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Hells Canyon Journal
Halfway, Oregon
August 4, 2010     Hells Canyon Journal
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August 4, 2010

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Page 8 Hells Canyon Journal August 4, 2010 by Linda Bergeron Indians and the Lewis and Clark Expedition Is Subject ofL x :hor's Talk who is interested in Indian of the Hells Canyon Journal By the fortune of circum- stance and connection, au- thor and law professor, Rob- ert J. Miller, will be discuss- ing a locally-pertinent aspect of American history in Half- way on Saturday, August 14, at 4:00 p.m. at the library. This presentation is free to the public. His first book, Native America, Discovered and Con- quered: Thomas Jefferson, Lewis and Clark, and Mani- fest Destiny (University of Nebraska, 2006) is the prin- cipal topic of his hour-plus talk. Miller is an Associate Pro- fessor of Law at Lewis and Clark Law School in Port- land. He is the Chief Justice of the Court of Appeals for the Grand Ronde Tribe, and a citizen of the Eastern Shawnee Tribe of Oklahoma. He has taught and practiced American Indian law since 1993. This book came out of Miller's three-year involve- ment with the anniversary of the Lewis and Clark Expedi- tion as the representative of the Eastern Shawnee Tribe and as an advisor to the Na- tional Council of the Lewis and Clark Bicentennial. In a congenial and engag- ing presenting style, Miller analyzes the Doctrine of Discovery and shows how Thomas Jefferson and the Lewis and Clark Expedition, which Jefferson authorized, used that international legal doctrine to create Manifest Destiny - the idea that the ROBERT J. MILLER United States would sweep across North America. Miller proves three new ideas that have not been fully addressed elsewhere: 1. The English colonies, American states and the fed- eral government adopted the international law Doctrine of Discovery and applied it to the Indian Nations from 1606 to 2008. 2. Thomas Jefferson and Lewis and Clark used the Doctrine to exercise govern- mental and commercial au- thority in the Louisiana Ter- ritory and to claim the Pacific Northwest. 3. Manifest Destiny arose from the legal elements and policies of the Doctrine of Dis- covery. As a result, the eth- nocentric principles of Dis- covery were adopted into American law and expansion. When Miller's book was published it was well re- ceived, and the text is now used in colleges. Professor Gerald Torres (University of Texas Law School), wrote, "Everyone Several New Herbicides Law and the West will have to read this book." The radio network Native America Calling featured it as its book of the month in December 2006, and Kira Gale, the author of Lewis and Clark Road Trips, cited it as "one of the most important books to come out of the [Lewis and Clark] bicenten- nial observances." Elizabeth Furse, (a former Oregon congresswoman and the former director of the In- stitute for Tribal Govern- ment, Hatfield School, at Portland State University), in her foreword to Miller's book, spoke of her experiences in the week-long training that freshmen congresspersons undergo at the Kennedy School of Government at Harvard University. "[Miller] was able to do a one-day class on Federal In- dian Law which covers 14 weeks of law school and, most amazingly, keeps the audi- ence awake, eager and beg: King for more." She spoke of the book as "so important and so relevant to all Americans who care about the truth and want their history to be accurate and unbiased." Academic commentary also referenced the value of Native America: Discovered and Conquered. Professor Carole Goldberg (UCLA Law School) wrote: "Miller's book offers fascinating new in- sights into Jefferson's Indian policy, the significance of the Lewis and Clark expedition, and the origins of Manifest Destiny ideologyin 19th-cen- Approved for Use on BLM Lands The Bureau of Land Man- agement Oregon State Office has released the Final Envi- ronmental Impact Statement (FEIS) for the Vegetation Treatments Using Herbicides on BLM lands in Oregon. The new action expands herbicide use beyond nox- ious weed treatments to in- clude the treatment of all invasive plants, control of pests and diseases, and the control of native vegetation in rights-of-way, adminis- trative and recreation sites, and the treatment of veg- etation to achieve specific habitat goals. The selected alternative 4 in the FEIS adds nine of the nationally-approved herbi- cides for use west of the Cas- cades and twelve herbicides east of the Cascades to the four approved herbicides al- ready in use. BLM states that despite the manual, mechanical, bio- logical and herbicidal meth- ods being used, noxious weeds are still spreading on BLM lands in Oregon at a rate of 144,000 acres per year. Nox- ious and invasive weeds dis- place native plants, reduce habitat and forage for wild- life and livestock, increase soil erosion and decrease pro- ductivity, reduce water qual- ity and land values and in- crease the intensity and fre- quency of fires, making con- trol a top priority on BLM lands. Although the BLM has an aggressive control program that treats about 50,000 weed-infested acres per year, the herbicide component of the program has been lim- ited to the use of the same four herbicides for 23 years. The BLM states the follow- ing as benefits to adding the newer herbicides to the pro- gram: Most of the newer her- bicides selected for use are less toxic to fish, wildlife and humans than the four cur- rently available for use. The four herbicides