Latest news with #KaidenForman-WebsterICT
Yahoo
28-04-2025
- Business
- Yahoo
Montana Legislature passes bill to allow tribes to enter into cannabis compacts
Kaiden Forman-Webster ICT + Montana Free Press Though House Bill 952 is only two pages long, it has the potential to have major impacts on Montana tribes, according to those who advocated for its passage. Sponsored by Rep. Frank Smith, D-Poplar, Sioux, the bill was requested by the State-Tribal Relations Interim Committee to help tribes navigate barriers in entering and engaging in the cannabis industry. It cleared the Legislature earlier this month, getting support from most Democratic legislators and enough majority Republicans to pass. This is Smith's last year as a legislator before retirement. He was first elected in 1999 and is one of the longest-serving current members. During a recent Montana American Indian Caucus meeting, Smith was wished a happy retirement and congratulated for ending with what members called such an impactful bill. Many of the challenges tribes face in growing and selling marijuana stem from past legislation. House Bill 701, a 153-page bill that became law in 2021, established laws to regulate newly legalized recreational cannabis. The bill placed major constrictions on tribes in regards to cannabis regulations. HB 701 created three major hurdles for tribes when it was enacted. First, it only allowed for one combined-use marijuana licence per tribe, meaning each tribe could only have one location for growing, packaging, distributing and selling cannabis. Second, it restricted tribes to a single-tier canopy licence, meaning a tribe's dispensary and the growing operation must consist in a maximum of a single 1,000-square-foot building. Third, it required tribes to build dispensaries at least 150 miles outside of reservation boundaries and in a 'green county' that allows the sale of cannabis, essentially restricting tribes to operate in highly saturated markets, an issue raised by Patrick Yawakie, co-founder of Red Medicine, LLC, an organization that provides professional civic engagement and lobbying services to tribes. Yawakie said this year's HB 952 will address many of those barriers. He helped draft the bill and said its language was mainly pulled from the Washington state-tribal cannabis compact, which allows Washington tribes and the state enter into agreements to regulate and define cannabis operations within their reservations. Twenty-two out of the 29 federally recognized tribes in Washington have compacts with the state and more are in the process. HB 952 will allow for Montana tribes and the governor's office to create and enter into compacts to regulate cannabis on individual reservations. Each compact would be tailored to the tribes' unique needs. In the agreements, tribes and the governor's office can negotiate things like tax revenue deals for the state and tribes, whether a dispensary can operate on a reservation and how much cannabis tribes can grow and sell, among other things. None of the many regulatory guidelines outlined in the bill would be required. Instead, Yawakie said that the guidelines and the bill itself offer a roadmap for tribes to use as sovereign governments navigating the cannabis industry. 'House Bill 952 is a proactive way to address tribal operations and other topics in partnership through intergovernmental relations,' Yawakie said while testifying as a proponent of the bill when it was heard in an April 4 meeting of the House Energy, Technology and Federal Relations Committee. He elaborated that these cannabis compacts are similar to tribal gaming compacts in language and organization. The compacts, he said, create a strong and well-structured system, unique to each tribe and their needs. Proponents of the bill have echoed Yawakie's sentiment, saying some tribes may decide to stay out of the industry and enter a compact to mitigate cannabis use on reservations and address jurisdictional issues. Other tribes may use the opportunity as a way to promote economic growth and independence, they said. Sen. Gayle Lammers, R-Hardin, who carried the bill on the Senate floor, called it a 'cleanup bill,' stating that tribes were not involved in the legislative process four years ago. 'Not all tribes have recognized legalization but they are noticing that oversaturation of non-tribal-owned dispensaries located in and near of their borders. This has led to products getting into the hands of youths, promoting black markets that could be stopped through the agreements included in HB 952,' Lammers told the Senate on April 17. 'It is pro-business, pro-revenue, pro-collaboration, pro-law enforcement legislation.' Multiple senators stood to speak in opposition of the bill, notably Sen. Barry Usher, R-Laurel, and Senate Majority Leader Tom McGillvray, R-Billings. Usher disputed Lammers' characterization of the bill. 