Alaska Native Government & Policy

Alaska tribal entities to receive federal land transfers for health care facilities

The Alaska Native Tribal Health Consortium in Anchorage, Alaska on Dec. 30, 2021. (Lyndsey Brollini/KTOO)

The Tanana Tribal Council and two Alaska Native health consortiums will receive land transfers from the federal government. 

President Biden signed a bill in December that gives Indian Health Service (IHS) land to the Southeast Alaska Regional Health Consortium (SEARHC) in Sitka, the Tanana Tribal Council in Tanana and the Alaska Native Tribal Health Consortium (ANTHC) in Anchorage.

SEARHC marketing director Lyndsey Schaefer said the transfer gives them the two remaining federally-owned properties within the Sitka health campus. It’s been a lingering step in the consortium’s hospital expansion plan.

“The land transfer allows SEARHC to self-determine the best uses of the properties, and once construction is complete, it will enable the properties to be repurposed to complement the new Mt. Edgecumbe Medical Center,” Schaefer wrote in an email.

In Tanana, the transfer gives a former IHS hospital site to the Tanana Tribal Council. In 2016, Council Secretary Dorothy Jordan said the transfer would help the tribe apply for grants to fund substance abuse and suicide prevention efforts.

In Anchorage, ANTHC already has a warehouse on the land they’ll receive from IHS. They use that warehouse to prepare for construction projects throughout Alaska, including water treatment improvements. 

Jim Roberts, ANTHC’s interim Vice President of Intergovernmental Affairs, said owning the land will make it easier to build a new, larger warehouse.

“Every time we have to do improvements, we’re subject to rigorous federal oversight,” Roberts said. “If the land is transferred to us, we loosen up some of those requirements and we have more flexibility. It allows us to construct the actual building in a way that meets our needs.”

It can also give health consortiums – and the state – more financial flexibility. In 2014, ANTHC received a land transfer that allowed them to build patient housing. Patients had previously been reimbursed for hotel stays through Medicaid.

“Once we internalized that to ANTHC, we were able to work with the state to help them save state general fund dollars,” Roberts said.

Rep. Don Young first introduced a bill authorizing the transfers in January 2021. The act signed last month was named after him.

“I think this is a legacy that can be attributed to him,” Roberts said.

A tiny Juneau lot is the latest battleground in a dispute over tribal sovereignty

The piece of land put into trust is a less than 800-square-foot lot near the corner of Capitol Avenue and Village Street in Juneau. (Photo by Katie Anastas/KTOO)

A small, vacant lot in downtown Juneau is at the center of a dispute between the state of Alaska and the U.S. Department of the Interior. It’s the latest development in a years-long effort by the Central Council of the Tlingit and Haida Indian Tribes of Alaska to protect traditional lands.

Last week, Tlingit and Haida President Chalyee Éesh Richard Peterson signed a deed to place a small parcel of land into federal trust. Putting land into trust makes the tribe eligible for certain federal programs and services, including some tax credits and exemptions. It could essentially create Indian Country — a small spot where tribal law would apply, to the exclusion of many state and local laws.

The piece of land put into trust is less than 800 square feet, near the corner of Capitol Avenue and Village Street. But Peterson said it’s about more than just the land. It’s a landmark decision about tribal sovereignty and self-determination.

“These lands were unlawfully and illegally taken through the years,” he said. “We’ve legally and lawfully tried to get them back and tried to protect them into perpetuity.”

The Central Council has four other applications pending. If the Interior Department approves them, a total of 3.5 acres owned by the tribe would be put into trust. Peterson said there are no immediate plans to change how the land or buildings are used, but one goal is to make sure the tribe can keep using the part of town known as the Juneau Indian Village as its headquarters.

Now, the state of Alaska is challenging the Interior Department’s decision on the first lot, saying it “undermines key terms” of the Alaska Native Claims Settlement Act by creating a reservation. The act established Alaska Native corporations rather than a reservation system.

“This could throw into question the laws that apply as you walk through a single city block,” Alaska Attorney General Treg Taylor said in a statement.

In its lawsuit, the state argues that putting this land into trust “jeopardizes the State’s rights to tax and to enforce land use, natural resource management, environmental, and public safety regulations on that trust land.” 

Southeast Alaska Native Veterans Memorial Park is in the middle of a downtown area known as the Juneau Indian Village. (Photo by Katie Anastas/KTOO)

Land placed in trust can become exempt from most state and local taxation and regulation, and it could give the tribe legal jurisdiction over that land beyond the rights a land owner has. 

In 2006 the Akiachak Native Community and other tribes sued the Interior Department, seeking review of a policy that barred Alaska Native tribes from putting land into trust. The State of Alaska appealed that decision, but the challenge was dismissed. Then, under the Obama administration, land-into-trust regulations were revised to allow Alaska Native tribes to submit applications for the first time since 1980.

In 2017, the Craig Tribal Association became the first Alaska tribe to be approved for such an application. 

Then, under the Trump administration, the Interior Department withdrew the revision. But the department issued a new solicitor’s opinion late last year that allows land to be put into trust for Alaska Native tribes again.

Peterson said having Indian Country in Alaska opens up new federal funding opportunities in the form of tribal economic development bonds. They can only be spent on facilities within a reservation, largely excluding Alaska Native tribes from the program. He said the state has an opportunity to collaborate with tribes and move forward.

“The state isn’t hurt by our sovereignty,” he said. “There are countless states in the union that thrive and prosper right alongside their tribes.”

Peterson said the state’s lawsuit is setting the relationship between tribes and the state back.

