Monday, October 19, 2009

Issues & News Oct. 20, 2009

Pottawatomi vet: Soldiers wrongly taxed

Written by JoKAY DOWELL

SCRA 2006 Section 511e: FEDERAL INDIAN RESERVATIONS.—An Indian service member whose legal residence or domicile is a Federal Indian reservation shall be taxed by the laws applicable to Federal Indian reservations and not the State where the reservation is located (February 16, 2006).

TAHLEQUAH, Okla. – While browsing the Internet, Prairie Band Pottawatomi tribal citizen and U.S. Army veteran Richard Adame was surprised to find a news article about New Mexico legislation and subsequent negotiations with American Indian veterans in that state to restore state taxes wrongly deducted from their pay by the Department of Defense.
Adame immediately began to search for information on the law and contacted national media outlets, some veteran’s representatives and politicians. Adame said with the exception of Native American Times he was ignored because, he thinks, the law protecting American Indian military pay is virtually unknown by all.
“Two years after I retired, I found out that I and every other Native American who claimed the reservation as our homes were illegally taxed. But, no one seems to know. . . I contacted a few vet reps and they never heard of this. This injustice was not even known to us ground pounders. We were just doing our jobs. How were we supposed to know that we were being illegally taxed?” he said. “I grew up in Kansas on the reservation and joined the Army out of a sense of patriotism and pride in my country. Most of the men and women in my family served in the Armed Forces.
Deduction of state income taxes from the pay of American Indian veterans living on reservation land at the time of their entrance into active duty service was first prohibited by federal law under the Soldiers and Sailors Civil Relief Act of 1940, Section 514, and continued under the newer version of the law, the Service members Civil Relief Act of 2006, section 511e. Other laws and legal opinions uphold the protection of that pay.
But according to language in HR 5275 introduced to the United States 108th Congress in October 2004 by New Mexico Democratic Senator Tom Udall, the DoD withheld state income taxes anyway. HR 5275 intended to restore the pay of all American Indian veterans across the country from whose pay state taxes were wrongly deducted.
“The law is now well established that this policy was wrong and, in keeping with tribal sovereignty, the policy of withholding state taxes on these soldiers’ pay was changed. This position is reflected in administrative opinions, Fatt v. Utah, 884P2d 1233 (Utah 1994), a 2000 Department of Justice opinion, a Department of Defense policy instituted in 2001, and most recently, in Public Law 108-189, a law that passed this House unanimously,” Udall said in his introduction of HR 5275 to the House Armed Services Committee.
While the DoD stopped the improper taxation of those veterans in 2001, the changes did not apply retroactively for veterans whose pay was taxed prior to that year. A statute of limitations could present obstacles as well.
“The result is that hundreds, perhaps thousands, of tribal members whose state taxes were improperly withheld during their service to our country are unable to recover the money that is owed to them,” Udall stated.
Sadly, HR 5275 faced immediate death in the 108th HASC for lack of support. Since then, no action has been taken to restore the pay of reservation-based American Indian veterans outside of New Mexico.
Adame has questioned whether restoration of the veterans’ pay might be settled legally with a class action lawsuit but would rather see Congress step up to reintroduce legislation like HR 5275 and bring justice to all American Indian veterans.
“This story concerns all Native Americans who ever served in the U.S. Armed Forces,” he said. “We were unjustly and illegally taxed by our individual states while serving in uniform.”
In Oklahoma, the topic of taxation of American Indians has always been controversial but was settled unanimously by the U.S Supreme Court in the 1993 case, “Oklahoma Tax Commission v. Sac and Fox,” filed by attorney William Rice, associate professor of law and co-director of the Native American Law Center, University of Tulsa College of Law.
“The state lost,” Rice said. “How the veterans’ case would play out is arguable. But obviously Oklahoma has no authority to levy the tax in the first place and the SSCRA should protect them in the second.”
Rice said the Court generally has ruled that the Constitution and federal law place the tribal relationship with the federal government and not states, at least in areas defined as Indian Country, a legal term applying to allotments, tribal lands, reservations and other categories of Indian-owned properties.
Oklahoma Tax Commission law now states active duty pay is exempt when:
“The income is compensation paid to an active member of the Armed Forces of the United States, if the member was residing within his tribe’s “Indian Country” at the time of entering the Armed Forces of the United States, and the member has not elected to abandon such residence.”
Rice thinks there would be even more affected veterans in Oklahoma than in New Mexico.
“I suggest many of them would be residents of Indian Country when they joined up,” he said.
Adame wants his pay and that of all other American Indian veterans restored and is hoping affected veterans will contact tribal, regional and national veterans’ organizations to make them aware of the law. He said veterans should also contact their Congressional representatives to request they reintroduce and support legislation like HR 5275. He also posted online a petition to restore the veterans’ pay.
Adame hopes the new Obama administration will walk its talk as it promised to respect Indian sovereignty and honor tribal nations’ government-to-government relationship.
First Lady Michelle Obama told employees at the Interior Department in February that American Indians have a “wonderful partner in the White House right now,” and her husband plans to improve that relationship even more, according to an Associated Press story.
Adame wants American Indians in political office to help rectify the wrongs against him and other veterans.
“These newly appointed government Native American politicians and advocates must also stand up for us, the cheated veterans."
http://nativetimes.com/index.php?option=com_content&task=view&id=1223&Itemid=55

Contributed by Abeartracks@aol.com via JoKay Dowelljokaydowell@sbcglobal.net.
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Teresa Anahuy
http://groups.yahoo.com/group/FirstPeoplesNews

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Update 9-15-09: Sweat lodge deaths investigated as homicides........AND........CNN takes cameras INSIDE Sweat Lodge Ceremony, Sept 14th
On the evening of September 14, CNN interviewed Vernon Foster (Klamath/Modoc) regarding the two deaths in the sweat lodge in Sedona, Az.



It is unfortunate that CNN choose to air this sequence that continues the plagiarism of Native ceremonies. In this sequence, Foster has allowed CNN to bring video cameras INSIDE the sweat lodgeDURING a sweat ceremony. Anyone who runs sacred ceremonies should know that filming or photographs of any kind, at any time, isNOT acceptable.



His actions have made this issue worse. Unknowing people viewing this program, will now be under the impression it is acceptable to film ceremonies. It’s bad enough that James Arthur Ray is selling and plagerisizing Native ceremony for his own benefit, unfortunately killing two people, now a Native American in Sedona that SHOULD know better, is allowing filming. This issue in Sedona is completely out of control.



Instead of interviewing and explaining to CNN, what Ray was doing was wrong charging for money, this was NOT a traditional Native sweat, plastic tarps are never used and that Ray was plagiarizing Native ceremonies in his newage “retreat”, Foster choose to add fuel to the fire and bring cameras inside the lodge. What was he thinking?



