Act of War or Act of Congress?
Permalink +Thu, Aug 05, 2010, 1:50 pm // Tip Johnson
The Lummi Nation has again threatened a blockade of Lummi Island in a bid to force Whatcom County into onerous tribute for the passage of the Lummi Island ferry. It has historically been considered an Act of War for a sovereign authority to impose such strategies.
Where are federal representatives, Larsen, Cantwell and Murray? Are they soft on national security? Are the Islanders not making sufficient campaign contributions? Why do these representatives sit on their hands, refuse to address the issue and leave their constituency to swing in the wind at the mercy of such arbitrary demands? Why do they refuse to acknowledge federal policy that says local jurisdictions should not be left to settle historic disputes with tribes, that federally negotiated settlements are needed?
An Act of War deserves an Act of Congress. Congress is the only authority empowered to correct this problem. I have extensively researched and written about this issue, including direct correspondence with the relevant representatives. There has been no response. You can access the previous articles from the related issue box on the home page or the link at the bottom of this page. It is convoluted enough to deserve a read.
Now, after months of secret negotiations, the Lummi Nation has presented the county with an ultimatum. Pay up or shove off. You can read their letter to the County here. The Lummi demand includes payments of $310,000 per year and a $4,000,000 one time payment for a 35 year lease. Lumping it all together with an annual escalator of 3% produces an effective monthy rate in excess of $57,000. The Nation charges a similar, adjacent pier only $150 per month.
It is important to keep things in perspective. The Point Elliot treaty authorizes roads through the reservation for the public’s convenience. A road was long ago approved to the shore of Hales Pass expressly for a ferry to Lummi Island. Later, courts interpreted the reservation boundary to extend beyond the earlier description of the road. The Department of the Interior should have provided an extension to the road’s description when the courts reinterpreted the boundary. That was an administrative oversight outside the control of Whatcom County and Lummi Island residents – Force Majeur. Meanwhile, changes in law prevent the Secretary of the Interior from granting right-of-ways over tribal land without tribal permission. The Lummi refuse that permission, leaving Congress the sole authority empowered to correct the problem. But Congress is far away in the other Washington.
The Lummi Nation now exploits the sloth of Congress, the knowledge they cannot be sued and this historical administrative quirk to threaten a blockade and impose discriminatory, injurious and probably impossible charges. That is technically, by definition, an “Act of War,” and should be treated as such. Lummi Islanders are not belligerent toward the Nation, hence the Nation is aggressing by threatening them with a belligerent act.
Federal authority over navigable waters extends to the high water mark. The Rivers and Harbors Act prohibits any obstruction of navigable capacity. It is unclear that the Lummi have any authority to subvert nearly a century of government approvals for the road, to assert any control over navigation on federal waters, to violate the Rivers and Harbors Act, impose a blockade or demand patently discriminatory rates.
This issue has been festering for decades and simmering dangerously for years. Leasing from the Lummi Nation has proved unreliable. Earlier this year, they unilaterally abrogated the prior lease based on another administrative technicality. Monthy payments under the terms of that lease would have been under $6,000. It is time to affirm, attest and perfect the right-of-way to Lummi Island and compensate the Nation for the land. It is unfair for the Lummi Nation to hold the County and Islanders perpetually over a barrel. What rates might be demanded in 35 years?
I recommend that Islanders and their friends mount an aggressive, election season campaign for relief from their federal representatives, and that the County ignore the Lummi demands, continue the traditional ferry service unabated and demand a federally negotiated settlement that can adequately and fairly address both parties' concerns in the open daylight of public participation.
No community should suffer under the threat of physical isolation and exhorbitant fees based on the flimsiest bureaucratic technicalities. No community should be excluded from the discussion of their fate. No elected representative should sit idle and watch it happen.
Related Links:
-> Previous Articles-> Lummi Ultimatum
Comments (6)
To add a comment, click here to login or register.
David Camp // Thu, Aug 05, 2010, 2:27 pm
No federal representative should authorize the Executive to enter a war of aggression but all of ours voted to authorize the invasion of Iraq on the basis of blatant lies by the Executive.
