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INDIAN NEWS AND ISSUES
INDIAN NEWS AND ISSUES
Welcome and please feel free to post any news and events in your area
THE NATIVE AMERICAN ADVOCATE
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NEWS AND ISSUES -- Anonymous, 09:43:51 07/07/01 Sat

Another ruling favors states over tribes
By David Melmer
Today staff

WASHINGTON, D.C. - The U.S. Supreme Court gave the green light for states to assume more jurisdiction on reservation land.

The case involves the state of Nevada against a member of the Fallon-Paiute-Shoshone tribe who was accused of violating state laws regarding hunting off the reservation, but had evidence confiscated by state officials at his residence on the Fallon reservation.

The question was whether the tribal court had jurisdiction over civil claims against the state officials. State officers searched Floyd Hicks' home on the reservation for mounted California big horn sheep he was accused of hunting off the reservation and on state land. After it was found he did not violate any state law, the mounted heads were returned, damaged, Hicks said. He then filed a civil lawsuit in tribal court against the state officials who claimed immunity because they were state officers.

The high court overturned a 9th Circuit Court of Appeals ruling, and favored the state of Nevada, which claimed immunity from suit by a tribal court.

"Our cases make clear that the Indians' right to make their own laws and be governed by them does not exclude all state regulatory authority on the reservation.

"State sovereignty does not end at the reservation. Though tribes are often referred to as sovereign entities, it was long ago that the Court departed from Chief Justice Marshall's view that the laws of a state can have no force within reservation boundaries," Justice Antonin Scalia wrote in the majority opinion.

In citing case law, Scalia wrote that, "Ordinarily, it is now clear, an Indian reservation is considered part of the territory of the state." He also said it doesn't mean the state has the same regulatory authority on the reservation as it does outside the boundaries.

The fact that states have authority over tribal members when crimes are committed or civil authority is violated off the reservation does not mean the state has additional authority over civil laws within the reservation.

Scalia also stated that the high court had already ruled that tribal members are subject to state regulation even though on reservation land. He cited a Supreme Court decision referred to as Confederate Tribes, that disallowed tribal members from selling tax-free cigarettes to nonmembers while on reservation land.

"Nothing in the federal statutory scheme prescribes, or even remotely suggests, that state officers cannot enter a reservation to investigate or prosecute violations of state law occurring off the reservation," Scalia wrote.

As seen by the states, Nevada Senior Deputy Attorney General Wayne Howle said the decision "paves the way for cooperation between state and tribal law enforcement over state crimes that must be investigated on Indian reservations.

"A contrary ruling at the U.S. Supreme Court would have made state officials reluctant to ever step foot on an Indian reservation, even if their duty to enforce state laws required such entry," he said.

The wildlife officials argued they were protected from a lawsuit in tribal court because of Nevada's sovereign immunity status and because of a qualified immunity that protects government officials over their official actions so long as they did not violate someone's clearly established rights.

Indian country sees the decision differently. Tribal leaders' legal experts expressed frustration at another U.S. Supreme Court decision that goes against tribal sovereignty and self-determination. The gist of what some attorneys and tribal leaders claim is that the decision may put states rights ahead of tribal sovereignty.

Todd Plimpton, attorney for the Fallon tribes, said the decision was so new it was difficult to way the impact it may have on the Fallon Tribes or other nations. "There will be some adverse impact, but it will be two to three years from now before it is felt.

"I can't tell what fallout there will be at this time. Plenty of work will be done on this case in the next few years," he said

Each tribe could be impacted differently. Some tribes already have a relationship with a state that allows state authority on the reservation and some with reciprocity of civil authority. Tribes in states with the 280 compact will be impacted less, than others, authorities say.

"We conclude today that tribal authority to regulate state officers in executing process related to the violation, off reservation, of state laws is not essential to tribal self-government or internal relations - to the right to make laws and be ruled by them.

"The state's interest in execution of process is considerable, and even when it relates to Indian-fee lands it no more impairs the tribe's self-government than federal enforcement of federal law impairs state government," Justice Scalia wrote.

David Melmer reports from the northern Great Plains and nationally. He can be reached at (605) 341-0011 or by e-mail dmelmer@IndianCountry.com.




