Legislative Affairs Update

The Environmental Protection Agency (EPA) recently acknowledged the tribe's authority to set Water Standards for Coeur d' Alene Lake. The tribe now has Treatment as a State (TAS) status through EPA regulations as well as the Clean Water Act. TAS status acknowledges the tribe's sovereign authority over its territory.

Recently, the tribe sent a letter to Congress regarding the Native American Connectivity Act. The Act intends to improve telecommunications on Indian lands by providing block grants to tribes. The letter conveyed the tribe's interest in the issue, but also shared concerns the tribe had to certain provisions in the Act. The Act would require the tribe to appoint a person to act as a Federal Officer to work on National Environmental Protection Act (NEPA) requirements. This person would also be subject to Federal Court jurisdiction as proscribed under NEPA. We felt this would impede on the tribe's sovereign immunity, and would cost the Tribe too much money to comply with NEPA.

Recently, local county commissioners met with Counsel to the Governor to share their concerns about the tribe to the Governor's office. The article's title said the meeting was regarding the tribe's TAS status. However, the article had little to do with substantive issues. Legislative Affairs felt that the commissioner's comments unfairly attacked the tribe. Legislative Affairs felt that the tribe needed to quickly respond to these remarks, so a press release was sent to local newspapers highlighting the many contributions that tribe has made to the local communities, including these commissioner's counties. We received very positive press from our release.

Legislative Affairs also sent out letters to the county commissioners as well as the Governor that reminded them of the tribe's sovereign authority over its territory. The letters also explained our concern that the tribe was not invited to attend this meeting, as the Chairman has extended an open door policy. The letter reiterated this policy and encouraged these officials to use this policy in the future when working on common interests.

Currently, Legislative Affairs is drafting a letter to send to Congress regarding a proposed amendment to the Native American Graves Protection and Repatriation Act (NAGPRA). The amendment is a response to a Federal Circuit Court ruling that severely limited the intended meaning of Congress of who is a Native American in reference to NAGPRA. The ruling came down in Bonnichsen vs. United States, the case regarding the remains of "Kennewick Man". The letter conveys the tribe's support of the proposed amendment as well as the Department of Interior's lack of consultation with Indian tribes when forming their official policy.

The tribe has received multiple calls about whether or not the tribe is planning on donating to the Hurricane relief effort. The tribe can donate through the American Red Cross, online or by phone. Their website is www.redcross.org. Millions have been affected by this hurricane, including tribes in the Southeast. NCAI has also set up a relief fund, and proposes that tribes donate through them to show a unified Indian country in the relief effort.