWAYS LIKED YOU BEST!”

    Written by  Elaine D. Willman

    It’s 83 years late in coming, but at long last the Indian Reorganization Act of 1934 (IRA) is finally getting its first-ever review, and hopefully serious reform. IRA (48 stat. 984) forms the backbone of federal Indian policy across the country and has been extended, expanded, and abused far beyond the original intent of Congress.

    In order to understand IRA and its major impacts on America, let me share an analogy. Imagine an American household with a single mom and a couple of sons, Johnny and Jimmy. One day Mom calls the family together to make an announcement. “Johnny, you were here first; Jimmy you were here second. Therefore, Johnny, you are more valuable and important than your brother. And Jimmy, you have intruded upon Johnny’s room, his life and his world, so a big chunk of everything you earn from now on and forever will be given to me, Mom, and I will redirect your earnings to Johnny. You really don’t belong here, Jimmy, because you were here second.”

    This is exactly what has been happening in our country for 83 years. Since the Tribes (Johnny) tell the government (Mom) that they were here first, the non-tribal inhabitants (Jimmy) have become second-class citizens.

    The mantra foisted upon Americans for decades is, “We were here first; you stole our land.” Neither is true. But even if it were true, the response as of 1789 should have been, “So what?” That was the way of the world in the 1600s under the Doctrine of Discovery. Life changed on this continent in September 1789.

    One could hardly call the poor souls arriving on the Mayflower and other ships to establish a new life on this continent, conquerors. They had fled religious oppression under a tyrannical king, and were seeking liberty, religious and individual freedom. These were the seeds that became the Great American Experiment. But for that “transgression,” apparently, Americans are to be forever damned.

    In my analogy, Mom is our Mother Country. Imagine that Mom’s folks come to visit their grandsons and discover the new household rules. Mom’s folks, representing our Founders, would be astonished. The seeds planted in the early 1600s by arrivals from Europe gave birth to the Framers of our Constitution and our republican form of government. Regardless of historical decisions, some right, some wrong, the reality is that the United States of America, as of September 1789, is our government, inclusive of the now 50 separate and sovereign states. Revisionist history has been common practice for far too long, but the actual reversal of history occurring today is the slumbering thunder creeping across this country.

    There is no tribal sovereignty recognized in the U.S. Constitution, but such sovereignty (just like Jimmy paying perpetual debt to Johnny) has acquired a power beyond the Constitution’s declared sovereign authority of individual citizens and states. States such as Washington, Montana, Idaho, and some Midwestern states have continually relinquished their state authority in deference to all tribal whims. Many states have created de facto “trust” relationships with tribes where none existed; only the federal government has a court ordered (but not constitutional) “trust” relationship with their “dependent wards — Indian tribes.”

    Johnny’s governments (tribes) may directly finance political parties, incumbents, or candidate election officials. Jimmy’s government may not. Johnny’s businesses are all tax-exempt and growing enormously. Jimmy’s businesses are taxed to the max. Johnny’s government members can hold elected office anywhere across the country, passing land use and taxation laws upon Jimmy that do not apply to Johnny. Johnny has priority over most of the river and water systems throughout the Western states because Johnny was here first, and Jimmy’s needs don’t matter — he shouldn’t exist.

    There is a wondrous Statue of Liberty in New York harbor that welcomes all to come, as the early Jamestown settlers, legally to the United States. We are a country forged and thriving by “intruders” from all over the world. Our republican form of government does not classify those who were here first as superior, nor does it distinguish a priority between the person naturalized yesterday as a full American citizen and the child born here five minutes ago. But federal Indian policy requires perpetual debt and shame for all who came second.

    And now we take a deeper look at the Indian Reorganization Act and its impact on the lives of American citizens. In 2009, the U.S. Supreme Court ruled in Carcieri v Salazar that IRA was intended to reorganize only those tribes on existing reservations and “now under federal jurisdiction” in June 1934. There were only some 65-70 actual Indian reservations in the United States in 1934. Therefore, the IRA was to reorganize only those 65-70 tribes, and no more. The Carcieri ruling was a political earthquake.