Apparently Cantwell, Larsen, and Murray represent somebody who is not us. The somebody who pays them to vote for endless wars, endless appropriations of the nation’s treasure to private interests, and endless increases in gulags for those who dissent.
They have plenty of money to spend hundreds of billions on “bringing democracy” to Iraq and Afghanistan. Our job is to pay for it and shut up. Don;t you know times are tough? Cuts have to be made so don;t expect the federal government to serve citizens’ interests. Or listen to citizens.
What a corrupt mess the parasites have made of the federal government.
Apparently Cantwell, Larsen, and Murray represent somebody who is not us. The somebody who pays them to vote for endless wars, endless appropriations of the nation’s treasure to private interests, and endless increases in gulags for those who dissent.
They have plenty of money to spend hundreds of billions on “bringing democracy” to Iraq and Afghanistan. Our job is to pay for it and shut up. Don;t you know times are tough? Cuts have to be made so don;t expect the federal government to serve citizens’ interests. Or listen to citizens.
What a corrupt mess the parasites have made of the federal government.
Tom Pratum // Thu, Aug 05, 2010, 5:23 pm
Hi Tip-
I know you are aiming at Federales, but it seems to me the real problem is our County officials. They don’t seem to agree with your argument, so how can you really expect Cantwell, Murray, Larsen, etc to respond? The County officials (Kremen, et al) are the one’s who should be carrying the water here.
One piece of info from the County Ferry website (+ Link) regarding current costs that everyone should keep in mind:
In 2009 expenditures for the Lummi Island Ferry System totaled $2,545,688. Motor Vehicle Fuel Tax (Ferry Deficit Reimbursement) of $97,655 and interest income of $16,386 partially offset these costs. This results in net maintenance and operations expenditures of $2,461,647. Fare-box receipts totaled $1,145,856 which is equal to 45.0% of total operating costs, and 46.5% of net operating expenditures. The Road Fund transferred in $1,152,957 to subsidize ferry operations. The net operating loss for 2009 after this transfer was $132,835.
In 2008 operating expenditures for the Lummi Island Ferry System totaled $2,124,508 . Motor Vehicle Fuel Tax (Ferry Deficit Reimbursement) of $144,319 and interest income of $37,645 partially offset these costs. This results in net maintenance and operations expenditures of $1,942,544. Fare-box receipts totaled $1,128,360, which equals to 53.1% of total operating costs, and 58.15% of net operating expenditures.
Translation: the ferry is losing money now, even though county residents are subsidizing it to the tune of 45% - can you imagine what will happen if the proposal from the Lummi Nation is actually adopted? And don’t forget, the ferry itself is very long in the tooth - it will need to be replaced in the not too distant future at great expense...;...
I know you are aiming at Federales, but it seems to me the real problem is our County officials. They don’t seem to agree with your argument, so how can you really expect Cantwell, Murray, Larsen, etc to respond? The County officials (Kremen, et al) are the one’s who should be carrying the water here.
One piece of info from the County Ferry website (+ Link) regarding current costs that everyone should keep in mind:
In 2009 expenditures for the Lummi Island Ferry System totaled $2,545,688. Motor Vehicle Fuel Tax (Ferry Deficit Reimbursement) of $97,655 and interest income of $16,386 partially offset these costs. This results in net maintenance and operations expenditures of $2,461,647. Fare-box receipts totaled $1,145,856 which is equal to 45.0% of total operating costs, and 46.5% of net operating expenditures. The Road Fund transferred in $1,152,957 to subsidize ferry operations. The net operating loss for 2009 after this transfer was $132,835.
In 2008 operating expenditures for the Lummi Island Ferry System totaled $2,124,508 . Motor Vehicle Fuel Tax (Ferry Deficit Reimbursement) of $144,319 and interest income of $37,645 partially offset these costs. This results in net maintenance and operations expenditures of $1,942,544. Fare-box receipts totaled $1,128,360, which equals to 53.1% of total operating costs, and 58.15% of net operating expenditures.
Translation: the ferry is losing money now, even though county residents are subsidizing it to the tune of 45% - can you imagine what will happen if the proposal from the Lummi Nation is actually adopted? And don’t forget, the ferry itself is very long in the tooth - it will need to be replaced in the not too distant future at great expense...;...
