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FWS Run Rough Shod Over Tribes

BigHornRam

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First the USFWS refuse to turn management of the wolves over to the states, and now they re-neg on their agreements with the CSKT over management of the National Bison Range. Is this another case of the Feds know best or proof of their heavy handed ways?


FWS pulls National Bison Range pact
By PERRY BACKUS of the Missoulian



The U.S. Fish and Wildlife Service officially pulled its controversial agreement with the Confederated Salish and Kootenai Tribes for shared management of the National Bison Range on Monday, saying the tribes have failed to live up to their responsibilities and have created an unacceptable workplace environment.

Tribal officials said the announcement was unexpected and denied the allegations contained in FWS Regional Director Mitch King's letter.

“It's taken us off guard. We were in the middle of something and trying to make it work,” said CSKT Tribal Council Chairman James Steele Jr.



King's letter said the agency was terminating negotiations for future annual funding agreements.

The letter ordered the tribes to immediately stop performing any activities at the Bison Range, return all FWS equipment, and withdraw all CSKT employees, contractors and volunteers from the refuge by the end of the workday Tuesday.

The decision marked the end of months of negotiations between the tribes and the Fish and Wildlife Service over future management of the National Bison Range.

The two entered into an agreement in 2004 that split management duties beginning in 2006. King's letter said the FWS wanted to continue that agreement into 2007 with some minor revisions, but the tribes argued for more management control.

After the 2006 agreement expired Sept. 30, the FWS agreed to extend it while negotiations continued.

The tribes sought a phased takeover of the refuge, which sits in the heart of the Flathead Indian Reservation, under provisions of the Indian Self-Determination and Education Assistance Act. The legislation allows tribes to apply to manage certain federal public lands where they can show a cultural, historical or geographic connection.

Matt Kales, a regional FWS spokesperson from Denver, said the legislation allows the government to sign annual funding agreements with tribes to manage selected federal lands.

While there are similar arrangements in other parts of the country, this agreement was the most far reaching, he said.

A report last summer indicated the tribes weren't satisfactorily accomplishing the work that had been agreed upon. The tribes vehemently disagreed with that report.

Kales said the FWS attempted to provide some leeway because this was the first year of the program, but the situation at the refuge continued to deteriorate. After a lengthy review, Kales said the tribes were not meeting management obligations and were creating a hostile work environment for FWS employees.

King's letter said the work environment was characterized by “harassing, offensive, intimidating and oppressive behavior on the part of the employees of the CSKT, including obscenity, fighting words and threats of violence and retaliation directed at employees of the Service.”

The decision was made at the “highest level” of the FWS that dual management of the refuge was not tenable, Kales said.

“This wasn't a hasty or whimsical decision,” he said.

Steele said the tribes don't agree with the Fish and Wildlife Service's reasons for terminating the agreement. This was the first time that anyone in the tribes had seen some of the allegations in King's letter, he said.

The FWS should have attempted to work within the guidelines established in the annual funding agreement to address the management issues with the tribes, he said.

“The AFA spells out ways of doing that,” Steele said. “There were ways to notify us and allow us to sit down and talk about these issues.”

The tribes are in the process of putting together a response to the allegations, and will appeal the decision, Steele said. In the short term, the tribes will attempt to find other work for the employees displaced by the federal government's action.

Steele said it's ironic that the FWS has decided the tribes are unable to manage the bison at the National Bison Range since the herd is descended from the Pablo-Allard herd cared for 100 years ago by tribal members.

“For the Fish and Wildlife Service to say to us that the Salish and Kootenai people do not know how to handle bison is just an ironic statement,” Steele said. “If it wasn't for the tribal connection, this herd likely wouldn't have been here in the first place.”

Tribal council member Steve Lozar said he grew up in Dixon in the “shadow of the Bison Range. I was one of those little kids who went over to see Big Medicine (a famous white bison) after school. When I see what's happening here, it absolutely hurts my heart. It's just wrong.”

The refuge management change was opposed by 129 refuge managers, by nearly 50 different environmental groups, and by Public Employees for Environmental Responsibility.

PEER's refuge keeper, Grady Hocutt, was a wildlife refuge manager for 30 years.

