Feds To Look Into State's Handling Of Mining Bill With Tribes

The BIA is looking into whether Wisconsin violated treaty rights by not consulting with tribal governments that could be affected by a state mining bill.

The Bureau of Indian Affairs isn’t calling it an investigation, just an inquiry. BIA spokeswoman Nedra Darling in Washington says they were asked by at least one tribal government to get involved.

“We’re aware of this issue and are looking into whether and how this effects the treaty rights pursuant to their treaties with the United States. The Department encourages the state to live up to the United States standard on consultation with the tribal governments and nations on a government to government basis on issues of mutual concern.”

Darling says they’re exercising a November 5th, 2009 Executive Order from President Obama that federal officials consult with tribal governments on matters that should involve the tribes.

“And while a state-tribal relationship is fundamentally different than a federal-tribal relationship, we’d strongly encourage states to live up to this policy on tribal consultation.”

Darling didn’t know what recourse, if any, the BIA would have to compel Wisconsin to consult with tribes.

At the last Assembly public hearing on the iron ore mining bill in Hurley, tribal officials and elders from Lac du Flambeau, Red Cliff, Bad River and Menominee said the lawmaking process ignored treaty rights and did not address tribal concerns.