Oral arguments were heard this week in a legal fight over redistricting outcomes for North Dakota tribal lands.

About a year ago, North Dakota was ordered to adopt a new legislative map after the Spirit Lake Tribe and Turtle Mountain Band of Chippewa Indians, along with some individual voters, filed a lawsuit. They claimed the original map, updated after the 2020 census, illegally diluted Native American voting rights.

Samantha Blencke, senior staff attorney for the Native American Rights Fund, said they are now trying to defend redistricting victories in the appeals process, as state leaders push back on recent developments.

"I think the big point here is these are extreme arguments, they go against decades and decades of precedent," Blencke asserted.

The arguments to which she refers are from the North Dakota Secretary of State's office. In its appeal of the decision to order new political boundaries, it contended private citizens cannot pursue legal action under certain sections of the Voting Rights Act. The state argued its efforts did not violate federal law. Blencke anticipates a decision fairly soon but stressed the legal proceedings have no effect on this fall's election.

However, Blencke pointed out a favorable ruling for the state could affect future elections.

"The Legislature could adopt a new remedial map and propose that to the district court to review, to see if it also remedies the vote dilution," Blencke explained.

But legal groups assisting the tribes do not want to reach that point and would prefer to stick with the court-ordered map. According to the Native American Rights Fund, the 2020 census showed the number of Native voters in North Dakota grew to nearly 6% of the state's voting-age population but added the legislature adopted a district map reducing the number of candidates Native voters could elect in the northeastern part of the state.

Montana has joined a coalition of Indigenous groups working to address Canadian coal mining pollution in the state's Kootenai River.

The International Joint Commission, formed in 1909, works to settle boundary waters differences between the U.S. and Canada. It has formed a governance body to take on the issue.

Tom McDonald, vice chair of the Salish and Kootenai Tribal Council, based on western Montana's Flathead reservation, said Canadian coal mines have been polluting the Kootenai for more than a century.

"To the point where the fisheries in Montana, as the watershed drains into Montana from Canada, it's caused fish to be deformed," McDonald explained. "Our native fish, like bull trout."

McDonald pointed out after years of stalled talks with Canada, the binational governance body will establish a cleanup plan for the 18,000-square-mile watershed over the next two years. One of the group's members is from Montana.

McDonald noted the runoff has affected the Kootenai River for nearly 400 miles into Montana and Idaho, and added the tribes finally resorted to involving the International Joint Commission to help. He emphasized selenium levels from the Canadian mines have reached the point where tribal members, who subsist on the fish in the river, cannot eat it.

"We don't know how far it's going into the food web," McDonald stressed. "We've been asking for Canada to fix the problem, enforce their regulatory laws against the coal mines, and they just haven't been able to do that. It's just elevated every year, and they keep expanding and getting bigger."

The Canadian company NWP Coal is proposing a new mine in the same watershed as the existing coal mines. The company claims its project will not increase selenium contamination but does not address the current pollution issue.


get more stories like this via email

A great way to observe National Native American Heritage Month is to support Native artists but some in Wyoming said there are barriers to their exposure and success.

Some new programs and exhibits support Native art in the region, including a Native Arts Fellowship from the Wyoming Arts Council and a permanent space in Boulder, Colorado's Dairy Arts Center dedicated to Native arts, called the Creative Nations Sacred Space.

Bruce Cook, a Native American artist based on the Wind River Reservation, is a fellow this year and was awarded a startup challenge grant from the Wyoming Innovation Partnership to help emerging Native artists become established creative professionals.

"We just closed the Homeland Show for the welcoming back of the Arapaho and the Cheyenne to their homelands," Cook noted. "We're going to continue on that theme with bringing emerging artists from the reservation down there to get them a show and professional development."

Cook is a celebrated wood carving artist in the Haida tradition and has been expanding his ledger-painting work in the Arapaho tradition. His work will be on display at Scarlow's Art and Coffee in Casper through the end of the month.

Cook pointed out there is not a lot of opportunity for Native artists in the area. Business was easier in Seattle, he said, where he was represented by a gallery. In Wyoming, the road for Native art to be accepted, recognized and funded has been more difficult.

"There's a lot of sales of beadwork within the reservation," Cook acknowledged. "But it's not really being seen outside the reservation. As far as the arts scene in Wyoming, it's pretty nonexistent."

With fellow artist Robert Martinez, Cook cofounded the Northern Arapaho Artists Society and this was the second year they ran a Native arts market in Jackson. He reminded supporters of arts in the West that Native artists are "alive and well, creating art."


get more stories like this via email

President Joe Biden's recent apology on behalf of the federal government for harms done to generations of Native American children and their families in boarding schools was long overdue, according to Cheryl Crazy Bull, president and CEO of the Denver-based American Indian College Fund.

And she said the apology is also a good start toward reconciliation.

"I feel like when you acknowledge something, you take a step toward healing that," said Crazy Bull. "You can't really have reconciliation unless people acknowledge that harm was done."

The U.S. Government removed Native children from their homes and families by force, and placed them in boarding schools where connections to their culture and language were severed.

Children were routinely beaten for not speaking English, and many were killed.

Until now, the program which operated between 1819 until 1969, was justified by U.S. officials as a necessary evil in order to achieve Manifest Destiny.

Crazy Bull said Native people believe that destiny is laid out by the Creator, not people.

She noted the Tribal College movement is in part an effort to take back control of education, and allow members to learn through a Native lens.

"If Manifest Destiny says that somebody else gets to dictate the path that you take," said Crazy Bull, "Tribally Controlled means that you get to dictate that path as a tribal person."

A bill making its way through the U.S. House would create a truth and healing commission, similar to efforts in South Africa in the aftermath of Apartheid.

Crazy Bull said native communities are still struggling - not only with inter-generational trauma - but also a lack of adequate housing, jobs, health care, and education opportunities.

"I feel like there needs to be a significant investment for the reparative work that needs to be done," said Crazy Bull, "in order for Native people to be healed of the harms."



get more stories like this via email