'This is nowhere near a cleanup bill, a cleanup bill is not this extensive,' Usher said, adding that there are already cannabis dispensaries on reservations owned by non-Natives and that there is already 'plenty of marijuana' on reservations. He said that if the issue was only regarding tax revenue agreements, the Senate should leave the law as is. Sen. Jonathan Windy Boy, D-Box Elder, Chippewa Cree, took issue with Usher's comments. He said while there are non-Indian dispensaries on the Fort Peck Indian Reservation, the tribes have no means to regulate them. 'There is no agreement and there has been some hiccups as far as the tribe not being able to hold these dispensaries accountable,' Windy Boy said. 'And [non-Indian dispensaries] say, 'Get out of here, mind your own business.'' McGillvray argued that revenue collected from cannabis sales is outweighed by the societal costs of marijuana use. McGillvray then took issue with reservations legalizing cannabis, saying marijuana use would propel Native youth to illegal drug use. Sen. Greg Hertz, R-Polson, who lives on the Flathead Reservation, addressed issues raised by his side of the aisle. 'If you live on a reservation, state cannot legally charge taxes there [on tribal members],' Hertz said. 'That is why we have entered into compacts between the state and the tribes so we do not have unfair competition.' Hertz continued, saying he felt that compacts between tribes and the state would help ensure state and federal laws are followed. In an interview with Montana Free Press and ICT, Yawakie said compacts are needed 'not just to combat access to cannabis within reservations that want to set some limits. But also, there's tribes in the state that are wanting to move forward with manufacturing or processing, testing, distribution, so that there's an opportunity for them or clarity whenever they come to the table with the state to maintain compliance with state regulations.' This story is co-published by Montana Free Press and ICT, a news partnership that covers the Montana American Indian Caucus during the state's 2025 legislative session
Yahoo
04-03-2025
- Health
- Yahoo
Bill hearing forces Montana state health department to the table
Kaiden Forman-WebsterICT + MTFP New legislation in the Montana state legislature is seeking to revive a key position in the Department of Public Health and Human Services. State Sen. Susan Webber, Blackfeet, last week brought a bill that would create a tribal relations management team, effectively reviving the tribal relations manager position and ensuring that role cannot be absorbed by the American Indian Health Director. With a particular carve out that directly addresses the position and the Director of American Indian Health may collaborate together but the position will need to be held by separate individuals. Webber said this addition is to ensure that the Department does not just create the Tribal Relations Manager Team to have two positions in name, but only one individual to handle the requirements of both. The relations position will focus on consultation between the tribes and state regarding health related issues while the AIHD will be focused on administrative issues. Webber took a different approach to the bill's hearing by introducing it and immediately following it up by requesting the committee table her bill. The reasoning for this abnormal move by Webber to table her own bill during the hearing was that she had accomplished the goal she set out to achieve. Bringing this bill forward was a way to force the Department of Public Health and Human Services to come to the table and address the call for communication and the tribal relations position to be created again. Had the department been in communication from the beginning, 'I would have never brought this bill if that was the case. I got their attention, and now that I know that they are responding through their department policy, that is a win as well. and even though this is not enshrined in code [the tribal relations position]. The point is that it is going to be working.' During her hearing, Webber took it as a chance to voice her frustration with the lack of communication with DPHHS. 'I initiated contact with the department in regard to the position for a month and never got a response,' Webber said. After the Medicaid hearing Webber assumed that this lack of communication would change but it did not. It was at the request of tribal governments that Webber brought this bill forward. Earlier this session, a committee hearing took place to provide an opportunity for tribal voices to speak their opinions and concerns regarding Medicaid and Medicaid Expansion. During this meeting, the Tribal Manager Position that previously existed within the Department of Public Health and Human Services was terminated after Lesa Evers retired in 2021 and became a focal point of conversation and put into question why this position no longer spoke out against this decision taken by the Department of Public Health and Human Services, stating that consultation between tribes and state fell drastically upon the elimination of this position. 'So I'm back, the tribes and I never got a response and the lack of response was a concern. Previously through this position we had very strong communication, this no longer exists. The tribes' healthcare is in the hands of this department and because of this we have a real stake in this department,' Webber said. 