Program spurs tribal development
George Erb Staff Writer
In the coastal village of LaPush, a ribbon-cutting ceremony scheduled for June 29 on the Quileute Indian Reservation marks a new program that will provide tribes with some of the capital they need to redevelop their economies.

Officials with the Quileute Tribe will open four resort rental homes that were built with a $450,000 financing package assembled by the tribe, a bank and a tribal economic-development agency. The financing package is the first of its kind.

The Affiliated Tribes of Northwest Indians Economic Development Corp., based in Shoreline, made the first loan from its revolving fund by providing $100,000 to the Quileutes for building vacation homes at the tribe's Ocean Park Resort.

The new homes are the first phase in a proposed redevelopment of the resort, which is located in the remote coastal village on the North Olympic Peninsula.

Greg Starup, director of banking and financial services for the Affiliated Tribes, said the loan is significant because it "gets us going. It gets us some credibility."

Additional loans are in the works. Starup, a former manager for Everett-based Frontier Bank, is working on other financial packages with other Washington tribes, and his agency could make another loan this year.

For the LaPush project, the economic-development agency helped secure a $250,000 loan from KeyBank by letting the bank take first position on the loan, with the Affiliated Tribes in second position, said Mark Ufkes, the agency's executive director.

The tribe contributed $100,000 to the resort project.

Affiliated Tribes, a consortium of 54 Northwestern tribes, started the revolving fund to provide capital for tribally owned enterprises. The agency also loans money to companies owned by tribal members that support tribal enterprises, such as a private laundry that supports a tribal resort.

The revolving fund is one of several programs that are trying to make capital more available to Indian Country, where conventional loans can be hard to get.

Mainstream lenders are often reluctant to do business on reservations because tribes are sovereign governments that frequently lack business codes. Many lending executives are also unfamiliar with tribal governments and courts.


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By Kevin Carter, STAFF WRITER


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NEWS AND ISSUES -- Anonymous, 09:41:18 07/07/01 Sat

The Senate has confirmed Neal McCaleb, a Chickasaw Tribe member and former Oklahoma state lawmaker, as the next head of the Bureau of Indian Affairs.

McCaleb, who also served as head of the state Transportation Department under Republican Gov. Frank Keating, struggling to make ends meet in health services, law enforcement and education.

Last month, he told the Senate Indian Affairs Committee that one of his top priorities would be reforming the Indian Trust Fund, created in 1887 to hold royalties from the sales of oil, gas, grazing and logging leases on Indian land.

Record-keeping has been was shoddy and some money was stolen or used for other federal programs.

More than 300,000 American Indians are suing the government, claiming they are owed at least $10 billion due to the mismanagement. They are demanding the government reform its accounting system.

McCaleb said in an interview last month that he is confident of completing an accounting of what is owed and reforming the system before he leaves the bureau



Losing gamblers contribute to Cherokee success CHEROKEE, N.C. (AP) -- Most members of the Eastern Band of Cherokee Indians will remain strangers to the thousands of visitors who come to their reservation over the course of the year.


But because their losses are the tribe's gain, these visitors are radically changing the lives of tribe members.


About 3.6 million people are drawn to the tribe's casino each year. Some will leave with more money than they brought, but odds are most will leave with less.


Faye Watkins of Kennesaw, Ga., and her husband, Glen, come to escape their busy lives a little while. Faye prepares income taxes. Glen, who currently drives a truck for a living, is also a musician, singer, actor and Civil War historian.


"The only way to ever have anything is to work for it," Faye said. "We don't have any illusions that we're so lucky we're going to have some windfall. I love it when I go in with my $20 and I win my $20 back and the rest of it is play money. If I win $300, that's my play money."


Most of Harrah's customers come from North Carolina, but the casino draws heavily from Georgia, Tennessee and South Carolina, in that order, said Scott Barber, Harrah's Cherokee Casino marketing director. The average age of the customers is 52, and most have a household income of $50,000 or greater, he said.


People pouring money into the machines may lose cash by the bucketload, but figure they'll make it back if they keep going. Some make multiple trips to automatic teller machines that can be found in every corner of the casino or to get cash advances from their credit cards, while others gamble until they lose their limit and leave for home or other attractions.