Decide for yourselves, you can view the video at the following link:

http://www.cnn.com/2009/US/10/15/arizona.sweat.lodge/index.html#cnnSTCVideo

If anyone is interested here is one of Fosters websites http://www.indigenouspeoplesresourcefoundation.org/BuffaloHeartProject.html



Sweat lodge deaths investigated as homicides



CNN) -- An investigation into the deaths of two people who spent up to two hours inside a "sweat lodge" at an Arizona retreat last week has been elevated from an accidental death investigation to a homicide inquiry, Yavapai County Sheriff Steve Waugh told reporters Thursday.

Authorities said James Shore, 40, of Milwaukee, Wisconsin, and Kirby Brown, 38, of Westtown, New York, died Friday at the Angel Valley Resort after spending up to two hours in the sauna-like sweat lodge. Nineteen others were treated for injuries. One person remained hospitalized Thursday in critical condition, Waugh said.

The dead and injured were attending a program by self-help author James Arthur Ray, authorities said.

A search warrant was executed Wednesday at the James Ray International offices in Carlsbad, California, the sheriff said. Authorities were attempting to determine whether documents exist on how to construct sweat lodges and on their proper use, as well as documents showing whether participants were advised of the risks of sweat lodges either before or during the program. They also were searching for rosters from past events, Waugh said.

Police would not say what, if anything, was found in executing the search warrant. Watch what goes on inside the 'sweat lodge' »

Asked why the deaths have been classified as homicides and the investigation upgraded, Waugh said, "We believe there are indications that it was not accidental, and ... we feel that there should be some culpability on some individuals."

Those individuals could include Ray and possibly others, he said.

A spokesman for Ray said authorities should be focusing on the investigation rather than talking to reporters. "The Sheriff's Department is trying this case in the media," said Howard Bragman, noting that Thursday's news conference was the sheriff's second this week.

"There were no additional facts presented today; there were implications. I find words like 'homicide' -- when they don't have all the facts -- inflammatory and inappropriate at this time, and I think they're purposely inflammatory. ... Let's show as much zeal with the investigation and getting to the facts as they have in trying to tar my client," Bragman said.

The sweat lodge was meant to be a "spiritual awakening" exercise for the participants in the "Spiritual Warrior" program, Waugh said.

A sweat lodge is a dome-like structure covered with tarps and blankets. Hot rocks and water are used to create steam in the enclosed environment.

The owners of the resort built the sweat lodge, Waugh said, under Ray's direction. A nurse on Ray's staff was present during the event, police have said.

At least one of those who died was in the back of the structure, Waugh said. Ray was positioned near its door. There were no seats, he said; participants either sat or lay on the floor.

On Tuesday, Ray said he has hired his own investigators to determine what happened at his Arizona retreat, located in a secluded valley 20 minutes from Sedona. "I have no idea what happened. We'll figure it out," Ray said. "I've lost people I love and really care about."

Ray is the author of the best-selling book "Harmonic Wealth: The Secret of Attracting the Life You Want." Ray, described on his Web site as a "personal success strategist," has appeared on CNN's "Larry King Live" and the "Oprah Winfrey Show," and is featured in the self-empowerment film "The Secret."

The use of sweat lodges for spiritual and physical cleansing is a part of several Native American tribes' cultures.

A traditional Native American sweat lodge is a small dome-like structure made of willow branches carefully tied together and covered in canvas. Rocks are heated in a nearby fire pit and placed inside the lodge, and water is poured over them to create steam.



http://www.cnn.com/2009/US/10/15/arizona.sweat.lodge/index.html





Tamra Brennan

Founder/Director

NDN News

www.NDNnews.com

www.protectsacredsites.org

www.protectbearbutte.com



NDN News is a grassroots organization which acts as an information hub and resource for many issues in Indian Country. We are dedicated to providing information featuring headline stories, on-going issues, action alerts, and upcoming events.



PROTECT BEAR BUTTE!!!!!!!!

Our Sacred Ground is NOT Your Playground!



"Our sacred lands are all that remain keeping us connected to our place on Mother Earth, to our spirituality, our heritage and our lands; what’s left of them. If they take it all away, what will remain except a vague memory of a past so forgotten?" ......excerpt from One Nation, One Land, One People by Tamra Brennan, 2006



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Press Release from Modoc Land Recovery Project - 10-15-2009
Press Release: October 15, 2009

Oregon Modocs Take First Step to Separate from Klamath Tribes and Form Own Government — Issue Country's First Tribal Declaration Based on UN Declaration of Rights of Indigenous Peoples

Approximately thirty Modoc Indians attended a meeting last Friday evening (10-09-2009) in the Klamath County Commissioner's Hearing Room in Klamath Falls, Oregon, where they listened to a presentation by Perry Chesnut in which he urged them to join the movement to reestablish Modoc self-government and sovereignty over their ancestral homelands by signing the Declaration of the Rights of the Free and Sovereign People of the Modoc Indian Tribe .

Chesnut, whose Indian name is Two Eagles, is a life-long social activist and champion of indigenous rights. In 1992, the late Miller Anderson adopted Chesnut into his family and made him a member of the Modoc Tribe. Miller Anderson is a direct descendant of Sloc-a-lot (known to white settlers as Chief George), who at the time of the Modoc Indian War of 1872-73 was the acknowledged La̕qi (Modoc for "Leader") or Headman of the Kokiwas Band of the Modoc Tribe.

The 11-page Declaration contains 46 Articles setting forth various inalienable rights preceded by a preamble containing 30 statements as to the reasons why the Declaration has been issued. It is believed to be the first such declaration issued by any Native American tribe or nation that is based on the provisions of the Declaration of the Rights of Indigenous Peoples(DRIP) approved by the UN General Assembly in September of 2007.

We must take decisive action to reassert our unique tribal and cultural identity

Mr. Chesnut opened the meeting by noting that the Modoc Indians of southern Oregon and northern California are living in a time of crisis. He stated that just two days before the meeting he had received a phone call from a Klamath Indian who "angrily told me that the Klamath Tribes are one people — that the Modoc Indians have no separate identity or culture, that they and the Klamaths are culturally indistinguishable."

"What could be more sacred to us than our unique identity as an Indian people? Yet that identity has been slowly slipping away for the last fifty or more years, being eroded and submerged into a mishmash of Indian peoples enrolled in the political organization known as the Klamath Tribes. And make no mistake, the Klamath Tribes is not a tribe. It is a political organization, an affiliation of three separate tribes, to which no law or moral imperative requires us to remain tied. Today very few people draw a distinction between the Klamath and Modoc peoples. Yet our Creator did distinguish between all other people and us, making us unique and giving us our own unique homeland and culture. We must take decisive action to reassert our unique tribal and cultural identity. And we must do it now, before it is too late."

