Image provided by: The Confederated Tribes of Warm Springs; Warm Springs, OR
About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (April 13, 1979)
APRIL 13,£i9 7 9 P A G E 7 - ' ATNI Spring Conference Close-ups Jurisdiction and Sovereignty: Limitations on a tribe’s jur isdiction over those within reser vation boundaries became a sore topic at the Affiliated Tribes’ spring conference. Only months before, the Yakima lost a court case challenging the State’s part ial criminal jurisdiction on the reservation under Public Law 280. And just days before the conference, three tribal police were shot in a tavern incident while responding to a call that was technically outside their jurisdiction. But delegate Roger Jim said his tribe was not about to remain a loser. “The court reaffirmed the state’s responsibility in eight points of law,” said Jim . And the Yakima Tribe is going to hold the state to that responsibility. Jim described a pilot effort called the Unified Service Pro ject, whereby the Yakima Tribe would provide law enforcement services for the whole reserva tion under contract with the State. Yakima has a large en forcement program and the state apparently has no funds for a reservation patrol, noted Jim, so the Unified Service Project would fill the gap in services as well as prove Yakima’s commit ment to protecting life and property on the reservation. Jim recommended that des pite P.L. 280, tribes moved toward improving law and order programs on their reservations. According to Sho-Ban attor ney Larry Echohawk, the rea soning behind the passage of P.L. 280 in 1953 was the inade quacy of law enforcement sys tems on reservations. “That reason no longer exists,” said Echohawk, but the reservation programs will have difficulty making further improvements while states continue to exercise jurisdiction. A panel on law and order took up on this theme, stressing the importance of improving the image of tribal courts. Sho-Ban associate judge Clyde Hall des cribed his tribe’s efforts to update its law and order code and turn the “trouble court” into a respected reservation justice system. Tribal Courts are weak ened by the fact that not only off- reservation agencies fail to re cognize them but Tribal mem bers themselves view them neg atively. Sho-Ban prosecutor Blaine Edmo was optimistic about the future of Tribal courts as long as training and education were emphasized, tribal members prepared for legal careers, and judicial powers kept separate from executive. Sho-Ban councilman Ber nard Eschief name two prere quisites for a tribe’s effective assumption of full jurisdiction on reservations. First, a tribe must be recognized as a government Backlash Bugaboos Are Keys to Tribal Strength with sovereign powers. And se cond, Indians and non-Indians both must be educated in the area of federal Indian law. Sovereignty proved to be a catchword for the conference, a rallying point for those asserting treaty rights and pushing for economic and social develop ment. Sovereignty was also re cognized as perhaps the most troublesome ingredient of the backlash problem. The status of Indians was created by the Federal government, often de ceitfully, observed Roger Jim, and then never explained ade quately to citizens. Such mis understanding has resulted in the negative reaction of non- Indians to the Indian assertion of rights, as evidenced by groups like the Interstate Congress of Equal Rights and Responsibili ties (ICERR). Although a member of ICERR was not on the backlash panel, conferees heard from a private citizen who received ICERR assistance in his land dispute with the Yakima Tribe. As a deeded landholder on the checkerboarded Yakima Reser vation, the man felt he should have free access to his land and the right to develop it as he saw fit, despite a new Yakima zoning ordinance. The result has been a lawsuit with which ICERR is assisting. “ ICERR is not anti- Indian,” he said, “I t’s made up of people who have had problems similar to mine.” Both he and Jim recognized that this was just one of many equally awkward arrangements created by Congress when it allowed for the purchase and settlement of reservation lands by non-Indians. Tribal sovereignty was fur ther challenged when delegates received word that H.R. 9950, the Omnibus Indian Jurisdiction Bill, fathered by Lloyd Meeds in 1977, had been reintroduced by Rep. Arlan Strangeland (Minnesota). In an explanatory letter to his “direct conflict between Indian tribal aspirations and constitu tionally protected rights of non- Indians.” His bill would guarantee a tribe civil jurisdiction over its members but not over non-mem bers on the reservation. H.R. 9950 is, in Strangelands words, a “middle ground” approach to resolving the “confusing and complex area of law (that) has developed regarding Indian affairs.” Indian tribes see it dangerous threat to their sover- Tribal delegate Gene Greene listened closely to ATNI discussions. Spilyay Tymoo Photo by CDS Room For Improvement In Tribal-Local Government Relations Improved communication with local governments was a thread running through the spring