December 19, 2005
The Destruction of Red Lake Walleye Fishery, Peat Mining in the Big Bog, and
the United States Army Corps of Engineers;
A history of racism, genocide, and environmental destruction.
By: Alan L. Maki
the United States Army Corps of Engineers;
A history of racism, genocide, and environmental destruction.
By: Alan L. Maki
For many hundreds of years Native Americans have harvested walleye, northern pike, whitefish, perch, a variety of suckers, and other fish--- including lake sturgeon--- from the Upper and Lower Red Lakes, which combined, are the largest freshwater bodies of water in Minnesota. The first fish harvests were for their own use; then, with World War I the United States government urged this Ojibway community to begin to harvest the fish commercially to feed the troops. In the late 1920?s and early thirties, the Red Lake commercial fishing venture grew into a large-scale operation with the urging, financial, and technical assistance from the federal government. Then again, as another war came along, World War II, the United States government pushed the Red Lake commercial fishers to step up production to feed the troops fighting the war against Hitler and the fascist menace.
Over the last one-hundred years, or longer, the people of the Red Lake Nation have relied on two primary industries for their livelihoods. In his book, Red Lake Nation: Portraits of Ojibway Life published in 1992, Charles Brill writes, ?Fishing and lumbering are economic activities of importance on the reservation (Brill; p. 20).? Brill continues, ?The money fish of Red Lake is the sweet fish of the lakes, Sis-Kay-Way (walleye pike). Each year more that a half million pounds of pike, perch, and whitefish are taken from the rust colored waters of Lower and Upper Red Lake. Since commercial fishing began as a tribal profit-sharing cooperative, the cycle of setting and pulling nets has provided a summer income for many families. Twenty years ago almost half of the families on the reservation fished commercially. Today, the availability of other income opportunities and a few poor seasons have reduced the number to fewer than a hundred families. Many of the summer ?fish camps? on the west end in the area of the Sandy and the Red Lake rivers are abandoned. The long pointed poles of the net-hanging racks stand barren like winter trees. Today most of the commercial fishing takes place north of Red Lake from Mahquam Bay to Ponemah Point. For many of the families in the Ponemah area, fishing continues to be the main income-producing activity from May till mid-November. The Red Lake Fisheries Association has plans to expand and do its own processing. This cooperative has an annual budget of $500,000. Members of the cooperative share in the profits of the operation (through a Christmas bonus) as well as being paid for the fish they catch. The band receives in royalties a percentage of sales (Brill; pp. 20-21).?
In the preface to his earlier 1974 edition of Red Lake Nation: Portraits of Ojibway Life, Charles Brill wrote, ?I have sat on the bow of a fishboat and discussed weekly fish checks and the December fish bonus because that is what the men talk about. And while pulling nets I?ve been told to count each walleye, and sometimes whitefish, hauled into the boat. Some days the count doesn?t pay for the gas; on a good day the tally may reach four or five hundred and the men will joke and say, Look at that Charlie, look at that. Today we made lots of money. I have read that the per capita income on the Red Lake Reservation is $1474. But I?ve never asked a man at Red Lake how much money he makes (Page14).?
In the 1992 Edition of Red Lake Nation: Portraits of Ojibway Life, Charles Brill was still writing, ?Logging and fishing continue to be the most popular occupations. More than two million pounds of fresh fish are processed by the Red Lake Fisheries Association each year. Walleye accounts for roughly one-half million pounds, making Red Lake the largest producer of walleye in the United States. The year 1991, with $4.4 million in sales, was the best since the association was founded in 1929. The association paid its 578 members a total of $3.75 million, including a 202 percent bonus (each December members receive a percentage of their income) Brill; p. 149).
As the 1992 Edition of Brill?s book was going to publication, the Red Lake Walleye fishery was in the process of collapsing, when finally, all walleye fishing in both Upper and Lower Red Lakes was ordered closed, jointly, by both the Red Lake Department of Natural Resources and the Minnesota Department of Natural Resources; not a walleye has been harvested since. This spring (2006) the walleye fishery will open, again, under strict regulations with catch and slot limits to sport fishing; not commercial fishing.
Red Lakers were blamed for ?over-harvesting? their fishery by the Minnesota DNR, the U.S. Fish and Wildlife Services, and the Bureau of Indian Affairs, along with virtually every ?sportsmen?s? and environmental organization in Minnesota. Ironically, it was the United States government that encouraged and financed the large-scale commercial Red Lake fishery to begin with as is noted in a display at the Big Bog State Park Beach on Upper Red Lake. To the people of the Red Lake Nation, fishing is not only a job, but a major part of a way of life.
Writer/photographer---Brill--- who lived and worked alongside the Red Lake fishers and their families in preparation for writing his book, noted with admiration and in reverence, ?They can move with catlike balance and agility in a tossing metal boat filled with nets and wooden fish boxes. Like the other men who live and work close to the water, they seem to have a deep, almost religious feeling for nature. Although they now cross the lake in aluminum boats pushed by forty-horsepower motors, and their nets are machine woven from synthetic fiber, the activity of setting and pulling a net has not changed for a hundred years. Fishing is still a way of life, a challenge, and in a very quiet manner competitive (Brill; p. 57). Brill goes on to document the importance of commercial fishing to the people of the Red Lake Nation with photographs of fish camps along the lakeshore involving entire families, where even small children pitch in to help out.
All too often it is easy to attach blame without studying problems beyond the obvious, which has been the case with the demise of the Red Lake walleye fishery. The National Environmental Policy Act (NEPA) in its opening provides us with some insight into how we should view such situations. It states, ?The purposes of this Act are: To declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality.?