    The Department of Interior and Bureau of Indian Affairs have not just reorganized reservations in existence in 1934; they have federally recognized a current total of 567 tribal governments, each acquiring and expanding their reservations, each receiving tax exemptions, and each receiving money from Jimmy (“second-class” citizens).

    The response to Carcieri under the Obama administration was to utterly ignore it, along with other Supreme Court rulings where the High Court rolled back tribal governing authority, replacing state sovereign authority.

    The good news is that on June 22, 2017, the Department of Interior published a “Notice of Regulatory Reform” with an open public comment period on the Indian Reorganization Act (IRA) and four other major federal statutes. The Notice reads: “This document also provides an overview of Interior’s approach for implementing the regulatory reform initiative to alleviate unnecessary burdens placed on the American people.”

    No doubt Johnny’s 567 tribal governments and the entire Indian industry will be weighing in with their comments to legitimize and further expand decades of IRA unauthorized overreach.

    This is our very first opportunity to truly confront the erroneous and detrimental policies that one ethnicity that was here “first” is superior to all others in this country because all other ethnicities are intruders on this continent, and that communalism, socialism, and tribalism is preferable to individual liberty.

    It is imperative that states, counties, towns, and Jimmy — who lives within an Indian reservation — describe their “burden” at this time. If Jimmy stays silent, Jimmy’s wallet will continue to be annually poached for the expansion of tribalism as a governing system, replacing our constitutional republic form of government.

    Please get your comments on the record to the Department of Interior in one of two ways:

    1) Submit comments to the federal “eRulemaking Portal,” www.regulations.gov. In the Search box, enter the appropriate document number (DOI-2017-0003-0002). Or,

    2) Mail a hard-copy of your comments to: Office of the Executive Secretariat, ATTN: Reg. Reform; U.S. Department of Interior; 1859 C Street NW. MailStop 7328; Washington, DC 20240.

    All other Americans are up against 567 tribal governments with 400 more waiting in the wings for their recognition (not “reorganization”). How long must Jimmy owe his older brother who was here “first” and who seldom says “thank you,” and never says “enough”?

    I am not a secondary American citizen. Are you?

    Image: screenshots of advertisements at indiangaming.com

    Related videos and articles:

    Warpath: Obama’s Indian Policy Threatens All Americans, Both Tribal and Non-tribal Citizens 

     


  • Water for Fish vs. Water for People?

    Water for Fish vs.  Water for People?

     Aren’t people more important than fish? 

     If you’re a normal person, you’d answer “yes,

    people USUALLY are more important than FISH.” 

    HOWEVER, THE ISSUE OF “INSTREAM FLOW” ISN’T THAT SIMPLE.  IT ACTUALLY BOILS DOWN TO A VALUE JUDGMENT

    WA  STATE LAW IS CLEAR THAT INSTREAM FLOWS  “MUST” BE SET AT LEVELS THAT PROTECT AND PRESERVE FISH

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    WA STATE DEPT OF ECOLOGY

    Introduction to Instream Flows and Instream Flow Rules
    Answers to your basic questions,

    http://www.ecy.wa.gov/programs/wr/instream-flows/isf101.html

    What is an instream flow? Answer…

    Why are stream flows important? Answer…

    What is an “instream flow rule”? Answer…

    Are there instream flows set in my watershed? Answer…

    How could setting instream flows affect me? Answer…

    Are instream flows all about protecting fish? What about people? Answer…

    How are instream flow numbers determined? Answer…

    Why are instream flows sometimes higher than the flow in the stream? Answer…

    Why not set flow levels lower than the existing flows in the stream? Answer…

    What are the laws that allow Ecology to set flows by rule? Answer…

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    GOT QUESTIONS?  ECOLOGY’S GOT ALL THE BASIC ANSWERS

    Introduction to Instream Flows and Instream Flow Rules …

    www.ecy.wa.gov › Water Resources › Instream Flows In Washington

    This web page answers basic questions about instream flows and instream flow rules.

    Introduction to Instream Flows and Instream Flow Rules

    This web page answers basic questions about instream flows and instream flow rules.

    What is an instream flow? Answer…

    Why are stream flows important? Answer…

    What is an “instream flow rule”? Answer…

    Are there instream flows set in my watershed? Answer…

    How could setting instream flows affect me? Answer…

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    Are instream flows all about protecting fish? What about people?

