ML20076K263
| ML20076K263 | |
| Person / Time | |
|---|---|
| Site: | Skagit |
| Issue date: | 06/30/1983 |
| From: | Jim R YAKIMA INDIAN NATION |
| To: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20076K266 | List: |
| References | |
| FRN-48FR16014, RULE-PR-50 48FR16014-9, NUDOCS 8307080342 | |
| Download: ML20076K263 (2) | |
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CONFEDERATED TRIBES AND BANDS f.'T Aht!'HED bi THE GENERAL COUNCIL ThE1:n of KNE v n.
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June 30, 1983
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S Mr. Sanuel Chilk, Secretary q
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Nuclear Regulatory Comission ggd47/4) g(y x, /'
Washington, D.C.
20555
,j Attention: Dennis Rathbun; Roger J. Mattson 3
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Dear Mr. Chilk and Comissioners:
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SUBJFLT: Safety Goal Developnent Progra:n: Proposed Evaluation Plan, 48 Fed. Reg. 10772 (March 14, 1983)
Proposed Ccnmission Policy Statenent on Severe Accidents and Related Views on Nuclear Reactor Regulation, 48 Fed. Reg.16014 (April 13,1983)
Requirements for Licensee Actions Regarding the Dispo-sition of Spent Fuel Upon Expiration of Reactor Opera-ting Licenses (48 Fed. Reg. 22730)
'Ihe Yakima Indian Nation herewith ccuments on 3 proposed rules now under consideration by the Nuclear Regulatory Comission on the following subjects:
1.
Safety Goals.
2.
Policy on Severe Accidents.
3.
Impact of on-site storage of spent fuel following the expiration of a reactor license.
On all 3 subjects the Yakima Indian Nation concurs with and supports the coments by the Union of Concerned Scientists. Tde Yakima Indian Nation wishes to add additional ccuments which reflect the particular concerns of the Yakima Indian Nation. These ccnments cover all 3 proposed rules, and are as follcus:
1.
There is no reference in the proposed rules for safeguarding the Federal Treaty Rights of Sovereign Affected Indian Nations. Tne Yakima IndianNation has the Sacred Ihty to protect the Treaty of 1855 on both Ceded and Reserved Lands,and to safeguard the Health, Safety and Culture of the Yakimas, h) \\l thqw )); b)altno, j2 ; 4 64d 8307080342 830630 PDR PR 50 48FR16014 PDR f,g,
Page Two June 30, 1983 2.
The proposed rules fail to require dealing with each licensing issue on a case by case basis.
The Sovereign Rights of the Yakira Indian Nation cannot be properly protected by generalized ruleraking which may be sufficient protection for those who are not Native Americans.
3.
Public or Private Corporations do not behave as though they are directly and specifically bound by the terms of the Lkima Indian Nation Treaty.
Therefore, federal rules must be based upon recognition of the Treaty Rights of the Yakima Indian Nati'on.
4.
The proposed rules, particularly in the PRA methodology and radioactive source term inform-ation for severe accidents, fail to take into consideration the fact that the Yakitra Indian Nation cannot be evacuated frcrn its Sacred lands.
It is apparent from the present state of the proposed rules that the NRC is not informed on the Sovereign Rights of the Affected Yakira Indian Nation. The Yakura Indian Nation believes it will be both necessary and efficacious for the NRC to consult with the Yakina Indian Nation as it addresses the Yakitra Indian Nation ccr:ments outlined above. The Yakima Indian Nation is ready to participate in such discussions. Please include this letter together with the attached correspondence into the record for the above proposed rules.
In the same spirit, the Yakira Indian Nation suggests that the IRC invite the Yakima Indian Nation to play a formal role in the proposed 2 Year Evaluation Period, so that discussions may continue dunng the time of testing by experienca.
Sincerely, J
Russell Jim, cilman Yakuna Indian Nation ER:w Enclosures
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a CONFEDER ATED TRIBE,S AtJD 3 ANDS.
