This month's report contains 4 articles & a Website review. The first article is a review of EPA's recent report concerning the 1990 Clean Air Act Amendments and positive reduction in acid rain.
The second article concerns indoor mold and fungi within Native American Nations. The article discusses the health risks associated with indoor molds and fungi, offers ideas on prevention and clean-up procedures, and discusses new technology for identification and detection.
The third article concerns eagle feathers and the Ship's (United States) law. The article examines possession of feathers within our sovereign nations, traveling outside our nations with feathers, and discussed the following question: To what extent do the laws of the Ship apply to the people of the Canoe?
The fourth article is a guest piece written by Phil Preston. The article discusses a recent meeting at Akwesasne where a workshop was held on traditional horticulture. The news report ends with a new section called Website of the Month. Each week a Websites of importance to our people will be discussed.
TABLE OF CONTENTS
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1. Review: EPA Report: Response of Surface Water Chemistry to the Clean Air Act Amendments of 1990 |
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2. Indoor Air Molds & Indian Country |
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3. |
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4. Traditional Horticulture: With Steve McComber |
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5. Website of The Month: Enviro Text |
1. REVIEW:
By Barbara Gray
In 3 regions,
The report concludes that the CAAA pollution control measures, including the Acid Rain Program, for coal-fired power plants and industries have resulted in the reduction of sulfur emissions that contribute to the development of acid rain. Acid rain is formed when NOx and SOx emitted from the combustion of fossil fuel react with water in the atmosphere. This acidity may travel hundred of miles before coming back to earth in rain, snow, or fog.
The report examines a 10 year span from 1990 to 2000 and was written by EPA’s Office of Research and Development and collaborators. The report is 92 pages long and contains numerous tables, charts, maps, and illustrations. The language used is technical, but readable by those outside the discipline.
The purpose of the report is to see the effects of the Clean Air Act
Amendments of 1990 (CAAA) on surface waters in acid sensitive regions of the
Northern and
Interestingly, the report is being used by proponents of President Bush’s Clear Skies Proposal to promote the idea of market-based cap and trade approaches as being beneficial to environmental protection. However, opponents assert that the Clear Skies Proposal would weaken the Clean Air Act. They also appose the proposal because it fails to address global warming.
However, EPA Administer Christine Whitman says the proposal will strengthen the CAA and allow industries to install pollution reducing controls without fear of more stringent future regulations.
On the other hand, a coalition of states filed a motion for a stay to
halt implementation of recently announced changes to the Clean Air Act.
The States argue that these changes will cause irreparable harm by
seriously damaging air quality. They
argue that industries “would be able to avoid installation of state-of-the-
art pollution controls that would be required but for the new regulatory
loopholes.” (Eliot Spitzer, Environmental Issue
The EPA report does bring to light some very good information about acid
rain reduction. However, the EPA
report focuses on wet depositions (rain, snow, fog), not dry (gases and
particulate), which impact global warming. Therefore,
while the market-based approach has worked to reduce acid rain depositions in
various sensitive regions of the
**A link to the full report can be found below. To read the report you will need Acrobat Reader, which can be downloaded free at: http://www.adobe.com/products/acrobat/readstep2.html
EPA REPORT: Response of Surface Water Chemistry to the Clean Air Act Amendments of 1990
http://www.epa.gov/ord/htm/CAAA-2002-report-2col-rev-4.pdf
2.
Indoor Air Molds & Indian Country
In the Natural World, molds and fungi have a responsibility. Their duty is to break down and remove organic materials. For example, molds and fungi can be found throughout our forests breaking down leaves and deadwood. In reality, molds and fungi can be found virtually everywhere. All they need to grow is air, moisture, and a food source.
In Indian country, indoor molds and fungi have become a serious problem. Some reasons for the problem are poor maintenance and construction of homes. Leaking pipes and roofs, dirt floors, seasonal flooding, are all problems that allow for moisture and the propagation of molds and indoor fungi. In addition, new home construction makes homes often are virtually airtight, which creates moisture problems.
