Oregon Modocs Set Second Meeting to Discuss Benefits of Self-Government

FOR IMMEDIATE RELEASE: January 21, 2010
Contact: Perry H. Chesnut
pchesnut@indigenous-rights.org
425-770-7345

Modocs Seeking to Form Government Separate from the Klamath Tribes Set Second Meeting:
Will Discuss Economic Development, Tribal Membership Requirements and Ancestral Land Base
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An informational meeting for Modoc Indians interested in the movement to dissolve the Modoc Tribe’s political relationship with the Klamath Tribes will be held between the hours of 6:30pm and 9:00pm on the evening of Friday, January 29, 2010 at the Commissioners Hearing Room of the Klamath County Government Center located at 305 Main St. in Klamath Falls, Oregon. Entrance to the building will be by the door coming off the rear parking lot on Pine St.

A previous meeting held in the same location on October 9th of last year drew approximately 30 Modocs. Perry Chesnut, an adopted member of the Modoc Tribe, stated that it was time to end 136 years of subservience to the Klamath Indians, and said that the only practical way to preserve the Modoc Tribe’s unique ethnic and cultural identity, and protect and advance the Modoc People’s political and economic interests is to set up their own government, separate from that of the current Klamath tribal government. He presented a document titled Declaration of the Rights of the Free and Sovereign People of the Modoc Indian Tribe (Mowatocknie Maklaksûm), which enumerates in 46 articles the natural, political and human rights of the Modoc People. Since that meeting, a number of “Declaration Bearers” have been circulating the document within the Modoc Tribe and gathering signatures for its ratification.

The upcoming meeting on Friday, January 29th, is open to all who wish to learn more about the separation movement and the opportunities it presents to the Modoc People.

M. Sean Manion, a Modoc Indian who is a civil engineer and has spent the last seven years in Iraq managing various rebuilding projects, will present an economic development model that has proven to be very successful for Arab tribes in Iraq. Mr. Manion states that the economic development model is especially well-suited to tribal entities and believes that it can be implemented successfully by the Modoc Tribe to create large tribally owned enterprises as well as smaller business ventures owned by individual tribal members. Mr. Manion will also speak to the issue of eligibility for tribal membership, contrasting the blood quantum standard now used by the Klamath tribal government with the lineal descent standard to which more tribes are now turning.

Perry Chesnut will speak about the opportunity for developing a large casino resort complex and present an architectural rendering of such a casino resort prepared by David P. Soderstrom of Soderstrom Architects, a Portland Oregon architectural firm. He will also present a map of the Modoc Tribe’s ancestral lands ceded to the government in the Lakes Treaty of 1864 and discuss the many opportunities for economic development presented by the five national forests included in these lands and by the potential restoration of the vast wetlands that constituted Lower Klamath Lake, Tule Lake and Clear Lake prior to the extensive “reclamation” projects of the early 1900s.

An extensive period of time has been set aside for questions and answers following the presentations of Mr. Manion and Mr. Chesnut. Declaration Signature Sheets will also be available for those who wish to ratify the Declaration with their signatures. Those who wish to circulate the Declaration can obtain a signature sheet from Mr. Chesnut after the meeting.

The Commissioners Hearing Room has a seating capacity of 70, so those wishing to sit should come early.
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Source: Modoc Land Recovery Project

Native Rights News is making this material available in accordance with a general press release. This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.
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Native Rights News (NRN) is published by the Alliance for Indigenous Rights, a nonprofit corporation owned and operated by Temple Beit Shem Tov as part of its Social Justice Ministry.

Lawsuit Planned to Halt Macon County Airport's Desecration of Cherokee Graves

All airport documents requested in lead up to runway lawsuit

Smoky Mountain News
Week of 4-08-09
By Josh Mitchell • Staff Writer

An environmental group out of Asheville plans to sue the Macon County Airport Authority and other parties involved in the proposed extension of the runway.

The group, Wild South, wants to stop the runway from being extended, saying the project is unnecessary, will harm the rural character of the Iotla Valley and endanger Cherokee artifacts and burial grounds, as well as other historic sites.

Lamar Marshall of Wild South said a 60-day notice to sue the Airport Authority will soon be filed. Afterwards, Wild South will seek an injunction to stop the project from moving forward, Wild South attorney Stephen Novak said.

Novak said he is unclear at the moment who will be named in the lawsuit.

The organization has also filed a federal Freedom of Information Act request and state public records request to obtain documents related to the proposed runway extension. The records request seeks documents from the Advisory Council on Historic Preservation in Washington, the Federal Aviation Administration, the N.C. Department of Transportation Division of Aviation, the state archaeologist, and the Macon County Airport Authority.