It did not take an act of the Congress of the United States, signed into law by the President, in order to understand all that has transpired with the Red Lake walleye fishery, although, when it comes to the people of the Red Lake Nation it would appear that the United States Army Corps of Engineers and the Minnesota Department of Natural Resources (MNDNR) still do not refer back to NEPA for direction, as they should. Something had to have been drastically wrong with the way the United States Army Corps of Engineers had been operating for many years that these basic concepts articulated in NEPA would not have been part of their policy and mandate, if not by law, than using plain old common sense and sensitivity toward people and ecosystems in approaching their projects. Perhaps the United States Army Corps of Engineers can be excused for the manner in which they used such a heavy handed approach so as not to consult with the people of the Red Lake Nation after having carefully studied what impact a ?flood control structure? placed at the main outlet of Lower Red Lake would have, not only on the environment and the ecosystems, but on a way of life for the people; what excuse can possibly be given is beyond comprehension. The U.S. Army Corps of Engineers was quick to take action to protect farmers and communities downstream, but demonstrated not one iota of concern for the rights and livelihood of the Native Americans living upstream. It might be of some relevance to note that the farmland and communities downstream were stolen at gunpoint from those living upstream. The United States government called it ?treaty negotiations;? while Dan Needham, the first elected Treasurer of the Red Lake Nation summed up what transpired, thus: ?It was mostly intimidation that cost us that land (Red River Valley) the treaty meeting of 1863 was held out at the Old Crossing by Red River Falls. The government had soldiers there with guns pointing at the Indian encampment, cannons. It scared most of the Indians even the chief? they signed that treaty giving away the Red River Valley lands for about five cents an acre (Red Lake Nation Calendar. Needham. 2005).?
Long before there was NEPA, Native Americans, including the people of the Red Lake Nation, had maintained such policies as articulated in NEPA for hundreds of years ? if not thousands of years, even if, today, the USACE has not. In fact, the real beginning of the end of the Red Lake walleye fishery can be traced to the action of the United States Army Corps of Engineers that decided the way to stop flooding of farmlands and communities downstream from Red Lake was to build a ?flood control structure? (a concrete dam and cement canal) at the main outlet of Lower Red Lake in 1951 (Red Lake River, USACE); because the fishery was relatively stable even while massive commercial harvests were being made to feed troops fighting in two world wars.
Roger Jourdain informed the United States Army Corps of Engineers that this dam was impeding spawning walleye as early as 1956; three years before he was elected Chairman of the Red Lake Nation, and just five years after the ?flood control structure? had been erected. In 1959 Jourdain was elected Chairman, and then continually re-elected for thirty years, until being pushed from office by those supporting casino gambling as the panacea to the poverty and despair that was growing, in part, due to a failing fishery. Jourdain was not only a keen politician, but understood the environment and ecosystems of the area very well, having been born and raised on the reservation. When the advocates of peat mining the Big Bog started their long protracted campaign to destroy this pristine wilderness in the early 1960?s, Jourdain was quick to point out and articulate what was going down. He continually pointed to the ?flood control structure? that was impeding walleyes from entering their primary spawning area, and said that peat mining would be another attack on the sovereignty of the Red Lake Nation, and the ecosystems that supported a way of life. Jourdain insisted the people of the Red Lake Nation had a right to be a part of the decision making process, and he made his voice heard. Not a single politician or government bureaucrat dared to mine the peat of the Big Bog while Jourdain was living. Jourdain declared, time and time again from 1967 until his death in 2002, ?The most important use of the peat lands is as natural filter for the waters which maintain our lakes. Peat provides habitat for our wildlife. Much of our forests grow on peat. The wildlife, timber and fish are our greatest resource? (the) primary source of employment and income for the tribe (The Patterned Peatlands of Minnesota,? Meyer 260).?
NEPA sounds a similar note to that articulated by Jourdain. NEPA, Section 101 [42 USC ? 4331], states: (a) The Congress, recognizing the profound impact of man's activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans.
At a meeting called by the MNDNR to discuss peat mining in the Big Bog, Jourdain rose to speak? stuttered, gasped, and asked someone to bring him a glass of water. He proceeded to drink half the glass of water as he stood, raised the half empty glass, and dramatically stated, ?Clean, fresh water is the life-blood of my Nation and our People? without the peat out there in the bog to filter the water, my Nation will die, and our People will perish.? Apparently, this lesson was lost on the Commissioner of the Minnesota Department of Natural Resources and the district head of the United States Army Corps of Engineers.
Why at this late date is it so difficult for the Minnesota Department of Natural Resources, the United States Fish and Wildlife Service, the Bureau of Indian Affairs, and most importantly, the United States Army Corps of Engineers to understand that, once again, making a decision without any input from the people of the Red Lake Nation concerning mining peat in the Big Bog is an act of racism and genocide (DNR Permit). Who are we to believe, the United States Army Corps of Engineers (ASACE), or the voice of the late Roger Jourdain in deciding if peat mining in the Big Bog should be allowed to continue? Both Jourdain and the USACE have demonstrated track records when it comes to understanding the ecosystems and the people of the area; the former was consistently correct, the latter consistently wrong when it comes to decisions impacting the Big Bog and the people living there.
The Red Lake walleye fishery has made what MNDNR Commissioner Gene Merriam described at the ribbon-cutting ceremony opening a new boat ramp at the mouth of Upper Red Lake on the Tamarack River as a, ?miraculous recovery that is poised to be the crown jewel? of the Minnesota walleye sport fishing (Merriam. August, 2005). Merriam also went on to acknowledge the role of the ecosystems that are a part of the Big Bog as the factors responsible, along with the joint efforts of the Red Lake Department of Natural Resources and the Minnesota Department of Natural Resources, to the speedy ?recovery? of the Red Lake walleye fishery.
However, there are those who doubt that the ?recovery? will be long lived unless the ?flood control structure? on Lower Red Lake is either modified to allow walleye to spawn; or the structure is removed. In fact, the USACE begrudgingly acknowledges this on its own website (USACE; also see attachment). Another complication for ?recovery? efforts is the peat mining that has been authorized by the MNDNR, and for which the USACE has provided a permit. There is already an advisory on eating fish that is in effect for both Upper and Lower Red Lakes because of dangerously high levels of mercury found in the fish by the Minnesota Department of Health. The United States Environmental Protection Agency and the United States Army Corps of Engineers have both stated that mercury levels are expected to rise as a result of the peat mining (EIS; Draft and Final).
