Recent Washington Post Article on Pombo Bill opening up public land
.www.washingtonpost.com/wp-dyn/content/article/2005/11/09/AR200511 0902048_pf.html

Bill Would Sell Land Promised to D.C.

By Juliet Eilperin and Debbi Wilgoren
Washington Post Staff Writers
Thursday, November 10, 2005; A02

Tucked inside a huge budget bill headed for an upcoming House vote is a provision that could spur the federal government to sell off millions of acres of public land to mining interests, marking a major shift in the nation's mining policy.

The measure, which would generate an estimated $158 million in revenue over the next five years, would also put on the market key parcels of federal land in the District that had been promised to the city for initiatives such as redevelopment along the Anacostia River.

The surprise measure has angered even Republicans such as Rep. Thomas M. Davis III (Va.), who has vowed to fight it.

Congress has barred the government from selling land outright to mining companies since 1994, on the grounds that they should lease public land the same way oil and gas firms do to extract the minerals below. But House Resources Committee Chairman Richard W. Pombo (R-Calif.) said the measure would cut the deficit and promote private ownership. "In some states primarily owned by the federal government, it's important that more of that land become private property," Pombo said. "These environmental groups want the federal government to own everything."

Rep. Nick J. Rahall II (W.Va.), ranking Democrats on Pombo's committee, criticized the measure in an interview yesterday. He said that it "would result in a blazing fire sale of federal land to domestic and corporate interests."

Rahall said the government would collect hundreds of millions of dollars more if it charged an 8 percent royalty on the extracted minerals. "We're setting up Uncle Sam to be Uncle Sucker," he said.

The two sides offered sharply different estimates of how much land might be sold under the bill. The Congressional Budget Office has estimated that no more than 360,000 acres would immediately come on the market, but environmentalists said 5.7 million acres could end up on the auction block. The bill would set the sale price at as much as $1,000 an acre or "fair market value," whichever is highest -- but based only on the land's surface value, not its potential mineral wealth.

"It could be the largest privatization of federal land in the last 100 years," said John D. Leshy, a professor at the University of California Hastings College of the Law who served as the Interior Department's solicitor under President Bill Clinton.

Pombo spokesman Brian Kennedy called those estimates "patently absurd."

The legislation, which would amend the 1872 Mining Law, would allow companies to buy land they are mining and adjacent parcels for "sustainable economic development." Critics said this language, which does not require buyers to prove there are minerals beneath, could lure companies searching for real estate investments.

"Anybody who want to could go out there and make a claim on public land could just go out and do it, and do other things with the land other than mining," said Mat Millenbach, the Bureau of Land Management's former state director in Utah and Montana.

But Luke Popovich, a spokesman for the National Mining Association, said the change would provide companies with the certainty they need to pursue operations.

"You're not suddenly turning Western mining lands into high-end condominium developments," Popovich said. "These companies are mining companies, and that's far, far removed from commercial exploration."

Pombo's plan has also outraged D.C. politicians because it would undermine legislation sponsored by Davis and endorsed by President Bush that would transfer land for free to the city to compensate for Congress's ban on a commuter tax and for the resulting increase in the city's fiscal burden.

The areas affected by the bill include 100-acre Poplar Point, where the District is planning a 70-acre waterfront park surrounded by offices, shops, hundreds of apartments and possibly a professional soccer stadium; 15 acres of parking lots and fields just north of Robert F. Kennedy Memorial Stadium, where the Washington Nationals baseball team currently plays; and parcels near the Eastern Market Metro station on Capitol Hill, Waterside Mall in Southwest and the site of a new stadium for the Nationals just off South Capitol Street.

Much of the land is central to the Anacostia Waterfront Initiative, a 20-year, multibillion-dollar plan to create vibrant neighborhoods, parks, trails and cultural amenities on industrial, blighted or underused land.

"Although we understand the need to balance the budget and trim . . . we really don't think the D.C. land is the appropriate vehicle to do it," said Gregory M. McCarthy, Mayor Anthony A. Williams's deputy chief of staff for policy and legislative affairs. "We hope that on the floor, or else in conference, the D.C.-specific land stuff can come out of the bill."

Davis, whose bill is awaiting a Resources Committee vote, said he has told House leaders that he will vote against the final budget bill if it includes Pombo's language on the District. "At the end of the day, this stuff is not going to become law," Davis said of the D.C.-specific provisions.

But Pombo said the bill still gives the District half the land for free.

New Analysis on Costs of House Budget.
Also, direct link to state by state analysis of lands that could be affected: http://www.ewg.org/reports/dirtcheap/
From: Alan Septoff [mailto:aseptoff@earthworksaction.org]

EARTHWORKS * OIL & GAS ACCOUNTABILITY PROJECT
joint press release

For Immediate Release: 11/8/2005
Contact: Alan Septoff, EARTHWORKS, 202-887-1872x205

*** NEW STUDY SHOWS BUDGET BILL COULD HELP ENERGY CORPORATIONS AVOID PAYING BILLIONS OF DOLLARS IN REVENUES TO U.S. TREASURY AND WESTERN STATES

*** Proposal Would Allow Energy Corporations To Buy Public Lands Instead Of Leasing Them, Avoiding Royalty Payments Worth More Than $2 Billion Last Year Alone

Washington, DC-The federal government and western states stand to lose billions of dollars in royalties from energy development on federally owned lands in the West, according to a new analysis of mining provisions in the House Budget Reconciliation bill prepared by EARTHWORKS. According to the U.S. Department of the Interior, energy corporations paid more than $2 billion in royalties for onshore oil, gas, and coal development in 2004 alone.

In a reversal of more than 130 years of federal land management policy, the mining provisions, inserted by House Resources Committee Chairman Richard Pombo (R-California) and Congressman Jim Gibbons (R-Nevada), would allow any corporation or other private interest to buy public lands for $1,000 an acre or the fair market value of the surface land, whichever is greater. Private interests could buy the land without even having to show that it contains minerals.