Indisputable evidence of the unique identity and culture of the Modoc Indians

Mr. Chesnut noted archaeological evidence showing that the Modoc Indians have occupied southern Oregon and northern California continuously for the last 12,000 to 15,000 years and stated that there is no scientific evidence showing a similar history for the Klamath Indians. "Compared to us the Klamaths are relative newcomers to this region," Chesnut said.

Chesnut also cited ethnological field research by the University of Washington Laboratory of Anthropology in 1934 that concluded that the belief systems, values, patterns and practices of the Modoc Indians up to the time of the Modoc Indian War of 1872-73 "set their culture clearly apart from any other in the world, even from their immediate California neighbors."

Chesnut also cited a book titled Myths of the Modocs published in 1912, containing a large number of myths related to Jeremiah Curtin in 1884 by Ko-a-lak'-ak-a, a Modoc woman who was part of the group of Modocs exiled to Oklahoma at the close of the Modoc Indian War in 1873. According to the author's introduction to the 389 page book, "In childhood her grandfather had instructed her in the religion of her people, in other words, taught her all the myths of the Modocs, and to old age her tenacious memory retained many of them."

Chesnut stated that this book is "absolute proof" of the separate identity and culture of the Modoc people. As an example, he read from a passage in the story called "Kumush [Modoc for Creator] and His Daughter" that describes how the Creator made, named and gave to each of the Shasta, Pitt River, Warm Springs, Klamath and Modoc peoples their own lands and unique characteristics. Chesnut stated that the book is filled with mythical events that occurred at such places as Mt. Shasta, Lost River, Tule Lake, the Sycan River and Marsh, and Glass Mountain. "These references to culturally significant events associated with places can be used to verify and validate the extent and boundaries of our ancestral homelands," Chesnut said.

Chesnut also referred to the unique style and quality of Modoc baskets, which are prized by museums and collectors around the world. "It is not Klamath baskets that enjoy this distinction, but Modoc baskets."

Chesnut concluded this portion of his talk by stating: "It is beyond dispute that our people are a unique people with our own unique identity and culture. I have shared this with you because before we can do, we must be."

Declaration of the Rights of the Free and Sovereign People of the Modoc Indian Tribe

Holding up a copy of the Declaration, Chesnut stated that the document "is not a petition asking for relief from some higher authority, but a declaration of our fundamental rights as a people that reasserts our status as a unique tribe independent of any other." He said that it enumerates "specific God-given rights inherent to us as a tribe, including, but not limited to:

the recognition of our political sovereignty,
political and economic self-determination,
the restoration and control of our homelands, which cover an area of between 5,000 and 6,500 square miles and include three national forests
the right to protect our homelands and their resources from the detrimental actions of third parties,
the right to preserve and protect our culture, including our language, arts, religion and sacred places;
the right to bring home and reunite with our brothers and sisters who are living in exile in Oklahoma .
All of these rights can be boiled down to one overarching right — the RIGHT TO SELF-GOVERNMENT."

Chesnut declared, "Those who sign this document will be declaring their identity as a Modoc Indian, and they will be preparing the ground for the reinstitution of our own tribal government through the drafting, ratification and, if legally necessary, U.S. Government approval of our own constitution."

Constitution of Klamath Tribes 'fundamentally and fatally flawed'

Chesnut stated that the Constitution and Bylaws of the Klamath Tribes is "fundamentally and fatally flawed, and we will never be able to convince the ethnic Klamaths to fix it." He said that it is modeled on the constitutional framework offered to Indian tribes by the government under the Indian Reorganization Act of 1834. "What true government has 'bylaws'? Bylaws are something a club or a corporation have." He said that the Klamath Constitution creates a government with a weak single legislative body (General Council), a strong, directly elected executive body (Tribal Council) and a recently added Judicial branch. Chesnut stated that over the last ten years there has been a nationwide movement of tribes to reform their governments and rewrite their constitutions, moving away from the IRA model still in use by the Klamath Tribes.

Chesnut said that while such an IRA type constitution "might work" for some tribes, it has never worked for the Modocs. "As you all know, with the Lakes Treaty of 1864, the government forced the Modocs and Yahooskin Snake Band of Paiutes to remove to the Klamath Reservation, which was located entirely within the territorial boundaries of Klamath ancestral lands. This itself was a formula for failure, and, in fact was the most important cause of the [Modoc Indian] war and subsequent exile of our people to Oklahoma. But added to this is the fact that the three tribes, all of which have very different histories, beliefs, values and cultures, have been merged by this faulty constitution into a single General Council, in which all decisions are made or ratified by a simple one man one vote majority. The more than ten to one numerical superiority of the ethnic Klamaths over the ethnic Modocs and Yahooskins operates to effectively disenfranchise and subjugate them to ethnic Klamath rule."

A simple analogy

Chesnut asked those gathered at the meeting to imagine what would have happened if the founding fathers of the United States had not had the wisdom to create a bicameral legislative branch, "that is, if the Constitution did not provide for a U.S. Senate to act as a check on the power of the U.S. House of Representatives. Without a Senate, in which each state, regardless of population, has two senators, New York, California, Texas and two or three other states would make all the decisions, rendering the smaller population states effectively powerless, with representation in name only."

"This is the situation we Modocs and our Yahooskin brothers have faced for 136 years, and many of us, perhaps most, are tired of trying to work within a system that is structurally designed to make us powerless against the tyranny of the majority, who are the ethnic Klamaths."

The next step: 'our own constitution'

Chesnut said that after the Modoc people gain sufficient signatures on the Declaration, the next step will be to "draft and ratify our own constitution for the Modoc Tribe." He said that this process must be careful and deliberate because "if we just slap something together, we are likely to end up with a constitution just as bad or worse than the Klamath Tribes constitution we have now. We will need to hold numerous meetings to decide many difficult issues, such as how traditional and decentralized our government should or should not be, what particular governmental structures we need, and what our citizenship criteria will be. Above all, the constitution must reflect the values and culture of our people in order to have the legitimacy and stability necessary to promote political self-determination and healthy economic development."

The difficulty of our task — the inevitability of our freedom

During the question and answer session, Chesnut was told that many Modocs were afraid to sign the Declaration because officials of the Klamath Tribal government would retaliate by taking away their federal benefits or fire them from tribal jobs.

Chesnut responded, "This is going to be a long and difficult process. An independent self-governed Modoc Tribe will be opposed not only by the Klamath Tribal government but by many of the white owned farms and businesses that are making money off of our land. They want things to remain as they are. To the Klamaths our independence will mean a loss of federal dollars which are allocated on the basis of head count. So they see us only as so many dollars. Local farms and businesses are likely to fear that our independence will result in changes that will adversely affect them. So it's going to be hard, and we must expect vigorous opposition to what we are doing."

