Tribal Report of the Northern Cheyenne Nation - August September 2006 Front Page

On August 21st, 2006 Land Authority Committee Chairman L. Jace Killsback presented an Ordinance for adoption that would establish a reserved tract of reservation lands for the restoration, expansion & management of the Tribe’s buffalo herd as a cultural priority, health benefit & economic opportunity. It is known as the “Buffalo Land Reserve Ordinance.”

This year, due to the end of funding from the United State Department of Agriculture (USDA), Natural Resources Conservation Services (NRCS) and the State of Montana for the Tribe’s Tongue River Enhancement Project, which also funded the Buffalo Project, the Land Authority made a special allocation of $50,000 to the Natural Resources Dept. to continue the duties and functions of both projects. The previous tribal administration did not have a backup plan nor did they secured any additional funds to continue maintaining the multimillion dollar water pipeline or manage the Tribe’s buffalo herd.

In January 2006, the Land Authority raised grazing permits fees for tribal lands from $8.25 to $14.75 and significantly increased the General Fund Budget’s revenues. Originally, the Land Authority planned to use such funds to hire a Rural Officer or “cow cop” for the reservation to enforce tribal law and policy that pertains to livestock grazing. However, due to the urgent need to continue the Buffalo Project and Pipeline Project, the Land Authority agreed the to prioritize funding for the projects.

Land Authority Committee Chairman Killsback, Natural Resources Dept. Director Allen Clubfoot, Buffalo Manager Morris Bement and Program Administrator Mark Roundstone attended a working meeting with the Inter-Tribal Bison Cooperative

(ITBC) to discuss tribal shares for available funds and to update the Tribe’s Buffalo Project Management Plan and grant proposal. In the past ITBC funded the Tribe’s Buffalo Project at around $100,000 each year from 2002 through 2004, with the stipulation that ITBC grants are not be used for salaries and the Tribe provide in-kind cost to match the funds. ITBC receives its funding from the Department of Interior, BIA budget as a special appropriation. This money is then given out in the form of grants to Tribes who are members of ITBC and who meet all grant requirements and deadlines.

This year, the United States Congress made dramatic cuts in funding for ITBC. At the meeting with ITBC, the Tribe was questioned why the Buffalo Project did not take advantage of this funding opportunity since it done so in the past. The Tribe discovered that due to the recent end of the Tongue River Enhancement Project all communications and correspondences with ITBC stopped. As a result, in 2005 the Tribe lost out on $70,000 for the Buffalo Project because no follow-up was done with the grant proposal or with updating the Tribe’s funding requirements. The good news, following the meeting with ITBC the Tribe was now eligible to receive up to $70,000 for its Buffalo Project this year despite already missing a number of crucial deadlines.

On August 7th, 2006 the Tribal Council replaced Matthew Two Moons, Sr. and appointed Joe Fox, Jr. to serve as the Tribe’s Representative for ITBC in order to access technical assistance and financial support. On August 21st, 2006 the Tribal Council passed and approved the Tribe’s Buffalo Management Plan and the ITBC 2006 Grant Proposal for $70,000. To date the Tribe’s Buffalo Project has an approved operating budget of over $95,000 and is seeking more funding resources to accomplish short-term and long-term goals.

Tribal Report of the Northern Cheyenne Nation (Page August/September 2006 Vol. I No. 9), page 1.

Northern Cheyenne Nation to be “Treated As a State” When it Comes to Water Quality

David Millegan [Environmental Protection Department Director]

Birney, N.C. Nation—Dave Millegan, President Little Coyote, and William Walksalong on the Birney bridge above the Tongue River.

David Millegan [Environmental Protection Department Director]

August 11, 2006 marked an historic event in the Northern Cheyenne Tribe’s long standing battle for sovereignty and independence from the federal government. When the United States Environmental Protection Agency formally approved the Northern Cheyenne Tribe’s Treatment as a State (TAS) Application for the authority to establish and implement a federally recognized Water Quality Standards program on the Reservation, the Tribe gained the authority to regulate tribal and non-tribal entities whose actions could potentially degrade the quality of surface water on the Reservation.

Under the Clean Water Act, States are automatically granted authority by the U.S. Government to establish and implement Water Quality Standards Programs in order to protect surface waters within the State. Tribes, however, must submit a jurisdictional argument to become eligible to be treated in the same manner as a State for the purpose of implementing a Water Quality Standards Program. As part of this argument, Tribes must show that development activities, current or anticipated, affecting surface waters on the Reservation have the potential to harm the Governmental functions, economics, or health and welfare of Tribal members residing on the Reservation.