He says the agreement was a poor idea pushed by political appointees under duress and could have set a precedent harmful to the entire national wildlife refuge system.

Still, Hocutt didn't see the government's decision to pull the agreement as a victory. Too many people have been hurt, and it's going to take time for that to heal, he said.

There are other avenues for the tribes to be involved with management of those lands, including cooperative agreements and contracting, Hocutt said.
 
BHR,

Its not heavy-handed at all.

The only mistake here is that the USFWS should have never even entertained the idea of giving management of the Bison Range to the CSKT.

Having worked in cooperation with several tribes over the years...they work on a much different mind-set and a much different agenda. Not saying its wrong, just that I could see where there would be very conflicting work values, schedules, etc.

There needs to be one agency in control of the Bison Range.
 
BHR- Have you been to the Bison Range previous to the tribe taking over and then after the tribe took over. I personally wasn't impressed with the job they were doing. I never felt the Bison Range should have been in the hands of the CSKT. Two groups trying to run one park just doesn't work and the FWS did just fine, why fix something that wasn't broke to begin with? Right now the CSKT is on a "we can manage everything by ourselves" kick. It's gotten the gambling revoked and now the Bison Range...maybe the CSKT should listen a little more and talk a little less.
 
I don't believe either side is being completely honest here. No doubt in my mind though that there are employee's within the ranks of the FWS that wanted this agreement to fail from day one, and went out of their way to make it happen. For that reason, unless the FWS can prove otherwise, I'm giving most of the blame to them for this failure. Just another example of political agenda's within our gov. agencies that make them as ineffective as they are.

"just that I could see where there would be very conflicting work values, schedules, etc."

Can you ellaborate on this comment Buzz? You're not saying what I think your saying are you?

Matt,

I haven't ever been to the Bison Range, just driven by it many, many times. From what I can see it's just a high fenced wildlife preserve on an Indian Reservation. Can't hunt it, so it's not much interest to me. Not sure why the locals can't manage it to the same degree as the feds can IMO.

As far as the revoked gambling license on the Res., what's so bad about that? Or do you think there is a different agenda involved? Do you think there is a link between what's going on with the NBR and the tribes failure to renew their gambling license? I have some hunches that it is connected. Time will tell.
 
As far as the revoked gambling license on the Res., what's so bad about that? Or do you think there is a different agenda involved? Do you think there is a link between what's going on with the NBR and the tribes failure to renew their gambling license? I have some hunches that it is connected. Time will tell.

Gesh another conspiracy theroy by BHR. Hey I'll bet money you could write a novel with all kinds of twist's and turns and hook everything together with imagination like that. You may have missed your calling. Never to late to get started. Start writing. I'll wait for the movie version though.
 
So you you don't think there is a connection between the tribes refusal to renew their gambling license and the USFWS dropping the hammer on them reguarding the NBR, Shoot's Poorly? What if the tribe was planning on building a casino at the Bison Range? Could there then be a link?
 
BigHornRam said:
From what I can see it's just a high fenced wildlife preserve on an Indian Reservation....Not sure why the locals can't manage it to the same degree as the feds can IMO.

Paul, I have visited the Refuge, but don't know much about it. Are you saying it is part of the Reservation? I can look this up also, just don't have time right now.

As for management of the resource comment, is that a shot at the gov't agencies or a compliment to the locals?
 
OK, had to check quickly. Looks like a Federal Refuge mostly surrounded by private land. Let me know if I am wrong.
bisonrange.jpg


Reservation in "pink".
 
BHR,

The conspiracy theory doesn't get much traction with me as the CSKT gambling compact is with the State of Montana. I can't imagine the USFWS would be doing the State of Montana's heavy lifting in getting the CSKT back to the bargaining table over gambling.

A far more likely problem would be that critical work on the NBR wasn't being done in accordance with the agreement that the CSKT had signed. Most likely the employees were relatives of the Council members and thought that their meal ticket had been punched.

The tribe was over there head in the management of the NBR and this outcome could have been predicted by anyone with experience in these types of agreements.

