Fort Hall Business Council members listen to membership at the Annual Meeting Saturday, July 31.
By LORI ANN EDMO
Sho-Ban News
FORT HALL — Shoshone-Bannock tribal members present at the July 31 Annual Meeting voted against two resolutions after a quorum of eligible voters was reached at 10:51 a.m. and Fort Hall Business Council Chairman Devon Boyer called the meeting to order shortly thereafter.
A total of 7 resolutions were submitted but all were not considered because the quorum of eligible voters was lost after lunch.
The meeting began at 10:10 a.m. with tribal elder Alene Menta giving a prayer. It followed with Fort Hall Fire Captain Tony Saiz providing a COVID-19 update advising the FHBC implemented the face mask mandate again. He was asked if the Delta variant is present in the community and Saiz replied no. He noted local hospitals are full with COVID patients. There are currently 9 active cases, 966 total cases since the pandemic started, 935 recovered, one in the hospital and 22 deaths. He advised to do our part through social distancing and wearing masks.
Darrell Shay asked the council if there was a plan about the shortage of medical facilities for those that may need hospitalization? He said the Wellness Center keeps being talked about so getting well from sickness should be a part of it.
Chairman Boyer said there isn’t a plan but get vaccinated and stay active.
Marina Fast Horse said in the Tribal Law and Order Code there is a citation regarding communicable diseases. She said those who refuse to take the vaccination could be charged. “You have a law – enforce it,” she said.
Regarding the resolutions, Sherwin Racehorse asked why only three were in the packets when there were seven submitted. He also wanted to know why the resolutions were marked up such as Xs through some text? He said the manner of review doesn’t give the right to tribal attorneys to review and mark up. People put effort in drafting resolutions and he asked why the resolutions were marked up? Administrative staff handed out the other resolutions and many were marked up. Chairman Boyer said he didn’t’ know why they were marked up.
Tribal elder Dan Ariwite speaks.
The first resolution was read regarding 100 percent payout of the FMC funds of $40+ million intended for environmental cleanup and it would also amend the Tribal Waste Management Act to include health and economic use of the FMC payments to allow per capita payments in future disbursements. Sherwin Racehorse made a motion to approve with Nancy Eschief-Murillo seconding it. Discussion commenced.
Emaline George spoke in Shoshone noting tribal members are here to vote. All these years the process was followed and she’s never seen what the attorneys did today, “Violating our civil rights – we are the people of this reservation, we are the government.” The seven people sitting up there didn’t get there by themselves, “I hope it’s not a mockery.” She further said the attorneys disregard everything and the elections were shameful. She said we have civil liberties and we are a humble people.
Zelphia Towersap said there are problems and concerning leasing issues there is no one to help landowners. Ditches need to be rebuilt to provide water. Landowners need to get together and determine what tribal programs are doing for them.
Gaylen Edmo said he’s read the court documents and the FMC funding specifically talks about clean-up of natural resources and it will be a generational issue. That money is tribal money and is supposed to be used and directed by the tribal membership and tribal council. Those monies were specifically for containment and clean-up. Paying it out would be a mistake. He said the attorneys did a great job in the Ninth Circuit Court of Appeals as he was able to read some of their briefs. He wanted to hear from Paul Echo Hawk what’s happening with the case. He said the policies start with the tribal leadership – they’re the ones who give direction to the tribal attorneys and the tribal attorneys are the ones that take it to litigation.
Zannita Fasthorse-Pongah said the environmental staff did a lot of work on the case and the attorneys that won the case are those the tribal membership voted on.
Dan Ariwite said he worked at FMC. He said one they generated the hazardous waste on our reservation and two it is their responsibility to pay for the clean-up — it’s not our responsibility. A lot of waste is buried out there and hopefully they’ll take it all out. He said a lot of it is underground — they’re trying to leave it there and give us nickels and dimes. That money was given to the Shoshone-Bannock Tribes, “We are the people, not given to the Shoshone-Bannock business council to do with what they wish,” adding there’s that little clause in the best interest of the Tribes. He said it is our money people, for too long they have kept us very poor, they have squandered our money – they lost lands down in Las Vegas and look at this crazy deal they have in Mountain Home.
Louise E. Dixey said she thinks about her grandkids. “This is our teviwa — this is our last homeland and we have to take care of it. The argument made through the court and Danny made it clear, he’s an expert witness, he saw what was put into the ground all the more reason why we need to clean it up. “FMC is not going to give you any more money. We had to go to the Ninth Circuit all the way to the Supreme Court to make sure they paid what they did to clean it up – there’s not going to be any more money. I see it now at the Bottoms, go take a look down there, it’s nothing like it used to be — everything is all dried up, all of our native plants are disappearing, all the contaminants in the water are coming from FMC.” She said it’s coming through the Portneuf underground ending up in our Bottoms water. The Portneuf River starts on the reservation and ends here along the way it’s picking up all the contamination. “The taivos they don’t care they’re even willing to let Simplot expand put more slag out there that’s more contamination on our homelands,” she said. “Keep in mind we are here for the rest of our lives — we’re not going to get another reservation we’ve got to clean it up and the only way we are going to do that is we have these different awards of money,” she continued. “I’m willing to forego any type of money if we do what we can to clean it up because all of the fish just below the Cedars the fish are full of mercury from FMC – there’s underground water in that area that is contaminated. I know our old timers they made sure we had a home here. She said natural resources damages need to be filed against FMC and J.R. Simplot.