"I don't do the ATM," said Bernard Wall, 36, of Durham, who says he plays blackjack and the slot machines at the casino "once in a blue moon."


His 27-year-old wife, Sonja, confirmed that they play by certain rules. "What you bring is it. What you don't want to spend, you leave at home," she said. "We have three kids at home. We try to keep our priorities straight."


Each loser contributes to the more than $120 milliion in profits the casino clears each year. Half that amount goes goes in direct payments twice a year to members of the Eastern Band of Cherokee Indians, said Michell Hicks, executive director of the tribe's budget and finance division.


Payments totaling about $5,000 a year are sent to each of the tribe's nearly 12,500 enrolled members. Those payments grow each year.


The Eastern Band also has used casino revenues to build a dialysis center and a youth center. It is planning a $6 million wellness center with racquetball courts and walking trail.


Across the river from the casino, a 15-story, $63 million hotel is due to be complete in the spring, said Barber said. The tribe's hotel will have 252 rooms, a conference center and a covered parking garage for 650 vehicles.


Also planned is a 20,000-square-foot expansion for the 175,000-square-foot casino building to create space for 800 more video gambling machines, Barber said.


That would bring the number of machines to 3,500 and the gaming space to 80,000 square feet. Construction is tentatively scheduled to start in August or September and take almost a year to complete, he said.


Direct payments aren't the only way the tribe and other members of the area's work force have benefited from the booming casino business. The casino already employs about 1,600 people, Hicks said, and the hotel and conference center will create another 300 jobs.






50 Date: 2001-07-03 12:51:45
NAA Reporter (no email / no homepage) wrote:

Pomos want Windsor land

Neighbors oppose plan to buy 50 rural acres,
build 50 homes just outside town limits
July 2, 2001

By STEVE HART
THE PRESS DEMOCRAT









The Lytton band of Pomo Indians, who lost its Sonoma County reservation 40 years ago, says it's found a new home on 50 oak-studded acres just outside the town of Windsor.


But the plan is running into opposition from some Windsor neighbors, who say the proposed Indian community doesn't belong in the semirural enclave. They're also worried the tribe will open a casino on the property.


Margie Mejia, leader of the 220-member tribe, said the Lytton Pomos will never build a casino on the land. "Our goal is to be good neighbors," Mejia said. "We never wanted a gaming facility near our homes."


Instead, the tribe has a deal with the East Bay city of San Pablo to open a casino in an existing card club. Congress last year cleared the way for the Lytton Pomos to acquire the San Pablo site, but the tribe still needs approval from Gov. Gray Davis for Nevada-style gambling there.


The tribe would use profits from the San Pablo casino to develop 50 homes for Pomo families and a community center on the Windsor property. Philadelphia stadium promoter Sam Katz, the tribe's gambling partner, would put up $2 million to buy the site on Windsor River Road if the federal government agrees to make it an Indian reservation.


The tribe has an option to buy the Windsor property from Georgina Funtanellas, a Santa Rosa physician.


So far, Windsor and Sonoma County leaders haven't taken positions on the tribe's Windsor plans. The Pomo development conflicts with Sonoma County's land-use regulations, which allow a maximum of 10 homes on the property.


County zoning rules don't apply on Indian land, but local government agencies have a chance to comment when tribes ask the federal government to create reservations for them. Neighbors are pushing local, state and federal representatives to fight the Lytton project, saying the tribe shouldn't be allowed to build five times more homes than the county allows.


They said the increased density will lead to traffic, water and sanitation problems. "It will be a completely different environment," neighbor Debbie Bailey said.


"This is not the appropriate location for them to do what they want to do," another neighbor, Bob Crawford, said. The neighborhood is mix of rural homes, small farms, vineyards and grazing land.


"We will do all it takes to stop this project," nearby resident Bill McCormick said.


Mejia said the tribe's project will protect the environment and Windsor is the right location. She said the homesites will be clustered to save native oaks and a natural buffer will be created between the houses and Windsor River Road.


The tribe chose the Windsor location because it has rural character but it's close to town, she said. "This is the closest we could get to our aboriginal home," Mejia said.


She said 50 homes would not be out of place because there's a Windsor housing tract just a block away.


