And now:Ish <[EMAIL PROTECTED]> writes:

Akwesasne  Environments, 1999
http://nativeamericas.aip.cornell.edu/spr99features/martinspr99.html

 Relicensing a Seaway After a Legacy of
             Destruction
            Kallen M. Martin

In the year 2003, the New York Power Authority's 50-year license
to operate the St. Lawrence-FDR Power Project along the St. Lawrence River
will expire. The
project includes a power dam and generating station, and facilities that
control water levels and
divert water. The project also traverses the ancestral waterways of the
Mohawks of
Akwesasne. Of interest to the Mohawks are the issues of liability and
damage restoration to its
properties since the construction of the dam and the St. Lawrence Seaway in
1953, issues which
NYPA has not had to address until now.

"Since the mid-50's, NYPA has never had to deal with us. All of a sudden it
has to," said Mary
Fadden Arquette, DVM, PhD, of the St. Regis Mohawk Tribe's Environmental
Division. Based
on changes to federal regulations, tribes are considered the equal to
states in setting
environmental standards. Power authorities are now required to consult with
communities that lay
within their operational area in the relicensing application process. As a
result, the Tribe is one
of many stakeholders in the current process.

As positive as this is, the relationship between governments has to be
reinforced. "It took a long
time for NYPA to understand we're not just another local group," said Mary
Arquette. The
Tribe, operating from the basis of the Two-Row Wampum, wherein two
governments work side
by side on a nation-to-nation basis without interfering with the other, has
seen some setbacks.
"They're still not sold on the process, even though we've described the
parallel process and provided
cultural sensitivity training to them," added Mary Arquette.

Most, if not all, of the local communities in NYPA's operations area are
committed to keeping
utility rates low. Consequently, their support of NYPA's relicensing
application is almost a given.
In some cases, that support is contingent on improvements made to
waterfronts and
recreational areas, or on financial commitments to economic development
projects by NYPA as
compensation for damage when water levels are raised or lowered.

"All the communities upriver have benefited from the hydroelectric
project," said Jim Ransom,
executive director of the Haudenosaunee Environmental Task Force and former
director of
the Tribe's environmental division, "but we've born the brunt of the
damage." During the
mid-1950's development of the St. Lawrence Seaway and the Robert Moses
Power Dam,
which NYPA operates, the longstanding fishing industry at Akwesasne was
dramatically altered.
As fish and other aquacultures changed, so did fishing at Akwesasne. With
the cheap hydropower
came the insurgence of new corporate neighbors like Alcoa, Reynolds Metals
and General Motors
(GM), and the dumping of toxic-laden waste into the river, devastating a
once thriving economy and
healthy environment.

Reynolds Metals recently settled out of court a decades-long case
documenting fluoride damage
to community livestock. The $10 million settlement compensated the farmers,
many of
whom were driven out of business by the contamination. General Motors
recently spent
$500 million cleaning up the site where they dumped tons of waste
containing PCBs
(polychlorinated biphenyls, toxic compounds formed by industrial processes)
into the river. A
nearby lagoon, which borders on Akwesasne territory, referred to locally as
"Contaminant
Cove," has yet to be dredged.

Despite the expenditure of millions of dollars for cleanup, the environment
at Akwesasne remains
unhealthy. Fish from the St. Lawrence river cannot be eaten, wells which
once provided
drinking water to families living near the GM facilities have been replaced
with bottled water,
and asthma cases continue to rise among families that live near the
Reynolds plant. "When the wind
is blowing north, I don't let any of my children outside," said Peggy
Thompson, a wetlands
specialist with the Tribe. Although there is little documentation
supporting a direct connection
between the industrial smoke billowing out of Reynolds' smokestacks and
asthma, Thompson
noted first hand how much worse her children's asthma is when the wind
carries the smoke over
her house.

 What has been documented is  the linkage between PCBs and breastmilk.
Numerous scientific studies undertaken by the First Environment Research
Project, have shown that
nursing mothers exposed to PCBs were more than likely to be passing the
PCBs on to their newborns when they breastfed. The effect of PCBs on human
health is the subject of two current studies at Akwesasne, one on adults
and the other on youth and children. A third study is attempting to
estimate the amount of PCBs residents have been exposed to. PCBs are known
to affect brain waves, sex hormone systems and their development, thyroid
functions and immune
systems. In children, the most severe effect is brain damage. Initiated by
Mohawk midwife,
Katsi Cook, and the Akwesasne Task Force on the Environment, the First
Environment Research
Project is a community based organization, working with the State
University of New York
(SUNY) at Albany with funding from the EPA (Environmental Protection
Agency) Superfund.

The community was first alerted to PCB contamination in the mid-80's when Mary
Arquette, then working as an intern with Ward Stone, a pathologist with the
New York State
Department of Environmental Conservation, tested a snapping turtle found
near "Contaminant
Cove" PCBs. It contained 2000 parts per million (ppm) of PCBs. In
comparison, the EPA standard
for edible fish is 2 ppm. That initial finding led to more testing and
subsequently the breastmilk,
health and human studies in order to document the routes PCBs take in the
food chain and then
the effect on human health.

In addition, GM was placed on the Superfund list by the state. It was fined
$507,000 for 21 counts
of illegally dumping and storing PCB-laden waste onsite and in the river.
In the early 90's, GM
dredged an area of the river adjacent to their outflow pipe and stored the
waste onsite covered
by a plastic tarp. While the men in white protective body suits who were
involved in the
dredging were cautious about their work, the sludge containing various
amounts of PCBs were,
until recently, left open to the elements. The EPA announced in 1997 that
the best course of action
for GM to take regarding the sludge was to have it carted away and stored
by a company licensed to
store toxic chemicals. But, the company's onsite disposal areas still
contain PCB-laden waste,
which reservation environmentalists say is unacceptable.