“This endangers all applications for future land to trust for all tribes — not just in Juneau, not just in an urban center, but all the rural applications,” he said.

The Interior Department also has pending applications from the Ninilchik Traditional Council and the Native Village of Fort Yukon.

Tribal groups call for halt to logging at ‘sacred and culturally historic’ site near Yakutat

An aerial photo of a snowy, clear-cut area close to the coast.
Clear-cut logging site at Humpback Creek near Yakutat. (Courtesy of Defend Yakutat)

Controversy over a logging project near Yakutat in Southeast Alaska has intensified. The local tribe, an archaeologist and others say a site that’s being logged is home to centuries-old ruins that could provide clues into the history of Southeast Alaska’s Indigenous people.

Yakutat elder Victoria Demmert says her ancestors — for hundreds of years — harvested the abundant salmon that returned to Humpback Creek every summer.

“I don’t know how you could live here, grow up here and not know,” said Demmert, a council member for the Yakutat Tlingit Tribe.

Just this past August, the tribe passed a resolution calling the site sacred and culturally historic. Elders like Demmert and anthropologists say the tribe purchased the site from previous inhabitants hundreds of years ago. Tom Thornton with the University of Alaska Southeast visited the site in August and found “there is evidence of house remains and culturally modified trees and other landscape features.”

So Demmert says she was taken aback when she learned that the local Native village corporation, Yak-tat Kwaan Inc., had begun clear-cutting the forests around Humpback Creek. She says the company never publicly announced that its subsidiary, Yak Timber, planned to log the area.

“We had to find out by seeing what was going on,” Demmert said. “And then seeing some drone footage of it in addition to pictures that were being taken.”

An aerial photo of the clear-cut area annotated to show the locations of boulders and rock walls.
This is an aerial view of the logging near Humpback Creek. The yellow circles indicated boulders found at the site. The black lines represent rock walls. (Courtesy of Defend Yakutat)

In a Dec. 8 letter to Yak-tat Kwaan, the tribe called on the company to stop logging the area. The tribe wants time to investigate the site.

“We know we had a village there,” Demmert said. “And we know there are historical sites there, and we want Yak-Tat Kwaan to stop and let archaeologists get in there before everything’s destroyed.”

Now there’s physical evidence of the history, says Sealaska Heritage Institute. That’s the regional Native nonprofit organization dedicated to preserving the history and culture of Indigenous people in Southeast.

A Yak Timber equipment operator found what could be several house pits and a series of parallel stone walls at the site being logged. That was at the beginning of December.

The institute announced the findings in a joint news release with the Yakutat Tlingit Tribe and Sealaska Corp. on Dec. 15. The groups called on Yak Timber to stop logging the area until it can be investigated.

“There are cultural and spiritual dimensions of it, that’s really important to us,” said Rosita Worl, the institute’s president and a Ph.D. anthropologist. “The rock wall…I’m just so curious about what, what is that? What kind of fishing occurred with that rock wall?”

A close-up photo of the tread from a piece of heavy machinery next to an old, overgrown rock wall.
Stone wall found near Humpback Creek. (Photo courtesy of Defend Yakutat)

Sealaska Heritage is working with archaeologist Aron Crowell with the Smithsonian Institute’s Arctic Studies Center. Crowell believes the Yakutat site could date back 700 years.

In the joint news release, he says “A remarkable set of cultural features related to salmon harvesting appears to be preserved. . . cultural layers at the site could provide a unique record of traditional lifeways and subsistence practices extending back 700 years. Although part of the site has been clearcut, the cultural features do not appear to have been substantially damaged, and their future preservation should be a high priority.”

Even before Humpback Creek, logging was controversial among Yak-tat Kwaan’s shareholders — so much so that Yak Timber announced on Oct. 4 that it would dissolve and sell off its assets.

But later in the fall, Yak Timber reversed course and started logging near Humpback Creek.

“Yak Timber is harvesting. We’ve been harvesting,” said Marvin Adams, CEO of Yak Timber, on December 13, two days before Sealaska Heritage announced their findings. He says the site has never been documented as historic and was approved by the Alaska Division of Forestry after they inspected it in 1975. A 2007 letter (page 12) from Sealaska Corp. discussing historic sites did not identify the area either.

After the findings were announced, Adams said he had yet to be formally notified of Humpback Creek’s cultural significance. He said the company would follow all relevant laws and regulations, but declined to say whether Yak Timber would continue logging the area.

“Obviously, we’re not going to go over some historical site to destroy it,” Adams said. “I think we all respect that. But right now, I have not been able to get any documentation from the tribe or anybody else.”

He points to the work of anthropologist Frederica de Laguna. She researched and wrote extensively about the Yakutat Tlingit Tribe from notes she gathered in the 40s and 50s.

Adams says she never mentioned Humpback Creek as a sacred site.

“If there was actually a historical site and a settlement there, I can assure you that that would have been listed and the specific house and the clan house that was supposed to be there would have been listed,” he said. “But it never was.”

But Demmert sees it differently. Though de Laguna’s work doesn’t go into detail, she says the anthropologist’s notes do mention Humpback Creek as an important salmon-harvesting site. It’s where her people Kwaashk’iḵwáan got their name, which means “people of the Humpback Creek.”

“It’s part of our history, it’s part of who we are,” Demmert said. “And to see it desecrated. . . it just hurts spiritually and physically. It just breaks our heart and brings tears.”

Worl, the Sealaska Heritage president, says the tribal groups are working with Crowell and the state to see how they can investigate the site further.