" But we can also expect support and help from various sources, including other Indian tribes, major university projects and institutes, environmental and human rights organizations, and even from individual white persons in this very community, who want to see the injustices of the past righted. Now that this movement has started, it cannot be stopped so long as we pursue our goal. Our liberation from 136 years of exile and oppression, the reestablishment of Modoc self-government and restoration of our ancestral homelands is inevitable."

"As to your specific concerns about retaliation against those Modocs who sign or promote the Declaration, let me point out that nothing in the Lakes Treaty of 1864 or the Klamath Tribes Restoration Act of 1986 took away our sovereignty as a tribe separate from the Klamath Tribe or Yahooskin Snake Band of Paiutes. In fact, both the Treaty and the Restoration Act list and recognize our tribes separately. Further, what we are doing now is exercising rights to self-government and self-determination authorized and encouraged by the Indian Reorganization Act of 1834, as amended in 1988, and by the Indian Self-Determination Act of 1975."

"Until our new constitution is ratified and, if necessary approved by the Interior Department, we will all remain enrolled members of the Klamath Tribes, entitled to receive all the federal benefits we are receiving right now. When our new constitution goes into effect, the BIA and IHS will be required by law to administer these same benefits to our people through our own government instead of the Klamath Tribal government. This transition should be seamless, with no interruption in the flow of benefits."

" In 1968, Congress enacted the Indian Civil Rights Act, which protects political activity and speech such as we are engaging in now. The federal Equal Employment Opportunity Commission also has jurisdiction over Indian tribes and nations and enforces regulations designed to prevent and punish discrimination in employment on the part of a dominant band or group."

"One can never prevent another person who is committed to violating the law from doing so, but any retaliation by the Klamath Tribes or its officials against the Modoc People will be immediately be reported to the federal government, and appropriate legal action will be taken. As a tribe we must protect and support each other. We must make the commitment now to financially support any Modoc who is fired from a tribal job in retaliation for exercising his or her right to free speech and political organization, while legal steps are taken to obtain that person's reinstatement and back-pay. And I can assure you, if anything like that happens, there will be serious legal consequences for the Klamath tribal officials involved."

Signatures obtained and Declaration Bearers

At the close of the meeting, thirteen adult Modocs signed the Declaration, bringing the current total number of signers to just over fifty. Additionally, four individuals volunteered to act as Declaration Bearers, that is, to carry and promote theDeclaration to other Modocs and to obtain their signatures. These individuals include John Slaughter, Preston Miles and Diana Wright. Modocs wishing to learn more about or sign the Declaration of Rights and the movement to enact a Modoc constitution, or who wish to become Declaration Bearers themselves should contact any of the following persons.

Robert Wayne Anderson, 541-591-2956

John Slaughter, hatchat@charter.net

Preston Miles, 541-274-1330, 929miles@gmail.com

Diana Wright, 541-273-8874, dianawright1@charter.net

Perry Chesnut, 425-770-7345, pchesnut@indigenous-rights.org

A copy of the Declaration of the Rights of the Free and Sovereign People of the Modoc Indian Tribe is attached as a Microsoft Word .doc file. For more information concerning this press release, contact:

Perry Chesnut

Modoc Land Recovery Project

425-770-7345

pchesnut@indigenous-rights.org

Document 2:

Declaration of the Rights of the Free and Sovereign People of the Modoc Indian Tribe

(Mowatocknie Maklaksûm)



We, the Mowatocknie Maklaksûm (Modoc Indian People),

Guided by our faith in the One True God, the Great Spirit, Creator of Heaven and Earth and all living beings,

Reaffirming our spiritual obligation and commitment to protect, restore and preserve the health and wellbeing of this planet and of all living creatures in, on and above it, with specific regard to our ancestral homeland and its indigenous life-forms;

Reaffirming our spiritual obligation and commitment to walk the good red road of harmony and balance, establishing and maintaining goodwill and good relationships with all peoples and governments;

Solemnly committing ourselves to the perpetuation, development and manifestation of our unique indigenous tribal identity and culture, and to the attainment, preservation and enjoyment of all rights and privileges arising therefrom and attendant thereto;

Solemnly committing ourselves to the political and geographical reunification of our people, who are now suffering in exile from the land of our ancestors and separated by more than 1,500 miles as the great eagle flies;

Solemnly committing ourselves to the recovery, possession and sovereign control of our ancestral homeland;

Solemnly committing ourselves to the political sovereignty, cultural integrity, economic security, health and wellbeing of our people and to a better future for our descendants;

Recognizing that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, as well as the Vienna Declaration and Programme of Action, affirm the fundamental importance of the right to self-determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development,

Recognizing that the United Nations Declaration on the Rights of Indigenous Peoples affirms “that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such”;

Asserting that we are a unique indigenous people different from the Klamath Indians or any other Indian people, and that our Tribe and People has lived continuously in our homeland for more than 14,000 years, and that we are a separate and distinct people, who have never been assimilated or absorbed into white culture or the culture of any other Indian tribe or people;

Concerned and convinced that the Constitution and Bylaws of the Klamath Tribes fail to address, protect, or preserve the unique political or cultural tribal identity of the Modoc Tribe or People, thus depriving us of our inherent right to be different, to consider ourselves different, and to be respected as such;

Recognizing that the Congress of the United States, in enacting the Self Determination Act of 1975, incorporated a specific finding that “the Indian people will never surrender their desire to control their relationships both among themselves and with non-Indian governments, organizations, and persons”;

Adamantly affirming that we, the Mowatocknie Maklaksûm (Modoc Indian People), will never surrender our desire and commitment to control our relationships, among ourselves, with other Indian tribes and governments, and with non-Indian governments, organizations, and persons;

Concerned and convinced that the Constitution and Bylaws of the Klamath Tribes fail to address, protect, or preserve the unique political identity of the Modoc Tribe or People, thus depriving us of the ability to control our internal political relationships, or those with the Klamath Tribe, Yahooskin Band of Snake Indians, other Indian governments, or with non-Indian governments, organizations, and persons;

Recognizing that the Self Determination Act of 1975, as amended, specifically commits the United States government to “the establishment of a meaningful Indian self-determination policy” which will provide “effective and meaningful participation by the Indian people in the planning, conduct, and administration of [federal Indian] programs and services” and “In accordance with this policy, the United States is committed to supporting and assisting Indian tribes in the development of strong and stable tribal governments, capable of administering quality programs and developing the economies of their respective communities”;

Concerned and convinced that the Constitution and Bylaws of the Klamath Tribes fail to address, protect, or preserve the unique political or cultural identity of the Modoc Tribe or People, thus depriving us of effective and meaningful participation in the planning, conduct and administration of federal Indian programs and services under the auspices of the Self Determination Act of 1975;