"While the nation is struggling to pay for Katrina relief, the war in Iraq, and basic services at the state level, Congressman Pombo wants to give energy corporations a multi-billion-dollar free ride, " said Gwen Lachelt, director of the Colorado-based Oil and Gas Accountability Project. "Energy corporations made more than $100 billion in profit in the last three months alone. They don't need another handout from Congress, especially one that is cynically hidden in a massive budget bill."

Included among the more than 270 million acres of public land that would be open for sale under the House budget bill are lands leased for energy development. Last year, some 38 million acres were under lease to energy developers in the Western states affected by the mining amendments. Under current federal law, leaseholders pay federal royalties of between 8 percent and 12.5 percent of the value of the fuels they extract from public lands. Under the Pombo provisions, however, the corporations that currently lease these lands could buy them outright, potentially withdrawing a significant source of federal revenue. Royalties are not imposed on privately owned lands.

The federal Mineral Leasing Act requires that 50 percent of federal royalties that accrue from public lands leased for energy development be returned the originating western states. Last year, these royalties amounted to approximately $1 billion to the states.

Because royalties are paid annually, they provide a major, ongoing source of revenue for western states and the federal Treasury unlike land sales, which would be a one-time payment. (See the table below for the state-by-state breakdown.)

At a time when state governments are strapped financially and the federal government is facing a record budget deficit, the loss of royalty transfers could create more hardship.

State -- Revenues from oil/gas/coal bearing federal lands --
Revenues disbursed to the states
AK -- $20,619,462 -- $10,309,731 AZ -- $609 -- $304 CA -- $44,436,868 -- $22,218,434 CO -- $143,738,315 -- $71,869,157 ID -- $3,648,939 -- $1,824,470 MT -- $54,144,720 -- $27,072,360 NV -- $2,185,244 -- $1,092,622 NM -- $681,600,077 -- $340,800,039 OR -- 62,768.00 -- 11,469.56 SD -- $763,930 -- $381,965 UT -- $119,496,020 -- $59,748,010 WA -- $24,060 -- $12,030 WY -- $976,561,983 -- $488,280,991 TOTAL -- $2,047,220,227 -- $1,023,610,113 ------------------------------------------------

PRINTABLE

For Immediate Release – Western Shoshone National Council Statement delivered to members of Congress in the House on Nov. 8, 2005

Western Shoshone National Council Statement on a House Resources Committee Budget Reconciliation Package, Subtitle B

Currently, the U.S. House of Representatives Resources Committee has a Budget Reconciliation bill pending, sponsored by Congressman Pombo (R-Calif.), Chairman of the House Resources Committee. This bill would allow major mining corporations to purchase outright—for $1,000 per acre—“public lands” where they have established mining claims. Congressman Rahall, the Resources Committee Ranking Democrat has said: “If enacted, this proposal would result in a blazing fire sale of federal lands to domestic and nternational corporate mining interests. This is the worst kind of sham reform of the Mining Law ever to be promoted in my tenure of Congress.” The Western Shoshone National Council concurs with Congressman Rahall’s assessment of this terrible piece of legislation, but we, as traditional Western Shoshones, also oppose this bill because it would sell lands that belong to the Western Shoshone.

The United States currently classifies approximately 90% of Western Shoshone lands as federal lands. Their lands are now the 2nd largest gold producing area in the world and the Nevada Congressional Delegation and the U.S. Administration have pushed hard to distribute a one time monetary payment to lift cloud to title on this same land base. The Western Shoshone Nation has successfully defeated several legislative efforts to privatize key areas of their lands, the most recent of which have been HR 2869 and S 719. The issue has received national and international attention and has been a focal point in campaigns by Amnesty International and Oxfam America, to name a few. Despite the controversy and lack of due process afforded Western Shoshone, in June 2004, Congress passed the Western Shoshone Claims Distribution Act, legislation that allowed for a distribution of the Indian Claims Commission monies to individual Western Shoshone Indians who could prove ¼ degree or more Western Shoshone ancestry. President Bush signed the bill into law in July 2004. As of today’s date, there has been no distribution of these monies and the Western Shoshone have filed an Urgent Action Request with the United Nations Committee on the Elimination of Racial Discrimination to seek good faith dialogue with the United States to address the issues.

Just prior to passage of the Western Shoshone Claims Distribution Act, which was vehemently opposed by the Western Shoshone Nation, Congressman Gibbons (R-Nev.) and Congressman Pombo responded to the concerns of a number of their fellow congressmen by saying, on the record, that no effort would be made to privatize Western Shoshone lands within the boundaries described in the Treaty of Ruby Valley. Instead, immediate action would be taken by the federal government to work toward a negotiated resolution of the land dispute between traditional Western Shoshones and the United States. As a result of these assurances, several members of Congress who had serious questions about the legislation decided to remove their objections.

Now, just sixteen months after he and Congressman Gibbons gave those assurances to their congressional colleagues, Rep. Pombo has put forth a legislative proposal to allow Western Shoshone lands within the boundaries of the Treaty of Valley to be sold off to major mining corporations. We traditional Western Shoshones unequivocally oppose Congressman Pombo’s legislation a violation of our ancestral and treaty rights to our own territory. We respectfully ask you to join Congressman Rahall in opposing this wrongheaded legislative provision.

For the traditional Western Shoshone people, this struggle is not just one of who “owns” the land, but one of deep cultural and spiritual significance. As a people, we are deeply rooted to the lands where we were placed by the Ah-peh (Father God) and have a responsibility to safeguard those lands, the air and the water against destructive activities. It is our spiritual teaching that the Earth is our mother and to try to remove us from our lands or displace us by privatization efforts would be to commit spiritual genocide on our people. We appreciate your attention to this very serious matter. For questions or additional information, please contact: Western Shoshone Defense Project (775) 468-0230, wsdp@igc.org Sincerely, Raymond Yowell, Chief WSNC

Western Shoshone Defense Project
P.O. Box 211308
Crescent Valley, NV 89821
(775) 468-0230
Fax: (775) 468-0237
www.wsdp.org

November 08, 2005

URGENT -- Sign on letter sent out by Indigenous Environmental Network to members of Congress regarding legislative effort to begin privatizing "public" lands. Please respond directly to IEN at rshimek@ienearth.org or call 877-436-2121.