Alaska tribes join with Lower 48 allies to seek protections from impacts of Canadian mines

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The Stikine River Flats area in the Tongass National Forest is viewed from a helicopter on July 19, 2021. The Stikine River flows from British Columbia to Southeast Alaska. It is one of the major transboundary rivers impacted by mines in British Columbia. Alaska tribes and communities are seeking some new protection to avoid downstream impacts. (Photo by Alicia Stearns/U.S. Forest Service)

Alaska Native tribes seeking better protection from the environmental impacts of Canadian mines have enlisted some allies in their flight: Lower 48 tribal governments with concerns of their own about transboundary mining impacts.

A delegation of tribal representatives from Alaska, Washington state, Montana and Idaho traveled to Washington, D.C., this week for meetings on Wednesday that pushed for action to regulate downstream effects of mines in British Columbia.

The meetings Tuesday and Wednesday were with Biden administration officials and officials at the Canadian embassy, said a statement from the National Wildlife Federation.

Chalyee Éesh Richard Peterson, president of the Central Council of the Tlingit and Haida Indian Tribes of Alaska, has a representative attending the meetings.

“Canada’s mining in our shared rivers is one of the biggest threats to our wild salmon and our Indigenous way of life,” Peterson said in a written statement. “In the face of a rapidly changing climate, British Columbia continues to permit massive open-pit gold mines in the headwaters of our largest salmon producing rivers – without the consent of downstream Tribes.

“Our way of life depends upon the health of our transboundary waters and we will not stop until we can ensure the environmental security and stability of our shared rivers. We have been calling on the United States and Canada to honor their legal and ethical obligations and to act immediately to protect our traditional territories from legacy, on-going, and proposed mining in British Columbia. We must get ahead of this before it’s too late.”

The tribes are seeking protective action under the Boundary Waters Treaty of 1909, the framework for resolving disputes over shared waters. The organization that investigates cross-border problems and recommends solutions is the International Joint Commission.

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The Stikine-LeConte Wilderness Area, seen on June 18, 2014, is located near Wrangell and at the saltwater terminus of the river. The Stikine River flows from British Columbia, and downstream areas in Alaska are at risk from mining pollution generated in that Canadian province, tribal officials say. (Photo by Brian Logan/U.S. Forest Service)

Alaska tribes, communities, fishermen and various other organizations have for years expressed concerns about cross-border impacts from mines in British Columbia.

Teaming up with the Lower 48 tribes is a somewhat new approach, said Mary Catharine Martin of the Juneau-based group Salmon Beyond Borders. The tribes from different regions have different specific issues of concern, but they are similar in that they are about the “poorly regulated British Columbia mining that does not take into account the concerns of the people who live downstream,” Martin said.

The unified tribal campaign comes amid a British Columbia mining boom, with industry expenditures hitting a near-record level in 2021.

For Southeast Alaska, the main rivers affected by British Columbia mining are the Taku, Stikine and Unuk, Martin said. There are dozens of operating or formerly operating mines along those rivers, most of them gold producers with large quantities of waste material, she said.

Communities and organizations in Southeast Alaska have two specific goals they are trying to accomplish, Martin said. They are seeking a ban on mine waste dams on transboundary rivers shared by British Columbia and Alaska, and they want a pause on new mining in the key transboundary fivers “until all of us connected to the rivers are consulted and have a seat at the table,” she said

There is a British Columbia/Alaska Bilateral Working Group that addresses transboundary water issues, but that is largely an information-gathering and information-sharing organization. It does not have any enforcement powers.

The Biden administration has already taken some action on mining impacts to tribal areas in Montana and Idaho. The State Department in June called for an investigation by the International Joint Commission into selenium pollution flowing downstream into those states from coal mines operated by Teck Resources.

This story originally appeared in the Alaska Beacon and is republished here with permission.

The US promised tribes they would always have fish, but the fish they have pose toxic risks

Lottie Sam, front right, and other women prepare salmon in Toppenish, Wash., before a ceremony held by the Confederated Tribes and Bands of the Yakama Nation. (Photo by Tony Schick/OPB)

This article was produced for ProPublica’s Local Reporting Network in partnership with Oregon Public BroadcastingSign up for Dispatches to get stories like this one as soon as they are published.

Salmon heads, fins and tails filled baking trays in the kitchen where Lottie Sam prepped for her tribe’s spring feast.

The sacred ceremony, held each year on the Yakama reservation in south-central Washington, honors the first returning salmon and the first gathered roots and berries of the new year.

“The only thing we don’t eat is the bones and the teeth, but everything else is sucked clean,” Sam said, laughing.

Her mother and grandmother taught her that salmon is a gift from the creator, a source of strength and medicine that is first among all foods on the table. They don’t waste it.

“The skin, the brain, the head, the jaw, everything of the salmon,” she said. “Everybody’s gonna have the opportunity to consume that, even if it’s the eyeball.”

Sam is a member of the Confederated Tribes and Bands of the Yakama Nation. They are among several tribes with a deep connection to salmon in the Columbia River Basin, a region that drains parts of the Rocky Mountains of British Columbia, Canada, southward through seven U.S. states into the West’s largest river.

It’s also a region contaminated by more than a century of industrial and agricultural pollution, leaving Sam and others to weigh unknown health risks against sacred practices.

“We just know that if we overconsume a certain amount of it that it might have possible risks,” Sam said as she gutted salmon in the bustling kitchen. “It’s our food. We don’t see it any other way.”

But while tribes have pushed the government to pay closer attention to contamination, that hasn’t happened. Regulators have done so little testing for toxic chemicals in fish that even public health and environmental agencies admit they don’t have enough information to prioritize cleanup efforts or to fully inform the public about human health risks.

