ML20070D118
| ML20070D118 | |
| Person / Time | |
|---|---|
| Site: | Skagit |
| Issue date: | 12/10/1982 |
| From: | Jim R YAKIMA INDIAN NATION |
| To: | |
| References | |
| NUDOCS 8212140455 | |
| Download: ML20070D118 (3) | |
Text
'o
\\1 11 i
1 A
UNITED STATES OF AMERICA s
//
NUCLEAR REGULATORY COMMISSION
/
v u!.
. 3,/
~~
BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
PUGET SOUND POWER & LIGIIT
)
Docket Nos. STN 50-522 COMPANY, _ET _AL.
)
STN 50-523 (Skagit/IIanford Nuclear Power
)
Project, Units 1 and 2)
)
AFFIDAVIT OF RUSSELL JIM IN SUPPORT OF YAKIMA NATION'S BRIEF ON ADMISSIBILITY OF YAKIMA INDIAN NATION'S REWORDED FROPOSED CONTENTION 10 AND MOTION FOR RECONSIDERATION STATE OF WASIIINGTON)) ss:
County of Yakima
)
RUSSELL JIM, being first duly sworn, on oath deposes and says:
That he is a member of the Tribal Council, a governing body of the Confederated Tribes and Bands of the Yakima Indian Nation, hereinafter called "Yakima Indian Nation".
As regards his position it has been necessary that he be familiar with the general history of the Yakima Indian Nation and the boundaries of the ceded area covered in the Treaty of 1855.
Your affiant further, states that he is a member of the Yakima Indian Nation and he and his family have had an interest in the history of the Yakima Indian Nation as in the main it was 8212140455 821210 PURADOCK05000Sg O
6 a family history.
Your affiant's father and brother have. held official positions ~with the Yakima Indian Nation.
Regarding the history of the Yakima Indian Nation your affiant's family confirms the following:.
The Confederated Tribes and-Bands of the Yakima Indian Nation was created by-treaty with the United States, Treaty with the Yakimas, 12 Stat. 951. -The Yakima Indian Nation was created from confederated tribes and bands occupying and using lands within Oregon and Washington Territories.
These tribes and bands ranged in a food-gathering economy as far south as the now border of California to above the now Canadian-United States. border, from the Puget Sound area on the' west to as far east as the Bitterroot Mountains now in Montana state.
In this larger' area of over 20,000,000 acres, these tribes and bands exercised absolute dominion and control and-occupied over 10,000,000 acres in the south central portion of now Washington state.
This area, herein called the " ceded area", with the exception of the Yakima Indian Reservation, was ceded to the United States reserving certain rights within the ceded area implicitly and explicitly by the Treaty with the Yakimas.
The Hanford Reservation and the site of the Skagit/Hanford Project are located within that ceded area.
It has always been the understanding of the Yakima Indian Nation and its leaders and within the history of the Yakima Indian Nation that the members of the Yakima Indian Nation would
,Li -
be allowed access to said lands to pasture-their-horses, gather roots and berries and to hunt, as long as title to that land was in the government of the United States.
The Yakima Indian Nation has always ; contended that its members possess.a right to go within the Hanford Reservation to exercise these treaty rights and have not been compensated or have they ever consented to.
their exclusion from this area.
The plans of the app'licant show that they intend to fence and exclude all persons from the site area.
Your affiant knows that said lands, like other parts of the Hanford Reservation contain natural foods which are nece'ssary to the sustenance, culture and religion of the Yakima Indian Nation and its members.
Applicant's plans show that the site area will be fenced and members of YIN excluded.
Further, your affiant knows that along the stretch of river that the fencing and exclusion from both project site and the Hanford Reservation will exclude the Yakima Indians'from their usual and accustomed fishing sites along that stretch of the Columbia River which have been exercised by the Yakima Indians.
These rights reserved under the treaty with the United States have never been abrogated or conveyed away.
LL %z d / / '-
W SUBSCRIDED AND SWORN t'o before me this 10th day of December, 1982.
j r
Notary Public in and for the StJte E
of Washington, residing at Lf-m
'