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cc,NT E!. :LL. L ?.E 3.19;5 PCST CUiCE BCA 151 TCFPEMSM. WASH 2NC.TO*f 99948 Janu'ary 8, 1982 Nunaio J.
Palladino, Chairman Nuclear Regulatory Commission Washington, D. C.
20555
Subject:
Proposed Rulemaking on Storage and Disposal of Nuclear '.f aste, PR - 50 and 51 (Waste Confidence Rulemaking.)
Dear.Mr.
Palladino:
The Tribal Council of the Yakimas regrets that it was not possible for the Yakima Indian Nation to be invited to be present at the oral hearing on January ll, 19S2.
In spite of this failure we have hope that a beginning has been made toward a new relationship between Indian People and the NEC, in which the case of the Yakimas is but a present example.
This letter is designed to further this process of communication.
P1 case understand that this letter is addressed to each of the five Commissioners because the central issue involves fundamental policy:
That the NRC on the problems of nuclear waste storace or discosal has,not properly accultted itself of its responsibility toward Indians on their Reservations near present or notential sites for nuclear storace or cisposal.
First let it be understood that:
i 1.
The Yakima Indian Nation is dadicated to the safett l
health, security, and protection of the Yakimas.
The Treaty of IS55 l
between the Yakimas and the Federal Government of the United States is a vital instrument in carrying out this responsibility.
2.
The Yakima Indian Nation is neither f or nor against nuclear.
In pursuit of #1 above, the Yakimas are for safety in l
nuclear con tamination matters for the Yakimas, and tnerefore also j
for their non-Innian n o i rz h b o r s.
3.
The Yakima Indinn Nation has a nar';icular and unusual stake in nuclear waste safety at I!anford because:
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a.
The Yakima Indian Nation in the Treaty of-1855 ceded 9/10 of its Lands to the Federal Government, an area now 255 of the total area of the state of
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Washington, in return for Totally Reserved Lands and other Rights',' and Retained Righ'ts'within the
.," b.
Ceded Lands.
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Nunaio J.
Palladino, Chairman Page Two January 8, 19S2 b.
The Reservation of the Yakimas which lies only 13 miles from Hanford, is by far the largest single land holding in the Hanford area, in fact, 1 1/2 times the area of the state of Rhode Island.
c.
Hanford lies within the area of Yakima Indian Nation Ceded Land.
d.
For the Yakima Indian Nation the concept of evacuation because of nuclear is meaningless.
There can be no substitute for our Sacred Homeland.
4.
The Yakima Treatv preceded the foundinc of Washincton State by many years, and tne creation or the state has no bearing on tne terms of the Treaty between the Yakimas and the Federal Government other than the 8' Enabling Act" in the Washington State Constitu tion which disallows state jurisdiction over Indians.
Wasnington State has never, and cannot now, represent the Yakima Indian Nation.
The policies of the NRC have failed, to date, to take cognizance of this fact.
5.
The Yakima Indian Nation believes that Acencies of the Federal Government, of which the NRC is one. have the oblication to uunold the inws of the United States.
The Yakima Indian Nation Trcary Cignts have oeen upnela in the Courts of the United States as part of the Law of the Land.
7 6.
Concerning the issue of storing or disposing of nuclear wastes at the Hanford Reservation, the Yakima Indian Nation l
asks that.the NRC. find no confidence that Hanford can be safely useo as a nuclear waste repository because:
a.
There is a lack of understanding cf Yakima Indian Nation Rights.
I b.
There is present conflicting and inconclusive scientific art;ume n t regarding the r;eolo gic media and tecnnology for Hanf ord.
c.
There is strong managerial and scientific evidence that there is present contamination at Hanford which is not yet under control.
d.
There is a need to prevent f urther contamination to Yakima Indian Nation Lands and to the Columbia River over which we hold Treaty Rights.
e..
From the fact that.Hanford is presently contamin-ated, it does not necessarily follow that a " land use policy" of adding to that contamination is sound.
~
Nunaio J.
palladino, Chairman Page Three January 8, 1932 7.