The application process initially began in January of 2002 when Tribal representatives met with EPA representatives in Denver, CO to discuss the application process and requirements. The formal application was prepared by the Northern Cheyenne Environmental Protection Department (EPD) and Jeanne Whiting, Tribal Attorney on water related issues, and submitted on April 29, 2002. Throughout the application process, Tribal representatives overcame many hurdles in order to ensure that the application was a success. Numerous meetings were held with top U.S. EPA Headquarters officials and attorneys in Washington D.C. in an attempt to push the application forward and prevent opposing oil and gas interests from lobbying EPA to deny the application. [page 6]

While various individuals were involved in the application and negotiation process at different times, there were a few that followed the application and fought for its approval from the beginning. Joe WalksAlong Jr., Northern Cheyenne Water Quality Coordinator and David Millegan, Environmental Protection Department Director, worked closely with Jeanne Whiting to prepare and submit the application, coordinate meetings, and respond to the many questions related to the application process.

William WalksAlong, former Tribal President, Councilman, and current Executive Administrator for the Northern Cheyenne Tribal Administration, provided insightful direction and strategy in addressing the many opposing factions that attempted to disrupt the process of approval.

During the course of the past three years, Tribal President Eugene LittleCoyote, played a key role in negotiating with top governmental officials and United States Congressmen in an attempt to move the application forward. President LittleCoyote’s articulate firm negotiating skills and diplomatic manner earned the respect of the EPA officials involved with the process and led to the eventual approval of the application.

Finally, with the support of Joe Fox Jr., Judy Spang, and Elrena Whitedirt, Northern Cheyenne Tribal Council members, the Tribal negotiating team was able to present a unified front during the many meetings with the top attorneys for the EPA in Washington D.C. who were responsible for reviewing and making recommendations related to the application. Everyone played their role in demonstrating that the Northern Cheyenne Tribe had every capability and authority to administer a Water Quality Standards Program. At one meeting in particular, Tribal Councilwoman Elrena Whitedirt was asked to offer a prayer over the meeting. Her eloquently spoken Cheyenne words held the EPA attorneys in awe as she asked for a good outcome to the meeting.

Recently, the Northern Cheyenne Tribal Council and the Tribal President’s Office formally recognized the efforts of these individuals as part of an Honoring Ceremony held at the Labor Day Powwow in Ashland, MT. The four individuals who were involved with the process from the beginning were presented with blankets in recognition of their hard work to protect the Tribe and its water resources.

While the Treatment as a State Application was the first, and most important, step towards establishing a Water Quality Standards program, there is still much work needed to finish the process. Now that the TAS application has been approved, the Northern Cheyenne Environmental Protection Department is working to develop standards that are protective of Tribal uses of surface waters on the Reservation. These uses include such things as swimming, fishing and cultural uses of the water that are a part of the Northern Cheyenne’s daily way of life. Representatives from the Tribe will continue to meet with various Federal and State Agencies to negotiate on the Standards and ensure that Tribal uses of the water are protected from degradation.

Tribal Report of the Northern Cheyenne Nation (Page August/September 2006 Vol. I No. 9), page 1, 6.

Primary Elections Set for October 3rd, 2006

Primary Elections will be on Tuesday, October 3, 2006, in three Districts of the Northern Cheyenne Reservation for the positions listed below. The polls in the Districts will be open from 9:00 a.m. to 7:00 p.m., and will be located as follows: Ashland-Community Hall in Rabbit Town; Busby-Northern Cheyenne Tribal Schools Cafeteria; Lame Deer-Little Wolf Capitol Building Tribal Council Chambers.

All Tribal members aged 18 or older on the day of the Primary Election, who properly register on the day of the Primary Election at his/her District Polling place, or who properly apply for and obtain an absentee ballot, will be entitled to vote in the Primary Election. In the Primary Election each voter may vote for any open Tribal Council Seat(s) in the voter’s District.

The purpose of the Primary Election is to select final candidates for each of the positions listed below, from among those qualified Tribal members who properly filed a Declaration of Candidacy and paid the filing fee. Those persons are listed (in alphabetical order for each position) below. Write-In voting is also permitted.

Ashland District

1. Gloria Zerber

2. Ben Bahr

3. Dan Carlson

4. Eva Mae Foote

5. Tracy Robinson

6. Dean J. Small

7. Winslow Whitecrane

Busby District

1. Robert D. Bailey

2. Calvin Brady, Sr.

3. Ronald Bigback, Jr.

4. L. Jace Killsback

5. Mark Roundstone

6. Leland Russell

7. Morgan Wheeler

8. John Walksalong

Lame Deer District

1. Rose Backer

2. Michael A. Bearcomesout, Jr.

3. James Crazymule

4. Andrew Elkshoulder, Sr.

5. Leonard Elkshoulder, Sr.

6. Allen Fisher

7. Jason Fisher, Sr.

8. Elmore Limberhand, III

9. Glenn Littlebird, Sr.

10. LaForce Lonebear

11. Theda McMakin

12. Leroy Pine

13. Anthony Prairiebear

14. Carol Redcherries

15. Don Shoulderblade

16. Jennie Lou Small LaFranier

17. Judith “Judy” Spang

18. Jules Spang, Sr.

19. Donna Spotted Eagle

20. James Walksalong

21. Charlene Waters Alden

22. Elrena Whitedirt

23. Phillip Whiteman, Jr.

Tribal Report of the Northern Cheyenne Nation (Page August/September 2006 Vol. I No. 9), page 1.

Main