'Now that I got the bill and now that it's being heard, they [the DPHHS] finally speak up about the progress they are going to make. I hope this keeps their feet to the fire.' Both Webber and Montana tribes reached out to the DPHHS to discuss the position but never received a response 'I wanted them at the table and this is how I did it. I expect changes and table the bill.' said Webber. 'Answering the communications would have gone a long way.' A possible concern would be what if this move fails and the DPHHS still refuses to create this position within the department and maintain open communication. When asked about this possibility Webber was confident that 'they will do it' There is still no confirmation that the department has taken any concrete actions to remedy the situation but that may change with the upcoming Montana American Indian Caucus meeting. 'We'll see what comes next week, we're going to have the DPHHS. Brereton said he was not going to go,' said Webber. The caucus meets every Wednesday to discuss pertinent issues and future endeavors. In next week's meeting Webber believes the caucus and the department will be able to address the position and its duties going forward. The tribal relations manager was responsible for communicating between the Department of Health and Human Services and tribal governments across the state. Evers served in the position for 11 years, kept in close contact with tribal leaders and community members to ensure tribes were included in important health care decisions. The state health department, however, quietly eliminated Evers' position last year when she retired. Duties of the tribal relations manager were instead absorbed by the DPHHS director of American Indian health. When asked about the decision, a spokesperson from DPHHS in January told Montana Free Press the tribal relations manager duties 'were not eliminated.' 'Rather, these tasks were incorporated into the duties of the [Office of American Indian Health] director to reduce confusion and create a strong, uniform structure for serving tribal populations,' they wrote in an email. Tribal leaders, however, criticized the decision to combine the roles, saying they weren't consulted in the matter. Communication between the state agency and tribal governments, they said, is especially vital considering Native Americans face persistent health disparities. From 2018 to 2022, Native Americans, on average, died 17 years sooner than their white counterparts in Montana, according to DPHHS data. The DPHHS is vital to Indigenous health, Webber in an interview with MTFP and ICT and stressed her disapproval with the Department Director Brereton lack of urgency in this matter. Proponents of the bill included Keaton Sunchild, speaking on behalf of Western Native Voice. He attested to the unusual nature of the hearing, while also taking it as a chance to voice his concern. 'Just keeping in mind, going forward, into the second half of the session, that this shouldn't have gotten to this point,' Sunchild said. 'We're hoping that the government-to-government consultation, that that will continue to happen going forward, so that we don't have to do this again.' This story is co-published by Montana Free Press and ICT, a news partnership that covers the Montana American Indian Caucus during the state's 2025 legislative session
Yahoo
31-01-2025
- Politics
- Yahoo
Montana lawmakers consider expansion of state's Indian Child Welfare Act
Kaiden Forman-Webster ICT + MTFP The sponsor of Montana's Indian Child Welfare Act is proposing several amendments to the bipartisan legislation passed in 2023, saying the changes will extend the law past its statutory sunset later this year, improve consistency in court proceedings around the state and strengthen consultation between state and tribal governments. Sen. Jonathan Windy Boy, Chippewa Cree and a Democrat from Box Elder, introduced the amendments in a Monday hearing before the Senate Public Health, Welfare and Safety Committee. 'What you have before you are amendments detailing more of what was needed,' Windy Boy said during the hearing, referring to the 2023 laws. The committee has not yet voted to advance the bill. Lance Four Star, enrolled Assiniboine and the director of the American Indian Caucus, testified in support of the changes during the Monday hearing. Four Star presented a letter signed by all 12 caucus members stating that Senate Bill 147 is 'a good bill for Indian County and our great state of Montana.' The Indian Child Welfare Act, commonly referred to as ICWA, was passed on the federal level in 1978 to remedy the cascade of Native children that had been displaced from tribes to non-Native households across the entire United States and Alaska. At that time between 75 to 80 percent of Native families had 'lost at least one child to the foster care system,' according to the Montana Department of Public Health and Human Services, often removing children from their culture and tribe. As of 2020, Native children were estimated to be up to 9 percent of the Montana child population and disproportionately 35 percent of the foster care