The health risks vary depending on the susceptibility of the person and concentration of mold and/or fungi indoors. Elderly people, children, and people with compromised immune systems are more at risk. Molds and fungi produce allergens, which are substances that may cause an allergic reaction, irritants, and in some cases, potentially toxic substances known as mycotoxins. (1) Touching or inhaling the mold or mold spores may cause an allergic reaction.
The reaction could be similar to flu-like symptoms such as a sneezing, running, or stuffed nose, red or itching eyes, and coughing. Some reactions might cause rashes and/or asthma attacks. Exposure can also cause “inflammation of the respiratory tract, bloody noses, fever, headaches, neurological problems and suppression of the immune system.”(2) Ongoing research is being done to determine the potential human health risks from exposure to molds and fungi.
EPA’s
New Revolutionary Mold and Fungi Technology
The Environmental Protection Agency (EPA) developed a new technology to detect indoor molds and fungi. The test is revolutionary in that it can be used to identify and quantify more than 130 species of potentially toxic molds and fungi in less than two hours.
Previous technology to detect molds and fungi took two weeks. Expert scientists, mycologists and microbiologists, had to manually count each spore as they peered through a microscope. Such methodology was time consuming and costly.
The new EPA technology will reduce costs and produce better results in identification and quantity. Cost and human errors will be reduced as the technology becomes automated. Trained laboratory technicians should be able to reach the same identification and quantifications as the experts. As a result, mycologists and microbiologists will be better able to use their time interpreting analysis and researching the human health risks to exposure.
In an official EPA press release, some confusion was created when the release implied that homes with molds should be tested. However, such a practice, testing all homes, is not recommended by EPA. Instead, common mold and fungi problems should be properly cleaned.
Taking
Control of Mold
Mold will not grow without air; however, we won’t live too long without air either. Mold can live on all kinds of organic matter in our homes such as paper, wood, and foods. I read an article about a woman from a reservation in the Dakotas who had 6 inch high fungi growing in her dirt cellar along with molds coating the inside of her basement.
Molds and fungi cannot grow without moisture. Moisture needs to be controlled in our homes. Of course moisture cannot be entirely eliminated, nor would it be very healthful to do so. However, there are many things that we can do reduce moisture in our homes.
Showers and cooking add moisture into our homes. When cooking, especially when making soups, boiling water for pasta, and steaming vegetables use your stove top fan. Dryers should be vented to the outside. When taking a shower, turn on the bathroom fan to eliminate the excess steam. If your home, like mine, was not built with a fan, a window can be cracked open. However, the best option is to install an exhaust fan that removes the air from the inside of the home to the outside.
All leaking pipes should be fixed. Prevent water from seeping in around the edges of sinks and tubs. If your basement is getting wet from the outside, installing gutters to direct water away from the foundation may be helpful. Over dirt crawl spaces a barrier needs to be installed to prevent moisture from coming in from the ground. There are many types of barriers depending on your need, but in general some suggest a plastic covering. Basements and crawl spaces should be well ventilated.
The use of air conditioners and dehumidifiers can be helpful. Storm windows installed on the inside can be helpful. Carpets can hold moisture especially on concrete floors. It is best to use scatter rugs on concrete floors that can be washed frequently. If carpet has to be laid over concrete, place plastic over the concrete, then lay down a sub-floor of plywood prior to the carpet. One rule of thumb is to properly dry up moisture within 24 hours to prevent molds and fungi from having a chance to grow. (3)
Clean-up
and Removal
Proper clean-up and removal of
mold and fungi is important. One
might assume that the burning of removed materials or homes, unable to be clean,
would be a good idea; however, it is not. The
burning of moldy buildings is harmful to human
health because fire releases the spores into the air.
These released spores can be breathed in by
humans and pets and cause respiratory problems.
Thus, proper steps to clean-up and removal need to be followed.