EWG Report || Dirt Cheap: America's Lands in Speculators' Hands
(link opens in new window, close window to return to this page)

All,
Attached is the letter a committee of us put together opposing the Pombo amendments to the Budget Reconciliation Bill. We sincerely hope that it generally addresses your concerns about potential effects this legislation will have on Indigenous Lands. We also hope you will sign onto it. If so, I need to know precicely how you want to be listed. The turn around on this is short. Respond directly to me here at IEN either through email or call 877 436 2121. If I am not here, leave me a voicemail. All responses have to be in by 11 am tomorrow, Nov. 9th. The letter will be delivered tomorrow afternoon to the rules ommittee. This is the best shot at getting this language removed from the budget legislation.

Please let me know asap.
Bob Shimek
Mining Projects Cordinator
Indigenous Environmental Network

Our site provides a state-by-state analysis of Pombo's legislation, detailing the land that could be affected. Please feel free to use and circulate and let me know if you have any questions.

http://www.ewg.org/reports/dirtcheap/

Loophole could open mining land to development

By Mike Soraghan

Two expert lawyers with experience in mining and natural resource law said the mining overhaul would go beyond what its sponsors say they intend by allowing development of public land for non-mining purposes.

"It essentially would put a whole lot of public land on the market," said Roger Flynn, who runs the Western Mining Action Project in Lyonsand teaches mining law at the University of Colorado law school.

At issue is a legislative effort by Rep. Jim Gibbons, R-Nev., to lift a moratorium on "mine patents," which allow mining companies to buy the public land they're mining.

Under Gibbons' plan, companies would have to pay $1,000 an acre or fair-market value, whichever is greater. Before the moratorium, the land could be sold for as little as $2.50 an acre.

Democratic critics note that companies would still get the gold, silver and other minerals for free. Rep. Nick Rahall, D-W.Va., said lifting the moratorium is a giveaway to what he sarcastically called "the poor multinational gold-mining companies."

But John Leshy, former solicitor at the Interior Department under President Clinton, said the provision could help real estate developers as much as mining companies, if not more.

In the past, buyers had to prove they had a legitimate plan to mine the land. The new legislation would remove that requirement. Instead, the land would simply have to be a "mineral development area," or next to one. Flynn and Leshy say that's the loophole.

The proposed law requires that the public lands, in order to be sold, would have to be claimed for mining or contiguous to a mining claim, said Leshy, who teaches law at the Hastings College of the Law. But given that millions of mining claims were filed during the settlement of the West, he said, such land shouldn't be hard to find.

"One can infer it's not about mining at all, it's about real estate development," said Leshy. "You could have a 20-acre claim out in the middle of nowhere. Someone could come along and put 500 claims around it. You'd have a ski area."

Gibbons said that's not what he's trying to do. He said he wants to let mining companies buy land, so that when they close down their mines, they will leave roads and other infrastructure on the land for local communities to use.

"By privatizing the land, infrastructure is allowed to stay on the land," Gibbons said. "My amendment will help to encourage investment in domestic production and provide for the sustainability of mining-dependent communities."

Matt Streit, a staffer for Gibbons' committee, said mining companies would have to comply with existing mining rules.

The mining industry says Flynn and Leshy have it wrong, that the legislation applies only to established mining companies.

"The bill is set up so you don't have people masquerading as mining companies," said Carol Raulston of the National Mining Association.

Flynn and Leshy disagree. They note that the title of the section they're worried about is "Land open to purchase by citizens,"and contend that it is not tied to the bill's other section defining a mining company. And they contend Gibbons' language wipes away many of the safeguards blocking purchase of public lands.

Leshy said the disagreement could be resolved if the legislation were debated on its merits rather than being tacked onto an unrelated bill called "budget reconciliation."

The mining provision was part of a 184-page package released on Oct. 24, and approved in committee two days later.

Democrats managed to exempt national parks from the mining provisions, but there was no discussion of the real estate development potential of the legislation.

"You don't fix a problem no one has ever heard of in the middle of the night with really sloppy language," Leshy said, speaking figuratively. "I smell a rat with that explanation."

The budget bill, which also opens the Arctic National Wildlife Refuge to drilling, could go to a vote of the full House as early as this week.The Senate has passed a version without the mining law overhaul. The differences would be worked out in a conference committee.

The Rockies are rife with old claims, mine dumps and mill sites. Many of the West's ritziest ski towns, such as Aspen and Telluride, began as mining towns.

Much of the private land in the mountains is old mining claims that were "patented," or sold by the government to miners.

Across the West, 9.2 million acres of public land have been claimed or patented. Under Flynn and Leshy's interpretation, that land and land adjacent to it could be opened to development.

In Colorado, 1.3 million acres have been claimed or patented.

Many people in Crested Butte were outraged last year when the Bush administration sold a mining company 155 mountaintop acres above the town for $875. The company requested a patent before the 1994 moratorium and was "grandfathered in."

A growing number of real-estate investors are already using "patented" mining claims left over from the 1800s for home sites in the mountains. Under Flynn and Leshy's interpretation of the bill, even more mountain land could be developed.

Both sides agree that the bill would require those buying the public land to pay "fair market value." But even that process can be open to abuse.

In any case, Flynn said, it would revert public lands policy in the United States back to disposal. That was the policy under the Mining Act, the Homestead Act and other policies up until 1976.

"It's a reversal of the whole retention policy," Flynn said.

Staff writer Mike Soraghan can be reached at 202-662-8730 or msoraghan@denverpost.com.

 
Direct links to the legislative language and to
Congressman Rahall's press release regarding the bill below.

http://resourcescommittee.house.gov/issues/more/reconciliation/cmteprintbudgetrec.pdf
(see Subtitle B).
http://www.house.gov/apps/list/press/ii00_democrats/budgetmininglaw.html

For more information contact:
WSDP 775-468-0230
or Hager & Hearne at
775-329-5800.

