# B a d R i v e r N a t u r a l Re s o u r c e (2019) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Abad_river_chippewa%3Ab894a41e6046617c ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text B a d R i v e r N a t u r a l Re s o u r c e RADON IS THE SECOND LEADING CAUSE OF LUNG CANCER Bad River Tribal Radon Program 715-682-7123 Call for free testing services! ~MISSION STATEMENT~ Bad River Natural Resou rce Depar t men t 72682 Maple Street PO Box 39 Odanah, WI, 54806 Phone: 715-682-7123 Fax: 715-682-7118 Email: NRDOutreach@badriver-nsn.gov The Department strives for resource management which both conserves the natural resources for the future generations and provide for the needs of the present. The departments existence reflects the importance the Bad River Tribe places on its right and ability to exercise sovereignty, self-determination and self-regulation in the area of natural resource management. Were on the Web! Visit www.badriver-nsn.gov Daniel Wiggins, Air/Radon Technician Special points of interest: • Bad River Ishkonige Nawadide Solar Project T he U.S. Department of Energy (DOE) announced in July that the Bad River Ishkonige Nawadide Solar Project was among 14 tribal energy projects chosen for a combined $16,000,000. The Bad River Project was awarded nearly $1,000,000 for a total project value of nearly $2,000,000. Bad River has chosen to call this project Ishkonige Nawadide or They Capture Fire. The Air Quality Technician worked with a team to properly plan for the project and included William Bailey from CheqBay Renewables, Niels Wolter of Madison Solar, Travis and Amy Simpkins of MuGrid, and tribal staff from the Tribes Natural Resource Department, Planning Department, Legal Department, and Account- • Bad River’s Tobacco Use Policy • Public Notice(s) • Project Reviews by NRD • IAS Youth Engagement • RADON Public Notice Inside this issue: 2019 Lake Superior Days Celebration 2 New Wildlife Specialist 3 Public Safety Notice Line 5 5 Public Notice - Line 5 @ 6 Project Reviews by NRD: A Year in Review 7 Wigwaas (Birch Trees) 8 Coastal Habitat Protection for Namegos (Coaster Brook Trout) through Land 9 and second-hand smoke”. Game Wardens thoughts 10 The Policy differentiates between commercial tobacco smoke (that contains up to 600 added chemicals, including ingredients found in nail polish remover and battery Beach Clean-Up Event 11 Radon Public Notice 12 ing Department. This project plans to implement the first phase of energy independence through the installation of 520 kW DC of solar photovoltaic (PV) at three tribal buildings, 200kW DC at the Wastewater Treatment Plant (WWTP), 300 kW DC at the Health & Wellness Center (Health Clinic), and 20 kW AC at the Chief Blackbird Administration Building (Administration Building). ...Continued on page 4... Nathan Kilger, Air Quality Specialist T he Tobacco Use Policy approved by Bad River Tribal Council in 2014 was written to “protect employees, community members, visitors, and volunteers from the known dangers of commercial tobacco products …Continued on page 2... Page 2 components) from ceremonial and traditional tobacco (without the deadly chemicals). The policy designates which areas are non-smoking areas; governmental vehicles are also designated as non-smoking areas. In addition, more news about illnesses and deaths related to e-cigarettes and vaping have been coming from many states and cities, including areas in Wisconsin and Minnesota. One unnamed man in Wisconsin was in a coma and an elderly man in Minnesota has recently died. COMMON GROUND he Education Department collaborated with UW Extension, Cat Techtmann, to bring youth on a field trip to discuss the history of mining and the threat of future mining in our watershed. This was one of the many IAS activities implemented this year. T Signs recently installed at the Chief Blackbird Center remind employees, community members, visitors, and volunteers that certain tobacco products are prohibited around the building. I’ll finish this article by quoting an air quality scientist who would always remind people: “breathing is better than the alternative”. Berthea Olby, NRD Outreach Coordinator n July 19th 2019 the Natural Resources Department hosted our annual Lake Superior Days Event. During this event you had the opportunity to learn a number of different things about our beautiful lake. Attendees were also given the opportunity to get hands-on and make their own “ricing sticks” with our cultural demonstrator, who happens to be a Bad River Elder and professional ricer. This year we had 65 participants. O Page 11 Berthea Olby, NRD Outreach Coordinator On August 16th we held our 2019 Beach Clean-up Event. During this event we sent a group to both Bad River Mouth Beaches, and also Waverly Beach. We had approximately 25 people participate in this event this year, including our summer youth