She said the Lytton Pomos have been looking for a new home since 1961, when an act of Congress officially disbanded the tribe. The Lytton band regained its tribal status in 1991 but its 50-acre Alexander Valley reservation had long since been sold to non-Indian owners.


Mejia said the Lytton Pomos were determined to reestablish a reservation in Sonoma County, where most of the tribe's members still live. "It's our way of living together," she said. "We want to live as we did 40 years ago."


She said the Windsor development is needed because many tribe members are living in substandard housing. "We're just asking for our 50 acres back," Mejia said. "I don't think that's unreasonable."


Two years ago, the Lytton Pomos asked the U.S. Interior Department's Bureau of Indian Affairs to acquire the San Pablo and Windsor properties as land to be held in trust for the tribe.


The tribe did environmental studies on both projects but didn't pursue the Windsor development because federal regulations require gaming projects to be considered first, according to tribal attorney Tony Cohen. Now that Congress has approved the San Pablo acquisition, the tribe will soon reapply for the Windsor land, he said.


Carmen Facio, realty officer for the Bureau of Indian Affairs in Sacramento, said the review process could take anywhere from 18 months to several years. She said the tribe also must submit a new environmental study of the Windsor project, which will be subject to public review.


She said individuals and government agencies have a chance to comment on the project and the tribe must respond to issues that are raised. Facio said the bureau could ask the tribe to provide more information on the environmental impacts if it's deemed necessary.


Once the bureau makes a decision, the matter can be appealed to the Interior Department, Facio said. The department's decision can be challenged in federal court.


According to Facio, the tribe wouldn't be able to open a casino on the Windsor property without going through a separate approval process.


Cohen said the Lytton Pomos welcome a full review.


"This is a tribe that has bent over backwards to accommodate public concerns," he said. "We will go out of our way to respond to individuals and government agencies that have concerns."


But neighbors said they aren't reassured. Once the land is declared a reservation, Windsor won't have any say over what happens there, said Crawford, a retired attorney. "The basic reason we worry is there is no control," he said. "There is nothing to prevent them from changing their application to do a casino here."


Neighbors also note the tribe's original application talks about a need for 97 homes for its members.


Mejia said the tribe hasn't decided how it will meet the need for additional housing.


Neighbors also are worried about how the tribe will provide water to its residents and treat its sewage. Mejia said the tribe wants to talk to Windsor about extending town water and sewer service.


But if the tribe can't get service from the town, Mejia said, it will develop water wells and build an on-site sewage treatment system.


If that happens, neighbors fear, their wells might be affected and the development could discharge wastewater into nearby streams. They said the 50 acres, now used for grazing, contain wetlands and sensitive wildlife habitat.


Cohen said those issues will be addressed in the tribe's environmental studies. "The tribe is going to go out of its way to mitigate the impacts," he said.


Windsor Mayor Steve Allen said the town is waiting to receive the tribe's formal application before taking a position. He said there could be impacts on traffic, water and schools, "but until we see them come in the door and make a proposal, it's difficult to judge."


Even if it agrees with the Lytton band's plan, Windsor could be barred from providing services to the reservation under the town's urban growth boundary law. That law, passed in 1998, says services can't be extended outside the growth boundary without approval from voters. The property is just outside the boundary.


Mejia said the tribe successfully negotiated agreements with the city of San Pablo and it can do the same with Windsor.


Mejia said she's worried that opponents are motivated by prejudice. But neighbors insist race is not the issue. "I don't care who buys the property as long as they adhere to the zoning," Bailey said.


"If they want to follow the county's rules, I'll be the first guy in the welcoming party," McCormick said.


You can reach Staff Writer Steve Hart at 521-5212 or e-mail shart@pressdemocrat.com.


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NEWS AND ISSUES -- Anonymous, 12:23:22 06/27/01 Wed

COVER STORY
Nuclear murder

Americas Atomic War Against Its Citizens and Why Its Not Over Yet

by David Proctor
After 15 years of investigating, I have concluded that the United States governments atomic weapons industry knowingly and recklessly exposed millions of people to dangerous levels of radiation.
Nothing in our past compared to the official deceit and lying that took place in order to protect the nuclear industry. In the name of national security, politicians and bureaucrats ran roughshod over democracy and morality. Ultimately, the Cold Warriors were willing to sacrifice their own people in their zeal to beat the Russians.