The CSKT, to their credit, own several thriving companies that working internationally but management of the NBR should have been a no go from the start. Doesn't matter if the Bison range was stocked from bison kept alive by the tribal members or not.

Nemont
 
I'm not an expert on that reservation, but from what I understand, tribal members over the years have been allowed to sell their lands to non-tribal people. That's why there is private ownership by non Native Americans on that Reservation. But you have to be a member of the tribe to hunt big game on the reservation. If you are not a member but are a land owner......too bad! Big reason why land on the res sells for a fraction of what near by land off the res sells for. Non members can hunt birds there with a permit however. The land that comprises the NBR was once under Native ownership but was sold off years ago. Now the CSKT would like it back since it's now under federal ownership. Maybe so they can sell it off again? If my "facts" are off on this one someone please correct me.

As for the local management vs. federal comment.......I'm not real sure what really needs to be done here. Pick up trash, clean the toilets, fix some fence, spray some knapweed, cull the herd on occassion. Where is the need for federal "expertise"?
 
Gotta admit Nemont, the timing of all this sure is fishy. By not renewing their gambling license with the state, maybe the CSKT is looking to go out on their own reguarding gambling. Plenty of other tribes in the country have done it. I'm no expert on the law here, but get a good lawyer, and politician or two, and anything is possible IMO.
 
BigHornRam said:
As for the local management vs. federal comment.......I'm not real sure what really needs to be done here. Pick up trash, clean the toilets, fix some fence, spray some knapweed, cull the herd on occassion. Where is the need for federal "expertise"?

I have seen some examples of this, but probably should keep them to myself.:D
 
BHR,

I think you are putting together WAY too many issues. First on patented land owned by non tribal members, inside the Reservation Boundaries the tribes retain sovereignty on those lands in regards to hunting. No wool pulled over anyone's eyes at the time of purchase of those lands. So to me this is a non issue in the discussion of what the FWS did regarding the NBR.

I am sure the tribe would like the land back that makes up the NBR. I am sure EVERY tribe would like to have "their" land back. Have you ever looked at the Blackfeet tribe and at the lands claimed as their Ceded lands. They stretch from the ND border all the way to the West border of Glacier National Park. I am sure they would like to have all that back.

CSKT gave up title to those lands that make up the NBR and they have to live with it.

The gambling compact is about money and control. The split of revenue between tribal and state governments is not as big of an issue as who gets control of where the machines can be placed. The tribe could force all non tribal business owners, who don't have any say in tribal governance, to either cease operation or tax them out of business. Both sides have taken their ball and went home at this point.

Which brings us to the NBR issue. If you believe that Schweitzer has enough pull to get the USFWS service to cancel this contract in order to force the CSKT to the table then you must also believe Elvis is alive, We never set foot on the moon and Jimmy Hoffa is just vacationing in Jamaica. I don't believe the USFWS give two shits about the CSKT and their gambling problems.

I don't think this is even a Federal "expertise" issue. Rather it is one of the CSKT wanted more control and say on the NBR then was agreed to in the orginal agreement. I think the USFWS decided they couldn't live with the new proposal. I think if you did a little asking around you would find that the CSKT most likely didn't adhere strictly to the old argeement and left many things undone.

Nemont
 
mtmiller said:
I have seen some examples of this, but probably should keep them to myself.:D


As have I on some "cooperative" work over here. Certainly some different mindsets on activities between agencies and workers.
 
Thanks for the backround Nemont. Helps cut through some of the fog. I just brought it up to get the debate going here....looks like it helped. Personally it's an issue that I could care less about. I'm not a big fan of gambling, whether it be on a reservation or not. I still think the timing of all this is fishy. One of the more outspoken advocates against CSKT management of the Bison Range has thrown out the rumor of the tribe wanting to build a casino next to the Range (similar to the cheesey one next to the Custer Battlefield?). Do you think this is possible?

BTW I still want to know what Buzz ment with his comments.
 
BHR if the tribe wanted to build a casino next to the NBR they could build one today that includes just a Class II gambling license, as they retain the right to their Class II license with or without the approval of the State of Montana. They could fill a new casino with Vegas Style Slots that are linked together with other tribal casino and offer progressive jackpots of over a $1 million dollars and there is nothing the state or federal government could do about. So that is a BIG red herring to me.

