What good are #TreatyRights if the fish are poisoned?

Monday, July 14, 2025
By George Ochenski, Daily Montanan

"By virtually any measure, the #ConfederatedSalishKootenai Tribal Nation is an incredible success story against all odds. Forcibly removed from their homeland in the Bitterroot Valley, despite not having waged war against the white settlers or army, their own '#TrailOfTears' brought them to the Flathead Valley to live within the boundaries of the vastly reduced lands they retained in the #HellgateTreatyOf1855.

"Although the #HellgateTreaty is widely regarded as one of the best treaties signed by any of the nation’s #IndigenousPeople, even land supposedly reserved for the exclusive habitation of the #SalishKootenai was opened to purchase by non-tribal #settlers by the #DawesAct of 1887.

"The act’s intentions were to allocate reservation lands the tribes already owned to individual families as private property and, as part of the 'civilization' of #NativeAmericans, it required tribal members to register with the federal government to receive their 'allotment.'

"The entire debacle was part of the #AllotmentAndAssimilationEra from 1887 to 1934. Simply put, the federal government’s plan was to force Native Americans to be 'assimilated' into #EuropeanAmerican culture.

"Importantly, any reservation lands not allocated to tribal members was deemed
'surplus' land and opened to purchase by non-tribal settlers. This excursion into #ReservationLands was further exacerbated by the ability of tribal members to sell their allotment parcels to non-tribal members.

"The fracturing of the Salish-Kootenai’s tribal lands through sales to non-tribal members continues to cause serious problems today, including the long and on-going battle to retain their #water, #hunting and #fishing #TreatyRights.

"Article III of the Hellgate Treaty could not be more clear regarding the Tribe’s fishing rights: 'The exclusive right of taking fish in all the streams running through or bordering said reservation is further secured to said Indians; as also the right of taking fish at all usual and accustomed places…'

"Yet, just last month the Confederated Salish-Kootenai Tribal Nation issued a very serious warning to tribal members regarding the fish they have treaty rights to catch because they are poisoned.

CSKT Fish Consumption Advisory

"The Confederated Salish and Kootenai Tribes issued a fish consumption advisory on June 24, 2025, warning tribal citizens not to eat fish due to the presence of Polychlorinated biphenyls (#PCBs), #dioxins and #furans at levels deemed unsafe for humans: Source: Confederated Salish and Kootenai Tribes

"The #FishConsumptionAdvisory urges 'all tribal members to avoid consuming all species and sizes of fish harvested from the lower Clark Fork River from the Bitterroot River near Missoula to the Flathead River near Paradise. Recent testing has confirmed the presence of polychlorinated biphenyls, dioxins and furans in fish at levels that are unsafe for consumption by Tribal peoples. It is also advisable to avoid consuming rainbow trout and northern pike harvested from the Bitterroot River and the upper Clark Fork River above the Bitterroot River to Rock Creek, and, to avoid consuming rainbow trout from the Blackfoot River.

"As the Advisory explains: 'These contaminants pose a health risk to all fish consumers, and an even greater health risk to the most sensitive members of the Tribal population including women of child bearing age, pregnant nursing women, and young children. These contaminants have been linked to negative health effects in the immune, and nervous systems and may be associated with birth defects…PCBs and dioxins are classified as probable and definite #HumanCarcinogens, respectively.'

"So what good are treaty fishing rights if you can’t eat the fish because they’re poisoned? Are they really 'rights' — or is this just another in our nation’s long and shameful history of abrogating its treaties with Native Americans?

"Moreover, #Montana’s poison fish affect us all. Just as our government has failed the Salish-Kootenai, they have likewise failed to uphold our rights to the 'swimmable/fishable waters' guaranteed by the #CleanWaterAct — because no one, tribal or non-tribal, is immune to poisoned fish."

Source:
https://indianz.com/News/2025/07/14/george-ochenski-another-shameful-chapter-in-treatment-of-tribal-nations/

Add #SovereignTribalNations to the list of 25 states resisting #Trump's #BudgetCuts !

#NativeCommunities could lose $24.5B under #Trump administration proposal
If upheld by the courts, the proposed freeze on #FederalGrants would affect nearly every tribe

by Amelia Schafer

Excerpt: " 'Nearly all Tribes would be affected by a federal grant freeze, with many facing the prospect of losing tens or even hundreds of millions of dollars — funding that is critical for supporting some of the most historically underserved communities in the United States,' the report concluded.

