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A RESOLUTION AUTHORIZING THE NATIVE VILLAGE OF KIVALINA’S INCLUSION IN A PETITION TO THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO ISSUE AN EMERGENCY ORDER PURSUANT TO A.S. 46.03.865(a).
WHEREAS, the Native Village of Kivalina is a federally recognized tribe established pursuant to the provisions of the Indian Reorganization Act of 1934 and amended in 1936; and
WHEREAS, the Kivalina IRA Council is the governing body for the Native Village of Kivalina; and
WHEREAS, the Native Village of Kivalina IRA Council recognizes the inherent sovereignty and responsibility of our people to protect and preserve the quality of the environment for the continuation of the culture and traditions of our tribal members, and
WHEREAS, from the beginning of the Red Dog Mining operations, there have been serious contamination issues such as run-off from waste rock stock piles that resulted in fish kills, seepages from tailings into the environment, exceedances with data that have been omitted from reports (DMRs), tailings lake without fencing to protect the wildlife from entering the lake filled with festering contaminated mining waste, truck spills that continue to increase, heavy metals that continue to pollute the environment that supports the subsistence resources that the people continue to live on at levels that can be detrimental to the health of the people, numerous air violations, pump freeze-ups of pumps that prevent seepages, TOTAL DISSOLVED SOLIDS exceedances that go far beyond acceptable limits, and
WHEREAS, the mine has been in operation for twelve (12) years and is the richest zinc mine in the world and should now enjoy immaculate management practices but continues to operate with problems that continue to surface one after another, and
WHEREAS, the contamination along the Red Dog Haul road is an indication that the trucking company is unqualified to haul processed ore in that anyone, even the most untrained citizen in the shipping business, would know that lead and zinc dust will blow if not adequately secured in a container providing proof that the trucking company and Cominco are grossly negligent in their operations or are unqualified to operate a mine, and
WHEREAS, even a housewife knows that with a sweep, dust will fly and a citizen living in the arctic KNOWS that things such as pumps will freeze in severe arctic weather conditions providing further proof that NANA as a partner and Cominco-Alaska Ltd. as a mining company are grossly negligent and poses a health risk to the people of Kivalina, now
THEREFORE BE IT RESOLVED, that the Kivalina IRA Council authorizes that it be included in the PETITION TO THE ALASKA DEPARTMENT OF ENIRONMENTAL CONSERVATION TO ISSUE AN EMERGENCY ORDER PURSUANT TO A.S. 46.03.865(a).
BE IT FURTHER RESOLVED, that the Kivalina IRA Council begin discussions of a compliance audit of the mine with experts in that field for contract purposes and authorize expenditures to that end.
BE IT FURTHERMORE RESOLVED, that the Kivalina IRA Council call on the NANA Regional Corporation, Cominco-Alaska, Ltd., the Northwest Arctic Borough, and Maniilaq Association to make good on their commitment to protect the subsistence resources, cultures and traditions of the people by acting on those commitments and start protecting without waiting till damage has been done already by complying with the request of the Kivalina IRA Council.
C E R T I F I C A T I O N
Passed and approved by the Kivalina IRA Council on this 22nd day of June, year of our Lord two thousand and one by:
President Jerry R. Norton, Sr., President Mida Swan, Secretary/Treasurer
___________________________________ _________Polled _________________
Nelda Swan, Member Oscar Swan, Member
Date: June 22, 2001