David Camp // Fri, Aug 06, 2010, 8:06 am
Well the County has no treaty authority, the feds do. My point, rather hysterically made, was that getting our fed “representatives” to do anything that doesn;t serve corporatist interests is like peeing to windward.
How much does it cost us to have a homeland security helicopter doing endless loops overhead? WHat interest is being served and what useful results have been realized by this expenditure? Ditto the Homeland Security machine gun boats - we already have a Coast Guard and they do a great job.
But no money for services that are useful to people rather than scaring the crap out of them.
How much does it cost us to have a homeland security helicopter doing endless loops overhead? WHat interest is being served and what useful results have been realized by this expenditure? Ditto the Homeland Security machine gun boats - we already have a Coast Guard and they do a great job.
But no money for services that are useful to people rather than scaring the crap out of them.
Tom Pratum // Fri, Aug 06, 2010, 10:35 am
Well sure, the County can’t take up the treaty issues themselves, but if they won’t approach the Federal reps in support of what Tip says, then I don’t think the Feds will do much. I am sure that someone from Larsen’s office, Cantwell’s office, and Murray’s office have called Pete Kremen to see what is up. I don’t know what Kremen said, but it obviously wasn’t supportive of Tip’s points.
Tip Johnson // Fri, Aug 06, 2010, 12:20 pm
There is no reason that local officials should be “carrying the water” here. They have no authority and it is against federal policy to leave local jurisdictions to settle historic disputes with tribes.
The main “point” is that Larsen, Cantwell and Murray refuse to address these arguments, follow established policy or even bother to respond to constituent concerns.
Nothing I have received from officials suggests my analysis is faulty, but rather that Larsen, Cantwell and Murray are simply staying “hands off” this issue. The same is true of the Governor and state reps. Only Linville has expressed an interest in helping.
In any case, it is facile to say something is wrong without explaining how, and even easier to speculate about who may have called whom and said what, or who supports what, without evidence.
You can read the rage ensuing at the blog on the Herald’s article today. Historically, these situations result in people getting hurt or killed - usually indians.
We can lay the blame for any such tragedy at the feet of Larsen, Cantwell and Murray - along with the economic displacement and personal ruin this fiasco promises to create.
The main “point” is that Larsen, Cantwell and Murray refuse to address these arguments, follow established policy or even bother to respond to constituent concerns.
Nothing I have received from officials suggests my analysis is faulty, but rather that Larsen, Cantwell and Murray are simply staying “hands off” this issue. The same is true of the Governor and state reps. Only Linville has expressed an interest in helping.
In any case, it is facile to say something is wrong without explaining how, and even easier to speculate about who may have called whom and said what, or who supports what, without evidence.
You can read the rage ensuing at the blog on the Herald’s article today. Historically, these situations result in people getting hurt or killed - usually indians.
We can lay the blame for any such tragedy at the feet of Larsen, Cantwell and Murray - along with the economic displacement and personal ruin this fiasco promises to create.
Tom Pratum // Fri, Aug 06, 2010, 2:57 pm
Tip- Please don’t think that I feel your analysis is faulty; I am not saying that - I really don’t know enough about it. My point is that the County is the one at the table with the Lummi Nation, and they don’t appear to be helping your cause. It would seem to be in their best interests to do so, but they don’t seem to be and I can only guess as to why; my guess as to why may or may not be correct.