" 'When the federal government withholds funding from #Tribes and #NativeAmerican people, it’s not just a policy change. It’s a violation of those commitments — putting essential services at risk and undermining Tribal governing capacity.'

"A federal appeals court will decide if the administration has the legal authority to mass-suspend the grants, with arguments set in coming months in a lawsuit filed by the state of New York against President Donald Trump and his top administrators.

" 'as litigation around OMB’s funding freeze continues, it is essential that federal decisionmakers recognize the unique basis of funding for Tribes and #NativeAmerican people,' the report states. 'Funding to #IndianCountry is rooted in longstanding, legally-binding agreements between the United States and sovereign Tribal nations — not race, climate, or DEI.'

"At the beginning of President Donald Trump’s second term, the OMB issued a sweeping order announcing a halt to federal grants nationwide, throwing tribal programs into turmoil.

"Although the grant freeze was temporarily halted, the administration continues to push for its implementation, and tribes continue to report difficulties in accessing the already-approved funds, the report notes.

"The bulk of the at-risk funding is dispersed through programs such as the Department of Health and Human Services [#DHHS], the Bureau of Indian Affairs [#BIA] and the Bureau of Indian Education under the Department of the Interior, the Department of Commerce and the #EnvironmentalProtectionAgency.

"If the funding freeze clears legal hurdles, critical projects across the country will be at risk, the Brookings report said. These projects include a $35 million grant to the #OglalaSioux Tribe for #broadband development, a $3 million grant to urban #NativeHealth board for community health worker training, and a $200,000 grant to the #Chickahominy Indian Tribe for preliminary #engineering and #environmental work towards a #childcare center.

" 'This is the building block of how the U.S. government pays back tribes for the land it took,' Maxim said.

"The report does not include the sweeping cuts approved under Trump’s so-called '#BigBeautifulBill' by Congress, which includes cuts to #Medicaid, #FoodStamps and other social programs that include Native people as well as others, Brookings officials said.

"The Brookings Institution is a nonprofit, nonpartisan research organization based in Washington, D.C. Maxim co-authored the report with Glencora Haskins, research associate and applied research manager."

Read more:
https://ictnews.org/news/tribes-could-lose-24-5b-under-trump-administration-proposal/

#SanCarlosApache Tribe welcomes Federal Court ruling delaying trade of sacred Oak Flat to Chinese-backed #ResolutionCopper

By San Carlos Apache Tribe, Censored News, June 9, 2025

#SanCarlosApacheNation, #Arizona — "The San Carlos Apache Tribe welcomes Friday’s federal court ruling preventing the Trump Administration from trading sacred Oak Flat to Chinese-backed Resolution #CopperMining no sooner than 60 days after the government releases an environmental report expected to be published later this month.

"The #Trump Administration had indicated that it intended to trade 2,422 acres of #TontoNationalForest 70 miles east of #PhoenixAZ that includes Oak Flat to Resolution Copper immediately upon publication of the mine’s updated environmental report.

U.S. District Court Judge Dominic W. Lanza’s order 'preclude(s) the United States Forest Service from proceeding with the challenged land exchange until 60 days after the issuance of the Final Environmental Impact Statement, which is anticipated to be issued on June 16.'

" 'We are grateful that Judge Lanza has provided us an opportunity to be heard,' said San Carlos Apache Tribe Chairman Terry Rambler. 'The two-month window provides the Tribe an opportunity to file an amended lawsuit challenging the legality of the pending environmental report and request an injunction to stop the land exchange until the merits of our case are settled.'

"The Oak Flat land transfer was mandated by a last-minute amendment to the FY2015 #NationalDefenseAuthorizationAct that was added by the late Arizona Senator #JohnMcCain and former Arizona Senator #JeffFlake. The land transfer provision, which failed to pass Congress in previous years, avoided the normal course of business and was not debated before it was added to the mustsign [#NDAA] defense spending bill that was signed into law by President Barack #Obama.