All of the industrial plants near Akwesasne used PCB-based oil as a fire
retardant until the practice
and substance was banned by the EPA in 1978. In some cases, inadequate
storage of the PCBs on an industrial site found its way into groundwater
systems or leaked into nearby rivers. In other
cases, actual dumping of PCB-laden waste into those waterways took place.

The issues of compliance and regulation have both the EPA and the community
working together. In
most cases, it is the community that struggles to find personnel to monitor
GM and work with
NYPA and bring to light Alcoa's role in polluting the river. The Tribe's
18-member Environmental
Division is charged with monitoring air and water quality, wetlands use,
energy conservation,
hazardous material response, solid waste, regulation of gas stations and
database
development.

The importance of the environment to the community is evident not only in
the number of
staff in the environmental division, but in the host of programs sponsored
by other community-based
environmental organizations, like the First Environment Research Projects.
The concern of
the First Environment project was the womb, considered by its founder to be
a baby's first set
of surroundings, or environment, and impacts upon that environment. The
breastmilk study was
the first of many community studies that looked at the relationship between
PCBs and human health.
The Akwesasne Task Force on the Environment (ATFE) provides a coordinated
approach to
tackling environmental problems and offers additional educational, advocacy
and hands-on
projects. These include the black ash and sweet grass projects, examining
the materials used in
Akwesasne's sweet grass basket-making economy, as well as aquaculture
projects to reintroduce
edible fish.

"The environment here has a different significance than in mainstream
society," said Ken Jock,
director of the Environmental Division, "The people here feel the
environment is their mother
and depend on it to be healthy." All of the programs and services the
division offers have not
only been in response to the needs of the community, but also to maintain
environmental
standards established by the community.

"The respect for the natural world, that's the core of the community and
that's what's being threatened," Ransom said.
Fishing, for example, has a host of Mohawk words and traditions attached to
it. With fishing all
but nonexistent, the use and practice of those words and traditions has
disappeared as well.

"How do you replace the tradition and the language associated with fishing?
It's a living
language, it has to be used in context," said Mary Arquette about the
declining use of the Mohawk
language. Mary Arquette heads up a project that will assess the damage to
the culture of the
Mohawk community inflicted by the nearby industries.

The relationship between the industries and NYPA was to strengthen the
economy of the
region. But, that relationship has permitted "New York State to subsidize
the pollution of the river,"
said Mary Arquette. As part of its relicensing application, NYPA is funding
two grants to the
Mohawk community to document the Mohawks' ties to the river and a cultural
resources plan to
establish a restoration process.

As these developments progress, the First Environment Research Projects is
awaiting results
of its men's study. This investigation looked at the lifestyles and fish
consumption of men married to
or fathers of children whose mothers breastfed. Those mothers and breastfed
children were the
subject of the breastmilk study. Yet another study will be addressing the
grandparents of the children
in the breastmilk study to determine the presence of transgenerational PCB
contamination.

The human health study on youth and children currently underway is
conducted jointly by the
Environmental Health Branch of the Mohawk Council of Akwesasne in Canada,
SUNY Albany,
the Tribe's Health Services (under which the Environmental Division is
housed), and the NYS
Department of Health. The First Environment Research Projects and SUNY
Albany sponsor the
adult study, while SUNY Albany and the ATFE sponsor the third study on the
amount of PCB
exposure. Funding has come from a number of different sources, depending on
the project, but in
the case of the three current studies, funding is typically through the EPA
Superfund. The
environmental organization's association with SUNY Albany was initially
developed to help
secure both funding and scientific reliability in its attempts to document
PCB contamination. While
most of the funding has remained in Albany, recent developments may see
that relationship
change so that the community benefits more than it has in the past.

The past will soon be catching up to Alcoa, a major aluminum producing
plant located a few
miles upriver from Akwesasne near the village of Massena, NY. It has been a
mainstay in the region
since 1908 and has dumped PCB-containing waste into the Grasse River during
that time. The
Grasse River flows into the St. Lawrence River, which in turn flows through
Mohawk territory. "In
1995, Alcoa did a hot-spot study and found levels of PCBs up 11,000 ppm,"
said Dave Arquette, an
environmental specialist with the Tribe. "Those areas have been removed
from the river and
stored in a secured landfill," he added. But a six to eight mile stretch of
the Grasse River still contains contaminated sediment. Eventually, that
stretch of river will require cleanup.

"Alcoa is doing the same thing that General Electric has done on the
Hudson," said Ken Jock.
"It's hired the same consultants. They hope by studying the problem it'll
just go away," Jock
added. Alcoa is Akwesasne's oldest corporate neighbor and has been dumping
since 1908. "It
took them almost 100 years to pollute the river, it may take another 100
years to repair the damage,"
said Jock. The challenge is daunting, but Jock andothers agree on one thing
- the people will not give
up their fight for a healthier environment. "After we're long gone,
there'll be others picking up
where we've left off," he added.

________________________________________________________________

Photo Captions/Credits:
#1--Industies sprawled along the St. Larence
Seaway have contaminated the community of
Akwesasne over the decades. Courtesy of St.
Regis Mohawk Environment Division
#2--A contaminated turtle makes its way onshore.
Courtesy of St. Regis Mohawk Environment
Division
#3--Dredging along the St. Lawrence River has
been one attempt to correct a wrong. Kallen M.
Martin

Reprinted under the fair use http://www4.law.cornell.edu/uscode/17/107.html
doctrine of international copyright law.
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          Tsonkwadiyonrat (We are ONE Spirit)
                     Unenh onhwa' Awayaton
                  http://www.tdi.net/ishgooda/       
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