UPDATE: City of Bham Moonlighting Issue - More Documents
Mon, Jan 30, 2012, 10:58 pm // Riley Sweeney
Riley updates us on the latest facts coming to light about City of Bellingham employee moonlighting2 comments; last on Feb 01, 2012
Compliance, Noncompliance and Invalidity in Whatcom County
Sun, Jan 29, 2012, 10:16 pm // Wendy Harris
The County's rural planning actions have not just failed to comply with the GMA...they have contradicted the goals of the GMA.2 comments; last on Feb 01, 2012
A Worm’s Eye View of our local WorkSource Center
Wed, Jan 25, 2012, 9:42 am // Riley Sweeney
Riley visits the local WorkSource center and interviews the regional director
0 comments
Watch out for basement flooding
Thu, Jan 19, 2012, 9:03 pm // Paul de Armond
Stormwater surge may back up sewers
5 comments; last on Jan 21, 2012
The Political Junkie interviews Kathy Kershner
Thu, Jan 19, 2012, 4:29 pm // Riley Sweeney
Riley discusses the Jail, Jack Louws, and an impartial council with our new Council Chair
1 comments; last on Jan 20, 2012
SOPA - A Step in Destroying Democracy
Thu, Jan 19, 2012, 12:17 am // John Servais
NWCitizen.com went black for Wednesday, Jan 18, 2012, as a protest against proposed legislation, SOPA and PIPA. Here is what was posted.1 comments; last on Jan 19, 2012
Why SOPA is so terrible
Tue, Jan 17, 2012, 6:28 pm // John Servais
On Wednesday, thousands of websites will go dark to show opposition to SOPA. I will be posting a single article explaining who SOPA is so bad.0 comments
Planning Commissioner Mocks Environmental Concern For Coal Terminal
Sat, Jan 14, 2012, 11:06 pm // Wendy Harris
Planning Commissioner Onkels should recuse himself from review of environmental impacts at GPT.2 comments; last on Jan 16, 2012
Jack Petree, Olympia, the Whatcom Council and Obama’s Inner Circle
Wed, Jan 11, 2012, 8:04 am // Riley Sweeney
Latest from the Political Junkie on a variety of subjects
7 comments; last on Jan 15, 2012
Commmunity Governance at its Best
Mon, Jan 09, 2012, 8:27 pm // Tip Johnson
We have a new mayor!
4 comments; last on Jan 10, 2012
Property Rights Protected Under Lake Whatcom Stormwater Proposal
Sun, Jan 08, 2012, 11:02 pm // Wendy Harris
The County's proposed stormwater regulations for Lake Whatcom will increase development without improving water quality2 comments; last on Jan 20, 2012
Riley Rouses Row Over Domestic Violence
Sun, Jan 08, 2012, 1:21 am // John Servais
Issue is County Council member Kathy Kershner and how our social service programs are funded.3 comments; last on Jan 08, 2012
Some thoughts on the Occupy Bellingham issue
Sun, Jan 01, 2012, 12:05 am // John Servais
A third note on Jan 1 about the Herald photos with links. And previous thoughts on the trivia around the militarized evictions.9 comments; last on Jan 10, 2012
Kelli Linville has taken oath as mayor
Fri, Dec 30, 2011, 2:07 pm // John Servais
Kelli assumes office of mayor at midnight Dec 316 comments; last on Jan 02, 2012
Bellingham Herald removes comments
Fri, Dec 30, 2011, 11:59 am // Wendy Harris
Decide for yourself if this blog comment, posted under my own name, should have been flagged and removed from the Bellingham Herald Online Edition.1 comments; last on Dec 30, 2011
Herald Permits Censorship of Pro-Occupy Bellingham Comments
Fri, Dec 30, 2011, 11:14 am // Wendy Harris
Anyone can "flag" a blog posting, resulting in immediate removal of your comment, regardless of merit. This is occuring for comments supporting OB.1 comments; last on Dec 30, 2011
City Exceeds Scope of Occupy Bellingham Eviction
Wed, Dec 28, 2011, 8:26 pm // Wendy Harris
The City infringed on the public’s right to peaceful assembly in a public park by enforcing an inappropriate public safety law2 comments; last on Dec 30, 2011
Dan Pike Issues Order to Evict Occupy Bellingham
Tue, Dec 27, 2011, 11:55 am // Riley Sweeney
Riley questions Pike's timing, and Occupy's choice of tactics2 comments; last on Dec 28, 2011
Updates from The Political Junkie
Tue, Dec 20, 2011, 2:19 pm // Riley Sweeney
Where Riley provides more info on the City of Bellingham employees moonlighting issue and Crawford's ethical troubles
0 comments
Dock Increases Risk of Invasive Species on Lake Whatcom
Sun, Dec 18, 2011, 8:43 pm // Wendy Harris
Relocation of a dock to Bloedel Donovan Park underscores failure to protect Lake Whatcom from invasive species0 comments
Sam Crawford Faces Ethical Concerns . . . AGAIN
Thu, Dec 15, 2011, 12:44 pm // Riley Sweeney
Local blogger Shane Roth files ethical complaint over Crawford's sweetheart deals
3 comments; last on Dec 16, 2011
Planning Commission Fails to Remove Cherry Point From Birch Bay Mitigation Plan
Wed, Dec 14, 2011, 7:05 am // Wendy Harris
Claiming it is unfair to treat large property owners different than small property owners, the Commission refuses to remove industrial areas from buffer mitigation proposal.0 comments
Rick Perry, Can We Talk?