population according to the Montana Judicial Branch Court Improvement Program. Congress realized the severity of this issue and that is why ICWA is centered on the fact that these children are sovereign citizens and the need for protocol when removing them is essential. The act promotes communication between tribes and states to place these children in homes that best represent their distinct culture to remedy the wrongs of the past. Multiple states have written into law their own versions of the Indian Child Welfare Act to strengthen the federal law; Montana, North Dakota, Oklahoma, Washington, and Wyoming are examples of such states to do so. Montana's version of the law passed in 2023 with support from Democrats and Republicans and was later signed by Republican Gov. Greg Gianforte. Many of the proponents testifying in favor of the bill praised the current law as a significant step toward improving state-tribal relations in foster care cases involving tribal citizens and reiterated the painful history of family separations during their testimony. The Indian Child Welfare Act is considered the gold standard for child welfare due to its priority to keep children connected to their families, culture and tribes. Many of the aspects of the Montana Indian Child Welfare Act could be applied to non-native children which was one of the takeaways that Sen. Dennis Lenz-R concluded, saying 'The bulk of it could apply to all children.' This most likely refers to the efforts of the law to keep children with their families and ensures the state does their utmost to look into each case. Windy Boy is a long time representative that has served in both chambers of the Montana legislature and has always been a strong advocate for Indigenous issues. As the sponsor of the bill, he looks to further strengthen the preexisting law with several amendments to continually support that Native children learn their culture. 'It is really important for us to make sure that protection for our little ones, our future generation, are here to remain, are here to continue on this way of life,' Windy Boy said. 'There's a lot of things that you don't see on these laws here, this bill here, that have deeper, pure meaning about the real essence of what we're talking about here, real life experience from the heart, real experience from what was gifted to us from above. It is up to me as a Native to make sure that those future generations learn that way of life.' Dozens of individuals testified in support of the bill, including representatives of tribal governments, nonprofits and courts. Other supporters spoke about their personal experiences, making the drive to Helena for their testimony, while others joined in via zoom to voice their support. Lillian Alvernaz, Nakoda and Lakota, works as an attorney representing parents, tribes, social services, agencies and tribal courts. She gave her testimony as the Chair of the Indian Law Section. During her testimony she shared the story of a Native woman who sought her advice. The grandchildren of a Native woman had been split up, two children going to family members and one baby being placed off reservation within a non-Native household. The woman had not seen her grandchild in months and did not know who to ask for help. This bill will be able to remedy situations like this due to the emphasis of keeping families together and the children tied to their tribes, Alvernaz said. Not a single person spoke out in opposition to the bill. One proponent for the bill, Brooke Baracker-Taylor who serves as an assistant attorney general since 2016 representing the state in dependency and neglect cases in several jurisdictions. She traveled to the Capitol on her own personal time to urge for the passing of the Montana Indian Child Welfare Act bill. Baracker-Taylor provided information on some of the amendments that have been added to the bill. 'What I would say about that is it is extremely important because I think it empowers the department to receive all of the information needed to make thoughtful, informed and compassionate decisions,' she said. This is in reference to the many amendments requiring consultation throughout the placement proceedings, ensuring the respective tribes are informed and vice versa, the state can be informed of the tribe's interests. 'I do not believe that the state can make a fully informed decision about the child without the input of the child's tribe," said Ms. Baracker-Taylor. Baracker-Taylor also spoke to guardianship and how it will be further improved with the new bill. 'The 30 day hearing, will result in early family placements and also facilitates transparency and decision making so that all parties, including resource parents, are on notice regarding potential changes of placement and the likely permanency outcome in our cases,' Baracker-Taylor said. This means that the hearings must be heard within 30 days. One of the last amendments focused on by Baracker-Taylor regards the guardians of the child having the option to enter into compacts with tribes allowing all parties involved the best chance of keeping the child connected to their respective culture. 