Risch seeks better relations with Indians

BOISE – Idaho Gov. Jim Risch has signed proclamations committing the state to working with all Idaho Indian tribes on a cooperative government-to-government basis.

Coeur d’Alene Tribal Chairman Chief Allan hailed the signings as a signal that Risch wants a respectful working relationship with the state’s sovereign tribes – something that was thrown into doubt after the new governor’s first meeting with tribes in April to negotiate on issues involving fuel-tax revenues.

Risch came away from the meeting saying he essentially had wasted his day because no agreement had been reached – though tribal officials protested that it was the first time they had heard his proposals.

“It was offensive at the time. It really put tribes in a defensive stance,” Allan said. “I hope tribes can get away from that so we can sit down and iron something out.”

At that time, Risch was serving as acting governor.

On June 1, the day before his public inaugural ceremony, Risch quietly signed eight proclamations on “state/tribal governmental relations,” one for each of the recognized Idaho tribes and other tribes that have a presence in Idaho: the Coeur d’Alene, Kootenai, Nez Perce, Shoshone-Bannock, Shoshone-Paiute, Northwest Band of the Shoshoni Nation, Kalispel and Burns Paiute.

“The state of Idaho recognizes and respects the authority, rights and sovereignty of tribal governments and endeavors to promote cooperation and good relations with the Indian tribes residing within its borders,” the proclamations state.

They also proclaim the “state of Idaho’s policy of cooperation with tribal governments and its commitment to maintaining a government-to-government relationship with tribal governments.” They direct all state agencies to follow that guidance.

“Previous governors have done this,” said David Hensley, the governor’s lead legal counsel. “But I think also the governor recognizes the need to have a good working relationship with the tribes, appreciates the working relationship that they have and wanted to assure them that he is committed to continuing that.”

Hensley added, “We’re excited about working with them.”

The fuel-tax issue is a contentious one. The state has sought repeatedly over the years to tap into Idaho tribes’ $3.5 million in annual gas-tax revenues from reservation gas sales, but it repeatedly has lost in court. Buoyed by a U.S. Supreme Court decision in a Kansas case that appears to tilt in the state’s direction, lawmakers tried to pass legislation this year seizing the tribes’ gas taxes. The bill died in committee on a tie vote in favor of negotiations.

The state collects nearly $220 million a year in gas taxes. The Coeur d’Alenes collect about $500,000.

Allan said the tribe uses its fuel-tax revenue to provide free bus service for both tribal and nontribal riders, as well as for other tribal needs.

“We have tribal roads that we don’t get any money from the state to plow and keep up,” he said. “We still scratch our heads wondering why the state wants such a small pot of money.”

Julie Kane, managing attorney for the Nez Perce Tribe, who along with Allan spoke recently to the Boise City Club, said, “Our tribal fuel station is a government-owned station, and we just don’t feel the state has any jurisdiction over that.”

Money raised from the Nez Perce tribal gas tax – about $500,000 a year – funds services to tribal seniors and youths, she said.

Kane said that compared with the state’s total gas-tax revenues, the tribal money “isn’t going to make much difference, whereas to the tribes, it makes a huge difference for our local government.”