Press Release for Immediate Release
Land Giveaway Bill Confirms Western Shoshone Predictions

Nov. 4, 2005. Crescent Valley, NV (Newe Sogobia). Confirming Western Shoshone predictions about massive federal land giveaways, the House Resources Budget Package was amended last week[1] to include what Congressman Rahall has dubbed a "blazing fire sale of federal lands to domestic and international corporate interests".[2] Subtitle B of the bill lifts the moratorium on privatization or patenting of lands by mining companies and opens up virtually all federal or "public" lands at a small fraction of its true value. The measure could come to the House floor for a vote as early as next week.

This "liquidation sale" would include the vast majority of lands home to the Western Shoshone Nation - lands formally recognized by the U.S. as owned and occupied by Western Shoshone under the 1863 Treaty of Ruby Valley and now the subject of ongoing federal lawsuits and international proceedings. The land area is called Newe Sogobia in Shoshone and spans across the states of Nevada, Utah, Idaho and into Death Valley, California covering approximately 60 million acres of land, 80-90% of which is claimed as federal or public lands by the United States. The area is the 2nd largest gold producing area in the world and the U.S. Geological Service touts it as North America's number one investment opportunity for the extractive industry. It contains Yucca Mountain, where the U.S. has been pushing to open a permanent nuclear waste repository. And importantly, it is also home to one of the most visible and well-established Indian land struggles in U.S. history - that of the Western Shoshone. Congressman Richard W. Pombo (R-WA), Chairman of the House Committee on Resources, defends his legislative measure by claiming that the sale of public lands will raise money to pay federal debts and will encourage "sustainable economic development". The Western Shoshone do not agree and instead stand committed in their resolve to uphold their land title and protect their lands and waters from irresponsible corporate exploitation.

Just last year, in the face of Congressional promises of resolving the long standing land issues in "good faith" by compelling the Shoshone people to sell their land for 15 cents an acre, the Western Shoshone National Council and seven of the nine tribal councils opposed Congressional efforts and predicted that the real beneficiaries of the "Indian money" would be multinational mining and energy companies standing to gain billions of dollars by privatization of "public" lands and expanded resource exploitation. The handwriting was on the wall even then - while Congress tried to push the one-time payment on the Shoshone people, the Executive Branch, through the Department of Interior was destroying the economic livelihood of Western Shoshone by conducting military-style seizures of Western Shoshone cattle and horses. The land base was recently announced as the 2nd largest gold producing area in the world. Some $30 billion dollars in gold has been extracted from the region to date. In one instance, only months after removal of horses belonging to Western Shoshone grandmothers Mary and Carrie Dann, Placer Dome, the world's 5th largest gold company, announced a doubling of its gold estimate from the same lands where the horses were seized. Other large gold corporations operating in the area include Barrick, Newmont, and Kennecott. The gold is microscopic and the mining is open pit, cyanide heap leach mining employing dewatering of up to 70,000 gallons of water per minute for one mine alone. The Shoshones' predictions, which some dubbed "conspiracy theories" and others saw as "synchronized thievery" have now come to fruition with the latest Congressional maneuver to make any and all alleged "public" lands part of a liquidation sale to bail the United States out of debt.

"Western Shoshone title is still intact. We have been fighting this for years and will continue to fight. The U.S. thought when they made some notations in their bookkeeping that the Shoshone would be "paid" and any cloud to land title would be lifted. Well, they were wrong and we're still here. We've never accepted their money and never will - our land, the earth mother is not for sale and we will protect her and continue our responsibilities as caretakers under the Creator's law." Stated Raymond Yowell, Chief of the Western Shoshone National Council.

Bob Hager, Attorney for the Western Shoshone added: "What we have here is an attempt by the United States to swindle the indigenous people, the public and investors. Western Shoshone land title is in litigation in the federal courts and the subject of a United Nations human rights inquiry. The U.S.' behavior on this issue has already been found to violate basic human rights to property, due process and equality under the law. This latest maneuver only compounds those violations and draws in the complicity of the corporations. You can't sell what is not yours in the first place and the companies lining up for the dole should keep that in mind."

1.http://resourcescommittee.house.gov/issues/more/reconciliation/cmtepri ntbudgetrec.pdf (see Subtitle B).
2. http://www.house.gov/apps/list/press/ii00_democrats/budgetmininglaw.html

-----Original Message-----
From: Robert Shimek [mailto:rshimek@ienearth.org]
Sent: Friday, November 04, 2005 6:45 AM

Subject: Important Conf. call Pombo amendment

All,
Many of you are aware by now that there is an amendment to the Budget Reconciliation Bill which will result in a massive land grab by mining companies of so-called federal lands (much of it is stolen Indian land). There are a couple problems with this. One, there is very little Indigenous voice in this legislation, Two, some Tribes, including Western Shoshone are going to be hugely impacted. While IEN signed unto the letter opposing the land give away, other groups, individuals, and Tribes were not consulted about it. This needs to be rectified immediately. The National budget will be voted on soon. I am proposing to have a conference call tomorrow, Friday, Nov. 4 at 3 central time, 2 mountain time, 1 Pacific, and noon Alaska time or the same time on Monday Nov. 7th. Because the budget will be voted on soon, the sooner we do this, the better. This matter is urgent and will nave consequences for Tribes for years to come. Sorry for the short notice, do let me know what will work best for you (Friday or Monday) and I will send out the call info.

Bob Shimek
IEN

Arctic National Wildlife Refuge

It's The 11th Hour ­

Throughout the previous years, the Gwich’in indigenous peoples, conservation and environmental coalitions and American voters have successfully prevented U.S. Congress from opening up the Arctic National Wildlife Refuge to oil drilling. But the political landscape of America has changed. With record highs in gasoline and fossil fuel prices, the oil and energy industry are using fear to push their corporate agenda to open the Arctic Refuge to drilling.

Oil corporations and their friends in the U.S. Congress continue to try to use the Budget Process to open the Arctic National Wildlife Refuge to oil drilling. They have attached a drilling provision to the massive 2006 Budget Reconciliation package in an effort to limit public debate and circumvent normal congressional procedure. The Senate is expected to vote this Thursday, November 3, and the House is poised to vote the week of Nov. 7.

The most important thing to do RIGHT NOW to help save the Arctic Refuge is to call your Senators http://www.senate.gov/ and Representatives http://www.house.gov/. Urge them to vote against any budget reconciliation bill that allows oil drilling in the Arctic Refuge.

