CHEYENNE - Gov. Dave Freudenthal said Tuesday his administration has taken steps to treat Native Americans like other citizens, despite charges from the Northern Arapaho that he is retreating from previous governors' positions and not negotiating state-tribal contracts in good faith.
The differences center on new language in a contract providing state child-protective services on the Wind River Indian Reservation, subjecting the tribe to state court jurisdiction in any dispute.
Mark Howell, the tribe's lobbyist, said Freudenthal is picking a fight with the tribe over the welfare of children on the reservation.
The child-protective services contract and several others between the tribe and state will expire soon.
"Over the last 15 years, the Tribe and previous Governors found compromise language, in a variety of contracts, which protected the interest of both the State and Tribe," said the tribes' attorney, Andy Baldwin in a release. "This change in policy is a big step backward in Tribal-State relations."
Burton Hutchinson, chairman of the Northern Arapaho Business Council, said, "The Governor's position on this issue demonstrates that he does not respect the sovereignty of the Northern Arapaho Tribe."
"His uncompromising position is putting the lives of Indian children at great risk," he said.
But Freudenthal said he is trying to treat tribe members like other Wyoming residents.
"Last year we made great strides to treat them like any other citizens," Freudenthal said. "We were going to approach tribes like any other applicant for state funding."
Freudenthal pointed out that last year he signed a bill allowing the Eastern Shoshone and Northern Arapaho's Joint Business Council to serve as sponsors for water development projects in the same manner as local governments, becoming eligible for state funding.
He also successfully pushed for approval of a tribal liaison in the governor's office.
Freudenthal said he simply wants the tribes to be treated like all other citizens. The contracts "would apply the same laws as other citizens, which is state law, state court."
He said similar language exists in water development contracts and the budget bill he signed Friday.
"They're members of a tribe. They are also citizens of Wyoming and citizens of the United States, and if they get a (U.S.) Bureau of Indian Affairs grant, I assume those complaints are handled in federal court, not tribal court."
"It's not any different than when the state receives money from the federal government. If the state has a dispute, we go to federal court."
Freudenthal also said he has gone a step further in offering a provision that doesn't apply to anyone else, which is to allow disputes to go through nonbinding arbitration. That offer applies to all state appropriations to the tribes, according to a footnote in the budget bill.
Posted in State-and-regional on Wednesday, March 10, 2004 12:00 am
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