Concerned and convinced that the Constitution and Bylaws of the Klamath Tribes fail to address, protect, or preserve the unique political or cultural identity of the Modoc Tribe or People, thus depriving us of a strong and stable tribal government, capable of administering quality programs and developing the economy of our Modoc Tribe and People;

Recognizing that neither the Lakes Treaty of 1864, nor the Klamath Tribe Restoration Act of 1986, nor any other federal law or policy has extinguished the separate political or cultural identity of the Modoc Tribe or People;

Especially concerned and convinced that the Constitution and Bylaws of the Klamath Tribes, in combination with the numeric superiority of ethnic Klamath Indians enrolled in the Klamath Tribes, has resulted in a governing body that neither recognizes the ongoing separate political and cultural identity of the Modoc Tribe and People nor adequately represents our unique and separate political, economic or cultural interests;

Recognizing that our ancestral Modoc homeland, its air, water, forests and other resources have been plundered, polluted and destroyed, that our sacred places have been desecrated by white industrial and business interests with the blessing or acquiescence of local, state and federal government, and that such destructive activities are continuing unabated;

Especially concerned and convinced that the Klamath Tribes has failed to adequately protect our homelands from such despoliation and destruction, primarily because the Klamath Tribes’ priorities have been and remain consistently tilted in favor of the numerically superior ethnic Klamath Indians; and that the Constitution and Bylaws of the Klamath Tribes deprive the Modoc Tribe and People of the political or legal ability to independently assert our rights and interests in protecting our ancestral Modoc homeland, its air, water, forests and other resources from such despoliation and destruction;

Recognizing that our cultural heritage is being plundered on a daily basis, and that the graves of our ancestors continue to be disturbed and looted;

Especially concerned and convinced that the Constitution and Bylaws of the Klamath Tribes deprive the Modoc Tribe and People of the political or legal ability to independently assert our rights and interests in protecting our cultural heritage and the sanctity of the graves of our ancestors;

Especially concerned and convinced that the Constitution and Bylaws of the Klamath Tribes deprive the Modoc Tribe and People of our inherent rights to tribal sovereignty and self determination, thus preventing us from freely determining our political status and freely pursuing our economic, social and cultural development;

Reminding all persons and governments that the Modoc Tribe and People have suffered from grave historic injustices as a result of, inter alia, colonization and dispossession of our lands, territories and resources, and more than one hundred forty four years of federal Indian policy antagonistic to the very existence of our Tribe and People, thus preventing us from exercising, in particular, our right to development in accordance with our own needs and interests;

Recognizing the urgent need to respect and promote the inherent rights of the Modoc Tribe and People, which derive from our political, economic and social structures and from our culture, spiritual and religious traditions, histories and philosophies, and especially our aboriginal rights to our lands, territories and resources;

Recognizing the urgent need to reassert, preserve and pass on to future generations our unique identity both as a uniquely cultured indigenous people and as a sovereign tribal body politic; and

Organizing ourselves to achieve political, economic, social and cultural empowerment and in order to bring to an end to all forms of discrimination and oppression against our people;

Convinced that the recognition of the rights of the Modoc Tribe and People set forth in this Declaration will enhance harmonious and cooperative relations between our Tribe of people, other Indian tribes, and the various levels and agencies of federal, state and local governments for the very reason that this Declaration is based on principles of justice, democracy, respect for human rights, non-discrimination and good faith;

Solemnly proclaim the following Declaration of the Rights of the Free and Sovereign People of the Modoc Tribe (Mowatocknie Maklaksûm) as a minimum standard of achievement to be pursued in a spirit of partnership and mutual respect:

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Article 1

The Modoc Tribe and People have the right to the full enjoyment, as a collective or as

individuals, of all human rights and fundamental freedoms as recognized in the U.S. Declaration of Independence, the United States Constitution, the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Rights of Indigenous Peoples and international human rights law.

Article 2

The Modoc Tribe and People are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of our rights, in particular that based on our indigenous origin or identity.

Article 3

The Modoc People have the right to self-determination. By virtue of that right we shall freely determine our political status and freely pursue our economic, social and cultural development.

Article 4

The Modoc People, in exercising our right to self-determination, have the right to autonomy or self-government in matters relating to our internal and local affairs, as well as ways and means for financing our autonomous functions.

Article 5

The Modoc people have the right to maintain and strengthen our distinct political, legal, economic, social and cultural institutions, while retaining our right to participate fully, if we so choose, in the political, economic, social and cultural life of the United States of America.

Article 6

Every Modoc individual has the right to a nationality.

Article 7

1. Every Modoc individual has the rights to life, physical and mental integrity, liberty and security of person.

2. The Modoc Tribe and People have the collective right to live in freedom, peace and security as a distinct people and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing Modoc children to another group.

Article 8

1. The Modoc Tribe and People have the right not to be subjected to forced assimilation or destruction of our culture.

2. The United States government shall provide effective mechanisms for the prevention of, and redress for:

(a) Any action which has the aim or effect of depriving us of our integrity as distinct peoples, or of our cultural values or ethnic identities;

(b) Any action which has the aim or effect of dispossessing us of our lands, territories or resources;

(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of our rights;

(d) Any form of forced assimilation or integration;

(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against us.

Article 9

The Modoc People individually and collectively have the right to belong to the Modoc Tribe and within our Tribe to a community and band in accordance with the traditions and customs of the Tribe and the community and band concerned. No discrimination of any kind may arise from the exercise of this right.

Article 10

The Modoc People shall not be forcibly removed from our lands or territories. No relocation shall take place without the free, prior and informed consent of the Modoc Tribe and People concerned and after agreement on just and fair compensation and, where possible, with the right of return.

Article11

1. The Modoc Tribe and People have the right to practice and revitalize our cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of our culture, such as archaeological and historical sites, artifacts, designs, rituals, ceremonies, technologies and visual and performing arts and literature.

2. The United States government shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with the Modoc Tribe and People, with respect to our cultural, intellectual, religious and spiritual property taken without our free, prior and informed consent or in violation of our laws, traditions and customs.

Article 12

1. The Modoc Tribe and People have the right to manifest, practice, develop and teach our spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to our religious and cultural sites; the right to the use and control of our ritual and ceremonial objects; and the right to the repatriation of our human remains.

2. The United States government shall seek to enable the access and/or repatriation of ceremonial objects and human remains in its possession, or in the possession of universities, museums or other organizations that receive federal funding, through fair, transparent and effective mechanisms developed in conjunction with the Modoc Tribe and People.