The Yakimas concider that the NRC practice of limitinc announcements to entries in the Federat Re'zister of NRC procecures son nuclear waste issues in an area involving the vital interests of the Yakima Indian Nation is not only inadequate but reveals a lack of understanding on the part of the NRC of the Guaranteed Rights of the Yakima Indian Nation.
This is particularly true when the NRC not only had no evidence that the Yakimas were already alertec, but also had no policy or practice of addressing'those Rights peculiar to Treaty Tribes.
The Yakimas are accustomed to spending their limited resources and time on other areas, such as the ever-present need to protect their Fish or their n'ater Rights.
The Yakimas believe that it is encumbant upon the NRC to assure that the Yakimas are not misjudged in the protection of their own Rights by errors of omission on the part of the NRC.
8.
The Yakima Indian Nation has both the right and obligation to be an integral part of the discussions and planning concerning the use of the Hanford Reservation land when subjects such as nuclear waste disposal are at issue.
It is cart of the resnonsibility of the NRC to see to it that the Yakimas are invited ana neined to take cart in such discussions.
The Yahimas are aware that early in the history of nuclear the extent of danger from radiation was seriously underestimated.
We know of failures to properly protect citizens from nuclear radiation.
In recent years with nuclear danger better understood and the staggering problem of nuclear waste disposal apparent, areas far from urban centers have been looked to as the place to store and dispose of nuclear wastes.
These are among the areas where Indians hold Treaty Rights from the Federal Government. These are among the areas where beliefs other than the Judeo-Christian hold sway among the People, beliefs that the NRC must equally consider and protect.
The Yakima Indian Nation asks each Commissioner of the NRC to:
- 1.. Examine the policies of the NRC which have ignored Yakima Indian Nation Rights and alter those policies by, 2.
Inviting the Yahimit Indian Nation to join with the NRC in proceedings c,overing the future of Hanford, and 3.
Do so before making any binding decisions now concerning Hanford and nuclear waste storage or disposal.
s v
Nunaio J.
Palladino, Chairman Page Four January 3, 19S2 As was stated in our opening paragraph, the Tribal Council of the Yakimas has written this letter with the intent of developing productive communications "zith the NRC.
As in all such efforts a constant ingredient must be goodwill.
It is important for the Commission not to misread our efforts to maintain goodwill.
The Com?.ission should understand that unless the Commission takes n m.ediate, aggres.sive steps in response to the reasonable approach of this document, the Yakima Indian Nation will seek other means to prevent any continuation of the past abuses of the Rights and respect owed to a Sovereign Nation.
Please include this letter as part of our statement submitted for the Nuclear Waste Confidence Procedure Records (Parts 50 and 51 Waste Confidence Rulemaking) dated January 6, 1952, and address your response to.\\!r. Russell Jim, Trib al Councilman at the above address (telephone (509) S65-5121).
Sincerely, 0 m I
Johnson.ileninick, Chairman Yakima Tribal Council 4
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Russell Jim, Cour.cilman l
Yakima Tribal Council l
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CONFEDERATED TRIBES AND.EANDS -
CCNEP AL COU::C:L ES ADL:3HED 3Y THE TREATY CF JUNE 9. If"5 l/,([jj;f,[jfj((,7/f[,l/[fjf TR!B AL CCUNCIL CENTE!N!AL.*L*NC 9.1955
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POST CFFICE SCX 111 TCPPENi$% WASHINGTCN 98948 January 6, 1982 Mr. Samuel Chilk, Secretary Nuclear Regulatory Commission Washington, D.C.
20555 Attention:
Marshall Miller
Dear Mr. Chilk and Commissioners:
Subject:
Proposed Rulemaking on Storage and Disposal of Nuclear Waste, 10 CFR Parts 50 and 51 (Waste Confidence Rulemaking).
The Yakima Indian Nation requests that the Commissioners accept and consider as part of the Nuclear Waste Confidence Procedure Records the following words and ideas from the hearts of our People.
Please be advised that this Tribe was not conquered by war.