The question has to be asked, ?Who is going to want to fish in these waters for walleye?? Most walleye anglers fish to eat what they catch, not just for sport. And if the Red Lake walleye fishery ?recovers? to the point that commercial fishing will become a reality once again, who will want to purchase these fish knowing of the mercury contamination? So here we are, again, back to square one because the agencies of the United States and Minnesota governments have refused to consider the rights, and the views, of the people of the Red Lake Nation; not to mention the impact on public health, and the very delicate and complex ecosystems involved. The sad irony to all of this is that if there are the high levels of mercury that have accumulated in the Big Bog according to the USACE, and this peat will now be mined for horticultural purposes, where will mercury eventually end up? Not only in the fish, but, the mercury will end up scattered helter-skelter here-and-there all over the United States, and possibly around the world; in our vegetable gardens, of course.
There is still time to consider alternatives. One is to build some kind of structure for spawning walleye to leave Lower Red Lake and return back over the ?flood control structure? after spawning--- although we must keep in mind that some kind of mechanical mechanism will probably be required because walleye, unlike trout, do not ?jump up? fish ladders; the other alternative that needs to be considered is to revoke the permits that has been granted to a Canadian company to mine the peat that supplies peat products to Scott?s and Miracle Grow (a Scott?s subsidiary). The other thing that we need to do is bring public pressure to bear on the United States Army Corps of Engineers and the MNDNR to live up to the intent of the National Environmental Policy Act. The policy in recent years has been for the USACE and the MNDNR to try to maneuver in a way to circumvent the act, while technically remaining in compliance; in a democracy, this is simply unacceptable conduct on the part of government agencies and the people in administrative positions. As one Red Laker put it to this writer at the Labor Day powwow in Ponemah while discussing peat mining and the walleye fishery, ?I volunteered to fight against Hitler in World War II while our families caught the fish to feed us and the rest of the troops, and now the United States government wants to completely destroy our way of life, and us as a people; one hundred years ago there was no mercury (see EPA website) polluting our lakes and rivers; our babies were born healthy, now they have all kinds of learning problems; I blame that damn mercury for a lot of the problems our kids are having today. We always were able to rely on this lake to feed us when we had no jobs, no nothing; for Indian people, it?s almost like Hitler won the war when you look at how we are being treated today.?
In conclusion, what has transpired, and the environmental destruction that continues in the area of the Big Bog of which the Red Lake Nation is a primary stakeholder, along with all the people of the state of Minnesota, this demonstrates that if we simply look at one aspect of what is going on with our natural resources and ecosystems, we end up missing the pieces of much more complex issues in which we need to consider historical circumstances, the track record of all the parties involved, demonstrate respect for peoples? rights and involve people in the decision making process, and do everything possible to live up to NEPA and the laws and statutes that are in place in order that the voices of all concerned parties are heard. The process of citizen involvement in these environmental matters begins with people having full and complete access to all information. Both the MNDNR and the United States Army Corps of Engineers have done everything possible to conceal information from the people regarding the ?flood control structure? on Lower Red Lake and peat mining in the Pine Island State Forest in the Big Bog; this is not in keeping with the intent of NEPA.
Environmental organizations like the Sierra Club, Ducks Unlimited, Trout Unlimited, the Izaak Walton League, and the Audubon Society have been quick to jump up when sulfide mining is being proposed, when new power generating plants are being considered, and they have been very visible concerning drilling for oil in Alaska; however, the silence on the part of these organizations when it comes to the negative environmental impacts that have far ranging and serious social/economic consequences to Native Americans is shameful. Unfortunately, neither these organizations, nor government bureaucrats or politicians have any concept of the emotion shame.
The massive movement of ordinary people in the 1960?s demanding that our government do something to protect our environment resulted in the National Environmental Policy Act being adopted by Congress and signed into law by a reluctant President. Once again, it is time for the grassroots to rise up, and insist that the permit to mine the peat of the Big Bog be revoked. We cannot rely on anyone to fight this battle for us, because who are we waiting for to stand up and fight, those who have sat by in silence and allowed all of this to happen in the first place? It is up to us.
Works Cited
For a map of the area consult MNDNR PRIM Map: Upper Red Lake
Brill, Charles. Red Lake Nation: Portraits of Ojibway Life. (University of Minnesota Press, 1992)
DNR. Permit to Mine Peat. 04/02/03
Environmental Protection Agency. Mercury. < http://www.epa.gov >
EIS (Draft and Final) Pine Island State Forest Peat Mining
Meyer, Melissa. Patterned Peatlands of Minnesota. Ed. H.E.Wright Jr.,
Barbara A. Coffin, and Norman E. Aaseng.University of Minnesota Press.
1992. 260
Needham, Dan. Quoted on 2005 Red Lake Nation Calendar
National Environmental Policy Act < http://ceq.eh.doe.gov/nepa/regs/nepa/nepaeqia.htm >
Red Lake River. < http://www.mvp.usace.army.mil/environment/default.asp?pageid=914 >
Over the last one-hundred years, or longer, the people of the Red Lake Nation have relied on two primary industries for their livelihoods. In his book, Red Lake Nation: Portraits of Ojibway Life published in 1992, Charles Brill writes, ?Fishing and lumbering are economic activities of importance on the reservation (Brill; p. 20).? Brill continues, ?The money fish of Red Lake is the sweet fish of the lakes, Sis-Kay-Way (walleye pike). Each year more that a half million pounds of pike, perch, and whitefish are taken from the rust colored waters of Lower and Upper Red Lake. Since commercial fishing began as a tribal profit-sharing cooperative, the cycle of setting and pulling nets has provided a summer income for many families. Twenty years ago almost half of the families on the reservation fished commercially. Today, the availability of other income opportunities and a few poor seasons have reduced the number to fewer than a hundred families. Many of the summer ?fish camps? on the west end in the area of the Sandy and the Red Lake rivers are abandoned. The long pointed poles of the net-hanging racks stand barren like winter trees. Today most of the commercial fishing takes place north of Red Lake from Mahquam Bay to Ponemah Point. For many of the families in the Ponemah area, fishing continues to be the main income-producing activity from May till mid-November. The Red Lake Fisheries Association has plans to expand and do its own processing. This cooperative has an annual budget of $500,000. Members of the cooperative share in the profits of the operation (through a Christmas bonus) as well as being paid for the fish they catch. The band receives in royalties a percentage of sales (Brill; pp. 20-21).?