" 'The bill that authorized the land exchange is not in the best interest of the American people, Arizona or the San Carlos Apache Tribe,' Chairman Rambler stated. 'We have filed this lawsuit because of our concerns of the mine’s massive use of groundwater, which will be devastating for both Arizona
and eventually the Tribe. We are also deeply concerned about the environmental destruction and the obliteration of Oak Flat will have on Apache culture and religion.'

"Resolution plans to collapse Oak Flat, known as Chi’chil Biłdagoteel in Apache, into a two-mile wide, 1,100-foot-deep crater. Chi’chil Biłdagoteel is listed in the National Register of Historic Places as a Traditional Cultural Place.

"Resolution Copper is owned by Melbourne-based #BHP (45%) and London-based #RioTinto (55%), the two largest mining companies in the world. The Chinese state-owned Aluminum Corporation of China, which spearheads China’s acquisition of strategic minerals worldwide, is Rio Tinto’s single largest investor with a 14.6% stake. Both BHP and Rio Tinto rely on China for the majority of their revenue.

" 'We fully expect Resolution’s copper to be exported to China, which poses a national security threat,' Chairman Rambler said. “The United States already exports 30 percent of the copper produced by U.S. mines because of a lack of copper smelting capacity.

"'The Trump Administration’s Oak Flat appraisal concludes that Resolution’s copper will be exported to southeast Asia,' Chairman Rambler added. 'It’s clearly in the best interest of the United States to withhold publication of the Resolution environmental report at least until there is a change in the ownership of this project to companies that are not reliant on China for more than half their business.' "

Source:
https://bsnorrell.blogspot.com/2025/06/san-carlos-apache-tribe-federal-court.html

#Fight4OurExistence #ProtectOakFlat #LandBack #sacredland #OakFlat
#SaveOakFlat #SanCarlosApache #Apache #ReligiousLiberty #NativeAmericans #FirstNations #CensoredNews #ReaderSupportedNews
#ProtectTheSacred #ApacheStronghold #NativeAmericanNews #NativeAmericans #RioTinto #CopperMining #Arizona #LeaveItInTheGround #ChichilBildagoteel #WesternApaches #BecketLaw #ResolutionCopper #USPol #MiningTheSacred #NationalForests #CorporateLandGrabs #CorporateColonialism #CulturalGenocide #McCainShame

When it comes to standing up to #Trump, I laud #Maine Governor #JanetMills. But when it comes to #Wabanaki #Sovereignty, building wind terminals on undeveloped islands (#SearsIsland / #Wahsumkik ), destroying untouched forests to supply #WesternMass with electricity, or building highways through farmland (#MDOT), we definitely DO NOT always see eye-to-eye!

Governor opposed to latest change to #SettlementAct backed by #WabanakiNations

by Emma Davis
Wed, April 9, 2025

"Discussion of legislation to afford the Wabanaki Nations more authority over their land revealed that Gov. Janet Mills does not support the change, presenting a steep path for a plan that otherwise has bipartisan support.

"After not testifying during the public hearing last week, the governor’s counsel, Jerry Reid, told the Judiciary Committee on Wednesday that Mills’ concerns stem from the inability to predict the future needs of state government, an issue also raised in written testimony from the #MaineDepartmentOfTransportation, which was made available after the hearing.

"When pressed by committee members, Reid said he doesn’t have a specific example of an infrastructure project that would warrant seizing tribal land but that, 'We need to write the law mindful of the potential for problems.'

"While Reid and Wabanaki leaders noted that progress has and continues to be made to improve the relationship between the state and Wabanaki Nations, Reid added, 'the fact that we have such a good relationship right now might not always be true.'

"The U.S. government can seize private property for public use, a principle known as eminent domain, however that authority is restricted by the Fifth Amendment of the U.S. Constitution, which requires just compensation for land taken, as well as some federal laws.

"The 1834 federal Indian Nonintercourse Act prohibited land transactions with tribes unless authorized by Congress. However, the 1980 Maine Indian Claims Settlement Act specified that that federal law was not applicable to the #HoultonBand of #Maliseet Indians, the #PassamaquoddyTribe and the #PenobscotNation.

"This is the act that has overall resulted in the Tribes being treated more akin to #municipalities than #SovereignNations. So far, sweeping changes to the act have failed due to opposition from Mills, but the governor, lawmakers and Wabanaki leaders have successfully made some targeted adjustments, including expanding tribal authority to prosecute crimes last year.