So Oregon Public Broadcasting and ProPublica did our own testing, and we found what public health agencies have not: Native tribes in the Columbia River Basin face a disproportionate risk of toxic exposure through their most important food.

OPB and ProPublica purchased 50 salmon from Native fishermen along the Columbia River and paid to have them tested at a certified lab for 13 metals and two classes of chemicals known to be present in the Columbia. We then showed the results to two state health departments, U.S. Environmental Protection Agency officials and tribal fisheries scientists.

A laboratory analyst processes salmon filets for testing at a lab in Washington. (Photo by Kristyna Wentz-Graff/OPB)

The testing showed concentrations of two chemicals in the salmon that the EPA and both Oregon and Washington’s health agencies deem unsafe at the levels consumed by many of the 68,000-plus Native people who are members of tribes living in the Columbia River Basin today. Those chemicals are mercury and polychlorinated biphenyls, or PCBs, which after prolonged exposure can damage the immune and reproductive systems and lead to neurodevelopmental disorders.

The general population eats so little fish that agencies do not consider it at risk, which means that government protocols are mostly failing to protect tribal health. In fact, the contaminants pose an unacceptable health risk if salmon is consumed even at just over half the rate commonly reported by tribal members today, according to guidelines from the EPA and Washington Department of Health.

Source: Data obtained by Oregon Public Broadcasting and ProPublica. Average diet figures from EPA surveys of the Nez Perce Tribe and the general population, and fish advisory guidance from the EPA. Additional information can be found in the methodology section below. Illustration by Irena Hwang/ProPublica.

The potential for exposure extends along the West Coast, where hundreds of thousands of people face increased risks of cancer and other health problems just by adhering to the salmon-rich diet their cultures were built upon.

Chinook salmon, like the ones OPB and ProPublica sampled, migrate to sea over the course of their lives, where they pick up contaminants that Northwest waters like the Columbia and other rivers deposit in the ocean. EPA documents obtained under the Freedom of Information Act show that even with minimal data available, agency staff members have flagged the potential for exposure to chemicals in salmon caught not just in the Columbia but also Washington’s Puget Sound, British Columbia’s Skeena and Fraser rivers, and California’s Sacramento and San Joaquin rivers.

The Columbia River faces many pollution threats, including from mining. Two reports have found that a tailings dam at British Columbia’s Copper Mountain, 25 miles north of the Washington border, has a probability of failing and flooding communities and tributaries of the Columbia with poisonous sludge. (Photo by Kristyna Wentz-Graff/OPB)

Tribes entered into treaties with the U.S. government in the mid-1850s, ceding millions of acres but preserving their perpetual right to their “usual and accustomed” fishing areas; the Supreme Court later likened this right to being as important to Native people as the air they breathe.

But time and again, the U.S. has not upheld those treaties. Damming the Columbia River destroyed tribal fishing grounds and, along with habitat loss and overfishing, drove many salmon populations to near extinction, wiping some out entirely. Previous reporting has shown how the federal government failed in its promises to compensate tribes for those losses and in some cases worked against tribes’ efforts to restore salmon populations. In addition, the EPA has allowed cleanups to languish, and state regulators have been slow to rein in industrial pollution. That toxic pollution impairs the ability of salmon to swim, feed and reproduce.

Continually poor and declining salmon numbers have prompted the White House to acknowledge an environmental justice crisis in the Columbia River Basin.

The results of our testing for toxic chemicals point to yet another failure.

Salmon, first image, is prepped for a variety of tests, including evaluating for the presence of mercury, second image. (Photo by Kristyna Wentz-Graff/OPB)

A toxic mystery

Questions over fish safety go back generations in some tribal families, predating government concerns by decades.

Karlen Yallup remembers tribal elders telling her the water had been clean enough to drink at Celilo Falls, their primary fishing site on the Columbia River. Yallup’s great-great-grandparents, members of the Warm Springs tribe, lived near the falls and would fish there every day.

As the industrial revolution boomed, farming, industry and urban sprawl grew throughout the basin. In 1957, the falls were submerged by water that pooled behind The Dalles Dam — one of 18 built on the Columbia and its main tributary, the Snake River, to turn the river into a shipping channel, irrigate farmland and generate hydroelectricity. By then, pollution from those new industries had dirtied the water.

Tribal elders told Yallup they knew the water was no longer clean enough to drink when they could see changes and hear differences in the way it ran. They also worried about the health impacts of Hanford, a sprawling nuclear weapons production complex dozens of miles upstream. Hanford became one of dozens of heavily polluted sites across the Columbia basin, considered one of the largest and most expensive toxic cleanups in the world.

Yallup said her elders began to suspect that whatever was getting into the water was getting into the fish. They became “very worried about the salmon getting the family sick,” she said.

It wasn’t until the 1990s, however, that the government and the broader public drew attention to the risk to people eating those fish.

In 1992, despite two decades of improving water quality under the Clean Water Act, an EPA study found chemicals embedded in carp from the Columbia River. The results alarmed the region’s tribes, which responded by working with the agency to test more fish and survey members about their fish consumption rates.

Those efforts revealed that tribal people, on average, eat six to 11 times more fish than non-tribal members. They also detected more than 92 different contaminants in the fish, some at levels high enough to harm human health.

In the years that followed, EPA staff expressed concerns over toxic contamination in report after report, but little happened in response. The issue officially became an agency priority during the administration of President George W. Bush, but the EPA repeatedly fell short of its goals to clean up toxic sites as responsible parties fought over how much it would cost, who would pay and how quickly it needed to be done.

The agency also never had the money to fulfill its plans for continuous monitoring, said Mary Lou Soscia, the Columbia River coordinator for the EPA, leaving the agency unable to determine whether the river was getting cleaner.