In the Treaty of 1855 we agreed to cede to the Federal Government but did not give up all our Rights to more than 1/4 of the present state of Washington.
Our Totally Reserved Lands (13 times the size of the state of Rhode Island) lie just 13 miles from Hanford and Hanford itself is on our Ceded Lands.
Our paramount concern is for the health and safety of the future generations of our People and'those who live amongst us.
There is apparent debate among experts on the safety of the geologic site at Hanford.
We believe that the Commissioners should appreciate that the value system of the Yakima Indian Nation expresses a unique relationship with Nature:
1.
The Religion of the Yakima Indian People is inex-tricably bounc up in our Food Rignts and our Mineral Rights.
The salmon and the waters af the rivers and streams are.both vital parts of cur constitutionally protected right to practice our religion.
2.
United States Legal Precedent includes reference to Nulsance Law which declares that a neighbor does not have the right to pollute or violate the area beyond his own borders with noxious and poisonous elements which do violence to the use and enjoyment by neighbors of their own lands.
This is particul'arly true where the poll land
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holder in the area.yter is the more re, cent I
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!r. Samuel Chilk, Secretary Page Two January 6,
1982 3.
Environmental Imnact Studies (which include Environ-mental Impact Statements, Safety Evaluation Reports, Socio. economic Impact Studies, and others) to date frca both '~pI2blic ~and private organlaat:cns witnin the Columbia River Basin area have consistently failed to look beyond the Judeo-Christian socio-economic heritage when investigating potential nuisances to neighbors from a given uncertaki.ng.
The result has been repeated Nuisance Trespass on the Sovereign Rights of the Yakima Indian Nation guaranteed by the Treaty of 1855.
Our Tribe possesses special kncwledge and concerns that we believe are a valuable resource which the Commission should not overlock.
We renuest tnerefore that the Commission grant us enou'h time to assure that your procosed rules are comprehensive g
enough to caver our concerns and values.
Sincerely
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Jo h n s o n.'.le n i n i cx, Chairman Yakima Tribal Council
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Russell Jim, Councilman Yakima Indian Nation l
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CONFEDERATED TRIBES AND SANDS.
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Dear Gary:
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Nuclear Waste Regulation Bill =igh; be belped by scoe back-ground inf o =ation and documentation on Ibe 7=d.eral' Indian
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What follows includes scae legal redrrences
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The Panal Bull of 1565 Subli=a Deas r,dich deal
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Th at Indigeous Indian People reta ned an Inheren:
Sovereignty over their Lands and tha: the European Powers were thereiore obliged to negotiate with, l
them over issues of sovereignty.
2.
The Constitutional Corvention by its first ac:
i confirmed that Incagenous People had Eights to persons and property.
3.
The Constitutional Ground:
1.
"he Federal / State Dual Sovereitn:7 with each ao"v e4 _' ; 4e s u p - a.~.
ru.. '.1 ce ee o '.*. e a.
-3 generally well understood.
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is not' so wice,y' understood.
or a goom, descriptaon of this Reserved Inheren: Indian Soverei; ::y Chief.
l Justice ".arshall's decision in Worcester v.
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The Ec Orable Gary Ear:
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- c :be Indian Reserved Rights of control over their destiny and their Landt.
Also see yederal Indian LarSepartment cif Izterior, (175 W ~ ~ ~
Cnapter Il and VI, and M. Price, Law and the American Indian, Robbs-Merril, (1973) Chanter I.
Tne Reference Section, Library of Congress is be k e.y resource center.
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. Lards Ceded and Reserved bv
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- 1. ' The Treaties:
Under the Tri-Sovereignty System r
of Government (A, 2.above) Indian "ations and Tribes established centrol over their own People r-1 and occupied Lands.
By Treaty or other agreemen:
with the Tederal Governmen: Indian Nz:icns and Tribes ceded some of the lands they occupied to :be United'.4:e. e3 and agreed to beccme dependent Nations under 2nternational Law.
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2.
