The Environmental Justice Foundation (EJF) is a non-profit volunteer organization aiding Native Americans and minority communities targeted for disposal of hazardous and nuclear waste. EJF provides public awareness and education on these issues, bridging impacted rural communities with the dominant society and seeks resources for legal defense.

EJF's current focus is with the tribes in Utah; primarily the Skull Valley Band of Goshutes located 60 miles southwest of Salt Lake City, Utah. The Bureau of Indian Affairs (BIA) has treated Goshute tribal members egregiously during a Nuclear Regulatory Commission licensing process. Within three days, the BIA signed away tribal sovereignty and civil rights by approving a high-level nuclear waste facility. There are no BIA administrative records that explain why the BIA waived the Goshute's rights. Unauthorized persons, led by Leon Bear, purporting to represent the Tribe, signed the Private Fuel Storage (PFS) lease agreement. PFS is a limited liability corporation (LLC) composed of a consortium of eight utility companies. PFS has targeted this small reservation for the construction of an open air, above ground high-level nuclear waste facility designed to store 40,000 metric tons of high-level irradiated spent fuel generated from the nuclear power plants contained within 4,000 dry casks. If built, high-level nuclear waste will be transported through 43 states and left unprotected from terrorist attacks and unsound environmental conditions. This proposed facility will significantly affect all Americans and therefore warrants national consideration. Licensing decisions could dictate national policy denying full public participation and due process as well as usurping state rights. The Utah Governor, state legislature and population at-large adamantly oppose this facility. Many state lawsuits were initiated, but were thrown out because the state has no jurisdiction on Indian reservations. The state has been denied standing. Corporations are abusing tribal sovereignty.

Either through incompetence or misdealing, the BIA has failed in their fiduciary duties and trust responsibilities. Goshute tribal members have submitted allegations of embezzlement of tribal funds, bribery, and corruption to proper BIA officials concerning the purported PFS lease agreement. Yet the BIA continues to support Leon Bear, despite Tribal elections which have rejected him. Throughout the time period of the purported lease agreement, the BIA ignored all legitimate election results, which did not conform to Leon Bear being retained in office, but instead recognized improper elections purportedly supporting Leon Bear, which were improperly conducted and were in any case invalidated by the blatant presence of bribery and corruption. The BIA never responded to election documentation demonstrating the will of the Goshute People after a valid tribal election was held September 22, 2001. The BIA continues to ignore this latest valid election and again maintains support for the illegitimate Bear regime. Additionally, formal requests to F.O.I.A. (Freedom of Information Act) to obtain BIA records and the PFS lease agreement has never been acted upon or responded to, regardless of a federal mandate of a 21-day response. There has been no response to a 75-page declaration written by Sammy Blackbear and other tribal members, a submission of allegations with detailed and comprehensive evidence supporting these allegations of BIA misbehavior. These issues stand in the Central District Court in Salt Lake City Civil No:2:01CV0317C.

Members of the Tribal General Council of the Goshutes, the acting legislative body, were excluded from participating in the licensing process and denied complete access to the PFS lease agreement, including facts pertaining to the health, welfare, safety and tribal liabilities with the proposed facility. Tribal members were coerced or expected to sign undisclosed documents relating to the lease. Additionally, the tribe never voted for approval of the lease or facility. This lease has been the sole interest of Leon Bear and Bear's former attorney, who initially introduced the deal to the tribe. Leon Bear has acted alone without the authority of the General Council and without their consent.

Bureaucratic processes and appeals have been exhausted and abused. The Environmental Justice Foundation asks for public support and involvement in defending the sovereign and civil rights of the Goshute People. Your civil rights have essentially been challenged as a result of the BIA approval of the purported lease. EJF needs private sector resources to continue public awareness and education, to keep the Blackbear Declaration and contentions before the Nuclear Regulatory Commission, and to advance the Blackbear Lawsuit, bringing the merits of the case to federal court. Impoverished people inflicted with economic survival cannot compete with multi-million dollar corporate campaigns that manipulate and target them. Precedent will be set for other tribal sovereignties and impoverished communities that have no legal resources, background or political clout to stop unethical activities sustained through corporate money. Corporations must be held accountable as to how ratepayer money is spent. Is the money from our electric bills being utilized for bribery and other criminal activity?

This issue must be bought before perspective federal delegates to stop this sort of environmental injustice. The Secretary of Interior, Gale Norton, must address the malfeasance of the BIA. The Nuclear Regulatory Commission must review the contentions within the Blackbear Declaration alleging criminal activities on the Goshute reservation. The licensure of the PFS /Goshute nuclear waste facility should be denied when these issues are in question. We urge the public to contact the Senate Committee on Indian Affairs to look into these matters. Congressional oversight needs to be initiated to assess these issues.

No state or territory of the United States wanted to host a nuclear waste facility. This "not in my backyard" attitude is a global dilemma and must be addressed. Targeting and parking deadly materials on Indian Reservations is not the solution to the nuclear waste problem, especially when the targeted Indian population has not given their permission and will not receive any of the benefits and will remain disadvantaged, with the additional burden of the opprobrium of the waste in their midst and the effective loss of their Tribe. Sovereign instability and economic survival of impoverished minorities should not be the consideration for where nuclear waste is place. Environmental injustice cannot be tolerated.

Contact:
Environmental Justice Foundation
Anne Sward Hansen, Trustee, EJF: 801-763-0551 / ahansen631@aol.com
Sammy Blackbear: 801-201-6462 / visionsv@hotmail.com