“Nobody wanted to pay attention to toxics,” said Soscia, who has been working on river cleanup since the late 1990s. “But there are small amounts of studies that give us like those yellow blinking lights. And when tribal people eat so much fish, it’s something we have to be really, really concerned about.”

Finally, Oregon delivered in 2011 what was hailed as a breakthrough moment: It adopted new water-quality standards to protect tribal people’s health. The state vowed to restrict the amount of chemicals released by industrial facilities and wastewater plants so that people could eat over a third of a pound of fish per day without increasing their risk of health problems. That amount of fish was based on a survey of tribal members done in the 1990s.

Other states that share the Columbia River or its tributaries were slow to follow suit. Washington waited a decade to adopt equally protective standards; Idaho and Montana still have not.

But while Oregon was ahead of its neighbors, state regulators took few steps to ensure polluters actually met the state’s new limits. For as many as half the contaminants at issue, the state said it didn’t have the technology to measure whether polluters met the new stricter criteria.

The Oregon Department of Environmental Quality also said it didn’t have the staff to keep pollution permits updated. It let more than 80% of polluters operate with expired permits, meaning they weren’t even being held to new standards.

When asked in September for evidence of how the state’s highly touted standard has actually improved water quality, the DEQ said it “does not have significant amounts of data on the concentration of bioaccumulative pollutants in the Columbia River, and therefore does not have any trend information.”

Jennifer Wigal, DEQ’s water quality administrator, said the standards were implemented not because of pollution but to ensure that tribal diets were represented.

Wigal also said that when companies release harmful contaminants into the river, most are at such low concentrations that they are below the agency’s ability to detect them. Additionally, most of the contamination affecting fish, the DEQ said, comes not from those polluters but from runoff and erosion from industries like agriculture and logging.

But the DEQ also has yet to curtail that source of pollution. Along the Willamette River, which flows through Oregon’s most populated areas and feeds into the Columbia, the EPA determined last year that the state needed to cut mercury pollution from these sources by at least 88% if it was going to meet its standards for protecting human health.

Congress tried to take matters into its own hands, but it fell into the same pattern of bold plans and delayed action. In 2016 it amended the Clean Water Act, the seminal law governing water pollution nationwide, to require the EPA to establish a program dedicated to restoring the Columbia. It took four years and a nudge from the Government Accountability Office for the program to actually begin. That same year, in 2020, an EPA regional staffer found that broad swaths of the river were polluted with toxic chemicals and were below the standards of the Clean Water Act.

In an emailed response to questions, the EPA repeatedly said Congress gave the agency orders to clean up the Columbia but failed to provide the agency with funding to carry out the work. Even after the agency designated the Columbia an EPA priority, finally elevating the river to the same status as other major ecosystems like the Great Lakes and the Gulf of Mexico, it received no additional funding and staff for cleanup or long-term monitoring.

“That needs to happen,” Soscia, the agency’s Columbia River coordinator, said. “It hasn’t happened.”

A disproportionate risk

Had the government followed through on its plans for monitoring, it might have found what OPB and ProPublica’s testing revealed: that contamination was high enough that it would warrant at least one of the state health agencies to recommend eating no more than eight 8-ounce servings of salmon in a month.

For non-tribal people, who on average eat less than those eight monthly servings, the risk is minute. But surveys show members of some tribes in the Columbia River Basin on average eat twice as much fish as the agency’s recommended eight monthly servings.

The testing also revealed the potential for increased cancer risks from PCBs and another class of chemicals known as dioxins. Given an average Columbia River tribal diet, according to recent surveys commissioned by the EPA, the risk is as much as five times higher than what the EPA considers sufficiently protective of public health. This means that, based on the news organizations’ samples, roughly 1 of every 20,000 people would be diagnosed with cancer as a result of eating the average tribal diet — about 16 servings of fish each month — over the course of a lifetime.

The harm goes beyond the raw numbers. That’s because the risk is compounded by exposure from other fish and other toxic chemicals, such as pesticides and flame retardants in those same waters, that weren’t included in OPB and ProPublica’s testing because of cost constraints. Those chemicals are known to accumulate in fish. Beyond fish contamination, tribal populations already experience disproportionately high rates of certain cancers.

Public health officials caution that any cancer risks must be weighed against the many health benefits of eating fish, including the potential to lower the risk of heart disease. The Oregon and Washington health departments, like those of many states, do not assess cancer risk when setting public health advisories.

We showed the result of our testing to public health officials in both Washington and Oregon. Both groups said they would be taking further steps to assess salmon and the exposure risk to tribes.

Emerson Christie, a toxicologist with the Washington Department of Health who analyzed the results, said the department will consider whether to issue an official public health advisory based on the news organizations’ findings. “These results do indicate that there’s a potential for a fish advisory,” Christie said.

David Farrer, an Oregon Health Authority toxicologist who also reviewed the results, said the agency would coordinate with state environmental regulators and the Columbia River Inter-Tribal Fish Commission about additional testing or potential advisories.

Public health advisories and cooking guidance are a last-resort attempt to protect people when larger cleanup efforts fall short or don’t happen at all.

These advisories can also be plagued with delays. When tribes collected and tested tissue from the Pacific lamprey back in 2009, they found that the culturally important eel-like fish contained dangerous levels of mercury and PCBs. The Oregon Health Authority responded by issuing a consumption warning in October — but the process took 13 years.

And while advisories put constraints on tribes’ traditional diets, they don’t help with the larger issue: that the waters from which they are eating fish are still contaminated — with no plan to clean them up.