In the preface to his earlier 1974 edition of Red Lake Nation: Portraits of Ojibway Life, Charles Brill wrote, ?I have sat on the bow of a fishboat and discussed weekly fish checks and the December fish bonus because that is what the men talk about. And while pulling nets I?ve been told to count each walleye, and sometimes whitefish, hauled into the boat. Some days the count doesn?t pay for the gas; on a good day the tally may reach four or five hundred and the men will joke and say, Look at that Charlie, look at that. Today we made lots of money. I have read that the per capita income on the Red Lake Reservation is $1474. But I?ve never asked a man at Red Lake how much money he makes (Page14).?
In the 1992 Edition of Red Lake Nation: Portraits of Ojibway Life, Charles Brill was still writing, ?Logging and fishing continue to be the most popular occupations. More than two million pounds of fresh fish are processed by the Red Lake Fisheries Association each year. Walleye accounts for roughly one-half million pounds, making Red Lake the largest producer of walleye in the United States. The year 1991, with $4.4 million in sales, was the best since the association was founded in 1929. The association paid its 578 members a total of $3.75 million, including a 202 percent bonus (each December members receive a percentage of their income) Brill; p. 149).
As the 1992 Edition of Brill?s book was going to publication, the Red Lake Walleye fishery was in the process of collapsing, when finally, all walleye fishing in both Upper and Lower Red Lakes was ordered closed, jointly, by both the Red Lake Department of Natural Resources and the Minnesota Department of Natural Resources; not a walleye has been harvested since. This spring (2006) the walleye fishery will open, again, under strict regulations with catch and slot limits to sport fishing; not commercial fishing.
Red Lakers were blamed for ?over-harvesting? their fishery by the Minnesota DNR, the U.S. Fish and Wildlife Services, and the Bureau of Indian Affairs, along with virtually every ?sportsmen?s? and environmental organization in Minnesota. Ironically, it was the United States government that encouraged and financed the large-scale commercial Red Lake fishery to begin with as is noted in a display at the Big Bog State Park Beach on Upper Red Lake. To the people of the Red Lake Nation, fishing is not only a job, but a major part of a way of life.
Writer/photographer---Brill--- who lived and worked alongside the Red Lake fishers and their families in preparation for writing his book, noted with admiration and in reverence, ?They can move with catlike balance and agility in a tossing metal boat filled with nets and wooden fish boxes. Like the other men who live and work close to the water, they seem to have a deep, almost religious feeling for nature. Although they now cross the lake in aluminum boats pushed by forty-horsepower motors, and their nets are machine woven from synthetic fiber, the activity of setting and pulling a net has not changed for a hundred years. Fishing is still a way of life, a challenge, and in a very quiet manner competitive (Brill; p. 57). Brill goes on to document the importance of commercial fishing to the people of the Red Lake Nation with photographs of fish camps along the lakeshore involving entire families, where even small children pitch in to help out.
All too often it is easy to attach blame without studying problems beyond the obvious, which has been the case with the demise of the Red Lake walleye fishery. The National Environmental Policy Act (NEPA) in its opening provides us with some insight into how we should view such situations. It states, ?The purposes of this Act are: To declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality.?
It did not take an act of the Congress of the United States, signed into law by the President, in order to understand all that has transpired with the Red Lake walleye fishery, although, when it comes to the people of the Red Lake Nation it would appear that the United States Army Corps of Engineers and the Minnesota Department of Natural Resources (MNDNR) still do not refer back to NEPA for direction, as they should. Something had to have been drastically wrong with the way the United States Army Corps of Engineers had been operating for many years that these basic concepts articulated in NEPA would not have been part of their policy and mandate, if not by law, than using plain old common sense and sensitivity toward people and ecosystems in approaching their projects. Perhaps the United States Army Corps of Engineers can be excused for the manner in which they used such a heavy handed approach so as not to consult with the people of the Red Lake Nation after having carefully studied what impact a ?flood control structure? placed at the main outlet of Lower Red Lake would have, not only on the environment and the ecosystems, but on a way of life for the people; what excuse can possibly be given is beyond comprehension. The U.S. Army Corps of Engineers was quick to take action to protect farmers and communities downstream, but demonstrated not one iota of concern for the rights and livelihood of the Native Americans living upstream. It might be of some relevance to note that the farmland and communities downstream were stolen at gunpoint from those living upstream. The United States government called it ?treaty negotiations;? while Dan Needham, the first elected Treasurer of the Red Lake Nation summed up what transpired, thus: ?It was mostly intimidation that cost us that land (Red River Valley) the treaty meeting of 1863 was held out at the Old Crossing by Red River Falls. The government had soldiers there with guns pointing at the Indian encampment, cannons. It scared most of the Indians even the chief? they signed that treaty giving away the Red River Valley lands for about five cents an acre (Red Lake Nation Calendar. Needham. 2005).?
Long before there was NEPA, Native Americans, including the people of the Red Lake Nation, had maintained such policies as articulated in NEPA for hundreds of years ? if not thousands of years, even if, today, the USACE has not. In fact, the real beginning of the end of the Red Lake walleye fishery can be traced to the action of the United States Army Corps of Engineers that decided the way to stop flooding of farmlands and communities downstream from Red Lake was to build a ?flood control structure? (a concrete dam and cement canal) at the main outlet of Lower Red Lake in 1951 (Red Lake River, USACE); because the fishery was relatively stable even while massive commercial harvests were being made to feed troops fighting in two world wars.
