FHBC attend Wyoming Legislature Select Committee on Tribal Relations meeting
Wyoming Legislature Select Committee on Tribal Relations attendees.
By YVETTE TOWERSAP TUELL
Office of Public Affairs
RIVERTON, Wyo. – On August 19 and 20, members of the Fort Hall Business Council attended the Wyoming Legislature Select Committee on Tribal Relations, in Riverton Wyoming.
Council members Ladd Edmo and Elma Thompson attended to hear updates on the Wyoming v. Herrera case and continue the Tribal leader-to-leader relations with the Eastern Shoshone Tribe. Eastern Shoshone Tribal Chairman John St. Clair said, “I would like to welcome the Bannock Tribe to our reservation, because they share our Fort Bridger Treaty.”
The two Tribal Liaisons to the State of Wyoming, Lee Tindore for the Eastern Shoshone, and Cy Lee, for the Northern Arapahoe, reported verbally to the Committee on the progress of various topics. Emily Soli, who works for the Wyoming Governor’s Office, also provided an update on Statewide developments that impacts the tribes.
The agenda included COVID-19 issues and funding, solid waste problems on the Wind River Reservation, tribal water rights and irrigation, ARPA funding discussions, archeological artifacts and fossils, State economic opportunities available to the tribes, disease management for elk and bison, truancy issues, and general reports from the Tribal Chairman’s of the Eastern Shoshone Tribe and the Northern Arapaho Tribe.
Wyoming Governor Special Counsel Emily Soli provided an update on the recent visit by DOI Secretary Deb Haaland to the Wind River Reservation in mid-August. She also gave an overview of the two Wyoming vs Herrera cases. The first case, in the State court, the Wyoming v. Herrera continues to work its way through state upon remand from the US Supreme Court. Ongoing unresolved questions include: what is the definition of “unoccupied lands of the United States”; what, if any, state regulations can be imposed onto the Treaty right and how does conservation necessity apply; and has these questions already been answered via preclusion.
In the second case, she reported that the Crow Tribe had officially reopened the 30-year old Crow Tribe of Indians v. Repsis case in federal court. They are seeking to vacate this outdated decision after the 2019 US Supreme Court ruling that upheld the Crow Tribe’s off reservation hunting right. The Native American Rights Fund (NARF) is representing the Crow Tribe in the legal proceeding. It is expected that it will take at least a year for that legal appeal process.
Chairwoman Affie Ellis (R-District S08) questioned why the State Legislators have not addressed these questions and developed legislative solutions, rather than waiting for the courts to decide. Ms. Soli explained that the Governor’s office position is that it is premature for compact discussions until the courts provide guidance on occupation and conservation necessity. The Governor’s Office has conducted research to see how other tribes and states have developed compacts that meet each of their needs. Soli explained there are two potential pathways available--where legislation is done first before a compact is done, or when a compact is developed first, and the legislators approve. Chairwoman Ellis pointed out that this may drag on for another ten years, and meanwhile the State’s conservation goals are not met, and the Tribes would have to decide to test the boundaries. Public comment period immediately followed.
Chairwoman Ellis welcomed the Shoshone-Bannock Tribal representatives, “I remember you from attending previous meetings, and I welcome you.” Councilman Ladd Edmo thanked the committee for allowing the Shoshone-Bannock Tribes to comment. He stated that the Tribes are following the Treaty rights cases for off-reservation hunting in Wyoming. The Tribes have our own self-regulation for our membership hunting, including seasons and tags. He reiterated the offer to present to the Select Committee on the off-reservation treaty rights of the Shoshone-Bannock Tribes and on our relations with the State of Idaho as a model to structure future off-reservation treaty hunting. The Select Committee was interested in learning how the State of Idaho and the Shoshone-Bannock Tribes work together and thanked Councilman Edmo for his remarks.
The Wyoming Legislature Select Committee on Tribal Relations meets regularly with the Eastern Shoshone Tribe and the Northern Arapaho Tribe.