Ceded and Rese_rged: Jus-' as any grantor =ty reserve cer:Ein rignts in the lancs granted and reserve the total contro. over use of cer:cin lands not
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so did t.oe anulans grant or cede certain
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lands to the United States reserving certain Rict:s in these Ceded, areas and reserve total use and occupancy i:: the Lands act. granted or Ceded.
These Lands no
.cedec are commonly called Indian Reser-va: ions.
7he Reserved Eights of Use in areas Ceced Y
are just as r2al.
The Rights that Indian Tribes I
have in regards to both areas exis: not by gran:
from the United States but by the fact t hat they rere Reserved bv this Sovereign Power.
See United States v.
Winans, 198.-US 371 (1905).
D '.
Reserved Richts:
1.
The Rich: to Control Their Internal Aff airs was reservec by incian Trines.
By acnnowiecging dependency on the United States, Indians sub-mitted their power to make war, enter inte Inter-national agreemen an'd to control Inter-Trabal foreign commerce.
2.
Indian Natural Resources: JIndians agreed;to place some of Ibe:r natural resources in a trust rel2 tion-ship with the United, States.
The other,.ltherent Sovereign Powers were' retained.
See Unithd States v'.
Wheeler, 435 US 313 (1978).
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The Ecnorable Gary Hart l
February 19, 19SO l
Page Three J
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Areas c'f Justifiable Indian Concern:
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1.
The Issues of Use:
Any use ennecrns.us that may- _ _ _
-- intertere.n:n Ice exclucive Right or Use Righ: "e in either our totally Reserved Lands or Lands in 4
i which we have Reserved Rights.
These Richts are Senarate and Anar frem any ridhis of control or~
interes: a Szare mai bave in tre same area.
Please see:
Unitec States v.
Abtanum.
Irrication District 236 F2c 321, Cerz. cenaec 342 US 9es; 330 F2c 597, 23S 72d-307, Cer: denied 381 US 924.
United States v.
Washintron, 47 LW 4978 (1979).
2.
The Issue of Bo:b Ouanti v snd Quali v in Rese ved Ricnts:
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Certainiv nuclear conta=inatic: is the greates:
threa: to cual :v in our Reserved Rights.
These Rights concerning water and its products are set out in United States v.
Adair No 75-914 (U. S.D. C.
Oregon) opinion Cited Septemoer 27, 1979.
United i
States v. Anderson Nc. 3643 (U.S.D.C. Eastern District, Wasnington) opinion dated July 23, 1979.
a We trust that the above su :ary will help in your presen-tationuto others of points =ade in our letter of February 4, 1980 concerning any Nuclear Waste Disposal Legislation.
Let me close with these broad convictions which gave rise to those points.
1.
Indian Sovereign Authority must be brought into Nuclear Waste Disposal Planning at Ibe very beginning so that the various ri,ghts and prerogatives involved can be' negotiated in the light of established Tri-Sovereignty Government.
2.
Indian Right to Non-Concurrence cust be separate and apart fro: any State.
3.
Congress must be the sole mediator of dispute:
4.
Congressional stipulations as to conditions vehich control the inclusion of Indian Sovereign Authorities n:ust be sufficiently specific that adminstratorc of the Law will exercis'e'uo undue influence.
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Nation v, ants to be of every assistance in your fine efforts on behalf of all A erican citizens.
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TR*BAL COUNCIL CENTENNIAL JUNE 0.19%
POST OFFICE Box 151 TOPPENISH, WASHINGTON 98948 August 30, 1982 Mr.
G.
C.
Sorenson Manager
- ~
Licensing Program Washington Publie Power
'_,_.. -~._
Supply System P.O. Box 968 3000 Geor'ge Washington'Way Richland, WA 99352 Dear.'Jr.
Sorenson:
The Yak'ima Indian Nation wishes you to be aware of the following:, _.,..
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As previous correspondence shows and details:
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a.
The Yakima_ Indian Nation was ignored in all of the licensing proceedings and rules under the NRC for WPPSS:II nuclear power plant.
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b.