You could call them at the Capitol switchboard: (202) 224-3121.
Or call toll-free with the Arctic Action Hotline: 1-888-8-WILDAK (1-888-894-5325).

Want to do more?

Call your Senator's in-district office and leave a message there as well. Only through your action can we ensure the safe future of the Arctic National Wildlife Refuge and this countries’ other special areas that are rich in biological and cultural diversity!

Some key points to remind your elected representatives:

Please vote against any budget reconciliation budget that allows oil drilling in the Arctic Refuge. The Arctic Refuge is a national treasure that should be protected for future generations, not destroyed for a speculative and finite amount of oil. Even the Energy Information Agency has determined that Arctic oil, even at peak production, will only reduce the cost of a gallon of gas by about a penny…..in 20 years.

We don't need to plunder our natural heritage to meet our country's energy needs. The gains are too small and the sacrifice too great.

Drilling in the Arctic has nothing to do with the budget nor with generating revenues for America. The figures put forward in the reconciliation package are highly speculative at best. Both the House and Senate assume $2.4 billion in revenues from Arctic drilling, a number that is inflated to 80 times the going rate for oil leases in the region. If they really cared about high prices, they would be looking into why oil companies are raking in record profits in the wake of the recent hurricanes.

The issue of oil drilling in the Arctic Refuge is too important to the American public and future generations to be snuck through in the budget bill in an attempt to circumvent the established process. It should be fully debated and brought to a vote on its own merits.

Drilling in the Arctic National Wildlife Refuge would not put a dent in our dependence on foreign oil, would do nothing to strengthen our national security, and would not save consumers a dime at the pump. But the harm to wildlife and this spectacular wilderness would be permanent and irreparable.

Any construction and implementation of the vast oil extractive infrastructure to be built in the pristine environment of the Arctic Refuge presents too much of an ecological risk that could endanger the survival of the Porcupine Caribou, polar bears, migratory birds and other rich biodiversity. Any impact to the caribou and biodiversity in the Arctic Refuge area would negatively impact the cultural and human rights of the Gwich’in and Inupiaq indigenous communities.  Opening this area to oil drilling could set into motion the next step towards drilling offshore adjacent to Inupiaq villages such as Kaktovik.

Americans deserve a cheaper, quicker, safer and cleaner energy policy that safeguards the wild places we care so deeply about. We cannot drill our way to energy independence, but we can embrace responsible measures and real, 21st Century energy solutions that make cars go farther on a gallon of gas, promote conservation, energy efficiency, invest in clean renewable energy, and protect our natural heritage.

By simply increasing fuel efficiency standards for our cars to an average of 40 miles per gallon we could save more oil than we currently import from the Persian Gulf or could ever extract from the Arctic Refuge, combined.

There are some places that should be off-limits to oil drilling and industrial development, and the Arctic Refuge is one of them.

The Arctic National Wildlife Refuge in Alaska is the home of the Porcupine Caribou Herd's calving grounds, located in the Northern coastal plain. This coastal area referred to as ANWR or the 1002 lands by the oil companies, is to the Gwich’in Vadzaih googii vi dehk'it gwanlii - or "sacred place where life begins," and is *exactly* where the U.S. Republicans want to drill for the *possibility* of oil

The Gwich'In Nation from Alaska is campaigning
right now to protect the Arctic National Wildlife Refuge

ACTION ALERT!!
Protect the Arctic National Wildlife Refuge!
please visit www.drumforthearcticrefuge.info for the latest campaign information

first, a personal message from Evon Peter, former Chief of Arctic Village:
Sent: Wednesday, August 10, 2005 9:54 PM
Subject: Drum and Sing for the Arctic Refuge

I am writing to inform you of a national campaign called "Drum! Sing! Dance! Protect the Arctic Refuge" that will be launched this Saturday the 13th in Washington DC. The Gwich'in Nation gathered in Gwichyaa Zhee (one of the Gwich'in villages) earlier this summer and called upon the Gwich'in Steering Committee to lead this national effort.

There is info and press release below that further explains the effort as well as three websites that I encourage you to visit that will have info and updates on the campaign.

This Fall is a crucial battle for our people. Certain members of Congress are trying to insert the Arctic Refuge into the national Budget Bill. If there is anyway you can help, it would be greatly appreciated.

A few ideas are below:
• Forward this e-mail onto your contacts
• If you are a musician or artist, dedicate songs or art to protection of the Arctic Refuge
• Call local radio stations and dedicate songs to protect the Arctic Refuge
• Join us in DC during the week of September 20th or earlier as we Rally for the Refuge
• Call the capital switchboard and ask to talk with your Congressional leaders about Protecting the Arctic Refuge at 877.762.8762
• Make a financial contribution to this National Campaign

Thank you for all of your support to protect our way of life. Evon Peter, Neetsaii Gwich'in, Chairman Native Movement

Starting Saturday, August 13, through September, every day, from morning to sunset, there will be a drumming, singing, dancing vigil, sponsored by the Gwich'in Nation , in honor of the calving and nursery grounds of the Arctic National Wildlife Refuge. Where: In the small triangle park across from the entrance of the National Museum of the American Indian, at the intersections of Independence Ave., 3rd Street and Maryland Avenue. When: Starting August 13, every day, from 9am to 6pm through September, and maybe more... JOIN IN

Learn More - Help Protect the Arctic Refuge
www.gwichinsteeringcommittee.org
www.drumforthearcticrefuge.info
www.arcticrefugeaction.org

Media Advisory for Saturday, August 13, 2005
Contact: Luci Beach, Gwich'in Steering Committee,
(907) 458-8264, cell: (907) 378-8640
Jessica Nusbaum, Fenton Communications,
(415) 901-0111, cell: (415) 548-5377

Gwich'in Nation Launches Vigil in Washington, D.C. to Protest Drilling in Arctic National Wildlife Refuge Month-long Vigil Kicks Off During National Powwow; Will Highlight the Imminent Threat to Gwich'in Human Rights

WASHINGTON, D.C. - With a Congressional vote on drilling in the Arctic National Wildlife Refuge approaching as early as September, the Gwich'in Nation, who depend on the Caribou that give birth in the Refuge for food and survival, will kick off a month-long protest on Saturday to call attention to the serious threat drilling poses to their lives and livelihood. The launch coincides with the National Powwow, which will bring Native American tribes from across the nation together in Washington, D.C. this weekend. The fight over drilling in the Arctic Refuge is the most high-profile issue facing the Native American community today, and the outcome will set an important precedent for the federal government's respect of tribal and subsistence rights.