Article 13

1. The Modoc Tribe and People have the right to revitalize, use, develop and transmit to future generations our history, language, oral traditions, philosophies, writing systems and literatures, and to designate and retain our own names for communities, places and persons.

2. The United States government shall take effective measures to ensure that this right is protected and also to ensure that the Modoc people can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of linguistic or cultural interpretation or by other appropriate means.

Article 14

1. The Modoc Tribe and People have the right to establish and control our own educational systems and institutions providing education in our own language, in a manner appropriate to our cultural methods of teaching and learning.

2. Modoc individuals, particularly children, have the right to all levels and forms of education available from educational institutions operating in the United States of America without discrimination.

3. Local, state and federal governments shall, in conjunction with the Modoc Tribe and People, take effective measures, in order for Modoc individuals, particularly children, including those living outside our communities, to have access, when possible, to an education in our own culture and provided in our own language.

Article 15

1. The Modoc Tribe and People have the right to the dignity and diversity of our culture, traditions, history and aspirations, which shall be appropriately reflected in education and public information.

2. Local, state and federal governments shall take effective measures, in consultation and cooperation with the Modoc Tribe and People, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among other Indian tribes and peoples and all other segments of society.

Article 16

1. The Modoc Tribe and People have the right to establish our own media in our own language and to have access to all forms of non-indigenous media without discrimination.

2. Local, state and federal governments, without prejudice to ensuring full freedom of expression, should encourage privately owned media to adequately reflect the indigenous cultural diversity of southern Oregon and northern California.

Article 17

1. The Modoc Tribe and People have the right to enjoy fully all rights established under applicable international, national and state labor law.

2. Local, state and federal governments shall, in consultation and cooperation with the Modoc Tribe and People, take specific measures to protect Modoc children from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development, taking into account their special vulnerability and the importance of education for their empowerment.

3.The Modoc Tribe and People as individuals have the right not to be subjected to any discriminatory conditions of labor and, inter alia, employment or salary.

Article 18

The Modoc Tribe and People have the right to participate in decision-making in matters that would affect our rights, through representatives chosen by ourselves in accordance with our own procedures, as well as to maintain and develop our own tribal decision-making institutions.

Article 19

Local, state and federal governments shall consult and cooperate in good faith with the Modoc Tribe and People through our own representative institutions in order to obtain our free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect us or our interests.

Article 20

1. The Modoc Tribe and People have the right to maintain and develop our own political, economic and social systems or institutions, to be secure in the enjoyment of our own means of subsistence and development, and to engage freely in all our traditional and other economic activities.

2. The Modoc Tribe and any of its individuals who have been deprived of their means of subsistence and development are entitled to just and fair redress.

Article 21

1. The Modoc Tribe and People have the right, without discrimination, to the improvement of our economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security.

2. Local, state and federal governments shall take effective measures and, where appropriate, special measures to ensure continuing improvement of our economic and social conditions. Particular attention shall be paid to the rights and special needs of Modoc elders, women, youth, children and persons with disabilities.

Article 22

1. Particular attention shall be paid to the rights and special needs of Modoc elders, women, youth, children and persons with disabilities in the implementation of this Declaration.

2. Local, state and federal governments shall take measures, in conjunction with the Modoc Tribe and People, to ensure that Modoc women and children enjoy the full protection and guarantees against all forms of violence and discrimination.

Article 23

The Modoc Tribe and People have the right to determine and develop priorities and strategies for exercising our right to development. In particular, the Modoc Tribe and People have the right to be actively involved in developing and determining health, housing and other economic and social programs affecting us and, as far as possible, to administer such programs through our own institutions.

Article 24

1. The Modoc Tribe and People have the right to our traditional medicines and to maintain our health practices, including the conservation of our vital medicinal plants, animals and minerals. The Modoc People individually also have the right to access, without any discrimination, to all social and health services.

2. The Modoc People as individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. Local, state and federal governments shall take the necessary steps with a view to achieving progressively the full realization of this right.

Article 25

The Modoc Tribe and People have the right to maintain and strengthen our distinctive

spiritual relationship with our traditionally owned or otherwise occupied and used

lands, territories, waters and other resources and to uphold our responsibilities to future generations in this regard.

Article 26

1. The Modoc Tribe and People have the right to the lands, territories and resources, which we have traditionally owned, occupied or otherwise used or acquired.

2. The Modoc Tribe and People have the right to own, use, develop and control the lands, territories and resources that we possess by reason of aboriginal ownership or other traditional occupation or use, as well as those which we have otherwise acquired.

3. Local, state and federal governments shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the Modoc Tribe and People.

Article 27

The United States government shall establish and implement, in conjunction with the Modoc Tribe and People, a fair, independent, impartial, open and transparent process, giving due recognition to the Modoc Tribe and People’s laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of the Modoc Tribe and People pertaining to our lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. The Modoc Tribe and People shall have the right to participate in this process.

Article 28

1. The Modoc Tribe and People have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without our free, prior and informed consent.

2. Unless otherwise freely agreed upon by the Modoc Tribe and People, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.

Article 29

1. The Modoc Tribe and People have the right to the conservation and protection of the environment and the productive capacity of our lands or territories and resources. Local, state and federal governments shall establish and implement assistance programs for the Modoc Tribe and People for such conservation and protection, without discrimination.

2. Local, state and federal governments shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of the Modoc Tribe and People without our free, prior and informed consent.

3. Local, state and federal governments shall also take effective measures to ensure, as needed, that programs for monitoring, maintaining and restoring the health of the Modoc People, as developed and implemented by the Modoc Tribe and People affected by such materials, are duly implemented.

Article 30

1. Military activities shall not take place in the lands or territories of the Modoc Tribe and People, unless justified by a relevant public interest or otherwise freely agreed with or requested by the Modoc Tribe and People.

2. Local, state and federal governments shall undertake effective consultations with the Modoc Tribe and People, through appropriate procedures and in particular through our representative institutions, prior to using our lands or territories for military activities.

Article 31

1. The Modoc Tribe and People have the right to maintain, control, protect and develop our cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of our sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. We also have the right to maintain, control, protect and develop our intellectual property over such cultural

heritage, traditional knowledge, and traditional cultural expressions.

2. In conjunction with the Modoc Tribe and People, local, state and federal governments shall take effective measures to recognize and protect the exercise of these rights.

Article 32

1. The Modoc Tribe and People have the right to determine and develop priorities and strategies for the development or use of our lands or territories and other resources.

2. Local, state and federal government shall consult and cooperate in good faith with the Modoc Tribe and People through our own representative institutions in order to obtain our free and informed consent prior to the approval of any project affecting our lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water, forest, geothermal, solar, wind or other resources.