Novak said he hopes the public records will give Wild South a better idea of who should be named in the lawsuit.

The Airport Authority will comply with the records requests, said the board’s attorney Joe Collins.

“If it’s something they’re entitled to see, we’ll certainly give it to them,” Collins said.

Reviewing all the documents associated with the runway extension will give Wild South an understanding of “who said what to whom” in regards to the runway extension, Novak said.

Marshall with Wild South said the Airport Authority is “trying to brush us off,” but it won’t work.

“We’re taking them to court,” said Marshall. “We’re going to sue them.”

The hope is that “damning” information will be found through the public records requests, said Marshall.

The Airport Authority has “definitely not followed the letter of the law,” said Marshall.

Marshall asserts that the Airport Authority and other parties violated the National Historic Preservation Act by ignoring the archaeological significance of the airport site.

Marshall also charges that the Endangered Species Act and the National Environmental Policy Act were violated.

He claims that endangered species in Iotla Creek and the Little Tennessee River will be endangered by runoff from the airport.

An environmental assessment found that the runway extension would have “no significant impact” on the site. But Marshall said the environmental assessment was done without consulting the U.S. Fish and Wildlife Service and based on out of date information.

Marshall said taxpayer money should be withdrawn from the proposed $3.5 million runway extension. The nation is facing an economic crisis, and there are better things to spend money on than extending an airport runway, said Marshall.

“Why dump money into this when it is only going to benefit rich people in Highlands?” Marshall asked.

Moreover, extending the airport runway is just laying the groundwork for more development to take place in the tranquil valley, said Marshall.
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Source: Smoky Mountain News

Native Rights News is making this material from the Smoky Mountain News available in accordance with the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.
____________
Native Rights News (NRN) is published by the Alliance for Indigenous Rights, a nonprofit corporation owned and operated by Temple Beit Shem Tov as part of its Peace and Justice Ministry.

Opposition to Desecration of Cherokee Graves in Iotla Valley Mounts

Macon airport lands more money for artifact surveys

Smoky Mountain News
Week of 4-08-09
By Josh Mitchell • Staff Writer

Opposition to the airport runway extension in Macon County continues to mount, with a standing-room-only crowd attending last week’s Airport Authority meeting and an environmental group threatening to sue and stop the project.

The controversial runway project would pave over Cherokee burial grounds and artifacts. The Airport Authority has agreed to have 25 percent of the artifacts at the site excavated, but the remaining will stay in place and be threatened by the construction.

There are approximately 400 burials at the site, according to an archaeological assessment done on the site in 2000. All of the burials will remain in place at the request of the Eastern Band of Cherokee Indians.

The Airport Authority has been very sensitive to the Eastern Band’s concerns about artifacts and burials at the site, Airport Authority Chairman Milles Gregory said. Excavating 25 percent of the artifacts at the site will cost $535,000.

Gregory said 100 percent excavation cannot be done because it would cost around $2 million, which is more than the Airport Authority can afford. However, Gregory announced at the meeting that the Airport Authority is now attempting to secure additional funding to do “stripping and mapping” of the entire site. He said the Eastern Band is very pleased with this.

Federal Aviation Administration Spokeswoman Kathleen Bergen confirmed that the FAA will provide additional funding for the stripping and mapping, but she didn’t know how much.

Archaeologist Mike Trinkley of South Carolina, who performed the archaeological assessment in 2000, said stripping and mapping does not remove the artifacts and burials from harm’s way. It simply involves taking off the top layer of soil and documenting what is there.

“Simply mapping the site does little in resolving the loss of information,” said Trinkley. “There will be a map showing where stuff was found, but by the time construction begins the stuff will be destroyed.”

Several project opponents at the meeting asked the Airport Authority how it could justify paving over gravesites.

The artifacts are not the only reason opponents are against the runway extension. Some just want to preserve the rural character and peaceful nature of the Iotla Valley.Many at last week’s meeting were nearby residents of the Iotla Valley and wore buttons urging that the valley be saved.

Dolly Reed of Franklin said she has Cherokee lineage and urged the Airport Authority to “let my people rest in peace.”

Resident Olga Pader said those who live in the valley have been excluded from meetings. Airport Authority member Tommy Jenkins said every Airport Authority meeting has been publicly announced. But Pader noted that there was a private meeting a couple of weeks ago with state, local, federal and Eastern Band officials discussing the project.

County Commissioner Bobby Kuppers, who serves as the Airport Authority liaison, said that was not an official Airport Authority meeting, but was a special conference called by the Eastern Band. Kuppers said the public cannot continue to be suspicious of the county government.