'Providing them with the necessary tools to assist Indian children connect with their tribes, families and communities.' Ms. Baracker-Taylor said. The overall testimony and Windy Boy himself believes this to be a huge step towards providing Indigenous children within the foster care system the best opportunity to lead a healthy life. Promoting consistency for how these cases are handled by the courts and consultation throughout all proceedings between all parties involved was echoed as the best way to achieve this goal. Montana Free Press and ICT will continue to monitor this bill as it makes its way through the Montana state legislature. This story is co-published by Montana Free Press and ICT, a news partnership that covers the Montana American Indian Caucus during the state's 2025 legislative session
Yahoo
29-01-2025
- Health
- Yahoo
Montana legislature begin discussions on Medicaid
Kaiden Forman-Webster ICT + MTFP While many had the day off for Martin Luther King Jr. Day, the Montana Legislature was hard at work focusing on a number of issues affecting the state. One particular committee meeting for public comment centered on tribal leaders and communities interests in Medicaid and its effects on tribes. The hearing room was jam packed with dozens of individuals ready to voice their concerns for reservations and the surrounding urban areas. Many of those that attended the meeting at the Capitol had to drive multiple hours to ensure the chance to do so. Montanans know how roads can be during the winter and how difficult a high mileage trip can be. Maria Roundstone, Northern Cheyenne, drove more than six hours to represent her tribe through hazardous conditions. She works for the tribes Revenue Department, which handles coding and billing with medicaid. 'It's a long travel,' Roundstone said. 'But looking back at our ancestors, we just had a Fort Robinson Run Breakout and that was from Nebraska and the kids actually run it.' Roundstone was referring to the Fort Robinson Run Breakout, a 400 mile journey back to the Northern Cheyenne Reservation, done on foot to represent the original breakout of Fort Robinson by the Northern Cheyenne in 1879. 'So I mean for someone to run that far, all the way back to our reservation. Driving by car is not too bad.' Others drove anywhere between two and five hours to attend the meeting. Todd Wilson, Crow, is the CEO of the Helena Indian Alliance, stressed the importance of attending in-person, saying it's always best to do so if possible. While the discussion focused on the impact of the Medicaid expansion and the damage that would ensue immediately if the legislature fails to renew it for the state, multiple points of interest were continually focused on by those who attended. Medical providers would see a major cut on all reservations and tribal residents living on reservations, often rural areas, would be put in the category of 'life or limb,' meaning if it doesn't threaten your life or one of your limbs to the point of amputation, it may be difficult getting medical attention. Another main focus regarded the Tribal Relations Manager position that once provided a seat at the table in the Department of Public Health and Human Services. The position provided a tribal voice to speak on health issues affecting tribes. Lesa Evers, Blackfeet, was the last to hold the position and retired in 2023. The position has since been left vacant by the department and was eventually removed entirely. Dr. Anna Sorrell spoke strongly on this matter. She has a PhD in Indigenous and rural health and an extensive background of working for the state, the Confederated Salish and Kootenai Tribes, federal government, and was previously the director of Department of Public Health and Human Services. State representative Mike Fox, a member of the American Indian Caucus, resides on the committee and asked about the Tribal Relations Manager position to get a clearer understanding of its importance. It was at this time that Sorrell voiced her disapproval with the removal of the Tribal Relations Manager position. 'What I learned in that time was that if you're not sitting at the table, your voice is not heard,' Sorrel said. 'What the Tribal Relations Director position did at DPHHS, that was under the direct supervision of the Director, was keep our voice at the table every day for every issue.' After the session was over, many individuals openly discussed the position, how they felt government-to-government relationships were during Evers time and how it had changed for the worse after she retired and the position was terminated. During his time as Confederated Salish and Kootenai Tribal Health Director, Joe Durglo worked closely with Evers and has an intimate understanding of the communication she provided for tribes. 'She had a formal process that she used to go out and meet with the tribes directly. That was her formal process. She also shared her contact information, so if I ran into a problem with a particular pass order or a contract or had questions about specific things within the department, we could reach out to her directly,' Durglo said. 