Senate Mining Committee To Offer Tribe Involvement

The chairman of the Senate Mining Committee says tribal officials will have a seat at the table in drafting an iron ore mining bill.

This comes a day after the federal Bureau of Indian Affairs launched an inquiry into possible treaty rights violations by Wisconsin in drafting an iron ore mining bill in the state Assembly.

During the six week period between introducing a mining bill and passing it, tribal officials accused State Assembly Republicans of ignoring their concerns. Senate Mining Committee Chairman Neal Kedzie says they’ll have a seat at his table.

“I will be opening up our discussions with the tribes in particular with the Bad River. I have extended an invitation to them to have a sit down meeting.”

But Kedzie says he’s not sure how far treaty rights can go in mining regulations.

“I don’t fully understand what the particulars are of the treaties. I do know that they cover hunting and fishing rights and gathering rights. Of course, I feel that the Indian nation is as much a part of the public, maybe moreso, letting them have an opportunity to discuss their concerns.”

Meanwhile, a non-partisan Legislative Council memo about treaty rights says tribes must be treated as states under the federal Clean Water Act. It also says they may indirectly affect water discharge permits, which would be needed for an iron ore mine. But it also says tribes can’t t veto state permits.

State Representative Janet Bewley of Ashland…the area of the proposed Penokee mine, says it’s complicated.

“That emphasizes the fact that the tribe should be involved throughout because no one can represent the tribe’s treaty rights better than the tribes themselves.” (Do you think that didn’t happen in the Assembly?) “I don’t think it happened.”

The Legislative Council memo also says the state must consider water quality standards of downstream jurisdictions. The Bad River Band of Chippewa is downstream from the proposed mine.