The first step in the clean-up process is to reduce moisture. Once leaks and floods are taken care of, the molds and fungi and ruined organic material need to be physically removed. Cleaning can get rid of visible molds, but one has to be aware of hidden molds. Hidden molds may be found in such places as behind wallpaper, under ceiling and floor tiles, and in carpets. These materials need to be removed and replaced.
When doing clean-up, precautions should be taken. Some precautions include gloves, goggles, and respirators. Mold should not be touched with bare hands. Gloves should be worn at all times during the clean-up and removal process.
If using chemicals or biocides, one should wear long gloves made from natural rubber, neoprene, or polyurethane. EPA recommends using a mild detergent and water to clean away visible molds. However, it may become necessary to use harsher chemicals or a biocide such as chlorine bleach.
Goggles should be worn to protect the eyes. Goggles should not have any air-holes this will prevent the spores from entering into the eyes. In addition, masks or a respirator should be worn at all times. EPA recommends that an N-95 respirator should be worn to protect mold spores from entering the lungs.
Some Indian nations have trained technicians and contractors in mold remediation. Calling in a team of trained native professionals to remove mold and fungi problems from our homes would be a good idea that would offer the best protection for our people and the environment.
1. EPA: A Brief Guide to Mold and Moisture and Your Home at <http://www.epa.gov/iaq/molds/moldguide.html>
2. Office of Native American Programs: Mold and Mildew Introduction at http://www.codetalk.fed.us/Mold_and_Mildew_Introduction.htm
3. Indoor Air Pollution: An Introduction for Health Professionals at http://www.epa.gov/iaq/pubs/hpguide.html
For further reading about the implication of mold and fungi on health see:
Sorenson,
W.G. 1995. Aerosolized mycotoxins;
implications for occupational settings. Proceedings of the International
Conference: Fungi and Bacteria in Indoor Environments. Health Effects, Detection
and Remediation . Eckardt Johanning and Chin S. Yang, editors.
3.
Eagle
Feathers & the Ship’s Law
The
eagle is a messenger and protector. Eagle
carries our dreams, hopes, and prayers to the Creator.
His feathers are sacred and remind the people of their covenant with the
natural world.
When
the articles of war were buried beneath the Great Tree of Peace, the Creator
placed at the tree’s top, an eagle. Eagle
was placed at the tree’s top to guard over the Haudenosaunee.
The Haudenosaunee were told to listen for the eagle’s cry, for it would
be a warning of approaching danger to the confederacy.
The
Haudenosaunee still listen for the cry and hold sacred eagle’s feathers.
The spiritual/political use and belief in the teachings that go along
with eagle’s feathers are embedded within the laws and traditions of the Canoe
(Haudenosaunee). The Ship (United States) has created laws that often infringe on the people of the Canoe.
Such interference violates the Two Row Wampum because it is an attempt by
the Ship to steer the Canoe.
However,
as we travel outside the boundaries of our nations, to participate in
ceremonies, meetings, hunting, fishing, gathering, or for trade, to what extent
do the laws of the Ship apply to the people of the Canoe?
This article discusses the Ship’s laws concerning eagle feathers, and a
recent court decision where a First Nations individual was sentenced to two
years imprisonment for violating the Bald Golden Eagle Protection Act.
Brief
Background
The Act went through numerous amendments. In 1962, the BEPA was extended to include the golden eagle and renamed the bald and golden eagle Protection Act (BGEPA). The golden eagle is not an endangered species, it is a threatened species. (1) However, the golden was added to the BEPA because eaglets and immature eagles of both species are hard to distinguish. Thus, the endangered bald eagles were continuing to be killed as they were being mistaken for the golden eagle.
The
BGEPA prohibits and makes criminal the act to: “take, possess, sell, purchase,
barter, offer to sell, purchase or barter, transport, export or import, at any
time or in an manner, any bald eagle commonly known as the American eagle, or
any golden eagle, alive or dead, or any part, nest, or egg thereof of the
foregoing eagles” without a permit. (16 U.S.C. §§ 668) The
BGEPA created a narrow exemption, which allows for the taking and using of the
bald and golden eagles for Native American religious purposes. (16 U.S.C. §§
668(a)) The exemption for Indian religious use is administered through a
permitting process by the United States Fish and Wildlife Service. (50 C.F.R.