3. Local, state and federal governments shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.

Article 33

1. The Modoc Tribe and People have the right to determine our own identity or membership in accordance with our customs and traditions. This does not impair the right of Modoc individuals to obtain citizenship of the states and/or countries in which we live.

2. The Modoc Tribe and People have the right to determine the structures and to select the membership of our institutions in accordance with our own procedures.

Article 34

The Modoc Tribe and People have the right to promote, develop and maintain our institutional structures and our distinctive customs, spirituality, traditions, procedures, practices and juridical systems or customs, in accordance with international human rights standards.

Article 35

The Modoc Tribe and People have the right to determine the responsibilities of Modoc individuals to their communities.

Article 36

1. The Modoc Tribe and People, in particular those divided by international and/or state borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with our own members as well as other peoples across borders.

2. Local, state and federal governments, in consultation and cooperation with the Modoc Tribe and People, shall take effective measures to facilitate the exercise and ensure the implementation of this right.

Article 37

1. The Modoc Tribe and People have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with the United States government, its official agents or their successors and to have the United States government respect such treaties, agreements and other constructive arrangements.

2. Nothing in this Declaration may be interpreted as diminishing or eliminating the rights of the Modoc Tribe and People contained in treaties, agreements and other constructive arrangements.

Article 38

Local, state and federal governments, in consultation and cooperation with the Modoc Tribe and People, shall take the appropriate measures, including legislative measures, to achieve the ends of this Declaration.

Article 39

The Modoc Tribe and People have the right to have access to financial and technical assistance from the United States government and through international cooperation, for the enjoyment of

the rights contained in this Declaration.

Article 40

The Modoc Tribe and People have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with local, state or federal governments or other parties, as well as to effective remedies for all infringements of our individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the Modoc Tribe and People and international human rights.

Article 41

The organs and specialized agencies of the United Nations system and other intergovernmental organizations shall contribute to the full realization of the provisions of this Declaration through the mobilization, inter alia, of financial cooperation and technical assistance. Ways and means of ensuring participation of the Modoc Tribe and People on issues affecting them shall be established.

Article 42

The United Nations, its bodies, including the Permanent Forum on Indigenous Issues, and specialized agencies, including at the country level, and nation-states shall promote respect for and full application of the provisions of this Declaration and follow up the effectiveness of this Declaration.

Article 43

The rights recognized herein constitute the minimum standards for the survival, dignity and wellbeing of the Modoc Tribe and People.

Article 44

All the rights and freedoms recognized herein are equally guaranteed to male and female Modoc individuals.

Article 45

Nothing in this Declaration may be construed as diminishing or extinguishing the rights the Modoc Tribe and People have now or may acquire in the future.

Article 46

1. Nothing in this Declaration may be interpreted as implying for any nation-state, people, group or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations or construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent nation-states.

2. In the exercise of the rights enunciated in the present Declaration, human rights and fundamental freedoms of all shall be respected. The exercise of the rights set forth in this Declaration shall be subject only to such limitations as are determined by law and in accordance with international human rights obligations. Any such limitations shall be non-discriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and freedoms of others and for meeting the just and most compelling requirements of a democratic society.

3. The provisions set forth in this Declaration shall be interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.

_____________________

Now therefore, by affixing our signatures hereto, we, the free and sovereign people of the Modoc Indian Tribe(Mowatocknie Maklaksûm), acting in accordance with the principles of self-determination, and pledging ourselves to the reunification of our Tribe, the end of exile for our People, and the recovery and restoration of our sacred homeland, hereby affirm and ratify this Declaration.1

DATED this ________ day of November, 2008.

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Cherokee Phoenix Weekly
http://www.cherokeephoenix.org/50/newsletter.aspx
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Stop the Expansion of Peterborough Nukes
rom the Eagle Watch #11

Stop the Expansion of Peterborough Nukes:
No More Nuclear Madness

October 16, 2009

The nuclear industry raving lunatics want to build many more nuclear reactors all over the world, especially in Asia. They say it is for "peaceful" purposes only. They call it "green" energy. Wow! What an insult to people's intelligence.

We know that ANY nuclear development and proliferation are about making war and killing people, either quickly with bombs or slowly with nuclear waste.

Indigenous communities in Cree/Dene territory (Saskatchewan, Canada), Ongwehonwe and Nishnaabe territory (Ontario, Canada), Australia, Navaho/Pueblo Territory (New Mexico and Four Corners, USA), Kazakhstan, Niger and elsewhere are being targeted to accept the waste and to endure the devastation of more uranium mining. We have a responsibility to speak out against this insanity for the sake of our future generations who will inherit this horrible legacy.

It looks like somebody wants to foment nuclear war in Asia where the majority of the world's population live. China and Japan have nuclear technologies. India and Pakistan already have nuclear weapons. Pakistan is quickly being drawn into the US led war on Afghanistan. There is no end in sight to this insane carnage and destruction.

GEHitachi wants to make low enriched uranium (LEU) fuel bundles at their Peterborough, Ontario facility for nuclear reactors in Japan, India and China. People in Ontario know about the dangers and have indicated they don't want any more reactors here. Cameco, the big uranium mining company, makes the same fuel and parts for reactors at Port Hope where a growing pile of nuclear waste is making people sick. The government wants to move the waste and spread it around. It is a growing embarrassment to them as some people in Port Hope are speaking out. The nuclear waste at the small city of Peterborough is not as well known.

India has developed the technology to weaponize tritium. Nuclear reactors release deadly tritium and other radioactive toxins into the air and water. Any amount is harmful to human health and all living beings and therefore totally unacceptable. Any dosage can be fatal. Because radioactive water is chemically identical to ordinary water, it cannot be filtered out or otherwise removed from drinking water by any municipal water treatment plant. The city of Ottawa gets plenty of tritium in its water from the leaking NRU reactor at the Chalk River Laboratories upstream on the Ottawa River.

Anyone can make a dirty bomb with a bit of radioactive material. It doesn't have to be an actual nuclear bomb to do great harm to people and devastation to the land, water and air. All this nuclear activity must be stopped.

CNSC is the Canadian Nuclear Safety Commission, the supposedly non partisan and independent body that monitors the Canadian nuclear industry. While they approve dangerous projects left and right, they also produce damning reports against nuclear development, such as their report on reactor emissions. These reports can be used against them. (see endnotes)

We just found out about CNSC's press release seeking comments on the "Draft Environmental Assessment (EA) Screening Report" for GEHitachi's nuclear expansion at Peterborough. The report is available on request from "CEAAInfo" . CNSC has extended the deadline just for us until October 21 to respond.

How many people actually heard about it? CNSC states that in the past, "No comments were received from First Nations or members of the general public". The three Indigenous communities that they say they contacted are the Alderville, Curve Lake and Hiawatha Mississaugas.