“The long-term solution to this problem isn’t keeping people from eating contaminated fish — it’s keeping fish from being contaminated in the first place,” Aja DeCoteau, executive director of the Columbia River Inter-Tribal Fish Commission, said when the lamprey advisory was issued.

Members of the Yakama Nation scale the slippery rocks in the Willamette River near Oregon City, Ore., during the annual lamprey harvest in 2017. (Photo by Ian McCluskey/OPB)

Wilbur Slockish Jr. is a longtime fisherman who serves on the inter-tribal fish commission.

It is wrong, Slockish said, for the government to allow pollution and then, instead of cleaning it up, decide it can tell people not to eat the fish they always have.

“That’s on the back of our people’s health, the health of the land, the health of the water,” he said. “We’re not disposable.”

A fight too big to ignore

Slockish eats a lot of fish.

He relies on stockpiles of jarred, dried or smoked salmon to get him through the winter. He said it’s not uncommon for him to eat more than a pound of salmon or lamprey in one sitting, sometimes multiple times per day.

He’s a direct descendant of the Klickitat tribe’s Chief Sla-kish, who signed the Yakama Treaty of 1855, guaranteeing his people’s right to the fish. At that time, studies estimate that, on average, Native people in the region ate five to 10 times more fish than they do today. Slockish is not going to stop eating fish because of warnings about chemical contamination.

He doesn’t see the alternatives as any better. Many in his family have struggled with heart disease, diabetes and cancer. He connects it to their being forced away from the river and made to eat government-issued commodity foods full of preservatives.

“All of our foods were medicine,” he said. “Because there were no chemicals.”

Research across the globe has connected the loss of traditional diets with spikes in health problems for Indigenous populations. In one West Coast tribe, the Karuk of Northern California, researchers found a direct link between families’ loss of access to salmon and increased prevalence of diabetes and heart disease.

Public health experts agree that wild salmon, wherever it’s caught, remains one of the healthiest sources of protein available, and that chemicals can also contaminate other foods beyond just fish.

A member of the Confederated Tribes of Warm Springs prepares wind-dried salmon the traditional way, inside a drying shack, in September 2021. After she removes the heads and bones, the salmon is sliced into strips, salted and hung to dry for several days. (Photo by Arya Surowidjojo/OPB)

Tribal leaders also worry more about their members getting too little fish than too much of it. And because salmon are a primary income source for many tribal fishers, they worry that fears over fish safety will drive away customers.

But for Columbia River tribes, fish are also a cultural fixture, present at every ceremony. They are shared as customary gifts. Babies teethe on lamprey tails. Salmon heads and backbones are boiled into medicinal broths for the sick and elderly.

Tribes up and down the river continue to fight for their right to a traditional diet and to clean fish.

Yallup, from the Warm Springs tribe, decided to become an advocate for salmon after hearing from her grandmothers how much more limited their traditions had become.

She’s on track to graduate in December from Portland’s Lewis & Clark Law School. Yallup chose the law profession to fight for salmon, she said, and to change laws to protect the river from pollution.

“If I had a choice, I would just be a fisherman. I felt the responsibility to have to leave the reservation and have to go to law school,” Yallup said. “It’s such a big fight now. It’s kind of impossible to ignore.”

Earlier this year, tribes successfully lobbied for one of their Columbia River fishing sites just east of Portland, known as Bradford Island, to be added to the list of polluted places eligible for cleanup money from the federal Superfund program.

The east end of Bradford Island, where the U.S. Army Corps of Engineers dumped toxic materials into the Columbia River. The island was added to the list of polluted places eligible for cleanup money from the federal Superfund program. (Photo by Monica Samayoa/OPB)

In August, the EPA received $79 million to reduce toxic pollution in the Columbia River as part of President Joe Biden’s Bipartisan Infrastructure Law. It is the most money ever dedicated to reducing Columbia River contamination. It’s also a fraction of what tribes and advocates say is needed.

The Yakama Nation is using some of that EPA money to lead a pilot study into the kind of long-term monitoring that has been a recognized need for decades.

Laura Klasner Shira, an environmental engineer for Yakama Nation Fisheries, said the tribe put together four federal grants to pay for its pilot study, which is limited to the area around Bonneville Dam, east of Portland. They hope someday it could grow to span nearly the entire length of the Columbia, up to the Canadian border. But it took 10 years to get as far as they are now.

“It’s disappointing that the tribes have to take on this work,” she said, noting that government agencies not only have treaty and legal responsibilities but better funding. “The tribes have been the strongest advocates with the least resources.”

They will sample resident fish, young salmon on their way to the ocean, and adult salmon after they’ve returned.

They have two years to finish the work. After that, funding for their monitoring becomes a question mark.

Methodology

Oregon Public Broadcasting and ProPublica reporters conducted interviews and listening sessions with tribal leaders, toxicologists and public health experts, many of whom became informal advisers throughout the project. Tribal leaders expressed support and interest in additional fish testing. Based on these conversations, the reporters developed a preliminary methodology to test salmon for toxics in a stretch of the Columbia River. The reporters sent this methodology to the same informal advisers for review.

A reporter purchased 50 salmon from tribal fishers upriver of the Bonneville Dam, in the zone of the river reserved for tribal treaty fishing. The majority of the fish were fall Chinook salmon, with two coho salmon and one steelhead. The fish were caught in late September 2021. With the salmon in hand, a reporter gutted the fish, removed the heads and cut them into pieces so they would fit into five coolers. The fish were placed on ice in five different coolers, with 10 fish of roughly the same size placed in each cooler.