FHBC member Nathan Small said they’ve been fighting EPA (Environmental Protection Agency) to force FMC to clean up the area. “What’s stopping us from finally going forward is EPA gave us an interim Record of Decision and it kind of puts on hold until it makes a final decision,” He said the Tribes plan from back then and hopefully still are our plans is to sue EPA from allowing FMC to continue to contaminate our land that everybody is talking about. “It’s not like we aren’t doing nothing, we are doing something and it’s just a long drawn out process that’s taken forever.” He added the FMC money took 25 years before the Tribes finally got it. “It just don’t happen overnight.” He said they have staff people in the environmental department that continue to advise them and the attorneys. “It’s not just one effort — it’s a big effort.” He further explained the situation involving the $40 million but the Tribes continue to let the federal government waste needs to be cleaned up. Small said the EPA allowed FMC to cover it up and not clean it up. He said if the money is paid out that’s it, there’s no more money.
Sherwin Racehorse said he’s read the Waste Management Act and wants to know how much is in the fund since Kelly Wright is the manager of it. It is possible to amend the Act. He noted the Gay Mine has not been cleaned up. He called for question on the motion.
Cecil Broncho said good attorneys are needed to fight FMC and hopefully can win.
Larry Murillo suggested having a conference to explain the whole FMC issue with the community involved.
Claudia Washakie said back when she worked for Tribal Youth Education, she took five students to Washington D.C. where they learned much about the FMC issue. They found out the Tribes could have received more money for the clean-up. She mentioned a Rolling Stone story that was written about it.
A quorum of eligible voters was reached at 10:51 a.m.
Virginia Monsisco, an employee of Environmental Waste program since 2000, said there’s a lot of people who aren’t aware of what the staff goes through. She said Susan Hansen has done a lot of work, along with Kelly Wright who helped with the Hazardous Waste Management Act. They’ve also been fighting for the Tribes treaty rights. She said there’s a lot of mining happening out there and mentioned the stibnite mine’s impact on the South Fork of the Salmon River. She encouraged tribal members to think of their future when gathering or hunting for subsistence.
Tribal attorney Paul Echo Hawk said in 1998 FMC made an agreement to pay permit fees with the Tribes. The Tribes hired him to file against FMC in 2005 for failing to pay the annual waste fee. However, FMC did pay it from 1998 to 2001 but stopped paying after they shutdown the company in 2001. They didn’t pay for four years so he was hired. The Tribes first went to federal district court and won. FMC appealed to the Ninth Circuit Court of Appeals and it was sent back to tribal appeals court. In 2014, after a two week trial, a judgement was entered for the Tribes of about $20.5 million. FMC appealed to federal district court and the judge ruled in favor of the Tribes. FMC then appealed to the Ninth Circuit Court and the Tribes again won in 2019. FMC then appealed to the Supreme Court but was refused so the decision in the Ninth Circuit became law. Echo Hawk said, “The argument that we made is this permit fee is to be used for environmental purposes consistent with the Hazardous Waste Management Act — way it stands, it’s very specific how the permit fees are to be used. From what I see from the resolution it would be paid out that is not consistent with the Waste Management Act.”
Echo Hawk said the Tribes received about $32.2 million from FMC that covered their non-payment from 2002 all the way to the present. Part of that decision is as long as that waste is on the reservation, FMC has to pay that $1.5 million a year. “You’ve heard about the life of the waste, there is no current plans to dig that waste up. If this resolution is approved that will jeopardize future payments, he continued. “The job of an attorney is to give advice, my advice to you is if you want to see the future payments for years to come then don’t approve a per capita payment that would jeopardize the legal decision we have in place.”
Environmental Waste program manager Kelly Wright said he takes offense when he’s called just a taivo because he has a grandchild that is enrolled. He said he got the Waste Management Act done. He said the Tribes were misinformed in 2001 when the Pond 18 money was received allowing the waste to be capped. It’s leaking and the program staff know the concentrations are high. FMC said the Tribes allowed it to be capped. It will be toxic for 10,000 years.
Denell Broncho asked what the process is for amending the Waste Management Act while still keeping enforcement? She would like to know the process for amendments and public comments if per capita payment has to be consistent with the Act.
Gary Watson commented it’s really unprofessional what was done to the resolutions and it should have been explained. He said if the Tribes are taking EPA to court, make them pay.
The vote on the first resolution commenced at 1:15 p.m. with 50 in favor and 117 opposed so the motion failed.
The second resolution was about Gaming per capita and it be paid out immediately that is 40 percent of the Gaming Revenue Distribution Plan. Nancy Eschief-Murillo made the motion to approve with Darrell Shay seconding the motion. Discussion commenced.
Members vote on one of the resolutions.
Tribal Finance Officer Michelle Han said the money is there and is scheduled to be paid in December. Denell Broncho asked what happened to the June payment and Han explained revenues were significantly down because of the pandemic so it was determined to wait until December and there is only one payment. FHBC member Small said it was a difficult decision. It was hoped that the American Rescue Plan payment would hold people over until December.
The vote was at 1:47 p.m. and it was 61 in favor and 104 opposed so the motion failed.
FHBC member Marlene Skunkcap noted that people who are on Social Security, their funds are affected when a per capita payment is made.
Discussion started on a Wellness Center resolution but it stopped once the quorum of voters was lost. There was 140 people present at 2 p.m.
Delicia Dann wanted to bring attention to the council about Eagle Lodge as the shelter was blown down by the wind. Funds need to be put back into the area and she suggested having a yard sale or some type of fund raising to have a better environment.
Alene Menta talked about resolutions and how they were done a long time ago when they would go to the districts to explain them. She said the leadership needs to keep talking about what they’re doing and provide solutions.