DRUM SING DANCE PROTECT the ARCTIC REFUGE!
will be a six-week demonstration of traditional Gwich'in drumming, song and dance in the park directly across the street from the Smithsonian National Museum of the American Indian. The location underscores the striking parallels between the tragic history of the Plains Indians-who relied on buffalo for their subsistence until the policy of the United States decimated the herds -- and the current Gwich'In fight to protect the caribou on which they depend. The caribou, which give birth to their young in the Arctic National Wildlife Refuge, are essential to the mixed subsistence and cash economy of the modern Gwich'in Nation. In some villages, wild resources, particularly caribou and fish, provide as much as 70% of the Gwich'in diet.

At the launch Gwich'in leaders will describe the moral significance of the decision that Congress must make in September: the lives and livelihood of the Gwich'in people or oil company profits.

WHAT: Launch of Drum! Sing! Dance! Protect the Arctic Refuge vigil
WHEN: Saturday, August 13, 1:00pm
The ongoing vigil will take place between 10am - 6pm every day during August and September.
WHERE: Park at the intersections of Independence Ave., 3rd Street and Maryland Ave., SW
WHO: Sarah James, respected Gwich'in elder; Evon Peter, Gwich'in, Arctic Village
VISUALS: Demonstration of traditional Gwich'in drumming; photographs of the Gwich'in people of Arctic Village; information and speakers on hand to describe current Gwich'in life and issues.

Thank you for reading this. Thank you for caring.

To: All Activists
From: Lisa Dix, American Lands Alliance
Date: October 19, 2005

Heads Up: Walden's Logging Bill Coming Soon

Representative Walden (R-OR) could introduce his post-disturbance logging bill as early as next week. Rumors have it that Representative Brian Baird (D-WA) is considering cosponsoring the bill. Pressure is needed to stop Baird and others from joining Walden's efforts.

Although no language has been shared at this time, we have heard that Walden's legislation will most likely weaken enviromental review and public participation requirements under the National Environmental Policy Act (NEPA), waive cumulative effects requirements for post-disturbance logging, and promote logging followed by artificial planting as the predominant management solution after natural disturbances (such as blowdown, fire, insects, and ice storms). It is also speculated that the bill will contain a provision requiring that the public post a bond in order to administratively appeal and/or litigate a project covered by the bill.

Walden's proposal would promote converting natural forests into tree plantations - artificially planted tree farms that more closely resemble cornfields than forests -- by mandating that areas be logged, then replanted quickly after natural disturbances, instead of being allowed to naturally recover. These actions would threaten wildlife by replacing biologically diverse forests with biologically impoverished tree farms, and increase future wildfire risks on National Forests by eliminating a natural forest's fire-resistant features and replacing them with a tree farm prone to severe fires.

Meanwhile, Representative Tom Udall (D-NM) has introduced legislation, "National Forests Rehabilitation and Recovery Act of 2005" cosponsored by Representatives Rahall (D-WV) and Grijalva (D-AZ). This legislation is a common sense approach. The bill authorizes the Forest Service and Bureau of Land Management to carry out five collaboratively created pilot projects dealing with post-disturbance rehabilitation. Federal forest land communities can apply to participate in the pilot program by meeting a number of different criteria, with specific consideration given to communities that have a proven track record of working in a collaborative manner to resolve natural resource issues. This bill includes independent, third party monitoring of the forest areas following rehabilitation operations to track the short-term and long-term impacts of rehabilitation activities. The legislation further creates a National Oversight Committee of scientists to provide scientific and socioeconomic monitoring and evaluation of the pilot program.

TAKE ACTION: Please call Representative Baird's office today at 202-225-3536 and ask him to reject Congressman Walden's environmentally destructive logging bill.

Sample Talking Points

• There is a critical need to support fuels reduction and community wildfire protection, not post-fire logging.
• Post-fire logging can be very damaging to salmon and other wildlife because of the highly unstable soils found in areas that have burned.
• Walden's legislation will only add more fuel to the fire: a bill that limits public involvement and reduces Forest Service and BLM accountability will only lead to more lawsuits and more tree-sitters. What we need now is legislation and funding to de-escalate conflict through collaboration, not increase it.
• The Forest Service and BLM already have the tools they need, both legislatively and administratively, to complete post-fire restoration. But, Walden's bill is not about restoration it is about logging.

Walden's legislation would create yet another unfunded mandate at a time when Forest Service and BLM budgets, particularly in the Northwest, are dropping precipitously.

Lisa Dix
National Forest Program Director
American Lands Alliance
ldix@americanlands.org
Ph: 202-547-9105; Fax: 202-547-9213

URGENT SOLIDARITY!!!
Tena, Community Shiwa Yacu, August 23, 2005

The community Shiwa Yacu finds itself defending its ancestral lands against ambitious, very wealthy outside interests from the United States of America and from Ecuador - Michael Porter (United States) and Gerardo Moscoso (Ecuador), the latter a dealer of Indigenous lands who buys property titles then sells them at much higher prices.

The land of Shiwa Yacu has been coveted by mining companies since gold deposits were found there. But these lands belong to a community that defends them, that fights to conserve its ancestral lands- this has made it impossible for these companies to enter the territory. This has led them to another way to go about it: the forceful evacuation of community members. Shiwa Yacu considers all 'legal figures' to be illegal, since the community has occupied this land since long before the colonists arrive and told them they did now own an official title to the lands granted by the state. We will never give up our lands; they were the lands of our fathers and their fathers before them. Now they are ours, and in the future, they will be our children's. Therefore, we state: 'we will defend our lands like ferocious tigers, and if necessary, we will offer our lives for our children and our grandchildren, and for our ancestral lands'.