Curve Lake is on Buckhorn Lake, just north of Peterborough. Alderville and Hiawatha are on Rice Lake, south and east of Peterborough. There are Serpent Mounds at Hiawatha.

Chief Marsden of Alderville said he didn't know of it though he is quite concerned about nuclear development. We are waiting to hear back from someone at the other two communities.

Peterborough is two hours west of Sharbot Lake. GEHitachi already has a nuclear facility in Peterborough, about one hour north of Port Hope, Ontario. Peterborough is on the Otonabee River which flows into Rice Lake which feeds into the Trent River which flows into Lake Ontario near Trenton. The region is half water, an intricate network of creeks and lakes. Some call it "cottage country". The fishing is good but is it safe to eat the fish? Nuclear activity always uses and pollutes large quantities of water.

GEHitachi already makes fuel bundles and zirconium tubing for CANDU's at their Peterborough nuclear facility. They do the tricky handling of the fuel bundles getting them into the reactors. They host training sessions and write manuals. They do the computer system design and replacement and do nuclear fastener welding services. They are developing new nuclear stuff all the time.

GEHitachi also have facilities in downtown Toronto on Lansdowne Avenue where they have been testing and manufacturing nuclear products for over 50 years and in Arnprior. Hitachi, a Japanese firm and GE General Electric merged their nuclear departments in 2007 to consolidate their global nuclear reactor business. Another Japanese firm, Toshiba recently bought Westinghouse who also make reactors. It's some kind of feeding frenzy.

The CNSC report on reactor emissions shows the results of nuclear power plants release monitoring programs over a ten year period up to 2008. Nuclear power plants routinely give off large quantities of radioactive hydrogen (called tritium), radioactive carbon (carbon-14) and gamma-emitting radioactive isotopes of krypton, argon and xenon as well as smaller quantities of iodine-131 into the surrounding air and water. This is many trillions of becquerels of each of these materials being released every year. No wonder so many people are sick and can't seem to get better. Any amount of these radioactive emissions is unacceptable.

The lonely people at CNSC want to hear from us. Let's make their day by sending them our objections to the madness of nuclear development. Never mind the experts who work for a fat paycheque, forgetting about the future generations. We, both Indigenous and settlers alike, have a right and responsibility to speak out.

KITTOH


Contact Info:
CNSC
Send comments by mail, fax or email to:
Dr Caroline Ducros
Environmental Assessment Specialist
Environmental Assessment Division
Directorate of Environmental and Radiation Protection and Assessment
Canadian Nuclear Safety Commission
P.O. Box 1046, Station B
Ottawa, ON K1P 5S9
Phone: 1-800-668-5284
Fax: 613-995-5086
Email: EA@cnsc-ccsn.gc.ca

GE Hitachi
Peterborough Fuel Bundle Assembly and Fuel Handling Operations
1160 Monaghan Road Peterborough, Ontario Canada, K9J 7B5
Phone: 705 748 7999

Toronto Fuel Pellet Operations
1025 Lansdowne Avenue Toronto, Ontario Canada, M6H 3Z6
416-583-4200

Arnprior Tubing Operations
465 McCartney St. W Arnprior, Ontario Canada, K7S 3X5
613-623-1455


Notes and Sources
http://www.ge-energy.com/prod_serv/products/nuclear_energy/en/ge_canada.htm
http://www.ccnr.org/india_tritium.html
http://www.nuclearsafety.gc.ca/eng/readingroom/reports/rrd/index.cfm
Radiological Release Data Report
http://www.aldervillefirstnation.ca/
http://www.curvelakefn.com/
http://www.hiawathafirstnation.com/
www.ainc-inac.gc.ca/ai/scr/on/ofn/index-eng.asp
http://www.porthopehealthconcerns.com/latest_news.htm
"Port Hope - Canada's Nuclear Wasteland"
Pat McNamara, Author
To order the book:
Pat McNamara, RR#1, Site 10, P.O. Box 85 Grande Prairie Alberta, T8V 2Z8
http://www.wise-uranium.org/epcdn.html
http://nuclear-news.net/
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Black Hawk Productions Newsletter October 16, 2009
Black Hawk Productions Newsletter - Friday, October 16, 2009



BLACK HAWK PRODUCTIONS NEWSLETTER

September 10, 2009

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Teresa Anahuy
http://groups.yahoo.com/group/FirstPeoplesNews
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CherokeeLink Newsletter
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For The HTML Format of the Newsletter:
(Having Problems With The Links? Try this version instead.) http://www.cherokee.org/home.aspx?section=newsletter&Date=10/19/2009

AOL - 10/19/2009 Newsletter
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Osiyo,

The Cherokee Nation is accepting nominations for the bi-annual Cancer Summit Service Awards, which honor individuals and organizations that have made contributions in promoting cancer control throughout the Cherokee Nation. For more information visithttp://www.cherokee.org/NewsRoom/FullStory/3010/Page/Default.aspx.

Are you are interested in showing your appreciation for our veterans? Volunteer some time working on the new veterans center, which should start construction soon! To sign up today, visit http://www.cherokee.org/VetCntrVolApp.aspx.

Also, remember to check out our Veteran Day events in November at http://www.cherokee.org/NewsRoom/FullStory/3015/Page/Default.aspx.



Wado! (Thank you)
Cherokee Nation
P.O.Box 948
Tahlequah, OK 74465
918 453-5000
communications@cherokee.org

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***Cherokee Nation News***
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Cherokee Nation Will Honor Veterans in November: 10/15/2009 8:55:00 AM
(C) Cherokee Nation
The Cherokee Nation would like to invite all veterans, as well as families and friends of veterans, to participate in a special tribute ceremony this Veterans Day.
http://www.cherokee.org/news.aspx?id=3015

New Equipment Helps Cherokee Nation Hospital with Early Detection of Breast Cancer: 10/14/2009 11:27:00 AM
(C) Cherokee Nation
Thanks to a new piece of equipment, Cherokee Nation W. W. Hastings Hospital is helping more area women get earlier

detection of breast cancer.

http://www.cherokee.org/news.aspx?id=3014

Sequoyah Schools Set to Honor Senior Athletes Oct. 30: 10/14/2009 11:24:00 AM
(C) Cherokee Nation
Sequoyah Schools’ will honor their senior fall sport athletes on “senior night,” October 30. The recognition event will begin at 6:30 p.m. at Sequoyah Schools’ Thompson Field.
http://www.cherokee.org/news.aspx?id=3013

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**** Cultural Tidbits ****
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Not only did the discovery of gold at Dalohnega - meaning yellow - increase the value of the land and brought thousands of prospectors to Cherokee Nation, but the adoption of our government structure and excercising governmental rights just a year before led to serious and disastrous policy changes within the State of Georgia against the Cherokee Nation.

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