§ 22.22 et seq.)
Penalties
for violation of the Act include fines up to $5,000 and imprisonment of up to
one year for first time convictions, and forfeiture of eagle parts and guns,
traps, nets, and other equipment and means of transportation used in violation
of the Act. (16 U.S.C. §§ 668(b)) Congress hoped that these 1972 amendments to
the Act, the addition of civil penalties and civil forfeiture, would encourage
enforcement.
Eagle
Feathers applying for permits
According
to the Ship’s laws, Native Americans may possess and transport eagle feathers
for Native American religious use if they have a valid permit from the United
States Fish and Wildlife Service. This
includes eagle feathers and parts acquired through gifting or inheritance. (50
C.F.R. §22.22 (2000))
Only
members of federally recognized Native Nations who are 18 years or over and have
not previously been convicted of violating the Act can apply for a permit to
possess eagle feathers and parts, or take eagles for religious use.
The cost of applying for a permit is $25.00, which is non-refundable.
The application asks for general information including enrollment number
and name of tribe. (50 C.F.R. §
13.12 (1992) The application
includes a chart showing eagle feathers and parts from immature eagles, as well
as adults. This chart is to help the
applicant choose the type of bird desired and/or the feathers sought (tail,
wing, or whole bird). In addition,
the applicant is required to submit certification of enrollment from the
“certifying tribal official.” This
certification is to verify the applicant is a member of a federally recognized
tribe.
Once
the application is approved, the request is sent to the National Eagle
Repository in
Case
Law: Defining the Act
Many
Native Americans and non-Native Americans have filed laws suits challenging the
Bald and Gold Eagle Protection Act as a violation of their religious freedom.
Non-Native Americans oppose the BGEPA because it does not provide an
exception for their religious use. Native
Americans have launched a variety of lawsuits challenging the Act as being
unduly burdensome on their freedom of religion in that the permitting process is
a burden, and the wait for feathers and eagle parts is too long.
The
majority of court cases consist of Native American Indians who have engaged in
the commerce of eagle feathers or parts. In
these cases, the Courts have held that Native Americans engaged in commerce,
which the Act defines broadly as selling, purchasing, trading, and bartering
precludes the Defendant from raising a free exercise challenge.
(Andrus v. Allard, 444
In
the eagle cases, the Courts held that a person does not have standing to
challenge the Act as being “unduly burdensome on religious freedom” unless
they had actually applied for a permit.
(Thirty Eight Eagles, 649 F. Supp. 269 (D. Nev. 1986),
aff’d, 829 F2d 41 (9th Cir. 1987);
In
a recent case, Leonard Antoine, a First Nations man from the Cowichan Band of
Salish of British,
On
appeal, Antoine made some interesting challenges to the Act.
He could not assert First Amendment challenges because he had engaged in
commerce; instead, he raised a Religious Freedom Restoration Act (RFRA)
challenge. Under RFRA if the BGEPA
is not the least restrictive way to further a government interest, than the law
would be suspended.
Antoine
argued that since bald eagles are no longer an endangered species, the Act was
not the least restrictive way to serve the government’s compelling interest to
preserve eagles; and, thus, it violated his religious freedom.
The Court threw out this challenge reasoning that the proposed rule to
remove the bald eagle from the list of endangered species has not been
finalized.
In
order to challenge the permitting process, in that it discriminated against him
from applying to legally possess eagle feathers because he is not a member of a
federally recognized nation, Antoine raised a RFRA challenge.
He argued that his exclusion from the permit process violates RFRA, and
makes him ineligible to be prosecuted for obtaining eagle feathers by other
means. (
This
is interesting for in our Haudenosaunee communities where there are tribal and
traditional governments, some citizens have chosen not to be enrolled with the
federally recognized tribal government. In
these instances, unlike Antoine, they have chosen not to be “tribal members”
for their religious/ political beliefs.
