HELENA, Mont. – The U.S. Supreme Court has agreed to hear a case early next year that could have a big impact on Native Americans' hunting treaty rights.

The case involves Clayvin Herrera, a Crow tribal member who pursued an elk from his reservation in Montana into Wyoming and killed it there. Wyoming later charged him for hunting outside the established seasons.

Monte Mills, co-director of the Margery Hunter Brown Indian Law Clinic at the University of Montana, has filed a brief on behalf of other Native American law professors in support of Herrera.

"In defense,” Mills says, “Mr. Herrera said, 'Well, I'm a member of the Crow Indian Tribe and I have a treaty right, by virtue of the tribe's treaty with the United States that allows me and authorizes me to hunt in certain areas, including on open lands owned by the United States.'"

The Wyoming court rejected this defense and Herrera was convicted and fined. Mills says Herrera's defense is based on the Laramie Treaty of 1868, which gives tribal members the right to hunt on unoccupied land.

Wyoming says that treaty became invalid when it became a state.

According to Mills, the Supreme Court has made conflicting rulings on how treaty rights are applied. He says this case could affect Native Americans and create a new precedent if the justices decide to analyze treaty rights in some new way.

"The questions of state authority and treaty interpretation,” says Mills, “there's a long string of Supreme Court precedent that deal with those questions. And so, if the Court were to do something different in this case, that's really where it might have impact."

The Supreme Court will likely hear the case in January 2019 and announce its decision next summer.


get more stories like this via email

CORRECTION: An earlier version of this article incorrectly referred to Tribal Nations as Tribal stakeholders. It also did not mention the National Monument Designation would be within the National Park System. (8:37 a.m PST, May 1, 2024)

Native American tribes in Nevada are calling for designation of a new national monument within the National Park System in east central Nevada.

They say Bahsahwahbee, commonly known as Swamp Cedars in White Pine County, holds cultural and spiritual significance for tribal nations.

Alvin Marques, chairman of the Ely Shoshone Tribe, explained Bahsahwahbee was a place of religious gatherings, healing ceremonies and celebrations, which made it a target for settlers who expanded into Indigenous "Newe territories" of the Western Shoshone Tribe. It was also the site where the largest known Indian massacre in U.S. history took place.

Marques said the federal government now has the chance to stand with tribes and honor Bahsahwahbee.

"It, in the past, was a place of celebration and became a place of mourning," Marques emphasized "It means enough to me that it needs to be protected forever. It would mean a lot for all the tribes involved and it's way overdue."

He pointed out before the tragedies, Bahsahwahbee was a place of happiness and should be remembered for both the good and bad. He added people from across the Great Basin still go to the area to visit their ancestors, pray and hold ceremonies. Three tribes are collecting signatures with the goal of getting Bahsahwahbee designated as a national monument.

While he cannot speak for all Nevadans, Marques suspects many in the Silver State probably are not aware of what happened at Bahsahwahbee. He feels confident high-ranking government officials are demonstrating strong support to stand with the tribes to preserve and commemorate what Marques calls a "sacred place."

"Time is running out, so we need action now," Marques stressed. "It's time for the federal government and our representatives to center our tribes and our history, and do the right thing, which is how the tribes have proposed this monument."

He added a national monument designation within the National Park System also would help familiarize more people with the Bahsahwahbee story. Those opposed to the monument recognition argued Nevada already has too much public land where uses are restricted, but proponents argue this is false.


get more stories like this via email

A Nevada grassroots organization has launched its inaugural endorsement process for the 2024 elections in an effort to champion indigenous voices in the Silver State.

Taylor Patterson, executive director of the Native Voters Alliance Nevada, said the state is getting better about tribal and indigenous representation but contended there is still a long way to go. Nevada is home to 21 federally recognized tribes and 28 reservations, but only one Native legislator.

Patterson explained they saw the need to be more engaged with issues from the top to the bottom of the ticket.

"I think very easily we can forget that Native people are everyday people," Patterson observed. "I think it has been painted in a very specific way of 'still is very much a person of the past,' but there are people who are in all different spaces that are engaging with the government in a multitude of ways that need to be represented."

Patterson acknowledged the state does have elected officials who understand the needs of the Native community but hopes the new initiative will give those who are not familiar with the Native space an opportunity to learn more.

Last summer, Republican Gov. Joe Lombardo expanded Nevada's Effective Absentee System for Elections program program, which requires election clerks to meet with all tribes located in their respective jurisdictions to coordinate voting locations prior to elections.

Patterson noted they have had a good response from candidates and she is pleased to know officials are starting to realize the meaning and value of an endorsement from Native Voters Alliance Nevada. She said her organization can help provide politicians with access to Indigenous communities.

"In recent years there has been so much made of sort of this 'BIPOC' label," Patterson emphasized. "I very often have to remind all sorts of people, whether those are federal agencies or elected officials, you're not truly working with the BIPOC vote share or BIPOC people if you're not working with the 'I.'"

Patterson added the endorsement process will be instrumental to shaping policy and governance in the Silver State.

get more stories like this via email

Next week, Native American leaders from the Midwest will go before a United Nations panel with their concerns over a controversial oil pipeline they say is trespassing on tribal lands.

Enbridge's Line 5 operation in the Great Lakes region is expected to be a topic when the Permanent Forum on Indigenous Issues convenes Monday in New York.

In the Midwest, the law firm Earthjustice represents some Tribes contesting the rerouting of Line 5 in Wisconsin. There, managing attorney Debbie Chizewer said climate change is affecting the region and tribal nations' ability to exercise their treaty rights.

"The perpetuation of this fossil-fuel infrastructure will only worsen that," she said, "and will affect their special tribal resources, like sugar maple and loons, and whitefish and other species that are an integral part of Bay Mills and other tribal nations."

The pipeline runs through Wisconsin and Michigan, traversing the treaty-reserved territory of tribal nations, including the Bay Mills Indian Community and Bad River Band of Lake Superior Chippewa. Enbridge rejects those claims and has said it isn't trespassing on tribal lands.

Similar cases have been filed in other parts of the Midwest. In Michigan, opponents have said they're worried about Enbridge's plan to construct an oil tunnel beneath the Great Lakes. The company has claimed it would be safer than the existing pipeline, but Native American Rights Fund senior staff attorney Wes Furlong said he sees it as a disaster waiting to happen.

"There is a likelihood that if a leak happened within that tunnel, it would cause a catastrophic failure," he said. "Essentially, the tunnel could explode underneath the Straits of Mackinac, pumping crude oil into the strait and into the Great Lakes."

Furlong said pushing back against Line 5 aligns with calls to reduce the use of fossil fuels, citing its connection to climate change and the impact on treaty-reserved resources in the Midwest, on which Tribes rely.

"There's pending litigation over the State of Michigan's order to shut down the pipeline, and ordering Enbridge to vacate the state-owned bottomlands of the Strait of Mackinac," he added. "So, that would spell, I think, the end of Line 5 as we know it."

get more stories like this via email