“If this sort of suspicion grows we’re in trouble as a county,” said Kuppers.

A distrust of county officials will destroy the county, said Kuppers, adding that the county commissioners are more open now than they’ve ever been.

The runway extension appears to be getting personal for some, as tempers were flying at the meeting.

Lamar Marshall, with the environmental group Wild South of Asheville, said one of the Airport Authority members called him “crazy as hell” at a recent County commission meeting. Airport Authority member Harold Corbin admitted he was the one who called Marshall “crazy as hell.”

In response to the insult, Marshall wore his Crazy Horse T-shirt to the Airport Authority meeting last week. He said his group is planning a lawsuit against the Authority and others involved in the project.

Corbin became impatient with Franklin resident Selma Sparks, who was trying to speak: “Sit down, because you’re through,” Corbin told Sparks.

However, not all those in attendance at the meeting last week were against the runway extension. Macon County resident Dwight Vinson said extending the runway 500 feet is good for the county’s economic development.

Franklin resident Norm Roberts agreed that the runway extension is needed for the county to thrive.

“This airport is essential to the economy of the area,” said Roberts.

Others also stated that the runway extension could help bring jobs to the area, but those in favor were heavily outnumbered by those against.

Airport Authority Chairman Milles Gregory said he agreed with some of the statements made by the public and disagreed with others.

Gregory then stated, as he has numerous times in public forums since the controversy erupted about a month ago, that the runway extension has been planned for eight years and that the public has been aware of the project for that long but is just now beginning to express concern.

Want to be on the board?

The five-member Macon County Airport Authority is appointed by the county commissioners for six-year terms.

Terms for members Tommy Jenkins and Harold Corbin are set to expire June 30 of this year, while terms for members Gary Schmitt and Pete Haithcock don’t expire until 2011. Chairman Milles Gregory’s term doesn’t expire until 2013.

The board meets the last Tuesday of the month at 4 p.m. at the Macon County Airport.
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Source: Smoky Mountain News

Native Rights News is making this material from the Smoky Mountain News available in accordance with the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.
____________
Native Rights News (NRN) is published by the Alliance for Indigenous Rights, a nonprofit corporation owned and operated by Temple Beit Shem Tov as part of its Peace and Justice Ministry.

Action Alert: Small NC Airport Plans to Desecrate 400 Cherokee Graves with Runway Extension

Editor's Commentary

Macon County Airport Authority, North Carolina is preparing to extend its airport in the Iolta Valley 600 feet into a well-documented ancient Cherokee Town Site. According to archaeologists this will not only destroy an irreplaceable cultural and scientific resource; it will also dig up, disturb, destroy or bulldoze and pave over the graves of an estimated 400 Cherokee ancestors.

Under North Carolina law, any Native American remains recovered must be given to state scientists, who can retain them for up to four years for study and "analysis." The decision as to ultimate disposal of the remains is left to the state bureaucracy instead of the Eastern Band of Cherokee.

Interestingly, any non-native remains that are unearthed are to be returned to their next of kin, whose right of determining how they should be disposed of is inviolate. In our opinion, this law violates the 14th Amendment's guarantee of Equal Protection under the Law because it provides disparate treatment on the basis of race and ethnicity. Additionally, because the project will receive partial federal funding it falls under the provisions of the Native American Graves Protection and Repatriation Act, which affords affected Native American tribes a say in such projects. A good attorney should be able to stop this shameful action.

The proposed airport extension is rightly viewed as an act of desecration by the Cherokee People, just as it would be by any other people, were it their ancestors.

With respect to projects such as this airport extension, North Carolina law requires that the developer and a state agency must come up with what is essentially a mitigation plan in "consultation" with the affected Native American tribe - in this case, the Eastern Band of Cherokee. After 8 years of such talks the Cherokee have steadfastly opposed the project and refused to "approve" the planned development. Although the law makes such approval mandatory, the plan is moving forward anyway. This once again proves the adage that in the United States "Money Trumps All."

In the following action alert, Sharon Kitchen, who is Cherokee and founder of Save the Sacred Sites Alliance calls upon all persons with a conscience to call a long list of bureaucrats and express their outrage and opposition to the project. - Perry Chesnut, Editor NRN

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Save The Sacred Sites Alliance

by Sharon L. Kitchen (Founder, STSSA)
Press Release: March 8, 2009



Urgent: For Immediate Release


Stop the Desecration of Cherokee Graves

What: This site was once a large Cherokee Town: pre-Cherokee Culture around 2 A.D. with over 1,500 postholes of ancient structures/200 food pits/over 400 graves.