conference of the Affili ated Tribes of Northwest In dians. Due to the location of the conference, participants gained insight into the local problems and successes of such relations. The panel portion of the conference opened with a discus sion of state-tribal relations led by Dan Emborg, assistant to the Governor of Idaho. “We in the state of Idaho are very proud of the Shoshone-Bannock people,” said Emborg. “What they have is the result of hard work. They are citizens of our state and we want to provide the best that we have.” Emborg went on to cite the “considerable activity” in the Governor’s office with regard to human services and the encour agement of economic develop ment. The Governor’s office has a new tribal liaison and an Indian graduate student working on economic development matters. Although the governor has gone on record' as supporting treaty rights (“They are law” ) and the Indians have done a “superb job” of preventing tense relations, according to Emborg, there are improvements needed in communication. Three propo sals have been considered re cently, he explained. First, the tribes have recommended the hiring of a liaison who is Indian, unlike the new liaison who has Indians added to her already large responsibility in the area of human rights advocacy. A se cond plan favored by the Lieu tenant Governor and the Nez Perce tribe is a legislative committee similar to Oregon’s Commission on Indian Services. A third alternative, not popular among anyone other than local governments, is a governor-ap pointed committee made of rep resentatives of local govern ments. Emborg pointed to progress in the last several years in state- tribal relations, resulting in a degree of informal cooperation. The relationship needs to be formalized, said Emborg, so that the participation of the five tribes in decision-making will continue. State legislator Is Merrill told the conference that he had recommended legislation estab lishing a special state committee for Indian affairs. Merrill, who also manages the Ft. Hall Trad ing Post, said the committee would most likely hold hearings at each reservation to identify the differing needs and issues of Idaho’s Indians. Bannock County Commis sioner Seth Neibauer attended all three days of the conference and relieved some of the fear he had felt upon accepting the invitation. “Some of the speech es were scary,” he admitted, but he found that people were gener ally “friendly.” Constitutional rights that In dians and non-Indians have in common can result in conflict, said Neibauer, who cited three ways to resolve disputes: by Congressional action, in the courts, or through local agree ments. The ambiguous definition of “sovereignty” must be resolv ed in Congress, he feels, but Communication can be improved on a local level. Currently hard feelings exist because a minority of non-Indian landowners on the Ft. Hall Reservation are not represented on the Ft. Hall Land Use Planning Commission, ex plained a local. Meetings are open to visitors, said Neibauer, but more formal participation and communication is being sought by such groups as the Idaho Association of Counties. Tribes look for greater trust commitment For most Indians, the gov ernment’s continued exercise of its trust responsibility is the launch pad for self-determina tion. As ever, delegates to the affiliated tribes spring confer ence were concerned about the government’s commitment to that trust. Special guest speaker Leo Krulitz, solicitor for the Depart ment of Interior, announced the drafting of an official statement on trust that is now being circulated among Indian lead ers. Originating from the Attor ney General’s office, the state ment formally recognizes the Warm Springs Chief Amos Simtustus spoke of ATNI as the strongest of special relationship. that exists Indian organizations. Spilyay Tymoo Photo by CDS between the federal government and Indian tribes. Krulitz described Attorney General Bell and the Interior as. having “one voice” on Indian issues. Bell’s statement, which some Indian leaders feared would limit as well as clarify the government’s role as trustee, spells out the ‘legally enforce able obligation” of the govern ment to perform a guardian function and support the laws enacted by Congress for Indian tribes. In addition Bell did not see a conflict between the govern ment’s special duties to Indian tribes and its responsibility to other American citizens. Krulitz later noted that al though Indian tribes enjoy sover eignty, it is a dependent status totally within the descretion of Congress and without constitu tional protection. “My serious concern is that . . . Congress, to correct the excesses (increased demands from Indians) may throw out the baby with the bath.” The solicitor suggested that tribes watch for warning signals of a changing climate such as the introduction of anti-Indian legis lation, adverse court decisions and the loss of friends in Con gress. Some methods of assert ing sovereignty could increase hostility, said Krulitz, and tribes must use sensitivity and creativi ty in their efforts to exereise their rights.