cur- rently available will not kill all the state-listed noxious weeds. In particular, Oregon has no herbicide that will se- lectively kill the invasive an- nual grasses like cheatgrass or medusahead that have in- vaded a significant portion of L the sagebrush ecosystem throughout the west. These grasses are also causing ex- treme fire hazards around communities like Medford and Burns. Alternative 4 from the EIS will provide the tool to kill these grasses. The four herbicides cur- rently in use are older and are applied in pounds per acre. Newer herbicides made available are more target- specific, better able to focus on the unwanted plant and less on native vegetation and many are applied in ounces per acre. The selected alterna- tives are expected to increase herbicide treatment acres from 12,000 to about 45,200 acres. While this is an in- crease, the pounds of herbi- cide applied per acre will be reduced from 1.01 to .72 pounds per acre. Applying Standard Op crating Procedures and Miti- gation Measures from the EIS, none of the expected herbicide use would pose a significant risk to humans or the environment. The selected alternative should slow the noxious weed spread rate by half and pre- vent 2.2 million acres from becoming infested in 15 years. Go to or/plans/vegtreatmentseis/ for more information and a copy of the FEIS. EVERYTHING WE DO, WE DO FOR YOU (and the lil' cowpokes too.) FREE a00OWarosn  W CALL TOLL-FREE AT: i 1-888-575-0264 '- 4 LEARN MORE AT: t MONTHLY QUALIFICATIONS FOR REWARDS: Make 12 debit card purchases, receive monthly eStatements, and have one direct deposit, one ACH auto debit, or one bill pay. "al hn  ( accorate its of 1510.   lie is follow: 3,0t% APY a to s of 01 - 5, and 1.01% sment c. 0,05%  s to all bancez  1 ate not met, All balances 11 earn 3.01% Y to 1.01% APY as long as lica ate met, Rates may chage after t at s oto. Fees may rluce earnings, No minimum balance requital No monthly service charge. Alable   ta are met. Iten! . ,. i t tury America. Miller forces readers to confront the raw assertion of colonial power embodied in the Doctrine of Discovery, and its consistent deployment by the United States in the guise of law." Professor Rennard Strick- land (Oregon Law School) stated, "[T]his is revisionist history in the very best sense of that tradition. Miller reviews historic documents and ot-told stories in a new and original light. This important study gives Native Americans and their role in United States his- tory a richer and deeper mean- ing through Miller's thought- ful interpretation of the Doc- trine of Discovery in the con- text of its historical, law-re- lated, political principles." Professor Skibine (Utah Law School) has suggested that Miller's book "represents the most comprehensive and thoughtful analysis of the American version of the Doc- trine of Discovery to date, its role in the voyages of Lewis and Clark, and its continuing importance in the field of fed- eral Indian Law today." H. William Batt, Ph.D, has called this a five-star and important book, noting, "It is well written, well organized, and well documented." He has published numer- ous writings on Indian law is- sues and has spoken at fed- eral, state, and pri- vate conferences in more than 30 states and several coun- tries. He has finished the first draft of a book on American Indian economic development, and recently finished another book on Discovery with in- digenous scholars from Australia, New Zealand, and Canada. Miller carried a full travel schedule in 2010, attending conferences and presenting lec- tures in Australia, Kansas, Oregon, Nevada, California, Idaho, Philadelphia and Arizona. Robert Miller's blog can be seen at http://lawlib.lclark. edu/blog/native_america. As with all authors who speak publicly, he will likely have copies of his books for sale. i: Judge Orders Forest . ervice To Look I at Side Effects of Fire Retardant ,, Federal judge, Donald Malloy, of Montana has or- dered the U.S. Forest Service to take a closer look at the impact of aerial fire retar- dants on fish and wildlife habitats after a lawsuit was filed by Forest Service Em- ployees for Environmental Ethics, a Eugene-based non- profit group. The Forest Service has currently determined that the ammonium-based retardants have only "insignificant en- vironmental effects." This is in direct contrast with other government studies that show fire retardant is toxic to fish and other aquatic organ- isms, threatens endangered plants and species and pro- motes the spread of flam- mable invasive weeds. Con- sequently, Malloy found the Forest Service's assessment inadequate and has ordered the agency to prepare a more rigorous Environmental Im- pact Statement. If it fails to comply by December 31, 2011, the For- est Service could be found guilty of violating the Na- tional Environmental Policy Act, the Endangered Spe- cies Act and other federal laws. The use of fire retar- dants before that deadline is not prohibited, and the Forest Service says retar- dant airdrops will continue under current guidelines that protect fish and wild- life habitat. Retardant air- drops are not allowed within 300 feet of waterways un- less people, property, infra- structure or critical natural resources are in danger. The agency plans to "fully comply," but has not said what steps it will take next or whether it will appeal the decision. For now, the Forest Service plans on continuing to use retardant as a useful fire suppression tool to pro- tect national forests, wild- lands and communities. 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