Batt Calls Meeting Between Tribe, Counties Jurisdictional Disputes Lead To Talk About Dismantling Reservation

A Nez Perce tribal leader agreed Friday to work more closely with two dozen north-central Idaho taxing districts in and near the tribe’s reservation, but said efforts to dismantle it would be bitterly opposed.

Gov. Phil Batt called the meeting after representatives of 24 school districts, taxing entities and school districts signed resolutions pledging money toward “disestablishment” of the tribe’s 750,000-acre reservation if the jurisdictional issues are not resolved.

Batt conceded that failure to reach agreement likely would result in protracted litigation in federal court, but called for negotiation and compromise instead of the “woeful lack of communications” that have left intergovernmental relationships strained.

“It’s not to anyone’s benefit to have these tensions rule,” he said, laying down ground rules prohibiting name-calling, outbursts or legal hairsplitting during the meeting.

Afterward, representatives from both sides said the meeting had helped to clear the air and take a positive step toward resolving the disputes.

Representatives of two dozen cities, towns, school, water and sewer districts complained about the tribe’s enforcement of federal water and air quality laws, as well as disputes over water rights and taxation of people living on so-called “fee lands” - privately-owned properties both within and outside the reservation boundaries.

The North Central Idaho Jurisdictional Alliance complained that the unresolved jurisdictional issues “have left a legacy of discontent among all parties.”

Clearwater County Commissioner Earl Pickett, speaking on behalf of the two dozen taxing districts, denied the alliance was seeking to do away with the reservation.

Federal treaties of the last century, which reduced the tribe of Chief Joseph from 13 million acres to its current 750,000 acres, effectively did that, he said.

“This is not a racial issue, it is a jurisdictional issue,” he said.

Samuel M. Penney, chairman of the Nez Perce Tribal Executive Committee, the tribe’s governing body, offered to meet regularly with local governments and sign cooperative agreements on a wide range of issues.

“We are willing to move in some direction with these other jurisdictions, provided there is mutuality,” he said.

But Penney also threatened lengthy and expensive legal battles over any attempts to diminish the size of the tribe’s reservation.

“I will guarantee, here and now, that we will resist such a claim with all of our resources,” Penney told the coalition representatives and some 200 others in the packed meeting rooms.

Issues of water and air quality rules, water rights and taxation were raised, although the meeting produced no concrete proposals for resolving them.

Among the disputed issues is a tribal law making contractors and subcontractors liable for fines on public and private construction projects on and near the reservation if not enough Indian workers are hired.

Kamiah School Superintendent Serve Wilson said the Tribal Employment Rights Ordinance, which requires a 1.5 percent tax and preference for hiring Indian workers for public and private on-reservation construction projects, is a point of contention for small cash-strapped taxing districts.

The law would have added an estimated $350,000-$500,000 to the cost of a $2.75 million middle school construction project, Wilson said.

Later, the district was notified it was not subject to the ordinance, but subcontractors were notified of more than $35,000 in fines for being out of compliance with the law, Wilson said.

Kamiah Mayor Howard Doherty complained the law shut down an emergency creek project during last February’s flooding.

Penney said the tribe has a meeting scheduled with the Kamiah School Board and “would hope when we do meet, we can hopefully resolve some of these issues.”

Lewis County Commissioner Laurine Nightingale, a spokeswoman for the 24 entities, said the meeting was one very positive step forward,” although the alliance would have to have further discussions.

“There is a lot of common ground and I think we will probably pursue all avenues,” she said. “But the key issue is the jurisdictional issue.”