Former Secretary of the Interior Stewart Udall
from the foreword to Atomic Harvest: Hanford and the Lethal Toll of Americas Nuclear Arsenal By Michael DAntonio
Since early June, newspapers in Australia and Great Britain have published articles about experiments conducted in the 1950s and 1960s by U.S. scientists on the bodies of deceased and stillborn babies.
Documents declassified by the U.S. Department of Energy show that scientists from the U.K. Atomic Energy Authority worked with their American counterparts to take the bodies of 6,000 infants from hospitals in Australia, Great Britain, Canada, Hong Kong, South America and the U.S., then ship them to the United States for the nuclear experimentswithout permission from the parents.
It was called Project Sunshine.
Sunshine began in 1955 at the University of Chicago when Willard Libby, later a Nobel Prize laureate for his research into carbon dating, instructed colleagues to skirt the law in their search for bodies.
Human samples are of prime importance, and if anybody knows how to do a good job of body-snatching, they will really be serving their country, Libby is quoted as saying.
The reasoning: Nuclear tests released great amounts of Strontium 90 into the atmosphere. Libby and others connected with the American defense industry wanted to know how much radiation was entering the food supply. The bodies and body parts were cremated and the ashes tested with a sophisticated Geiger counter.

Grotesque as Project Sunshine was, it fits the pattern.
Since 1945, high officials of the United States government have maimed and killed hundreds of thousands of their own people, first while they spent $5.5 trillion to test and maintain nuclear weapons, then as they spent billions to support and under-regulate nuclear power plants. To cover their actions, the officialsand those who succeeded themhave for decades lied to the public and perjured themselves in court about the amount of radiation released and its effect on the millions of people exposed to it.
Now, that same government wants to transport hundreds of tons of nuclear waste through 43 states, including Idaho, on inadequate rail lines and highways past 138 million people to be stored in containers of unknown longevity for hundreds of thousands of years in geologically unstable formations in New Mexico and Nevada.
And once again, officials insist it will all be perfectly safe.

The government has known for at least 70 years that nuclear energyregardless of its formis deadly to the human body.
The first publicized case of radiation injuries in America was the radium-dial painters in the 1920s. These women used radium paint to put the luminous numbers on watch dials. Many wet their brushes with their mouths to make the tiny points needed for such fine work. When they began to die of cancer their successful lawsuit against the watch company in 1928 made the dangers of radiation very public.
The government also sponsored radiation experiments on animals in the 1940s, as well as follow-up studies of the Trinity test at Alamogordo, New Mexico, and the bombings of Hiroshima and Nagasaki, all in 1945.

Despite this knowledge, and Americas acceptance of the Nuremberg human rights protocols, the Atomic Energy Commission, a group appointed by the president and obligated by law to protect the public, detonated more than 300 aboveground nuclear weapons at the Nevada Test Site and in the Pacific Ocean.
The blasts totaled 138,600 kilotons of explosive power, which Soviet scientist Andrei Sakharov estimated would kill as many as 2.5 million people and American Nobel laureate Linus Pauling calculated would cause 1 million seriously defective children, another 1 million embryonic and neonatal deaths, and create millions of hereditary defects.
In 1969, Dr. Ernest Sternglass traced the dramatic increases in infant deaths and childhood leukemia in upstate New York to airborne radiation from the nuclear tests. He estimated 375,000 American babies had been killed by fallout radiation between 1951 and 1966. And that didnt count the deaths caused by the Soviet Unions 715 tests.
Dr. John Gofman found that even low doses of radiation could cause cancer. In the early 1970s, when Gofman and Dr. Art Tamplin refused to keep their findings secret, they lost their research grants at DOEs Livermore National Laboratory.
The government, of course, did not have this information when it began aboveground testing. It did know, however, that radiation was dangerous and was being blown thousands of miles from the Pacific and Nevada sites. AECs response was to lie about fallout readings, falsify some reports and bury others so Americans and Pacific islanders would accept the governments propaganda mantra that there was no danger.
It wasnt only civilians who were handed this line of falsehoods. The Defense Department marched soldiers within a few hundred yards of ground zero during several atomic tests. When these atomic veterans started getting cancer, their claims for benefits were denied. Soldiers who obtained their service records found no mention of their trip to the Nevada Test Site. Only recently has Congress recognized their sacrifice and authorized limited treatment for the dying veterans.