crew. Next year we are hoping to expand and include Joe Rose Beach, Second Landing, and Long Island Beaches. As our Beach Monitoring Message states, our beach going public is our priority, and Nobody likes a Dirty Beach! Current Status of Reservation Beaches can be obtained by calling (715) 685-7870. Page 10 COMMON GROUND Page 3 Gerry White, Lead Conservation Warden Bad River Leasing E ach time anyone sees a group of birds, mainly crows and bald eagles, along the roadway usually the first thought is “There is a gut pile there.” Many birds stick around throughout the winter. Some of those birds scavenge for food. Not only will birds scavenge in the winter but other animals will also scavenge like the fox and coyote. To some of those animals, scavenging would include picking at road kill, gut piles and deer scraps tossed out from processing the latest hunt. Any animal parts along the road way are in itself a hazard and unsightly to those driving on the road. Once the animals find scraps to scavenge they will flock there until there is nothing left to eat. This becomes an additional hazard causing motorists to have to possibly slow down and in some cases swerve in attempts to keep Chief Blackbird Center P.O. Box 39 Odanah,WI 54861 from hitting animals. It is safe driving practice not to swerve and keep safe control of the vehicle. What ends up happening in some cases those animals will get hit by the oncoming vehicle injuring them and sometimes unintentionally killing the animal. Bad River Tribal members practice a deer harvest season from July 1st to January 31st. Although most hunting occurs during the “rut” some hunting occurs before and after. If the mosquitoes are still out it’s nice to get out of the woods towards the roadway to field dress the deer. Once the snow flies it is easier to field dress your deer at the roadway instead of in the 715-682-7111 x 1588 lease@badriver-nsn.gov Patti J. BigBoy deep snow. Plus if you didn’t have to drag your dressed deer thru the snow it won’t get full of snow. Most gut piles and deer scraps end up staying on or getting tossed in the ditch along the roadway. Scavenging animals end up pulling the scraps out into the roadway causing driving hazards. It would be a courtesy to all motorists including the animals scavenging if the gut piles and deer scraps were not along the roadway. It would be a good practice to put the gut piles and deer scraps further into the woods past trees and shrubs. This would make it harder for scavenging animals to drag them further into the roadway. Don’t worry, the scavenging animals will find the scraps if they are further into the woods. By this practice your help can go a long way. Thank you! M y name is Abi Fergus and I started working as Mashkizibi’s new wildlife specialist on Lake Superior Day this past July. Two years ago, I came up to Mashkizibi from lower Michigan to work as an intern by collecting input for the update of the Ma’iingan plan. Mashkizibi amazed me in a way that no other place has. Ma’iingan runs through the woods, sloughs pour into Gitchi Gummi, leeches the size of blue gills swim around. It was heartbreaking to leave at the end of my internship two years ago, so I moved back in January of 2018—as soon as I graduated Alma College with a biology degree. I had the opportunity to work as Bad River’s wildlife technician in the 2018 summer season. In that role I did everything from pick up nearly 100 piles of Ma’iingan Moo (wolf scat) to use in a diet survey to assist in organizing outreach about Chronic Wasting Disease. It is a dream come true to hold the wildlife specialist position now and I am excited to serve the Tribe and change the wildlife field to bring awareness and respect for tribal sovereignty and reciprocity. I am also a graduate student at the University of Wisconsin-Madison. I study in the Nelson Institute and the Carnivore Coexistence Lab. Through a research project with nearby, non-tribal farmers I am exploring the effectiveness of light makers, noise makers, and fladry (flagging) at keeping Makwa (black bear), Ma’iingan (gray wolf), Coyote (Wiisagima' iingan), and possibly Mishibizhii (mountain lion) away from livestock farms. Bad River is funding this work with a BIA Endangered Species grant. I could not get this research done without the hard work that two Wisconsin Tribal Conservation Advisory Committee interns and members of the Natural Resource Aide Crew have put in. Miigwetch! This research is fostering a positive relationship between Bad River and nearby livestock owners, and this relationship building can lead to better collaboration in carnivore coexistence. I am reevaluating the focus of Bad River’s wildlife program. Chronic Wasting Disease, Ma’iingan, and Piping Plover work will remain high priorities, and I would love to hear what else the community thinks we should focus on protecting When I’m not