Fishy timing or not I just don't think that these two are linked. Hell the Schweitzer administration would do anything for the Indians, well except give control of gambling.

Nemont
 
"The gambling compact is about money and control. The split of revenue between tribal and state governments is not as big of an issue as who gets control of where the machines can be placed. The tribe could force all non tribal business owners, who don't have any say in tribal governance, to either cease operation or tax them out of business."

Interesting.....non tribal land owners and business people are basically second class citizens on the reservation. Makes sense why the land values are so low there then.

Craig,

The wife works at RML and I hear things that I shouldn't repeat as well.
 
I hope the FWS have their i's dotted and t's crossed on this one, no doubt it will end up in court

MOIESE - Under the watchful eyes of a U.S. Fish and Wildlife Service official, Confederated Salish and Kootenai Tribes employees checked in their gear at the National Bison Range for the last time Tuesday afternoon.

On Monday, federal managers abruptly canceled an agreement that allowed the tribes to take over some duties at the refuge in the heart of the Flathead Reservation.


Tribal employees boxed up personal things Tuesday, and some checked in a variety of equipment issued to them by the FWS. Every wrench, screwdriver, chain saw and pair of hip waders was duly noted during an inspection in the two-door garage that doubled as the tribes' allotted shop.

The final inspection left tribal members J.T. Haynes and Shannon Clairmont discouraged.

“There was just a total lack of trust right from the beginning,” said Clairmont, shaking his head. “It's just disappointing that it's come to this.”

Both sides were pointing fingers at each other Tuesday.

Tribal employees and officials said the Fish and Wildlife Service set up the tribes for failure through miscommunications, racial discrimination and “blatant sabotage.” At a meeting with the Missoulian on Tuesday morning, tribal employees tearfully said they had no idea the termination was coming.

FWS officials, on the other hand, said its managers had gone the extra mile to ensure tribal employees understood what was expected of them, but the tribes' work hadn't been up to par. Worse yet, they said the workplace had turned hostile and FWS employees worried about their personal safety.

The management agreement, which was signed two years ago, allowed the tribes to take on duties at the refuge under provisions of the Indian Self-Determination and Education Assistance Act. The legislation allows tribes to apply to manage certain federal public lands where they can show a cultural, historical or geographic connection.

The agreement expired at the end of September, but both governments agreed to continue it while negotiations were under way. The tribes submitted a proposal seeking full management of the 19,000-acre refuge last month.

The tribes' proposal came on the heels of a performance report that indicated most of the work assigned to CSKT wasn't being completed satisfactorily. Tribal officials strongly disagreed with that assessment.

Matt Kales, a regional FWS spokesperson, said the decision to terminate the agreement occurred about two weeks ago, but took time to work its way through the upper levels of the agency.

FWS Director Dale Hall granted his approval to terminate the agreement in a letter signed Sunday in which he said the Department of the Interior has a zero-tolerance policy regarding both sexual harassment and hostility in the workplace.

Hall said he meant to send a “clear message” to FWS employees that they are a valuable resource and deserve respect.

“The laws regulating workplace behavior and hiring practices are clear and apply to all federal activities, including those where the Service contracts with sovereign nations,” Hall wrote.

Hall said he's spent his career supporting cooperative working relationships with tribal nations “as true partners in natural resource conservation. However, the guiding principals of those relationships have always included trust and respect from both parties and commitment from leadership to the accomplishment of mutually agreed upon efforts.”

The Fish and Wildlife Service has similar working agreements with tribal entities on other refuges around the country that are successful, Kales said. The agreement with the CSKT was the largest and most complex.

The agreements allow tribal entities to take on certain duties, which have to be accomplished following the same strict guidelines designed to meet the laws, regulations and policies used on all national wildlife refuges, Kales said.

“Everything has to be done consistently,” he said. “The managers here made it very clear to the tribes how, where and when these duties needed to occur.”

While the CSKT natural resources program has a reputation for high performance, Kales said the tribes didn't meet the standards the federal wildlife refuge system required in its work on the National Bison Range.