Testing of fish can be done on the whole body of the fish, on a fillet with the skin on or on a fillet with the skin removed. Although many people, particularly in tribal communities, consume the head of the fish, reporters asked the laboratory to test fillets with skin because it was determined to capture the best approximation of what’s most often consumed in tribal diets.

A reporter sent the fish samples to ALS, a certified laboratory, and followed ALS protocols for the collection and delivery of samples. The laboratory combined fish to create five new composite samples, each one with 10 fish. (Creating composite samples enables more fish to be tested without raising laboratory costs.) Then, ALS technicians conducted testing to assess levels of 13 metals and two classes of chemicals in each of the five fish samples. In March 2022, ALS sent OPB and ProPublica an analytical report that included the case narrative, chain of custody and testing results, which we again shared with experts and public health officials as we developed a plan to analyze the results.

As a first step, the reporters conducted quality assurance checks on the testing and processed the data. While doing so, the reporters encountered testing limitations that prompted them to make two choices that are standard in both national and international approaches to fish toxics testing:

  1. ALS tested for general mercury, yet methylmercury is the form that is most concerning to public health. The EPA and European Food Safety Authority assume 100% of mercury sampled in fish tissue is methylmercury. The reporters adopted the same approach.
  2. ALS tested for arsenic, yet inorganic arsenic is the form that is most concerning to public health. The reporters found that there isn’t as much of a cohesive approach toward identifying the proportion of arsenic that is inorganic without directly testing for it. The Idaho Department of Environmental Quality recently launched a sampling effort where researchers found that, on average, about 4% of the arsenic in fish is inorganic. The department’s study is one of the most robust examinations of inorganic arsenic concentrations near the Columbia River. The Oregon Health Authority takes a different approach. David Farrer, a toxicologist with the agency, said they would initially assume 10% of arsenic is inorganic and, if the results signaled the levels could harm human health, they would then reanalyze any leftover sample specifically for inorganic arsenic. If that were not possible, the health department would not use the data at all. Given these uncertainties, OPB and ProPublica chose not to move forward with assessing cancer risk of inorganic arsenic since the news organizations did not specifically test for it.

The reporters then calculated the average concentration of chemicals across each of the wet weight samples. They then assessed how these results compared to EPA, Oregon Health Authority and Washington Department of Health standards.

Of the 13 metals and two classes of chemicals tested, three contaminants surpassed federal and local standards at varying levels of fish consumption: mercury, or methylmercury; polychlorinated biphenyls, or PCBs; and dioxins/furans.

The reporters shared their methodology and findings with experts for review. Toxicologists with the Oregon Health Authority and the Washington Department of Health, as well as former and current EPA scientists, reviewed the results and, in some cases, conducted their own calculations to assess how the testing findings compared to their respective standards. The reporters then met with each of these individuals to talk through the findings, ask and answer questions, and ultimately update their own findings to incorporate feedback. The experts’ feedback was consistent with one another. This process led to the finding that concentrations of mercury (methylmercury) and PCBs would warrant the EPA and at least one state health agency to recommend eating no more than eight 8-ounce servings of salmon in a month. The equation used for these calculations can be found in this Oregon Health Authority report (Page 4) and this Washington Department of Health report (Page 35).

Simultaneously, OPB and ProPublica calculated the estimated cancer risk from consuming salmon with the contaminant levels found through our testing. For each contaminant, a reporter calculated the levels of exposure for multiple scenarios based on how different populations eat, including general population consumption and average and high rates for Columbia River tribes, which were based on consumption surveys. The amount of contamination assumed in this calculation was taken from the 95% upper confidence limit of the test results. Current and former EPA scientists reviewed the methodology and calculations.

To calculate lifetime cancer risk, the dose of a probable carcinogen must be multiplied by a cancer potency factor, which estimates toxicity. Cancer potency factors, also known as slope factors, were sourced from this EPA report. Former and current EPA officials, as well as an epidemiologist, reviewed the calculations and results.

We also factored in the following consideration: Under EPA guidance, when calculating safe levels of exposure to different chemicals, the agency calculates monthly limits to the exact number of meals a person should eat. But it then rounds that down to the nearest multiple of four in an effort to make risk communication easier to follow. For example, if one were to find that the levels of dioxins would warrant that someone only eat five fish per month to avoid excess cancer risks, that would be rounded down to the four fish per month.

Ultimately, this led to the finding that, based on the levels of dioxins in our samples, anything above four 8-ounce servings of these tested fish each month would create an excess cancer risk beyond the EPA’s benchmark of 1 in 100,000. That means of 100,000 people exposed to these levels of contaminants, one of them would develop cancer as a result of the exposure.

Biden administration announces $15M in climate grants for Alaska tribes

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Rotary Beach south of Saxman is also called Bugge’s Beach. A federal grant will support Ketchikan Indian Community’s efforts to test waters at beaches like this for bacteria as the climate warms. (KRBD file photo)

Tribes around Alaska are trying to find ways to stop climate change from eroding their ways of life — like access to traditional foods, clean waterways, and infrastructure in small villages.

The Bureau of Indian Affairs recently announced more than $45 million in federal grant money for tribes around the country to address issues spurred by climate change.

More than a third of that is making its way to Alaska, which has the largest number of federally recognized tribes in the country.

Alaska is warming faster than any other part of the U.S.  The changing climate has left communities to reckon with problems ranging from eroding shorelines and riverbanks to bacteria-infested waterways.

The Biden administration’s climate action grants are partially funded by last year’s landmark Bipartisan Infrastructure Law. They’re intended to give tribes an infusion of cash to put toward projects that will help fend off the worst of the impacts.