working or doing school full time, I enjoy playing my ukulele, having play time with my two pet rats, and foraging for food and medicine. Please feel free to say hi in the Natural Resource office or by calling or emailing me. Wildlife@badriver-nsn.gov 715-685-7840 x 1554 Page 4 COMMON GROUND Page 9 Coastal Habitat Protection for Namegos (Coaster Brook Trout) through Land Acquisition. The solar PV systems will be integrated with the existing utility grid but will be able to operate independent of the grid using Battery Energy Storage Systems (BESS). Because of the utility’s maximum net metering policy of 20 kW AC, the two larger installations will be designed for “behind-the-meter” electric usage, and store electricity for use when site demand exceeds the solar generation. The BESS also creates resiliency providing power when the grid is down. All three buildings are essential tribal buildings. Suzi Smith, GIS Specialist & Naomi Tillison, NRD Director I n autumn of 2018 Bad River Band received $330,000 of Great Lakes Restoration Initiative (GLRI) funding administered through the Bureau of Indian Affairs to help with the purchase 915 acres of land within the exterior boundaries of the Reservation in the vicinity of Graveyard Creek. On September The PV systems will generate approximately 625,000 kWh annually and offset 100% of the annual electric usage of the Wastewater Treatment Plant and Health Clinic, and 5.5% of the Administration Building. They will reduce the Tribe’s electric bills by $841,000 in the first 25 years and eliminating 487 tons of CO2 emissions. This pilot project represents the Tribe’s continued progress down the economic and environmental path to a 100% clean and resilient energy future while further developing the Tribe’s expertise needed to realize that future. In July of 2016, the Tribe experienced a 500-year flood and in response adopted an Emergency Response Plan, along with PreDisaster Mitigation Plan. The Tribe’s goal is to mitigate and prepare for the consequences of hazards and effectively respond and recover in the event of an emergency or disaster. The Tribe identified the Health & Wellness Center and the Wastewater Treatment Plant as the most important tribal facilities and decided to locate the Tribal Emergency Operation Center (EOC) at the Chief Blackbird Administration Building. Further, the Tribe Location of 200kW DC at the Wastewater Treatment Plant Location of 300 kW DC at the Health & Wellness Center has included energy as a major component of operations under the EOC. The ability to invest in large energy projects within the reservation, allows the Tribe to exercise its sovereignty and protect the natural resources. The Project Manager, partners and team members will be responsible for completing the project and continue to assess objectives to the Tribe’s long-term goals to achieve energy independence while further developing and implementing mitigation strategies towards the Tribe’s Emergency Preparedness Plan. If you have any questions, feel free to contact Daniel Wiggins at Air1@badrivernsn.gov. 17, 2019 the Tribal Council authorized a purchase agreement with the State of Wisconsin DNR on all the parcels within the Reservation owned by WDNR in Iron County. The closing will take place in 3 groups of parcels, starting in the next 45 days, as title issues are addressed. This land acquisition will help us better protect and restore Graveyard & Bell Creeks, cold water trout streams, and connected waters. Page 8 tinuing educational outreach about the project review process and various ordinances, including a working session with Tribal Council, a display at the NRD Open House, newsletter articles, and a postcard mailing to all owners of fee lands within the Reservation boundaries. (We are currently working on a mailing for all those who have interests in trusts lands.) Aspects like open lines of communication, accurate and complete information, transparency, and forethought regarding review and permitting timelines for non-emergency projects are key for a smooth project review and permitting process. Thus, we encourage applicants to provide as much information as possible on their applications and to promptly respond to questions or requests for additional information as we at NRD work to make our process more transparent and easier to understand for applicants. Working together we can continue to protect and restore resources for the seventh generation while providing for the needs of the current generations. We encourage Environmental Program display at NRD Open House discussing the Project Review process.” feedback from applicants who have gone through the project Please contact the NRD Office with questions review process, and questions from anyone and comments. interested in learning more about the process. Gena Abramson, Forestry Specialist W iigwaas remains an