Radioactive waste management complex at Idaho National Engineering and Environmental Laboratory, located 32 miles west of Idaho Falls. In the early 1950s, southern Utah ranchers lost thousands of animals from radiation poisoning following a particularly dirty test shot. They sued the government, but during the discovery phase of the trial AEC officials lied about having reports that documented the radiation the animals received and testified there was no connection between fallout and the deaths. The truth came out at another trial 30 years later.
Cancer deaths spiked in southern Utah in the mid-1950s. Diseases that had been nearly nonexistent until then decimated whole families. The overwhelmed undertaker in Cedar City, Utah, needed special training in order to prepare the cancer-devastated bodies.
Simultaneously, Nevada Test Site workers began to develop the same types of illnesses and die at an alarming rate. AEC again insisted the workers were safe, that there was no connection between the cancers and the fallout.
But there was a connection, and AEC knew it. Government records, finally released after decades of denial and secrecy, show that the entire country was repeatedly dusted by fallout. Radioactive hot spots were found as far away as Albany, New York. Public health statistics showed hundreds of thousands of American babies were killed by fallout between 1951 and 1966. Another study found SAT scores dropped in Utah during the testing.


The story of the uranium miners is as tragic as any. During the 1940s and 1950s, thousands of poor, uneducated men, most of whom were American Indians, labored in mines in the Four Corners region to produce uranium needed to manufacture plutonium for bombs and atomic tests.
Forced to work without even the most basic ventilation system, the miners breathed uranium-laced air, drank uranium-contaminated water and carried the deadly dust home to their families. Thousands have since died of lung cancer and other radiation-related diseases. Thus far, Congress has approved no compensation for them.
The deadly rain of fallout stopped in 1963 but only momentarily. Even after the United States and the Soviet Unions limited test-ban treaty, many of the next 700 underground tests vented, the governments euphemism for explosions that drifted radiation across the country.

In order to conduct those tests and build its nuclear stockpile, the government needed bomb factorieshuge installations that manufactured, assembled and tested the deadly nuclear components. These factories were located at Savannah River, South Carolina; Fernald, Ohio; Rocky Flats, Colorado; Pantex, Texas; Idaho National Engineering Laboratory; Oak Ridge, Tennessee and Hanford, Washington.
Again, the government played fast and loose with the safety and health of both its employees and the thousands of civilians who lived nearby.
At Hanford, the infamous Green Run in December 1949, released 20,000 curies (a curie is a measure of radioactivity) of xenon-133 and 7,780 curies of iodine-131. The radioactive plume measured 200 by 40 miles and dropped high concentrations of fallout on the Tri-Cities. There was no public health warning and no follow-up studies on the health of the residents. Over the years, Hanford plastered the Columbia Valley repeatedly. About 1 million curies, the largest accumulation of atomic industrial pollution on record, were dumped in the air, water and ground.
Some lambs near Hanford were born without eyes, mouths or legs. Some had two sets of sex organs, others had none. Juanita Andrewjeski had three miscarriages and kept a map of her neighborhood, one of the closest farms to Hanford. On it were 35 crosses for heart attacks and 32 circles for cancer. One girl was born without eyes. Another couple had eight miscarriages and adopted all their children. Two children were born without hipbones. One farm wife killed her baby and herself after her husband died of cancer.
In 1974, Dr. Samuel Milham, a Washington State Department of Health epidemiologist, noticed a 25 percent excess of cancers among Hanford nuclear workers when compared with the rates among the states non-nuclear workers. As it had done so many times before, AEC buried Milhams findings. The agency commissioned another study from a company with extensive Hanford contracts. When that study affirmed Milhams work, it was buried, too.
Some 600,000 people worked in the nuclear weapons industry. Only last year did Congress approve lump payments of $150,000 and lifetime care for those approved. The Labor Department estimates 43,000 workers per year, and 28,000 survivors, will apply annually.