In Southeast, there’s a lot of pressure on making sure vital waterways stay clean and subsistence foods remain available.

Ketchikan Indian Community was awarded $246,221 to keep working on the goals outlined in its climate action plan. Tribal officials say it’s the federally recognized tribe’s biggest federal climate grant yet.

Tony Gallegos, the tribe’s cultural resources director, said climate change threatens the Indigenous way of life.

“Well, it presents kind of urgent risks to our traditional resources, food that our citizens depend on,” he said.

And part of preserving the way of life is understanding the role of traditional foods. So the tribe plans to, among other things, interview local elders to learn about what traditional food sources are most important to them. Gallegos said that effort is already underway.

We’ve already made some significant headway (in) gathering and documenting tribal citizen reliance on traditional food and priorities, with over 320 responses to our initial survey last year,” Gallegos explained.

Some of the grant money also will be used to collect bacteria samples from local waters. The tribe has been monitoring bacteria levels at local beaches since 2017, and evidence seems to point to spikes after big rainstorms.

“So sometimes they call (it the) ‘first flush’ after a rainfall event, especially when there hasn’t been a rain for a while, can often carry pollutants into, this case, the (Tongass) Narrows where we … have bacteria problems,” Gallegos said. “And we want to start to collect some water quality (samples), right during and right after those rainfall events.”

Gallegos said they hope to test at least 10 samples over the next two years.

Another $15,000 was awarded to the tribe to fund travel expenses for staff to attend conferences to learn about other ways to adapt to a changing climate.

Further north, the Yakutat Tlingit Tribe plans to use a grant of $113,830 to help deepen local knowledge about tribal lands using LiDAR mapping technology. That’ll allow the tribe to conduct detailed aerial surveys of its lands.

Andrew Gildersleeve is the tribe’s executive director.

LiDAR is a very exciting way for us to map with precision the tribal lands as they are,” Gildersleeve said. “And this is creating a record for us and a baseline for us to use in the future, and we hope for future generations, to be able to establish and recognize trends.”

With LiDAR, Gildersleeve says the tribe can learn more about rising ocean levels, salmon habitat and tidal zones.

The tribe’s grant consultant, Amanda Bremner, said the project will be completed in three phases. And it might even help broaden ancestral knowledge.

We have an Indigenous and traditional place names map that, for years, has just been, you know, a map on the wall drawn of boundaries and areas from a time, you know, decades ago that in this ever changing climate may not necessarily be accurate,” Bremner said. “So we’re looking forward to having these high resolution images.”

In the Upper Lynn Canal community of Klukwan, a grant of more than $589,000 is slated to fund riverbank stabilization as the community faces accelerating glacial runoff and melting permafrost. The tribe hopes the Jilkaat Kwaan Heritage Center Bank Stabilization Project will preserve salmon runs.

The Sitka Tribe of Alaska received more than $298,000 for its tribe-operated research center Southeast Alaska Tribal Ocean Research. That will support more research into the harmful algae blooms and paralytic shellfish toxins that thrive in warming waters. 

And Southeast’s biggest tribe, the Central Council of Tlingit and Haida Indian Tribes of Alaska, is working toward food sovereignty with a regionwide community garden program. That project will be funded with a $2 million grant. Tlingit & Haida did not respond to repeated requests for comment from KRBD.

In Klawock — the only Prince of Wales Island community to receive a grant — the Klawock Cooperative Association will use $248,206 to put into motion its own climate action plan. It will be modeled after one adopted by Tlingit & Haida. The Klawock Cooperative Association did not respond to repeated requests for comment.

Elsewhere in the state, a handful of villages received funding to seek higher ground as they face increasingly brutal storms and erosion.

That includes Unalakleet. With around 800 people, it’s the largest community to receive a grant dedicated to what’s called a “managed retreat” from the shore of Norton Sound. A 2019 Denali Commission study found that Unalakleet was the eighth-most at risk community in Alaska when it comes to damage from erosion and floods.

The local tribe received $290,440 to help plan an eventual move to a nearby hillside.

Kari Duame is the housing director for The Native Village of Unalakleet. She explained that an old seawall that surrounds the silty spit that the village sits on spared it from the worst of the damage from ex-Typhoon Merbok in September. But she said it’s clear the village has to move further from shore to survive the new climate reality.

“The ground itself can be unstable, for the style of building and the era of building — a lot of the houses are from, like the 70s, 80s, even earlier, like the 40s and 50s,” she said. “And more concerning is the seawall probably isn’t sufficient in the long run.”

She said a retreat from the shore would also give the village room to expand.

Also, there’s very little land to build on — (it’s), like, pretty crowded,” Duame noted.

Duame said the plan is in its early stages. She said the tribe’s goal for this grant is to get a completed plan ready for another grant proposal next year.

Unalakleet isn’t alone. Kivalina in the Northwest Arctic Borough received almost $250,000 to plan its own managed  retreat. Akiak, in the Bethel Census Area, got $150,000 to start moving away from the Kuskokwim River.

And in Nunapitchuk, a nearby river has eroded so severely that waters have risen up to the door of the only public safety building in the village. That’s where the village public safety officers live and work, and it’s also where emergency gear is kept. The village’s $2.2 million grant will help pay for a new building, since the current one is a total loss.

In Chefornak, flooding is forcing some parts of town to be moved. The $2.9 million grant will build 19 homes and a new preschool away from the water.

Other tribes are just keeping an eye on things — like in Kipnuk and Tuntutuliak, where tribes received grant money to conduct permafrost risk assessments.

The complete list of BIA climate action plan resiliency grants can be found at the agency’s website.

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