The Yakima Indian Nation letter of September 22, 1981, to Dr. Rajender Auluck of the NRC complied j
with NRC rules for participation in the draft EIS for WPPSS II..
a
.i Weeks after the 2indl EIS went for publication, c.
a fact of which we were not and could not be aware, you made yourself ave.ilable for a meeting.
Whenthemeetinhw[isheldbetweenyourstaffand d.
our staffpersons below Tribal Council level, we learned for the first time, that the final Environmental Statement was already published--
so that the meeting became meaningless.
e.
After the meeting NRC staf2 and WPPSS staff distorted the content of that meeting so as to strengthen the contention that NRC and WPPSS had in fact lived up to NRC rules--a contention the Yakima Indian Nation roundly denies.
e
Mr.
G.
C.
Sorenson Page Two August 30, 1982 2.)
Your letter of July 13, 1982, to which this letter is a response, states that the Yakima Indian Nation
" Commented" on the WPPSS II EIS.
This misrepresen-tation of'the truth is a continuation of the pattern of events to date summarized in number 1 above.
For the Yakima Indian Nation to address the significant adverse impacts of WPPSS I, the NRC an; WPPSS must first go back and truthfully address' the still unresolved issues regarding WPPSS II and the Yakima Indian Nation.
This letter or any part of it is not to be used by you as a " Comment" in your WPPSS I EIS.
Sincerely, j' &cs&
Russell Jim, Councilman Yakima Indian Nation cc:
Nuncio Palladino Richard Black
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POST OmCE EOx 151 TOPPEMSM, WASHINGTON 98948 September 22, 1981 Dr. Rajender Auluck Director, Divison of Licensing Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.
20555
Dear Dr. Auluck:
The Tribal Council of the Yakima Indian Nation asks that, before your office approves the WPPSS Environmental Imonet Statement, WPPSS be required to consult concerning the content of that statement with the Yakima Indian Nation.
We base this request upon the following facts:
4 1.
The Yakima Tribal Reservation, one and one-l half t**esthe size of the State of Rhode Island, has a burder only 13 miles from the Hanford Reservation, the site of the WPPSS plant.
2.
The Yakimas are a Sovereign Nation with a Treaty I
with the Federal Government which guarantees to j
the Yakimas forever, particular securities, rights, and privileges in return for vast lands ceded to the Federal Government in 1855.
3.
The Treaty also gives the Yakimas certain rights and privileges over Ceded Lands, part of which i
lie within the Hanford Reservation.
I 4.
The religious and cultural beliefs and practices of the Yakimas, protected by the Treaty and Supreme Court decision, express a sacred, unique relationship with Nature and the Environment.
5.
In spite of all the foregoing, none of the elected 7
~
representatives of the Yakima People 'were ever consulted by the authors of the WPPSS Environmental Impact Statement.
6.
A careful reading of the WPPSS Environmental Impact Statement reveals that:
a.
The only reference to Indian people in the
{ph-document is a vague reference to "Wanapuus",
f unidentified and"as a general term of'only jk/f,
historic interest, and even then in an 0 9 3 '/ --
insensitiv'e way.
_w_
r.
Dr. Rajender.Auluck Pa;;e Two September 22, 1981 b.
The document ignores the existence of the Yakima Indian Nation, its vaste adjacent Tribal Treaty Lands, and its particular concerns for the protection of its guranteed rights and privileges.
c.
The document in its brief reference in the text to " Indians" is behind the times, and reveals no sensitivity to. Indian Civil and Iluman Rights which today have become a matter of course in legislation and court decisions.
The Tribal Council asks, in addition, that your office consult with us before setting a time and place to begin discussions between the Yakima Indian Nation and the NRC licensing agent and the representatives of WPPSS.
Please contact Mr. Russell Jim, Tribal Councilman, at (509) 865-5121.
Thank you for your consideration Sincerely,
(?
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/)'/ Jolinson Meninick, Chairman p/
c Yakima Tribal Council Concur:
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Leonard Tomaskin, Chairman Yakima General Council g
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