Where: Adjacent to the Macon County Airport/in the Iotla Valley (per the 1760 Cherokee Town map) Franklin, N.C.

Why: Macon County Airport Authority wants to extend another 600’ of runway for the "affluent", part time homeowners.

Contact the Following with your Opposition

Macon County Airport Authority

Chair: Mike Gregory *(he feels it will be good for buisness), Macon County Courthouse, 5 W. Main St. Franklin, N.C. 28734 Phone:828-524-5529

Physical address : 1241 Airport Rd Neil Hoppe (manager) Franklin, N.C. 28734-1513 Phone:828-524-5529

Attorney: Joe Collins, P.O. Box 727 Sylvia, NC 28799, Phone: 828-586-1771(he is all for the "affluent" getting their way, and has stated, "This will be a real asset and an economic stimulus").


Rep. P. Phillip Haire NC House of Representatives, Legislative Office Building, 300 N. Salisbury Street,,Room 639 Raleigh, NC 27603-5925

Macon County Board of Commissioners: Chairman- Ronnie Beale, 177 Sloan Rd. Franklin, NC 28734, Phone:828.369.5044 (o) 828.524.4168 (h)


C0-Chairman – Dr. Jim Davis 37 Georgia Rd. Franklin, NC 28734 Phone:828.369.2054


Board Member Brian McClellan (Donald B) 18 Mount Lori Highlands, NC 28741 Phone:828.787.2131/828.342.0379

Board Member Bobby Kuppers 1652 Rose Creek Rd. Franklin, NC 28734 Phone:828.524.1954 (he also sits on the Board of the Airport Authority - conflict of interest?)

Board Member Robert L (Bob) Simpson P.O. Box 716 Franklin, NC 28744 Phone:828.369.1578/828.524.3525

**Deed for this property located in deed book S-25 Pages 1582-1585 (no NC excise Tax paid and was a simple title and a Warranty Deed, dated April 23,2002 **

Those opposed:

Michell Hicks, principal chief of the Eastern Band of Cherokee

Michael Trinkley, Ph.D., Archaeologist for the Chicora Foundation, P.O. Box 8664 Columbia, SC 29202 Phone:803.787.6910, trinkley@chicora.org, http://www.chicora.org/

As he said in a Citizen-Times article: "It’s an abomination, it’s vulgar, it’s obscene and it is disrespectful." In the Feb. 12, 2009 article, he said, "this is a very major, very large, late Cherokee site of exceptional importance, the likes of which we will not see again in our lifetimes."

There are many more people in and around NC as well as the rest of the world that do not want this site touched.

Save the Sacred Sites is opposed to the proposed action by the airport authority and the Macon County Commissioners. This entire area should be saved and not touched. Enough is Enough. Graves are sacred. No matter who’s they are. Anyone that is willing to join and fight to save this area please: write/fax/call/email, all those involved. Let all your friends/neighbors and contacts have this information. Time is all important.

Sharon L. Kitchen, founder
Save the Sacred Sites

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Following is Sharon's letter to Joseph Barkevich of the NC Department of Administration, which has jurisdiction over the proposed airport expansion.

To: Joseph Barkevich 3-5-09
c/o N.C Department of Administration Phone: 828.786.4261
1301 Mail Service Center
Raleigh, N.C. 27699-1301

From: Sharon L. Kitchen Phone:912.424.1260
P. O. Box 324
Townsend, Ga. 31331

Re: Sch#09E00000216 Type: NEPA, Applicant: Macon County Airport Authority
Desc: Airport project Region: A, County: Macon

I, Sharon L. Kitchen, on behalf of my organization, Save The Sacred Sites, herby state that we do not want any disturbance of the site referenced above. Our group has over 5,000 members world – wide. They have been informed of this project on our website.

There are many reasons:

(1st) : This is a pre- Cherokee site, with a date around 2 A.D. per Dr. Michael Trinkley’s archaeologist report, which I have.

(2nd): Over 400 graves would be desecrated. I and my husband are of Cherokee descent.

(3rd) : There has been no Environmental Impact Study done, as of this date.

(4th): Those not familiar with the burial practices of Native peoples do not know the ceremonies with each and every burial.

(5th): In this country the practice of embalming did not start until very late. Since this site goes back in time to around 2 A.D., all the way up through the arrival of foreign countries, (Spain, England, France, and others), there have been diseases that have been brought , that have killed thousands upon thousands of the indigenous population. All of this was before the arrival of the pilgrims. Then you have the army spreading smallpox through blankets to wipe the rest out. Against all these odds, we have survived.

