As a part of the 30-day public comment period on a settlement agreement between the U.S. Department of Justice, U.S. Environmental Protection Agency, Elem Colony and Bradley Mining Co., on behalf of the Elem families residing on the Elem Reservation, I will formally submit testimony to the Department of Justice and formally notify the federal government agencies and U.S. citizens that the true living Elem Reservation residents and community members formally reject and totally disagree with the current Department of Justice settlement agreement as prescribed, for the following reasons.

If the current settlement agreement is approved it will be a travesty of the federal justice system, violation of Indian Civil Rights Act and Indian Self-determination while undermining the protection of natural resources and tribal sovereignty and is a setback of environmental justice, a denial of fair and equal compensation to the living surviving Elem members and families for their lifelong pain and suffering and loss of tribal lifeways (gathering of healthy foods and fish).

The 380 acres the tribe gained in the settlement is only a small fraction of the tribe’s total aboriginal lands that were directly lost due to the mining operations.

Further, the $50,000 for the tribe is a financial insult, and should be viewed as bribe money, so the tribe will not file another lawsuit for EPA’s 106 violations in 2006, with the cleanup resulting in damage that has been estimated at $10 million.

The settlement agreement will cover up and deny the direct trusteeship of the Bureau of Indian Affairs and the environmental responsibilities of our own so-called premier agency, the U.S. EPA.

The Bureau of Indian Affairs is formally the tribe's trustee and the EPA is the premier environmental agency; they must take responsibility for their direct violations!

In 1971, the BIA/Central California Agency while providing the Elem tribe with a new housing, road and water project purchased the toxic mine tailings from the Bradley Mining Co.! In addition it did not comply with Section 106 of the National Historic Preservation Act.

The BIA/CCA agency has politically created division in the tribal leadership. For example, since 2008 – due to an election dispute and audit – the BIA has shut down all services to the Elem tribal members and community.

We have a newly funded HUD (2005) community center that is totally shut down since 2010, along with no existing tribal health or social services available to the Elem members residing on the reservation lands and community.

Most of the current officials who agreed to this illegal settlement agreement don’t even live on the Elem Reservation or even in live in the county and they appear only to want to divide up non-gaming funds.

Elem members who live on the Elem Reservation who disagree have been formally barred from attending Elem General Council tribal meetings addressing this settlement and have been formally excluded from exercising their voting rights and excluded from sharing tribal non-gaming funds, which is a direct violation of our tribal and civil rights.   

In 2006, the U.S. EPA’s Superfund Cleanup Project at Elem, Sub-Contractor (CH2MHill) also, did not comply with Section 106. Seventy cubic yards of prehistoric and historic cultural soils and cultural artifacts were destroyed. They want us to only except $50,000 to not file another lawsuit?

In, addition the U.S. EPA Superfund manager interfered with tribal sovereignty and government operations when he created a conflict of interest by hiring the Elem advocate, NAGPRA Coordinator and Tribal Historic Preservation Officer.

In 2005 I was appointed Elem tribal historian. I have also served my tribe as an elected official and in 1999 as tribal chairman signed the California Gaming Compact. I was the tribal administrator (Elem tribal member) in 2006 who informed the office of Historic Preservation of the U.S. EPA violation, and then once I exposed the conflict of interest created between the US EPA Superfund Manager and the Elem tribal chairman, I was terminated by the tribal chairman in 2007.

I will be formally submitting and requesting this immediate amendment to the settlement. In addition, I am considering requesting formal compensation for my loss of employment that resulted from the EPA Superfund Manager’s conflict of interest.

On behalf of the Elem tribal members and residents of Elem Indian Colony, We formally request the following financial amendments to the Elem settlement agreement.
 
New settlement agreement:

• $3 million to purchase Rattlesnake Island (to forever preserve the ancient homeland tribal village and sacred site for the tribe).
• $1.5 million to build Elem museum/cultural center (fund, operate museum and cultural center for tribe and public).
• $1.5 million for an Elem health/wellness center (fund health & wellness center for tribal members).
• $2 million for Elem tribal members' ($50,000 each) financial compensation for lifelong pain, suffering and loss of life ($500,000 higher education, employment and training fund).
• $1 million for sacred site protection and development of a tribal land trust organization and for the purchase and operations of Anderson Marsh State/Tribal Park for public access.
• $1 million payment to and for the Lake County citizen’s benefit (food kitchen, homeless shelter, farmers markets, organic gardens, etc.).

Grand total: $10 million settlements.

Jim Brown III is an Elem-Modun tribal member. He lives in Clearlake Oaks, Calif.