Batt Against Tribe’s Control Of Water

Gov. Phil Batt is asking Congress to amend the federal Clean Water Act to stop the U.S. Environmental Protection Agency from placing the lands of non-Indians on reservations under tribal control.

Batt also wants lawmakers to require tribal regulations be coordinated with state rules.

The Nez Perce Tribe’s recent bid to gain oversight of surface water within the reservation, which has been put on hold, prompted Batt to support changing the Clean Water Act, said his press secretary, Amy Kleiner.

So did Montana Gov. Marc Racicot’s request to him for support.

Nez Perce Tribal Executive Committee chairman Charles Hayes said he has no problem with requiring tribal water quality regulations to be coordinated with state ones.

But he opposes any move to no longer place non-Indian reservation lands under tribal jurisdiction through the act.

“If they want to talk like that, then the state has no jurisdiction except on lands that the state owns,” Hayes said Friday.

He said tribal leaders have placed their oversight intentions on hold because of the outcry from local governments inside the reservation.

“We are not going to pursue it at this time, even though it has been law since 1987,” he said. Two months ago, north-central Idaho officials said they feared being regulated by a tribal government over which they have no control.

Petitions to protect the rights of non-Indians were circulated in Clearwater, Idaho and Lewis counties.

Three weeks ago, Racicot said Montana would challenge the EPA’s decision to grant water oversight to the Salish and Kootenai Tribes on the Flathead Indian reservation, including non-Indian land.