Thus, in such a case, as the
Treaty
Rights and the Ship’s Law
Some
of the eagle cases discuss whether the Bald and Gold Eagle Protection Act
abrogated or limited treaty hunting rights.
The BGEPA does not specifically mention whether Indian treaty hunting
rights were abrogated by the enactment of the Act.
According to the Ship’s laws, for a treaty to be abrogated there must
be express congressional intent. (See, William Canby, American Indian Law Review
93 (1988). As a result, Courts have
returned mixed findings whether the Act abrogated or limited treaty hunting
rights.
The
Courts found that the BGEPA did abrogate or limited the treaty rights for some
Indian nations such as the Yankton Sioux and the Red Lake Band of Chippewa.
(
Interestingly,
in the cases where it was found that the treaty rights were abrogated, the
persons charged were engaged in commerce of eagle feathers and parts that they
hunted and killed within the exterior boundaries of the reservation.
In the case where the Act did not abrogate or limit the treaty right, the
persons were engaged in ceremonial uses and takings of eagles without engaging
in commerce.
However,
in the Abeyta case, the Court reasoned that the Treaty of Guadalupe Hidalgo
retained and confirmed the Isleta Pueblo religious rights including the use of
eagle feathers in rituals. Interestingly,
the treaty language that is used to back the Abeyta holding is very similar to
the language found in the Canandaigua Treaty of 1794.
Therefore, one would expect that if a Haudenosaunee, using the feathers
for traditional ceremonial use, was found in possession of eagle feathers and
parts within the exterior boundaries of our Nations, the Courts would also find
that our rights have remained in tact.
Some
might argue that the Supreme Court ruling in Dion, is definitive in that the
BGEPA shows a “clear and plain intent” to abrogate the treaty right.
However, one could argue that the permit scheme, under the BGEPA, was
enacted to facilitate an exception for Native American Indians who no longer
reside within their territories and are protected by their Nation’s
sovereignty. In addition, if, as in
Abeyta, hunting and treaty rights include the religious right to possess eagle
feathers and parts, then permits for Indian religious use within the boundaries
of the reservation are not needed, for such a requirement would be contradictory
to the Indian nation’s sovereignty.
Some
scholars believe the Indian Trust Doctrine will be the next challenge to the
BGEPA, with Native American’s asserting that the Act violates the governments
trust responsibility to protect and assure the persistence of Native American
cultures and religions. (See, Matthew Perkins, The Federal Indian Trust Doctrine
and the Bald and Gold Eagle Protection Act: Could the Application of the
Doctrine Alter the Outcome in
Traveling
With Eagle Feathers and Parts
As
mentioned at the beginning of the article, potential conflicts arise when one
carries feathers and eagle parts outside of the geographic exterior boundaries
of our territories. It is
undeniable that we carry with us our, Haudenosaunee, spiritual and political
beliefs, and when we travel to other Indian nations we do not suspend our
beliefs and practices or allegiance to our nations just because we drive off the
reservation. So the question becomes
do we need to show a
The
answer to this question is not a simple one, for it depends on whether one has
their feet in the Canoe or the Ship. The
Ship has created many laws, unilaterally, that are meant to apply to all Indian
Nations regardless of individual treaty obligations.
The BGEPA, permitting scheme enables federally recognized Indians to
register eagle feathers and parts, which would subsequently enable Individuals
to legally transport their feathers and parts, while traveling outside their
Nations. In addition, the
Department of the Interior U.S. Fish and Wildlife Service has a permit for First
Nation people traveling into the
The
permit requires that the person possesses and carries a “certificate of Indian
Status” card issued by the Federal Government of Canada, which must be shown
upon entering the
Just because we are traveling
outside of our Haudenosaunee territories does not mean that we have stepped into
the Ship. Therefore, if the
Haudenosaunee are stopped with eagle feathers and parts, the presentation of our
Nations’ Red Cards, which indicate our Haudenosaunee citizenship, Clan,
Onkwehonweh name, photo ID, tax exempt number, and treaties, should be proof
enough to the Ship of our religious use of the items we may travel with.