'So, she helped solve problems, she recognized the formal relationship between the State governments and the tribal governments. So she was very aware of that. She had a process where she presented information and representatives of that department to the tribes, formally in the government-to-government relationship.' After Evers left Durglo added that it's been difficult to identify a person within the department to help solve problems and navigate the organization. When asked about how a position similar should be designed, Durglo said it is important to work within and closely with the director. 'Tribes need to have a voice at that table, and that needs to be a tribal voice, not a state agency rep, speaking for us,' he said. 'We just need a voice in those decisions, in those conversations, and I guess vice versa, if the state or that department has questions from the tribe, she was also that liaison. She helped navigate, she understood tribes enough to help navigate that conversation going the other way. So it was a two way pact.' Many want to see the position reinstated. Ted Russette, an enrolled citizen of the Cree Tribe and Vice Chair on the Chippewa Cree of Rocky Boy Executive Branch, said tribes have been left in the dark since her retirement. 'There was no cohesiveness after she left,' Russette said. 'Everything dropped, because she used to keep us, the tribes, informed about what was happening and what was coming down the pipe. After she left, nothing.' The bureaucracy and the frustration that many people in the U.S. have towards it was echoed by Russette's frustration to the challenge of not being able to reach the right person in government, an issue many have faced in all facets of government. For the issue of healthcare Russette had enough of the workarounds and came directly to the capital for answers. 'Finally, we just got to come up here and talked to the governor. Then he gets kind of mad at us. But what do you do?,' he said. Mike Comes At Night, a more recently elected member of the Blackfeet Tribal Council, never interacted with Evers while she was in her position, yet still spoke on his thoughts about the communications with government-to-government relations. 'There needs to be communication between the tribe and state. A position similar to Lesa's would be a chance for that,' Comes At Night said. Roundstone had communicated with Evers in the past and found her to be an integral part of keeping relations intact during her time at the department. Her office now faces the same issue of lack of communication and people suffer because of this. 'Reestablishing this position is instrumental to keeping tribes informed', Roundstone said. From the many voices that described just how influential Evers and her position was, understanding how she created the communication pipelines needed for government-to-government relations will be paramount to this position if the department reinstates it once again. During her tenure, Evers explained the efforts she made to do so. She consistently went to each of Montana's reservations to get contacts from every tribe and also took individuals from the many health departments to the reservations to create relationships between all parties. It was important to her to maintain open and honest lines of communication, even when the news may not have been favorable to tribes. 'I saw tribal governments as partners in our work, communicating with them, keeping them informed about the position that the department had on things which sometimes wasn't favorable to them. You know, being honest, there was a lot of things that I did,' Evers recalled. 'I did tribal tours every spring and fall, I went out and I met with every single tribal government in their chambers. Met with health facilities, the health CEOs, executive directors, and I took staff with me. I would take the Medicaid director. I've taken previous directors, deputy directors, other leadership in the agency, to have that experience out in Indian Country, to sit in tribal chambers and have this formal conversation all the way to Fort Peck, or over to Browning, or wherever it might be. But we did this trip every spring and every fall.' Evers office was two doors down from the director's and she credits working in such a close proximity to the success she was able to have. The funding is still available for a position of similar status. Republican state senator Dennis Lenz wondered why the position went away and where those responsibilities now lie. 'Have some of those functions been dispersed throughout the department? I mean did the actual function get dispersed? I can't speak to why he would have done that. That is kind of unusual,' Lenz said. A letter signed by all members of the Montana American Indian Caucus will be submitted voicing their displeasure with the removal of the position and hope to see it reinstated once again in the department. A representative from the Department of Public Health and Human Services declined to be interviewed for this story. This story is co-published by Montana Free Press and ICT, a news partnership that covers the Montana American Indian Caucus during the state's 2025 legislative session