From 1952 to 1970, INEL (now known as INEEL) workers dumped some 16 billion gallons of liquid radioactive wastes into injection wells that fed directly into the water table below. Radioactive contamination has been found 7.5 miles away, threatening the long-term viability of the huge Snake River Plain Aquifer, the major underground water source for 270,000 people and Idahos famous potatoes.
There were also intentional iodine-131 releases in 1957 and 1963 that dosed the residents of the farming communities west of INEL. Site officials waited for the wind to blow away from Idaho Falls, where they lived, to make the release. The people downwind were not told of these incidents until years later.
The taxpayers bill to clean up this ungodly mess has already run into billions of dollars, and the meter is still running.
In the 1950s, nuclear energy was billed as the answer to Americas energy questions. Today we know that billions of dollars have been wasted in this attempt to produce electricity too cheap to meter. The power plants, according to a study done after Three Mile Island, were under-engineered, poorly built, poorly staffed and badly run.
Now, as President Bush lobbies for more nuclear plants, ratepayers and taxpayers are still on the hook for the billions of dollars it will cost to decommission the plants, clean up the sites and safely store the contaminated building and fuel rods for hundreds of thousands of years.



Hazardous and radioactive waste previously buried at an INEEL subsurface burial area.
Finally, let us not forget the ugly history of medical experiments.
Declassified documents show that government and university doctors injected scores of prisoners, mental patients, retarded adults and children and even pregnant mothers with radioactive substancesnearly always without full consentsometimes just to see what would happen.

The Next 500,000 Years

Now, with this revolting 50-year record behind it, the government wants us to believe it can safely move military, commercial and foreign waste to gigantic burial grounds near Las Vegas (Yucca Mountain) and Carlsbad, N.M. (Waste Isolation Pilot Project or WIPP). And protect it there for hundreds of thousands of years.
Yucca, which is still not built despite 20 years of study and nearly $7 billion invested, is intended to hold high-level nuclear reactor waste. WIPP, which is open, was built to hold transuranic wasteclothing, tools, sludge and dirt contaminated with small amounts of plutonium.
The thousands of shipments that will be made to these repositories through 43 states, this mobile Chernobyl, are a nightmare of potential accidents, economic catastrophe and terrorism.
The radioactive garbage will then be stored in containers that havent been adequately tested and placed for longer than the human race has recorded its own history in underground caverns whose long-term stability remains in doubt.
As one engineer put it, How would you like to have to build something that had to be 99.99999 percent perfectforever?
Perfect. That word doesnt quite describe either WIPP or Yucca.
The WIPP salt caverns near Carlsbad, N.M., are located 2,150 feet below the surface and consist of a 112-acre underground area on which taxpayers have spent $2.1 billion so far. In 30 to 35 years, when the space is filled, the price tag is expected to be $9 billion. It will include an elaborate marker system to warn people not to drill into the salt for the next 500,000 years.
But some scientists expect problems long before that. DOE first discovered water seeping into the WIPP excavations in 1983. The leaks finally became public in 1987 when New Mexico scientists concluded the salt formation contains much more water than DOE anticipated. They warned that over time the brine could corrode the waste drums and create a radioactive waste slurry that could eventually reach the surface.
Inside WIPP, cracks have appeared in the ceilings and floors of several large waste storage rooms, and the ceiling has collapsed in three areasthe result of natural room closure (salt movement) that is two to three times faster than anticipated. In 1983, DOE estimated it would take 25 years for the salt walls to completely close in and lock the waste barrels into solid salt rock. At the rate the rooms are closing, it may take only 13 years.
Another hazard is the known reserves of gas and oil. There is even an existing oil and gas lease beneath the WIPP site. Despite the warning signs, these resources could invite intrusion during the long future the repository must stay isolated.
WIPP also has capacity problems. The repository is expected to hold about 160,000 cubic meters of transuranic waste. However, there are expected to be 443,000 to 592,000 cubic meters of waste that will need storageroughly two-and-one-half to three-and-one-half times WIPPs capacity.