important part of the culture at Bad River (Mashkiiziibii). The moratorium (2016) on birch gathering has curtailed some of the cultural activities associated with birch for some members. Unfortunately, the act of overharvesting by a few has impacted the community as a whole. Our Natural Resources Department is actively trying to address this situation. We have formed a work group that aims to develop recommendations to ensure a healthy population of birch on the Reservation. We also aim to unify the community members’ ideals and values regarding what it means to gather sustainably. Once we have a definite plan for birch management, we hope to bring our findings to the Bad River Tribal Council for their approval. As our community grows, sometimes forested areas need to be cleared of trees. When this happens, we open these areas for future development under the moratorium and require an We want members to speak up when they know of illegal birch gathering. It is not necessary to identify yourself when reporting illegal harvesting. We want opportunities to be there for all tribal members (especially the 7th generation). Birch needs to be protected on the landscape as it is in decline all across the region. Additionally, climate change is expected to have a severely negative impact on the birch population. Sustainable harvesting is very important. Please do not harvest more than you need. It is important to leave some for the next person. This is a great topic to discuss with the elders. Please reach out to them for advice. They will appreciate your respect for the land, the ancestors, and the 7th generation. access permit to gather birch. This allows our community Contact Forestry in the Natural Resources Department if you have any ques- members to harvest birch. tions or concerns. Page 5 Page 6 COMMON GROUND Page 7 COMMON GROUND Jessica Strand, Environmental Specialist The Natural Resources Department (NRD) began the project review process (in it’s current form) on August 1, 2018—and since we are a year into the process it is time for us to stop and reflect about what has worked and what hasn’t worked and how far we’ve come. As of September 9th, we have completed 53 initial project reviews and have another 14 that we are currently reviewing. On average, it has taken us 40 days to complete initial project reviews during this timeframe, though our project review packet lets people know we aim to complete the initial project review in 45 days. The longest it has taken us for an initial review has been 64 days, and the shortest has been a couple days when there has been an emergency review (clean-up of a spill associated with the truck crash on Hwy 2). Our review of projects has been ongoing through our from an initial review to project implementation. busiest times and during periods where we’ve had up to five vacancies in staff positions that are supposed to The average project requires additional steps to be completed before the provide reviews. We’ve reviewed projects with the bare applicant moves to implementation—sometimes this is in the form of minimum of information and others with all the inforadditional information that needs to be turned in, while other times in the mation form of permits we need Table: Summary of Projects Reviewed by Status that need to be and acquired. Very # of Initial Reviews others # of Projects Completely few projects are Application Type/Entity Under Review that cleared to proCompleted* Reviewed/Permitted change ceed with just 4 even as the initial proBad River Tribal Projects 25 11 we’re ject review 1 trying to Enbridge Energy since the Tribe 2 2 review seeks to mini2 them. Misc. Companies 4 3 mize potential We’ve impacts to the 1 reNorthern Natural Gas 7 5 environment for viewed every project, 4 Private Miscellaneous 1 1 very and oftentimes simple has ordinances 1 7 0 projects Residential Leases that require with conditional 0 Shoreline Riprap 5 1 little permits to enimpact sure this hap1 Xcel Energy 2 2 on the pens that need environto be applied for 14 Total 53 25 ment as well. and *Includes in the count the number of projects completely reviewed and permitted. more The initial recomview period, plus timelines associated with various ordinances and perplex projects that have larger environmental implicamits, are often where friction is generated between applicants and NRD. tions. These scenarios, and many others, contribute to Friction seems to be generated due to confusion about the process/ how long our initial reviews of projects take. They also permits and a dislike of how long it takes from the start of a project recontribute to how easy it is for an applicant to move view to implementing the project. Thus, NRD has been working on conContinued on page 8 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Abad_river_chippewa%3Ab894a41e6046617c. Public record. Not legal advice.