Roger Jourdain informed the United States Army Corps of Engineers that this dam was impeding spawning walleye as early as 1956; three years before he was elected Chairman of the Red Lake Nation, and just five years after the ?flood control structure? had been erected. In 1959 Jourdain was elected Chairman, and then continually re-elected for thirty years, until being pushed from office by those supporting casino gambling as the panacea to the poverty and despair that was growing, in part, due to a failing fishery. Jourdain was not only a keen politician, but understood the environment and ecosystems of the area very well, having been born and raised on the reservation. When the advocates of peat mining the Big Bog started their long protracted campaign to destroy this pristine wilderness in the early 1960?s, Jourdain was quick to point out and articulate what was going down. He continually pointed to the ?flood control structure? that was impeding walleyes from entering their primary spawning area, and said that peat mining would be another attack on the sovereignty of the Red Lake Nation, and the ecosystems that supported a way of life. Jourdain insisted the people of the Red Lake Nation had a right to be a part of the decision making process, and he made his voice heard. Not a single politician or government bureaucrat dared to mine the peat of the Big Bog while Jourdain was living. Jourdain declared, time and time again from 1967 until his death in 2002, ?The most important use of the peat lands is as natural filter for the waters which maintain our lakes. Peat provides habitat for our wildlife. Much of our forests grow on peat. The wildlife, timber and fish are our greatest resource? (the) primary source of employment and income for the tribe (The Patterned Peatlands of Minnesota,? Meyer 260).?
NEPA sounds a similar note to that articulated by Jourdain. NEPA, Section 101 [42 USC ? 4331], states: (a) The Congress, recognizing the profound impact of man's activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans.
At a meeting called by the MNDNR to discuss peat mining in the Big Bog, Jourdain rose to speak? stuttered, gasped, and asked someone to bring him a glass of water. He proceeded to drink half the glass of water as he stood, raised the half empty glass, and dramatically stated, ?Clean, fresh water is the life-blood of my Nation and our People? without the peat out there in the bog to filter the water, my Nation will die, and our People will perish.? Apparently, this lesson was lost on the Commissioner of the Minnesota Department of Natural Resources and the district head of the United States Army Corps of Engineers.
Why at this late date is it so difficult for the Minnesota Department of Natural Resources, the United States Fish and Wildlife Service, the Bureau of Indian Affairs, and most importantly, the United States Army Corps of Engineers to understand that, once again, making a decision without any input from the people of the Red Lake Nation concerning mining peat in the Big Bog is an act of racism and genocide (DNR Permit). Who are we to believe, the United States Army Corps of Engineers (ASACE), or the voice of the late Roger Jourdain in deciding if peat mining in the Big Bog should be allowed to continue? Both Jourdain and the USACE have demonstrated track records when it comes to understanding the ecosystems and the people of the area; the former was consistently correct, the latter consistently wrong when it comes to decisions impacting the Big Bog and the people living there.
The Red Lake walleye fishery has made what MNDNR Commissioner Gene Merriam described at the ribbon-cutting ceremony opening a new boat ramp at the mouth of Upper Red Lake on the Tamarack River as a, ?miraculous recovery that is poised to be the crown jewel? of the Minnesota walleye sport fishing (Merriam. August, 2005). Merriam also went on to acknowledge the role of the ecosystems that are a part of the Big Bog as the factors responsible, along with the joint efforts of the Red Lake Department of Natural Resources and the Minnesota Department of Natural Resources, to the speedy ?recovery? of the Red Lake walleye fishery.
However, there are those who doubt that the ?recovery? will be long lived unless the ?flood control structure? on Lower Red Lake is either modified to allow walleye to spawn; or the structure is removed. In fact, the USACE begrudgingly acknowledges this on its own website (USACE; also see attachment). Another complication for ?recovery? efforts is the peat mining that has been authorized by the MNDNR, and for which the USACE has provided a permit. There is already an advisory on eating fish that is in effect for both Upper and Lower Red Lakes because of dangerously high levels of mercury found in the fish by the Minnesota Department of Health. The United States Environmental Protection Agency and the United States Army Corps of Engineers have both stated that mercury levels are expected to rise as a result of the peat mining (EIS; Draft and Final).
The question has to be asked, ?Who is going to want to fish in these waters for walleye?? Most walleye anglers fish to eat what they catch, not just for sport. And if the Red Lake walleye fishery ?recovers? to the point that commercial fishing will become a reality once again, who will want to purchase these fish knowing of the mercury contamination? So here we are, again, back to square one because the agencies of the United States and Minnesota governments have refused to consider the rights, and the views, of the people of the Red Lake Nation; not to mention the impact on public health, and the very delicate and complex ecosystems involved. The sad irony to all of this is that if there are the high levels of mercury that have accumulated in the Big Bog according to the USACE, and this peat will now be mined for horticultural purposes, where will mercury eventually end up? Not only in the fish, but, the mercury will end up scattered helter-skelter here-and-there all over the United States, and possibly around the world; in our vegetable gardens, of course.
There is still time to consider alternatives. One is to build some kind of structure for spawning walleye to leave Lower Red Lake and return back over the ?flood control structure? after spawning--- although we must keep in mind that some kind of mechanical mechanism will probably be required because walleye, unlike trout, do not ?jump up? fish ladders; the other alternative that needs to be considered is to revoke the permits that has been granted to a Canadian company to mine the peat that supplies peat products to Scott?s and Miracle Grow (a Scott?s subsidiary). The other thing that we need to do is bring public pressure to bear on the United States Army Corps of Engineers and the MNDNR to live up to the intent of the National Environmental Policy Act. The policy in recent years has been for the USACE and the MNDNR to try to maneuver in a way to circumvent the act, while technically remaining in compliance; in a democracy, this is simply unacceptable conduct on the part of government agencies and the people in administrative positions. As one Red Laker put it to this writer at the Labor Day powwow in Ponemah while discussing peat mining and the walleye fishery, ?I volunteered to fight against Hitler in World War II while our families caught the fish to feed us and the rest of the troops, and now the United States government wants to completely destroy our way of life, and us as a people; one hundred years ago there was no mercury (see EPA website) polluting our lakes and rivers; our babies were born healthy, now they have all kinds of learning problems; I blame that damn mercury for a lot of the problems our kids are having today. We always were able to rely on this lake to feed us when we had no jobs, no nothing; for Indian people, it?s almost like Hitler won the war when you look at how we are being treated today.?