    Answer…

    Washington state law requires that instream resources, including fish, have adequate flow levels to protect and preserve them.

    When setting flows, a lot of discussion centers around fish needs because fish are considered an “indicator species” – setting instream flow levels adequate for fish generally provides flows adequate for other instream resources. And fish needs can be more easily quantified by existing methods than other instream values.  This is why fish studies are usually the basis for determining instream flow numbers.

    Adequate stream flows are important for instream resources and values that directly impact people, including water quality, recreational activities like fishing, boating and swimming, and the scenic and aesthetic qualities of natural settings that Washington State is famous for. (Also see the question Why are stream flows important?)

    When making decisions about water right permits, it is necessary to know how much is needed and how much is available.  Adopting instream flow rules help Ecology determine whether there is enough water for additional out-of-stream uses and support local communities in managing their current and future water needs.

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    ISN’T INSTREAM FLOW REALLY AN ISSUE OF

    “WATER FOR FISH” VS. “WATER FOR PEOPLE”? 

     AREN’T PEOPLE MORE IMPORTANT THAN FISH? 

     IF YOU’RE A NORMAL PERSON, YOU’D ANSWER

     “YES, PEOPLE USUALLY ARE MORE IMPORTANT THAN FISH.” 

     HOWEVER, THE ISSUE OF INSTREAM FLOW ISN’T THAT SIMPLE. 

     IT ACTUALLY BOILS DOWN TO A VALUE JUDGMENT

    of what we want our world to look like.  Fish are in fact just one of many organisms that live in streams but they often offer a gauge of overall environmental health.

    Instream flow is an issue of water and river management – seeking ways to maintain healthy, diverse ecosystems that contribute to a high quality of life while sustaining our basic life functions and economies.  Accomplishing this goal is never easy, as it involves integration of scientific knowledge and societal demands within a set of legal limitations.

    But informed and effective instream flow management should afford a healthy, enjoyable existence for people while maintaining healthy, diverse aquatic resources.   It’s much more complicated than “keeping a little water in the creek for the fish.”

    Instream Flow Council

    Welcome to the Instream Flow Council (link as provided above by ecology)

    The Instream Flow Council (IFC) is a NON-PROFIT organization made up of state, provincial, and territorial fish and wildlife agencies working to improve the effectiveness of instream flow programs and activities for conserving fish and wildlife and related aquatic resources.

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    How are instream flow numbers determined? Answer…

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    Why are instream flows sometimes higher than the flow in the stream?

    Answer…

    While the amount of water in the stream is considered when determining instream flow numbers, they cannot be based solely on existing levels (see next question).

    STATE LAW IS CLEAR THAT INSTREAM FLOWS MUST BE SET AT LEVELS THAT PROTECT AND PRESERVE FISH and instream resources over the long-term.  The instream flows reflect levels that would be beneficial for fish if those flows were present in the stream.

    Actual stream flow levels naturally vary throughout the year due to seasonal changes and water use.  So the differences between the actual stream flows and instream flows will also vary throughout the year.

    If the instream flow number is high relative to the average stream flow in the stream in the summer, this does not mean that the instream flow number is wrong.  Rather it means that the stream will provide more fish habitat in wet years than in dry ones.  Protecting the occasional “good water year” is needed to preserve a healthy population of fish.  If we want to protect the habitat available in those good wet years, then the instream flow needs to be set at that higher flow level.

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    Why not set flow levels lower than the existing flows in the stream? Answer…

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    What are the laws that allow Ecology to set flows by rule?

    Answer…

    The legal authority to set instream flows by rule comes from laws passed by the state legislature, including:

    • Construction projects in state waters (RCW 77.57.020)
    • Water code (RCW 90.03.247)
    • Minimum water flows and levels (Chapter 90.22 RCW)
    • Water resources act of 1971 (Chapter 90.54 RCW, particularly section 020)
    • Watershed planning (RCW 90.82.080

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    The bottom line

    The nuts and the Boltd of it

    THE ISSUE OF “INSTREAM FLOW” IS REALLY VERY SIMPLE. 

    IT ACTUALLY BOILS DOWN TO A VALUE JUDGMENT

    NO MORE FISH BEFORE PEOPLE