Tue, Dec 13, 2011, 9:58 am // Riley Sweeney
Riley has a conversation with Rick Perry
2 comments; last on Dec 16, 2011
For Gift Ideas, Think Beyond Parker Brothers
Sat, Dec 10, 2011, 9:32 am // Riley Sweeney
Riley discusses his love of board games and some good gift ideas
2 comments; last on Dec 11, 2011
The Political Junkie needs your input
Thu, Dec 08, 2011, 12:47 pm // Riley Sweeney
Please take my reader's survey, I'm planning 2012
0 comments
Loophole Benefits SSA and Undermines Birch Bay Mitigation Proposal
Wed, Dec 07, 2011, 7:00 am // Wendy Harris
Tell the Planning Commission to eliminate this loophole2 comments; last on Dec 14, 2011
Washington United for Marriage: It’s Time!
Tue, Dec 06, 2011, 11:12 am // Riley Sweeney
Riley attends a public meeting on equality
0 comments
The Cole Train: Loads of BS
Sun, Dec 04, 2011, 4:53 pm // Tip Johnson
Wherein the sooty prospect of economic necessity rears its ugly head
2 comments; last on Dec 04, 2011
Update on Cherry Point Buffer Mitigation Proposal
Fri, Dec 02, 2011, 1:08 pm // Wendy Harris
Planning Staff's recommended revision will not prevent SSA from reducing wetland buffers.0 comments
UPDATE: City’s response focused on favoritism, not lost revenue
Wed, Nov 30, 2011, 5:51 pm // Riley Sweeney
More on the city employee moonlighting issue0 comments
TPJ Exclusive: Little Documented Oversight for City Employee Moonlighting
Mon, Nov 28, 2011, 4:29 pm // Riley Sweeney
The Political Junkie breaks a story of employee moonlighting within city of Bellingham
7 comments; last on Nov 30, 2011
Deer me!
Sat, Nov 26, 2011, 3:30 pm // Tip Johnson
O.K. Who's in charge of all these ungulates?14 comments; last on Dec 01, 2011
County Proposal Includes New Cherry Point Buffer Mitigation Requirements
Tue, Nov 22, 2011, 9:29 pm // Wendy Harris
The County's new mitigation proposal is unlikely to be adequate for Cherry Point's industrial impacts to habitat buffers3 comments; last on Nov 24, 2011
CameraGate: Red-light safety or city revenue?
Mon, Nov 21, 2011, 1:00 am // Guest writer
With budget woes, Bellingham passes on safety in favor of cash. Starting in 2008, Bellingham officials were coached by ATS on how to get Red Light cameras through…
26 comments; last on Nov 29, 2011
Cameras, not coal, decided the election
Sat, Nov 19, 2011, 8:24 pm // Paul de Armond
Looking at the numbers for the Bellingham elections
11 comments; last on Nov 22, 2011
Election Analysis: What does it take to win a county seat?
Fri, Nov 18, 2011, 12:28 pm // Riley Sweeney
Riley examines Maginnis/Crawford and Kremen/Larson
0 comments
Election Analysis: Dropoff, Lynden Suburbs and the “Buys Bounce”
Thu, Nov 17, 2011, 5:20 pm // Riley Sweeney
Riley looks at Lynden and coins some new phrases.
0 comments
Political Junkie Election Analysis: Louws/Ericksen
Wed, Nov 16, 2011, 12:31 pm // Riley Sweeney
Riley takes a look at Louws/Ericksen in the search for moderate Republicans
1 comments; last on Nov 17, 2011
Kelli Linville is elected Mayor of Bellingham
Tue, Nov 15, 2011, 5:21 pm // John Servais
Results are posted as of 5:21 pm. Use links at top of right side column.2 comments; last on Nov 15, 2011
Padden Trails Rezone – You Should Be Worried
Tue, Nov 15, 2011, 9:43 am // Dick Conoboy
The Padden Trails rezone effort is a misuse of the Infill Tool Kit on the outskirts of Bellingham.
