Session Date: August 18, 2005
Annual Meeting Session Summary: State-Tribal Relations: Strategies for Cooperation
By Ken Camp
Communications Specialist, Washington Legislature
This summary is provided for information purposes only. NCSL does not endorse any views it contains.
SEATTLE - Positive state-tribal relations are necessary to maintain, protect and best utilize natural resources, state and tribal leaders said at the National Conference of State Legislatures' 2005 Annual Meeting.
The session State-Tribal Relations: Stragegies for Cooperation was led by moderators Ron Allen, chair of the Jamestown S’Klallam tribe in Washington, and Washington Representative John McCoy, the only elected Native American in Washington and a member of the Tulalip Tribe.
“Often the relationship between tribes and state legislatures goes unnoticed," Allen said. He added that while state-tribal relations tend to focus on issues such as gaming, taxation and jurisdiction, natural resource management is also an important issue that should not be overlooked.
Tribes hold a strong cultural value of respecting natural resources as stewards of the land, believing they should work to preserve resources for future generations, tribal leaders said. They added that too often in natural resources, state governments do not understand the complexity of tribal governance. Tribes, on the other hand, face legislatures that change every two to four years, unlike their own leadership structures.
Stephen H. Suagee, reservation attorney for the Confederated Tribes of the Colville Reservation in Washington added, “It is tougher to make policy with legislators from all over the state when each legislator represents a district in some part of the state, and has his or her own constituents. It can be easier to work with a state agency.”
Clive J. Strong, chief of the natural resources division for the Office of the Idaho Attorney General, believes that it is important to educate the legislative and executive branches of state government about the process of adjudicating water rights before entering into negotiations. In addition, all stakeholders should have a place at the bargaining table.
“Make sure you’ve done your homework to bring people along, because even at the end of the day there will be fundamental differences on various issues for the various constituencies,” cautioned Strong.
Strong also recommended that once negotiations between a state and a tribe commence, both sides look immediately to the parts of the negotiation where there is little disagreement and a likelihood of success, instead of going after each party’s bottom line, which could cause negotiations to break down. He believes that each side must set aside jurisdictional issues because with three sovereign governments (state, tribal and federal) involved in negotiations, jurisdictional issues will likely not be resolved.
Gabriel Bohnee, environmental restoration and waste management program director for the Nez Perce Tribe in Idaho, recommended that state staff and upper management understand tribal chain of command and policymaking process, as failure to understand tribal governance could delay negotiations or cause unnecessary misunderstandings. Bohnee also pointed out that with limited funding, states and tribes can leverage resources to meet common goals.
NCSL is a bipartisan organization that serves the legislators and staffs of the states, commonwealths and territories. It provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues and is an effective and respected advocate for the interests of the states in the American federal system.
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