4.
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Traditional Horticulture with Steve McComber at Nation Longhouse by Phil Preston |
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On Friday March 7th
Beans
Early in the workshop there was a focus on beans.
A roar of giggling was created by a question raised regarding why eating beans
creates so much gas in the body. When everyone calmed down a bit, Steve went on
to explain that beans play a large part in releasing impurities in our blood.
The release of gas is part of this process.
He went on to explain in brief the further
bacterial action on the bean in the digestive system, but kept focus on the
detoxifying process of beans for the body. If
we eat beans a lot, we will naturally have less gas over time as the body
releases these blood impurities and gets used to having beans in our everyday
diet. This is a far better alternative to taking a pill.
Processed
food
When we harvest our foods, we can store some for longer periods than others. The same holds true for the seeds. Steve recommends for storing foods for later eating and for seeds that will later be planted:
The times are just guidelines. Our traditions do
say that foods should be always stored so that we have enough to last for seven
years. Even though they can be stored that long for food and for planting, why
wait? The seed will be so much stronger if it is kept in constant use. When
eaten, the fresher the better. Everyone can make his or her own decision of
course.
Engineered vs. Traditional
The many varieties of sweet corn are just that,
sweet. These are varieties of corn that have been engineered to be extremely
high in sugars, which result in "empty" calories. There ends up being
very little nutrition for our bodies. Our traditional varieties of com remain a
better choice.
We should understand these varieties so that we
can continue to plant and use them in our diets, or for many of us, to begin
putting our traditional foods into our everyday diet. Further, as Steve
emphasized to the many
Our culture has always been hands-on.
This is a concept stressed and practiced continually at the
This will ensure the survival of our traditional
foods and give us healthier diets. It is a very simple thing to plant a
garden and tend to it through the growing season. However, today's habits of
planting and harvesting with machines like tractors and automated harvesters
have complicated the efforts. In addition, these machines have also caused harm
to our traditional varieties of food plants. In the attached picture, Steve
holds up two ears of corn. The larger one in his right hand with large kernels
is a product of planting and harvesting by hand as well as always using human
hands to select the seed annually.
The smaller ear of com with smaller kernels is a
result of successive harvesting with a machine. The machine only allows up to a
certain size ear to pass through, thus automatically selecting the size of com
to be reused in following seasons for seed.
When we plant, the traditional ways can always be
used. Some techniques show the balance of labor we always had. For example, the
men might make the rows in the soil with hoes, and then the women would come
next and bury the seeds with their bare feet.
This action by the woman can also be seen imitated as the women dance the
Women's Shuffle Dance at Longhouse. We can also choose our own seeds from each
year's harvest. We can help to make
that seed stronger by watering when needed and by draining our gardens when the
soil is too wet. There are so many techniques that have always been used.
Steve McComber has been collecting seeds for about
25 years and provides many of the seeds that are given away each year at the
Seed Giveaway at Tsionkwanatiio (
Most of his sources for seeds are now passed on and many people rely on Steve for these. Everyone with a garden can help make sure the varieties survive though by registering at the Seed Giveaway at Tsionkwanatiio and bringing seed back to give the next year.
For more information, contact Dave Arquette at the
Mohawk Nation Office. If we work together, our food will always be here for our
children, our grandchildren and theirs.
EnviroText
In addition, the site contains Federal
environmental laws, regulations, and guidance.
Users have complete access to the U.S. Code, the Code of Federal
Regulations, the Federal Register, and Presidential Executive Orders (for 1914
to present).
Searching the Website is easy.
The site provides an index of databases to search.
Users can narrow research by check-marking appropriate datasets; thus,
time is saved in narrowing returns to information needed.
The URL is: http://envirotext.eh.doe.gov/index.html
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