In conclusion, what has transpired, and the environmental destruction that continues in the area of the Big Bog of which the Red Lake Nation is a primary stakeholder, along with all the people of the state of Minnesota, this demonstrates that if we simply look at one aspect of what is going on with our natural resources and ecosystems, we end up missing the pieces of much more complex issues in which we need to consider historical circumstances, the track record of all the parties involved, demonstrate respect for peoples? rights and involve people in the decision making process, and do everything possible to live up to NEPA and the laws and statutes that are in place in order that the voices of all concerned parties are heard. The process of citizen involvement in these environmental matters begins with people having full and complete access to all information. Both the MNDNR and the United States Army Corps of Engineers have done everything possible to conceal information from the people regarding the ?flood control structure? on Lower Red Lake and peat mining in the Pine Island State Forest in the Big Bog; this is not in keeping with the intent of NEPA.
Environmental organizations like the Sierra Club, Ducks Unlimited, Trout Unlimited, the Izaak Walton League, and the Audubon Society have been quick to jump up when sulfide mining is being proposed, when new power generating plants are being considered, and they have been very visible concerning drilling for oil in Alaska; however, the silence on the part of these organizations when it comes to the negative environmental impacts that have far ranging and serious social/economic consequences to Native Americans is shameful. Unfortunately, neither these organizations, nor government bureaucrats or politicians have any concept of the emotion shame.
The massive movement of ordinary people in the 1960?s demanding that our government do something to protect our environment resulted in the National Environmental Policy Act being adopted by Congress and signed into law by a reluctant President. Once again, it is time for the grassroots to rise up, and insist that the permit to mine the peat of the Big Bog be revoked. We cannot rely on anyone to fight this battle for us, because who are we waiting for to stand up and fight, those who have sat by in silence and allowed all of this to happen in the first place? It is up to us.
Works Cited
For a map of the area consult MNDNR PRIM Map: Upper Red Lake
Brill, Charles. Red Lake Nation: Portraits of Ojibway Life. (University of Minnesota Press, 1992)
DNR. Permit to Mine Peat. 04/02/03
Environmental Protection Agency. Mercury. < http://www.epa.gov >
EIS (Draft and Final) Pine Island State Forest Peat Mining
Meyer, Melissa. Patterned Peatlands of Minnesota. Ed. H.E.Wright Jr.,
Barbara A. Coffin, and Norman E. Aaseng.University of Minnesota Press.
1992. 260
Needham, Dan. Quoted on 2005 Red Lake Nation Calendar
National Environmental Policy Act < http://ceq.eh.doe.gov/nepa/regs/nepa/nepaeqia.htm >
Red Lake River. < http://www.mvp.usace.army.mil/environment/default.asp?pageid=914 >
[Please note: the United States Army Corps of Engineers has refused to allow me access to their files pertaining to the ?flood control structure on Lower Red Lake, below I provide what is on their web site in its entirety. Also, following this, I have provided the correspondence between myself and the USACE requesting information.]
Attachment:
Red Lake River/Zah Gheeng Marsh Projects, Clearwater County, Minn.
Location/Description
Red Lake Dam is located at the outlet of Lower Red Lake, Clearwater County, Minnesota, approximately 18 miles northwest of Red Lake, Minnesota. The Red Lake River, Zah Gheeng Marsh, and associated wetlands are located along approximately 10 miles of the Red Lake River immediately below Lower Red Lake. In 1948, the Red Lake Tribal Council granted permission to construct the Red Lake and Clearwater Rivers Project if certain conditions were met. The Corps does not own any real estate interest for the dam. In 1951, the Corps completed construction of the dam and channelization of 3.2 miles of the Red Lake River through the marsh, primarily to provide agricultural flood protection. This channelization effectively dewatered the marsh, even though a rock and brush weir had been constructed 10 miles downstream of the dam to prevent this. In 1958, the Corps replaced the rock and brush weir with a concrete sill, but this did not solve the problem. In 1967, the Corps constructed dikes and water control structures to restore wetlands along the channelized reach. Approximately 3,300 acres of wetland were reflooded; however, the operation of the inlet and outlet structures on the marsh has not produced the desired ecological outcomes. Too much water was being held on the marsh, creating floating bog conditions and reducing the ecological viability of the wetland.
In 1999, staff gages were placed in the marsh to document the hydrologic conditions. Data were collected for 3 years, and future decisions regarding operational and/or structural changes to the marsh will be made based on the analysis of this information. Possible solutions to be considered are the improved operation of the control structures, control structure modification, dike removal, channel remeandering, and/or combinations thereof.
Attachment:
Red Lake River/Zah Gheeng Marsh Projects, Clearwater County, Minn.
Location/Description
Red Lake Dam is located at the outlet of Lower Red Lake, Clearwater County, Minnesota, approximately 18 miles northwest of Red Lake, Minnesota. The Red Lake River, Zah Gheeng Marsh, and associated wetlands are located along approximately 10 miles of the Red Lake River immediately below Lower Red Lake. In 1948, the Red Lake Tribal Council granted permission to construct the Red Lake and Clearwater Rivers Project if certain conditions were met. The Corps does not own any real estate interest for the dam. In 1951, the Corps completed construction of the dam and channelization of 3.2 miles of the Red Lake River through the marsh, primarily to provide agricultural flood protection. This channelization effectively dewatered the marsh, even though a rock and brush weir had been constructed 10 miles downstream of the dam to prevent this. In 1958, the Corps replaced the rock and brush weir with a concrete sill, but this did not solve the problem. In 1967, the Corps constructed dikes and water control structures to restore wetlands along the channelized reach. Approximately 3,300 acres of wetland were reflooded; however, the operation of the inlet and outlet structures on the marsh has not produced the desired ecological outcomes. Too much water was being held on the marsh, creating floating bog conditions and reducing the ecological viability of the wetland.