Yucca Mountain, located about 80 miles from Las Vegas, the fastest growing city the America, has been studied for 22 years to the tune of nearly $7 billionpaid by electric utility customers. There is still no agreement on whether it is a suitable site or not.
The plan is to bury the waste 660 to 1,400 feet below the surface in a 1,400-acre facility served by 100 miles of tunnels. By the time its finished, it will cost about $53 billion. Utility ratepayers will fork over $28 billion. The rest of the bill will be handed to taxpayers.
One of the most volatile issues is the mountains geology. There are 33 known faults near Yucca Mountain. About 600 seismic events have occurred near the site in the last 20 years alone, including a 5.6-magnitude earthquake in 1992.
Meanwhile, 70,000 tons of highly radioactive spent nuclear fuel rods are stored at 77 sites around the country. The waste increases by 300 to 600 tons per year, and those facilities are quickly running out of space.
If Yucca ever is opened, it will be full in less than 15 years.




Twice in the 1960s, INEELs Pit 9, a subsurface disposal area, was flooded by snowmelt runoff. First, though, the waste has to get there. The Yucca shipping campaign would be the largest nuclear materials transport in historysome 80,000 shipments over 24 years.
Accidents happen. The federal government predicts 70 to 310 nuclear transportation accidents over the next 75 years.
From 1964 to 1990, 2,561 spent fuel containers were shipped in the United States. If a repository opens, there will about that many shipments per year.
An accident or terrorist act that opened a high-level waste cask would be catastrophic. DOE predicts a severe accident in a rural area would contaminate 42 acres and cost $620 million. In an urban area it would cost $2 billion. Dr. Marvin Resnikoff, the nuclear physicist who was an expert witness in the 1991 Andrus vs. U.S., testified that a similar accident would cost $40 billion. Andrus vs. U.S. was a case filed by Idaho Governor Cecil Andrus. A judge ordered that Andrus not interfere with nuclear waste shipments.
The waste will be transported by rail (88 percent) and truck (12 percent). Union Pacific is the largest rail company in America and will handle most of the work. Their track record is not encouraging. Derailments and other problems have become an epidemic.

Even former Gov. Phil Batt, who allowed DOE to bring more than 1,000 shipments of waste into Idaho and store it on the promise it would be removed to Yucca and WIPP, declared Union Pacifics safety record unacceptable. Utah-based Huntsman Chemical says problems with Union Pacific have cost more than $8 million in lost business and increased shipping costs since June 1997. The U.S. military stopped using Union Pacific because of delays, and once the railroad left a shipment of M-1 tanks unguarded.
The Association of American Railroads has said todays rail linesin Idaho and elsewherecannot handle the weight of nuclear casks, the casks themselves may not withstand an accident and the railroads cannot afford to carry casks at the slow speed the federal government requires.

In the meantime, the existing nuclear plants continue to produce this deadly poison, much of which will last longer than human civilization has existed thus far.
The public has been alerted to these dangers, but nuclear energy is a silent killer, and the nuclear industry has run a very effective lobbying campaign. Crucial to this is the fact that cancers take up to 20 years to develop, and in that time people move, officials retire and change jobs, records are lost. It is not a spectacular earthquake or even the AIDS epidemic, which burst suddenly upon the world. Nuclear radiation kills quietly, with diseases that sometimes do occur for other reasons. The tragic truth is it may take a large-scale accident to get through to the daily media and much of the public.

Clearly, the history of nuclear energynot just in the United States but worldwidedemonstrates that the human race has not yet learned how to deal with this incredible power and the waste it produces. We have left death and destruction behind us every step of the way, from the mining of raw uranium, to the manufacture of plutonium, to the assembly of weapons and reactors, to the operation of the reactors, to the disposal of the waste they create. If we humans had to pass a test, had to prove to some rational outside observer that we deserve to be able to continue working with nuclear power, we would fail utterly.
The only sensible solution is to stop producing nuclear waste altogether and store existing waste as safely and as close to the point of production as possible. Then, begin a reverse Manhattan Project to find ways to neutralize the deadly mess we have created.

David Proctor has written for Boise Weekly, The Salt Lake Tribune, Idaho Mountain Express, The Idaho Statesman, USA Today and Gannett News Service as a reporter and editor. His work has also been published in Rolling Stone, Utah Holiday, New Times, Zoo World, Edging West, InPrint, Focus, Boise and Supermarket News magazines and Reuters news service


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