"The legislation being considered this session, #LD958, would amend the Settlement Act to prohibit the state from exercising eminent domain on trust and reservation land, which is protected under federal law, though fee land — or private property for which the owner owns the title — would still be subject to the state taking.

"The bill would also amend the 2023 #MikmaqNationRestorationAct to make this change for the Mi’kmaq Nation, which wasn’t included in the Settlement Act.

"On Tuesday, the Taxation Committee unanimously voted in favor of a bill to ensure equal tax treatment among all of the Wabanaki Nations, which Mills supports. #LD982 would provide the #MikmaqNation the same rights to sales tax revenue on its land that the other three tribes of the Wabanaki Nations were granted in 2022 through an amendment to the Settlement Act.
State hasn’t exercised this authority in decades, but argues it’s necessary

"The state hasn’t exercised eminent domain over #TribalLands since the #SettlementAct. However, testimony from Wabanaki leaders and state government officials underscore that it is a possibility."

Source:
https://www.yahoo.com/news/governor-opposed-latest-change-settlement-185134791.html

#MaineSettlementAct #EminentDomain #LandTheft #FirstNations #WabanakiConfederancy
#MaineFirstNations #Maine #MainePol
#NativeAmericanNews #TribalSovereignty #SaveSmilingHillFarm #SaveTheForests #MainePol

Bipartisan lawmakers, Wabanaki leaders propose next change to Settlement Act

by Emma Davis
Fri, April 4, 2025

"A bipartisan group of lawmakers presented legislation on Friday to prevent the state from being able to seize #Wabanaki land for public use without consultation.

"For the past several Legislative sessions, leaders of the Wabanaki Nations have worked with lawmakers to try to overhaul the 1980 #MaineIndianClaimsSettlementAct that has resulted in the tribes being treated more akin to municipalities than #SovereignNations.

"So far, sweeping change has failed due to opposition from Gov. #JanetMills, but the executive, lawmakers and Wabanaki leaders have successfully made some targeted adjustments, including expanding tribal authority to prosecute crimes last year.

"#LD958 represents the next area of focus, although an omnibus bill is still expected to be considered during the second regular session of the Legislature next year.

"Sponsored by House Minority leader Billy Bob Faulkingham (R-Winter Harbor) and bipartisan co-sponsors, LD 958 would amend the #SettlementAct and the 2023 #MikmaqNationRestorationAct — as the Mi’kmaq Nation hadn’t been included in the earlier act — to prohibit eminent domain, a protection already afforded to almost all other federally recognized tribes.

" 'Much of our land contains irreplaceable cultural, spiritual and ecological resources,' said #Passamaquoddy Tribal Rep. Aaron Dana, a co-sponsor of the bill who sits on the Judiciary Committee. 'This bill ensures those places are safeguarded and are not subject to #destruction or #appropriation. Too often in our history, our #TribalLands have been taken, divided and exploited under the guise of progress.'

"The U.S. government can seize private property for public use, known as eminent domain, however that authority is restricted by the #FifthAmendment U.S. Constitution, which requires just compensation for land taken, as well as some federal laws.

"Rep. Rachel Henderson (R-Rumford), a co-sponsor who sits on the Judiciary Committee, questioned whether the bill is in conflict with the Constitution. It is not, Faulkingham, tribal leaders and attorneys explained, because the Constitution outlines when eminent domain can be exercised but not that it can’t be further restricted.

" 'There’s nothing in the Fifth Amendment that prohibits a state from enacting laws that says we won’t do that,' Faulkingham said.

"LD 958 applies to land protected under federal law — trust and reservation land — but fee lands — private property for which the owner owns the title — would still be subject to state power of eminent domain. A constitutional amendment allows states to condemn individually owned plots within tribal reservations.

"Maine has seized Wabanaki land from the start of their intertwined histories, as the state territory today had first been inhabited by the Wabanaki people."

Read more:
https://www.yahoo.com/news/bipartisan-lawmakers-wabanaki-leaders-propose-204713964.html

#MaineSettlementAct #FirstNations #WabanakiConfederancy
#MaineFirstNations #Maine #MainePol #NativeAmericanNews #LandTheft
#PenobscotNation #PassamaquoddyTribe #HoultonBand of #Maliseets #MikmaqNation #Dawnland #TribalSovereignty