In 1999, staff gages were placed in the marsh to document the hydrologic conditions. Data were collected for 3 years, and future decisions regarding operational and/or structural changes to the marsh will be made based on the analysis of this information. Possible solutions to be considered are the improved operation of the control structures, control structure modification, dike removal, channel remeandering, and/or combinations thereof.
The Red Lake Tribe is also concerned with the potential impacts of fish, mainly walleyes, going through the dam gates and being unable to reenter Red Lake. The effects of the dam on walleye populations, as perceived by the Tribe, are significant, and the Tribe has advocated a fish passage structure ever since the dam was constructed. Research has not documented adverse effects on the Red Lake fishery caused by the out-migration of fish from the reservoir. However, the Tribe views this issue as significant from cultural and religious standpoints, and the results of previous studies do not diminish their concerns.
Status
The Tribe has stated that the resolution of the fish-loss issue is a priority over the restoration of the Zah Gheeng Marsh. Therefore, work is proceeding to design a fishway that would meet the needs of the Tribe. The Corps has completed a draft design for a fish passage and has coordinated it with the Tribe.
Authority
The Red Lake and Clearwater Rivers project was authorized by the Flood Control Act of December 12, 1944, in accordance with the recommendation contained in House Document Number 345, 78th Congress, 1st Session.
Fiscal
Estimated Cost for Marsh Restoration Unknown
Estimated Cost for Fish Passage $330,000
Status
The Tribe has stated that the resolution of the fish-loss issue is a priority over the restoration of the Zah Gheeng Marsh. Therefore, work is proceeding to design a fishway that would meet the needs of the Tribe. The Corps has completed a draft design for a fish passage and has coordinated it with the Tribe.
Authority
The Red Lake and Clearwater Rivers project was authorized by the Flood Control Act of December 12, 1944, in accordance with the recommendation contained in House Document Number 345, 78th Congress, 1st Session.
Fiscal
Estimated Cost for Marsh Restoration Unknown
Estimated Cost for Fish Passage $330,000
Note: This draft estimate will be refined during a later project stage.
Point of contact for this page:
Steve Clark Steven.J.Clark@mvp02.usace.army.mil
651-290-5278 651-290-5258 (fax)
Steve Clark Steven.J.Clark@mvp02.usace.army.mil
651-290-5278 651-290-5258 (fax)
Initially I sent an e-mail to Mr. Clark at the USACE address above thinking that he was willing to make more information available. I was in for a rude awakening. Below are the e-mails as they transpired, notice the long time it took Mr. Clark to respond to my initial request:
-----Original Message-----
From: Alan L. Maki [mailto:alanmaki@wiktel.com]
Sent: Tuesday, November 08, 2005 9:34 PM
To: Clark, Steven J MVP
Subject: Re: info on Red Lake dam...........
Could you e-mail all the studies you have on the dam you operate on Lower Red Lake, including any reports you have regarding the fishery.
-----Original Message-----
From: Clark, Steven J MVP [mailto:Steven.J.Clark@mvp02.usace.army.mil]
Sent: Tuesday, November 29, 2005 3:27 PM
To: Alan L. Maki
Subject: RE: info on Red Lake dam...........
-----Original Message-----
From: Alan L. Maki [mailto:alanmaki@wiktel.com]
Sent: Tuesday, November 08, 2005 9:34 PM
To: Clark, Steven J MVP
Subject: Re: info on Red Lake dam...........
Could you e-mail all the studies you have on the dam you operate on Lower Red Lake, including any reports you have regarding the fishery.
-----Original Message-----
From: Clark, Steven J MVP [mailto:Steven.J.Clark@mvp02.usace.army.mil]
Sent: Tuesday, November 29, 2005 3:27 PM
To: Alan L. Maki
Subject: RE: info on Red Lake dam...........
Mr. Maki - Meeting your request as stated would take an extensive amount of time. I would advise you to mail a request to our office addressed to "FOIA Officer at MVP-OC". Please include with your request more specific information on the type of reports you are interested in receiving.
Thank you,
Steve
Steve
Steven J. Clark
Project Manager/Fisheries Biologist
U.S. Army Corps of Engineers, St. Paul District
190 5th Street East, Suite 401
St. Paul, MN 55101-1638 USA
Phone: (651) 290-5278
Fax: (651) 290-5258
steven.j.clark@mvp02.usace.army.mil
From: Alan L. Maki [mailto:alanmaki@wiktel.com]
Sent: Saturday, December 17, 2005 9:09 AM
To: Clark, Steven J MVP
Cc: gene.merriam@dnr.state.mn.us; 'Mark LaBarbera'; rlnn@paulbunyan.net;editor@orionsociety.org; editor@outdoornews.com; bswenson@bemidjipioneer.com;readerrep@startribune.com
Subject: RE: info on Red Lake dam...........
Project Manager/Fisheries Biologist
U.S. Army Corps of Engineers, St. Paul District
190 5th Street East, Suite 401
St. Paul, MN 55101-1638 USA
Phone: (651) 290-5278
Fax: (651) 290-5258
steven.j.clark@mvp02.usace.army.mil
From: Alan L. Maki [mailto:alanmaki@wiktel.com]
Sent: Saturday, December 17, 2005 9:09 AM
To: Clark, Steven J MVP
Cc: gene.merriam@dnr.state.mn.us; 'Mark LaBarbera'; rlnn@paulbunyan.net;editor@orionsociety.org; editor@outdoornews.com; bswenson@bemidjipioneer.com;readerrep@startribune.com
Subject: RE: info on Red Lake dam...........