Can any developer, 100%, guarantee the safety of any person going onto this site, against all diseases? I ask this because in North Gwinnett County of Ga., a site that also contained a mass grave of children, on the National Historic Registry, in the middle of a 2,000 acre area of burials was disturbed by a single bulldozer. The bulldozer operator died on the bulldozer with it still running. (He did not have a heart attack or anything else wrong they could detect. A 35-year old officer that just drove by the area to make sure the "scene" was still secure and the area not disturbed, fell ill the next day and 8 days later died in Emory. Hundreds of people fell ill. Most were either young children, older people or those with medical conditions. A lot or people in this category died. All this, just right before the Olympics in Ga. All of the suffering could have been avoided, if that one person had not opened the burial.

(6th) Does all the Cherokee heritage have to be wiped off the face of the Earth? I certainly hope not.

(7th) Do people respect the final resting place of those departed? I hope so. It used to be only the Native graves that were robbed, pillaged, destroyed, then the African- American, and last but not least, now the White graves.

Are the developers so greedy for money that they are blinded to any morals? This sure seems to be the case. There is only one problem with this; they too are going to pass on one day, and most people still prefer to be buried. Who will protect their final resting place??????

(8th) The airport authority is getting its money from a Federal grant, so the Eastern Band of Cherokee, Western Band of Cherokee and the Keetowah Band of Cherokee MUST under Section 106 be contacted and their wishes HAVE to be followed.

Please consider the above, before making any hasty decisions. After the graves are destroyed they can not be brought back. That history, my heritage, will be lost forever.

Thank you,
Sharon L. Kitchen

-- Action Alert Update --

By Dave Kitchen

March 8, 2009, 1:20 p.m. PT --

Time to act is running out. Letters to the EPA are needed before March 17th when comments will no longer be accepted. They must be sent to:

Joseph Barkovitch c/o N.C. Dept. of Administration, 1301 Mail Service Center, Raleigh, N.C. 27699-1301 Reference: Sch#09E00000216 type:NEPA
Applicant: Macon County Airport Authority
Desc: Airport Project Region:A
County: Macon

Just state how you feel about them building on burials and the site of origin of the Cherokee people.

Phone calls to the Macon County Commissioners will also be good also.This meeting is this coming Monday, March 9th, 2009 at 6pm.So it's important to act now!

Please pass this on!!!!!

Save The Sacred Sites Burial Site Alert- Very Important!!!!!!!!!!

My friends and family:
This is the site where the Cherokee people began. Many are buried here from ancient times. Please call, fax, etc... to let those in charge know that this is totally unacceptable.

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Source: Save the Sacred Sites Alliance

Native Rights News is publishing this presss release with the express permission of the author and publisher. This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.

Colville Tribe Tests Reservation for Wind Farm Potential

Colvilles explore wind energy potential

WENATCHEE, Wash. (AP) – A Native American tribe in northeastern Washington is partnering with a California company to explore the potential for wind energy there.

If studies prove the wind blows hard enough and often enough, a California company will seek to build a wind farm on the Colville Reservation. (File photo)

Clipper Windpower of Carpinteria, Calif, placed three wind gauges on the Confederated Tribes of the Colville reservation in July.

Peter Stricker, a Clipper vice president, said Thursday that wind testing would continue until about midyear. He declined to reveal the location of the wind gauges on the 1.4 million-acre reservation, which spans Okanogan and Ferry counties.

If studies prove the wind blows hard enough and often enough there, Clipper would seek to build a wind farm with up to 500 turbines, Stricker said. A wind farm of that size could create 50 to 200 temporary jobs during construction, then 10 to 20 permanent jobs to operate and maintain the wind turbines.

The tribes eventually would own all or part of the wind farm.

"That's our general philosophy – to facilitate tribal ownership," Stricker told The Wenatchee World for a story Friday.

Troy Johnson, CEO of the tribes' business division, did not immediately return a telephone message from The Associated Press on Friday.

Clipper currently has 50 wind projects under development nationwide with a total planned capacity of 10,000 megawatts. None are yet operational.

The Colville proposal is the company's first in a new focus to explore American Indian tribal lands for wind potential nationwide.

"Colville is the beginning of an interest to be very tribe-friendly developers," Stricker said. "We see the wind opportunity for the tribes as really tremendous."

Founded in 2000, Clipper has 850 employees and a–turbine-manufacturing plant in Cedar Rapids, Iowa.
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copyright © 2008 Native American Times

Native Rights News is making this material from Native American Times available in accordance with a license granted by Creative Commons as well as the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.

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Posted By Alliance for Indigenous Rights to Native Rights News at 1/20/2009 11:17:00 AM