This is the decision that we made the 23rd of August in the meeting at the central office in Tena of the Network of Kichwa communities of the Amazon (LA COORDINADORA DE COMUNIDADES KICHWAS DE LA AMAZONIA CORKA), since an illegitimate act was taken at the Institute of Agrarian Development between the supposed 'legal owner' of the land (the 'owner' only for having the official titles in his power)- Mr. Michael Porter (United States)- and Gerardo Moscoso (wealthy colonist and land dealer)- the former who has passed the ownership on to the latter. Therefore the community of Shiwa Yacu finds itself extremely concerned, and has now declared a state of emergency and maximum alert, since Mr. Moscoso has sent, on various occasions, his workers well-armed to attack the community, to make them want to abandon these lands. We have refused completely- we are not going to abandon our only home, which has been ours for more than 110 years.

Starting tomorrow, the 24th of August, we will close all access to the community, and will be at maximum alert, ready for any act of aggression that may come from Mr. Moscoso or authorities that we may find in favor of the side with more money. Therefore, we are calling out for solidarity from everyone in Ecuador, and countries in Europe, Latin America, and North America, human rights organizations, political movements, National Congress, national and international means of communication, and all organizations in support of our defense of the ancestral lands of Shiwa Yacu. The community would prefer suicide than to lose its only land, its only home, to laws that favor only people of high status and not indigenous peoples, for not having economic resources that can pay for lawyers or ambitious interests of state institutions.

The directors of CORKA, too, are taking part in these measures taken for the community of Shiwa Yacu- mobilizing the community to support the resistence process, the defense, and the dignitiy for the indigenous peoples.

From CORCKA's central office in Tena, we will be informing you all of everything that occurs in the next few days and however much time this process may take. We wait and hope for your letters of solidarity; To pressure the 'Defensoria del Pueblo'

Write to fax # (00593) 62 886 815 in Tena, Ecuador 'Defensoria del Pueblos' at national level:
(00593) 23 3033 93
National Congress Commission for Indigenous Issues
(Congreso Nacional Comisi?n de Asuntos Ind?genas)
(00593) 22 953 792 / 22 584182
Commission of Human Rights
(Comisi?n de de Derechos Humanos)
(00593) 22 903777
CODENPE 0593 22 581 361

Sincerely,

COORDINADORA DE COMUNIDADES KICHWAS DE LA AMAZONIA CORCKA

In The attachment we send to you a model letter to make pression in the different gubernamental organism for take urgent actions to benefit the Shiwa Yacu community.

CODENPE Doctora Lourdes Tiban Guala
SECRETARIA EJECUTIVA NACIONAL DEL CONSEJO DE DESARROLLO DE LAS NACIONALIDADES Y PUEBLOS DEL ECUADOR CONDENPE
Quito-Ecuador
Fax: 00593 22

DINAPIN: Lc. Alberto Andrango
DEFENSOR DEL PUEBLOS.- DIRECCION NACIONAL DE DEFENSA DE LOS DERECHOS DE LOS PUEBLOS INDIGENAS.
Fax: 00593 23 303 393

Doctora Omaida Mera de Caicedo
COMISIONADA DE LA DEFENSORIA DEL PUEBLO DE NAPO
Fax: 00593 62 886 815

Diputado: Salvador Quishpe
PRESIDENTE DE LA COMISION DE ASUNTOS INDIGENAS DEL CONGRESO NACIONAL.
Fax: 00593 22 953 792

Jos? Parra
Oficial del Programa y de derechos Humanos
OFICINA DEL ALTO COMISIONADO DE LAS NACIONES UNIDAS PARA LOS DERECHOS HUMANOS
Fax: 00593 22 461 960

Desde ya les anticipamos por su apoyo y sus buenos oficios.

Atentamente;

COORDINADORA DE COMUNIDADES KICHWAS DE LA AMAZONIA CORCKA

KAWSAYMANTA, YACHAYMANTA, SACHA ALLPAMANTA; AMA KILLA, AMA LLULLA, AMA SHUA.

PS: Les agradeceremos de sobremanera si pudieran traducir este texto al Franc?s, Alem?n e Ingles para que nuestros otros compa?eros tambi?n puedan comprender y solidarizarse.

POR LA DIGNIDAD DE LA NACIONALIDAD KICHWA Y UNA AMAZONIA VIVA.
POR SIEMPRE RECOKA-CORCKA!

Mariana Montesdeoca 228 y Av. 15 de Noviembre
Tel?fono: (++593)(0)6 2887 865
Apartado Postal: Nap-15-01-114
E-mail: recoka@recoka.org
Web: www.recoka.org
AMAZONIA - TENA - NAPO - ECUADOR - SUDAMERICA

Press Release – For Immediate Release

Western Shoshone and Allies Challenge Department of Interior Decision to Open Spiritual and Cultural Area to Further Destruction by Gold Mining

November 30, 2004, Crescent Valley, NV.   On Friday, November 26, the Te-Moak Tribe of Western Shoshone Indians, the Western Shoshone Defense Project, and Great Basin Mine Watch joined forces and filed a petition for review with the Bureau of Land Management (BLM)’s State Director Robert Abbey. 

The Petition challenges BLM’s decision to approve an expansion of mining exploration activities by Cortez Gold Mines in and around Horse Canyon.  Horse Canyon is located at the center of Western Shoshone territory and immediately adjacent to the sacred Mt, Tenabo. BLM approved the expansion despite Western Shoshone protests and BLM recognition of the area as a site of Cultural and Religious Importance under the National Historic Preservation Act.  The area continues to be used by Western Shoshone for hunting, gathering, religious and cultural purposes. As explained in the petition, these traditional uses will be adversely affected, if not destroyed, by the approved activities.  Unfortunately, BLM failed to adequately consult Western Shoshone about its decision.  As such, the petition requests that the project be stayed and that the State Director remand the decision to the BLM for full compliance with federal law.