Mr. Clark,
I insist that you inform me where all the records and documents are maintained regarding the dam (flood control structure/s) on Lower Red Lake. Might I also suggest that you review my request with Mr. Whiting?
I am interested in reviewing ALL material going back to when the United States Army Corps of Engineers first became involved in this project, which I assume was quite some time before actually putting the structure in place.
In the meantime, could you please inform me of who, or what body, in the Red Lake Nation participated with, or made the decision, to construct this ?flood control project??
I assume you and the USACE is familiar with the National Environmental Policy Act [NEPA]. It would appear to me that your letter is one more indication that the USACE is trying to maneuver to skirt the intent of NEPA.
If there is a reason why the USACE would have to review any material before it is released to me, could you please explain? Is this flood control structure in any way a part of our country?s ?national security? efforts, or of importance to national security?
I need to review this information I am requesting in order to make sure that my statements are factual in something that I am writing for public distribution? I originally sent you my request to review these records on November 8, 2005. I think that this has given the USACE more than ample time to inform me where I can come to review these files and documents.
Should I not receive this information from you before Friday, December 23, 2005, I intend to go ahead and publish without this information. I made a very simple request. In response to your e-mail I stated my willingness to come to your office to review the material since you are claiming it is too much to send. I can appreciate that you would have a great deal of information in your files; I can not understand why you do not want me to examine the entire file and all documents.
Alan L. Maki
-----Original Message-----
From: Garrett, Ivette D MVP [mailto:Ivette.D.Garrett@mvp02.usace.army.mil]
Sent: Monday, December 19, 2005 12:29 PM
To: Alan L. Maki
Cc: Clark, Steven J MVP; Whiting, Robert J MVP; Stanonik, Georgia L MVP; Bankston, Edwin C MVP
Subject: RE: info on Red Lake dam...........
-----Original Message-----
From: Garrett, Ivette D MVP [mailto:Ivette.D.Garrett@mvp02.usace.army.mil]
Sent: Monday, December 19, 2005 12:29 PM
To: Alan L. Maki
Cc: Clark, Steven J MVP; Whiting, Robert J MVP; Stanonik, Georgia L MVP; Bankston, Edwin C MVP
Subject: RE: info on Red Lake dam...........
Mr. Maki:
To obtain copies and/or review documents created or obtained by an agency or under the control of a Federal executive agency, pursuant to 5 United States Code ? 552(a), a person must make a request in writing citing the Freedom of Information Act (FOIA). The FOIA request must reasonably describe the records sought and must indicate that the requester is willing to pay the properly assessed search, review, and duplication costs or that the agency determines that the requester meets the statutory criteria for a fee waiver. In addition, the agency has 20 work days in which to make a determination on a properly received FOIA request. A written request may be sent to: Department of Army, Corps of Engineers, St. Paul District, Office of Counsel, 190 East Fifth Street, Suite 401, St. Paul, Minnesota 55101-1638 or to Ms. Stanonik atGeorgia.L.Stanonik@MVP.usace.army.mil. Ms. Stanonik may also be reached by telephone at 651-290-5496.
Ivette D. Garrett
Assistant District Counsel
Assistant District Counsel
From: Alan L. Maki [alanmaki@wiktel.com]
Sent: Monday, December 19, 2005 1:04 PM
To: 'Garrett, Ivette D MVP'
Cc: 'Clark, Steven J MVP'; 'Whiting, Robert J MVP'; 'Stanonik, Georgia L MVP'; 'Bankston, Edwin C MVP'
Subject: RE: info on Red Lake dam...........
Would all of you that Mr. Garrett has Cc?ed this e-mail to, please identify yourselves to me and the positions that you hold? I believe your agency is acting contrary to the intent of the National Environmental Policy Act in making me go through such a process to obtain information concerning the information you have pertaining to the construction, operation of, the impact on the fishery and the impact on peoples? lives, and the relationship of this ?flood control? project on Lower Red Lake to your issuance of a permit to mine the peat in the Pine Island State Forest.
Sent: Monday, December 19, 2005 1:04 PM
To: 'Garrett, Ivette D MVP'
Cc: 'Clark, Steven J MVP'; 'Whiting, Robert J MVP'; 'Stanonik, Georgia L MVP'; 'Bankston, Edwin C MVP'
Subject: RE: info on Red Lake dam...........
Would all of you that Mr. Garrett has Cc?ed this e-mail to, please identify yourselves to me and the positions that you hold? I believe your agency is acting contrary to the intent of the National Environmental Policy Act in making me go through such a process to obtain information concerning the information you have pertaining to the construction, operation of, the impact on the fishery and the impact on peoples? lives, and the relationship of this ?flood control? project on Lower Red Lake to your issuance of a permit to mine the peat in the Pine Island State Forest.
The United States Army Corps of Engineers is making it impossible for people to participate fully in the decision making process when it comes to these matters. Your action is shameful and disgusting.
I am not requesting this information under the Freedom of Information Act. I am insisting on my right to review these public documents; and I do not need to seek these documents under the Freedom of Information Act. These are public records. I have the right to know where they are being maintained and I have the right to be able to walk into the office where they are being maintained during normal business hours to review these records.
Are these records on file in the Bemidji, Minnesota Office of the United States Army Corps of Engineers? What are the normal business hours of that office? I have been to the office several times, only to find that no one is ever there.
I think everyone is beginning to get a better idea of the sleazy and underhanded manner in which the United States Army Corps of Engineers operates.
Alan L. Maki
58891 County Road 13
Warroad, Minnesota 56763
Phone: 218-386-2432
Cell: 651-587-5541
58891 County Road 13
Warroad, Minnesota 56763
Phone: 218-386-2432
Cell: 651-587-5541
You might want to check out these blogs about the Big Bog...
Spitting into the wind
If this were easy?
Goals and strategies
The meat of the issue...
Comments