Kales said there was never any chance the FWS would turn full management responsibility of the Bison Range over to the tribes. Federal law requires that FWS maintain administrative authority over federal wildlife refuges, he said.

“That always was a non-starter for us,” Kales said. “If leadership of the agency and Congress decided to divest this property, then that opportunity would be there. As long as the Bison Range remains part of the federal wildlife refuge system, then that's not on the table.”

The decision to terminate this agreement shouldn't be construed as a signal that the FWS is no longer interested in working in the future with the tribes.

“We have a long history of working with tribal entities, including the CSKT, and plan on continuing that,” Kales said.

Tribal employees said they had no idea of the pending termination of the agreement until Monday - when they found locks had been changed and new gates placed on a pen of bison awaiting transport to another refuge.

“I thought it was just another normal day when I went up to open the gate and found it padlocked,” Haynes said. “So I crawled over the fence and continued on with my duties.”

Haynes and other tribal employees expressed frustration over the abrupt decision that ended their jobs at the refuge. Nearly all had stories to share they believe illustrate that FWS was setting the tribes up for failure at the refuge.

“Gates were left open. Bison were let go into the wrong pastures. They were constantly creating more work for us,” Haynes said. “You just have to take it. You try to leave it at work. You try not to take it home. It's been hard.”

CSKT Tribal Council Chairman James Steele Jr. said the tribes entered the agreement with the FWS believing it was partnership. The tribes put forth their best effort to try to make it successful, but have been met with “blatant sabotage” for their trouble, Steele said.

“The tribal people are just the workers,” said Clayton Matt, the CSKT natural resources department head. “All the managers were Fish and Wildlife Service people. All the decision-making authority rested with them.”

“It makes it kind of a difficult place to work when your managers are in a perfect position to sabotage your efforts,” he said.

The CSKT is a successful multimillion-dollar organization that employs about 1,300 people, Matt said. It has for years successfully operated the Mission Valley's power distribution company. The tribes understand how to manage people and projects, he said.

This is really a cooperation issue, Matt said.

“It's like a marriage,” he said. “If both sides want to work through the hard times, they can make it. If one partner decides to disagree, then it's not going to last. That's what happened here.”

Sheila Matt, the tribal coordinator, said the situation has been hard on the tribal staff.

“It's been humiliating,” she said, wiping away tears. “Our staff had to sit here and take it day after day. I had almost everyone on my staff want to walk out. No one should be treated that way. No one has the right to treat us the way we were treated.”

Sheila Matt said tribal employees were often referred to as “you people” or “you Indian folk.”

Tribal people have a strong connection to that land that goes back 10,000 years, Matt said.

“We all feel strongly about that connection,” he said. “It's not over. We will continue to try.”
 
Still no clarification from Buzz reguarding his appearent racist comments. Where is Jose when you need him?

Here's a good bleeder letter about this issue from the paper the other day. The writer makes some valid points. I'm sure the FWS is going to get A LOT of fan mail over this issue in the days to come.

Pre-holiday layoffs indefensible
My family, like most families, is enjoying holiday parties, buying presents and greeting friends. Meanwhile, two weeks before Christmas, the U.S. Fish and Wildlife Service fired all tribal employees at the National Bison Range. Workers showed up for work to be told they had just lost their jobs. Apparently the gates were chained and workers were told to turn in any tools and other government property. Each item turned in was carefully checked against a list by a Fish and Wildlife Service official. If wildlife officials decided to lay off Indian employees, couldn't they have waited until after the holidays?

Why were they laid off? Because the tribal government had the gall to petition the government to run the Bison Range, which lies entirely on their reservation. This is the same reservation, U.S. government officials once promised the tribes they would always own and control if they would stop fighting and give up that fine farmland farther south.

Can you imagine the uproar if Wal-Mart or another big company had suddenly laid off their minority workers just before Christmas, with no prior notice, and chained them out of their work place?

This action by our government was shameful.

Marshall Delano, Missoula

Missoula
 
BHR,

What difference does it make at this point? I can understand the feelings associated with the layoffs but what time is a good time to let somebody go? I don't know that the FWS care so much about their "fan" mail. Also are you certain that any of these people have lost their job?

Nemont
 

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