8 comments; last on Nov 16, 2011
Still over 6,000 ballots to count
Mon, Nov 14, 2011, 4:52 pm // John Servais
Kelli Linville takes safe lead for mayor of Bellingham. Sam Crawford is leading for county council.1 comments; last on Nov 14, 2011
New links
Colbert Super PacCurrent Interest
Bham Camera ScamColbert Super Pac
Local Blogs & News
Bellingham HeraldBham Politics & Economics
Bhm Herald Politics Blog
Bob Sanders
Cascadia Weekly
Citizen Ted
Ferndale Record
Foothills Gazette
Get Whatcom Planning
HamsterTalk
KGMI
Latte Republic
Lynden Tribune
MikeatthePort
Northern Light
Northwest Review
Sweeney Politics
Twilight Zoning
Wally Wonders
Western Front - WWU
Whatcom Watch
Local causes
Bham Camera ScamBham CofC political blog
Chuckanut Mountains
Citizens of Bellingham
City Club of Bham
Community Wise Bellingham
Conservation NW
Cordata & Meridian
Futurewise - Whatcom
Jail - local mega plans
Lake Whatcom
N. Cascades Audubon
N. Sound Conservancy
Neighborhood Schools Coalition
No Leaky Buckets
NW Holocaust Center
RE Sources
Transition Whatcom
WA Conservation Voters
Publisher recommended
Americans Elect 2012Bham Politics & Economics
Community Wise Bellingham
Guardian Unlimited
Paul Krugman - economics
Redistricting WA state
Sweeney Politics
Watts Up With That? - climate
WikiLeaks.ch
NwCitizen 1995 to 2008
Early Northwest CitizenWeather & Climate
Cliff Mass Weather BlogClimate Audit
NW Radar
Two day forecast
Watts Up With That? - climate
Cascadia
Crosscut SeattleJoel Connelly
Orcinus
Portland Indy Media
Seattle Indy Media
Washington Votes
Leisure
Adventures NWEdge of Sports
Entertainment NNW
Famous Internet Skiers
Sailing Anarchy
Worth checking out
Al-Jazeera onlineAlaska Dispatch
AlterNet.org
Americans Elect 2012
Antiwar.com
Arab News
Asia Times
Atlantic, The
Buzz Flash
Common Dreams
counterpunch
Daily Beast, The
Daily Kos
Daily Mirror
Drudge Report
FiveThirtyEight
Foreign Policy in Focus
Guardian Unlimited
Gulf News
Haaretz
Huffington Post
Innocence Project, The
Intrnational Herald Tribune
James Fallows
Jerusalem Post
Juan Cole
Le Diplo
Media Matters
Middle East Times
MoveOn.org
Nation, The
New American Century
News Trust
NMFA
numbers
Online Journal
Palestine Daily
Palestine News
Paul Krugman - economics
Personal bio info
Politico
Progressive Review
Project Vote Smart
Reuters
Sea Shepherd
Slate
Talking Points Memo
The Onion
Tom Paine.com
truthout
War and Piece
WikiLeaks.ch
ynetnews.com
Governments
Auditor election pageBellingham
Bham - PFD
Candidate Filings
Election Results
Redistricting WA state
Skagit County
The White House
WA State Access
WA State Elections
WA State Legislature
Whatcom Auditor
Whatcom County
Other - for whatever
Ban Red Light CamsBushFlash.com
Chickehhawks
Coal quandary
Doonesbury
George Bush
Info Clearing House
Mainstreampolitics
Michael Moore
Nat Geo on Coal Trains
Reality News
The Crisis Papers
Third World Traveler
Unity08
Washington Outsiders
Less active
Bellingham RegisterCarl Weimer
Eye on Whatcom
John Watts
Post-Oklahoman Confessions
The American Telegraph
Quiet, offline or dead
David HackworthGitmo prisoner 345
Mega Awesome
Not in my county
Parkenfarker
Pro-Whatcom