Horse Canyon is part of the same area where hundreds of horses belonging to Mary and Carrie Dann, Western Shoshone grandmothers, were seized last year by federal agents under the auspices of the Department of Interior.*  Now the only “horses” heading toward the canyon are metal “horses” in the form of drill rigs and bulldozers as Cortez Gold Mine, a joint venture of Placer Dome, Inc. (Canadian-owned) and Kennecott Minerals (Australian-owned) rides in on BLM’s approval.

Jody Abe, Western Shoshone and Te-Moak Tribal Council member explained, “we are outraged.  Once again, the Tribes have been left out of decision making process that affects our people and our environment.  The Te-Moak Tribe of Western Shoshone has an interest in the preservation and protection of our homeland.  The issue of our title as recognized by the 1863 Treaty of Ruby Valley is still intact and federal court action and other actions are ongoing, the Department of Interior and the mining companies know this and must begin taking these issues seriously.”

Carrie Dann, Western Shoshone grandmother likewise explained,“I will never understand it, for years we used our best efforts to educate and stop further destruction of our people and those things that are sacred to us.  And yet, it is this federal administration who claims ’moral values’ and these companies who claim to be socially responsible that have shown nothing but disrespect for the ways of the Shoshone people.  What good are museums for Native Americans and cultural centers if our culture is destroyed?  We are not artifacts in the past -  we’re here, we’ve always been here and we will always be here.  We were placed here on this land by the Creator as caretakers – our voices must be heard in decisions affecting all that is sacred, which includes the land.”

For further information, contact Nicole Rinke of Western Mining Action Project (775) 337-2977 (WMAP is a non-profit environmental law firm specializing in mining issues).

A full copy of the Petition for Review is available upon request.

from: Honor the Earth bbhonorearth@earthlink.net
March 11, 2005

Urgent Action: Gwich'in Nation Needs Your Help to Protect Sacred ANWR!

Contents of this Urgent Action:

A. Action
B. Background
C. For More Information

A. ACTION

1. CALL YOUR SENATOR'S OFFICE TODAY!   Arctic Hotline for capitol hill: 1-888-894-5325 or go to http://capwiz.com/awc/dbq/officials/ and click on your state to get the direct number for your Senator. Ask your Senator to vote 'YES' on the Cantwell amendment to keep drilling in the Arctic Refuge out of the budget.
   
2. Send an action email here: http://capwiz.com/awc/issues/alert/?alertid=7192016
   
3. Most importantly, PLEASE forward this email to everyone you know! It will be vital to flood offices with calls and emails over the next several days if we are to prevail next week!
   

B. BACKGROUND

GWICH'IN NATION NEEDS YOUR HELP TO PROTECT THE SACRED PLACE WHERE LIFE BEGINS - ARCTIC NATIONAL WILDLIFE REFUGE!

Arctic Vote Showdown Expected Next Week!

This week, the House and Senate budget committees split over whether or not to include proposals to allow drilling in America's Arctic National Wildlife Refuge to be included in the federal budget. The Senate is poised to vote next week on whether or not to allow the drilling provision to stay in the budget. On the House side, the House budget resolution has no Arctic provision in it. In fact, the House budget committee explicitly stated that they did not want the budget process from being used to open the Artic Refuge to drilling. "We have tried to keep the budget free of policy. Things like [drilling in the Arctic Refuge] immediately create a lightning rod," said Sean Spicer, spokesman for the committee chairman, Rep. Jim Nussle (R-IA).

Even though the entire Budget Committee is now on record saying that they oppose using the budget to advance Arctic drilling, the budget resolution is a non-binding document and is only a recommended blueprint. Other committees with jurisdiction over specific parts of the budget may ignore the wishes of the budget committee and decide to include a drilling proposal anyway.

In the Senate, the Senate Budget Committee Chairman Judd Gregg (R-NH) decided to include the controversial drilling provision in the Senate version. Despite opposition from several Senators in his own party, Senator Gregg said he thought it was "reasonable" to assume that the drilling provision would remain in the budget.

During the budget committee meeting, Senator Russ Feingold (D-WI) offered an amendment to strip the Arctic drilling provision out of the budget resolution. The amendment failed on a straight party-line 10-12 vote.

Next week, the Senate is scheduled to have a floor debate on the budget resolution. Senator Maria Cantwell (D-WA) will go to the Senate floor with an amendment to remove the provision that allows drilling in America's Arctic National Wildlife Refuge.

CALL YOUR SENATOR'S OFFICE TODAY! Arctic Hotline for capitol hill: 1-888-894-5325 or go to http://capwiz.com/awc/dbq/officials/ and click on your state to get the direct number for your Senator. Ask your Senator to vote 'YES' on the Cantwell amendment to keep drilling in the Arctic Refuge out of the budget.

Send an action email here: http://capwiz.com/awc/issues/alert/?alertid=7192016

Most importantly, PLEASE forward this email to everyone you know! It will be vital to flood offices with calls and emails over the next several days if we are to prevail next week!

C. FOR MORE INFORMATION

Gwich'in Steering Committee www.alaska.net/~gwichin

Miigwech,

Honor the Earth Board, Staff & Volunteers

from: http://www.lcv.org/
March 17, 2005

ARCTIC ACTION: Vote Results, Urgent Action Needed

Yesterday, a narrow majority of the United States Senate chose to ignore common sense, sound economics, and the protection of our natural heritage by voting in favor of drilling in America's pristine Arctic National Wildlife Refuge. The halls of the Capitol were clogged with oil industry lobbyists as the Senators rejected an amendment by Senator Maria Cantwell of Washington State to protect this great wilderness.

But the oil industry hasn't won yet. This is just the first step and we can still stop this outrage.

Click here to write to your Senators and tell them how you feel about their vote. Let them hear from you before the Senate votes again. http://capwiz.com/lcv/issues/alert/?alertid=7233336&type=CO

Although this vote is a setback, this battle is far from over. The vote was 51-49, so we can turn this around. The most important thing you can do today is let your Senators know you are watching their every move on this and other important environmental issues.

Take Action Now: Write to your Senators and tell them how you feel about their vote. http://capwiz.com/lcv/issues/alert/?alertid=7233336&type=CO

Your voice is needed to support those who support a clean, healthy environment, and to hold anti-environment Senators accountable.

Thank you,

Betsy Loyless and the LCV Policy Team