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Yahoo
02-04-2025
- Health
- Yahoo
Montana lawmakers urge state health department to reinstate tribal relations position
Kaiden Forman-WebsterMTFP + ICT Those who have fought to restore the tribal relations manager position in the state health department saw a positive step last week when the committee tasked with helping craft the state budget introduced an amendment indicating support for reestablishing the role. The state health department eliminated the position in late 2023 when longtime employee Lesa Evers retired. As tribal relations manager, Evers traveled to tribal communities across Montana to communicate changes in state health policy and served as the point of contact for tribal leaders with questions or concerns. When the job was cut and in legislative hearings this year, tribal leaders, health officials, community members and others urged the state health department to reinstate the role, saying it's critical in improving health outcomes in Indian Country. The state health department, meanwhile, has said that the duties and responsibilities of the tribal relations manager have been absorbed by the American Indian health director in the department. Tribal advocates, however, say the work is too much to be done by one person. Rep. Mike Fox, D-Hays, Gros Ventre and Assiniboine, sponsored the amendment. He said the legislative intent of the change is to establish the tribal relations manager position once again and make clear 'it will be held by some person that will have the same level of communication [as the previous person in the tribal relations manager position], stationed in Helena, and prioritize tribal consultation above all else.' The amendment does not include funding for the role. Rep. Donavon Hawk, D-Butte, Crow, Crow Creek Sioux introduced the amendment on behalf of Fox to the House Appropriations Committee and told lawmakers that it's meant to prod the department. 'This is not binding. The governor's office and the health department should be taking the tribal relations position more seriously,' Hawk said. Though there's not money tied to the amendment, Rep. Mary Caferro, D-Helena, said the wording is strong. 'Here is what I know, you can even use it [legislative intent] in court,' Caferro said in a late-March interview with Montana Free Press and ICT. Rep. Bill Mercer, R-Billings, was one of the two no votes on the amendment. Mercer said he opposed it because Charlie Brereton, the director of the Department of Public Health and Human Services, told Mercer and others that he does not believe tribal consultation has been diminished. The amendment passed 21-2. The state health department has argued that the tribal relations position was often duplicative with the American Indian health director. In an email sent March 25, a spokesperson for the department said it 'reorganized to improve coordination, continuity and consistency with how the Department serves tribal and urban leaders.' Democratic Gov. Steve Bullock in 2015 established the Office of American Indian Health, within the state health department, after a report revealed that Native Americans died 20 years earlier than their white counterparts in Montana. The office was established to address those health disparities. The office would also advance the work of the state health department's tribal relations manager. Evers, the tribal relations manager at the time, reported to the director of the state health department and upheld government-to-government consultation between tribal governments, the state and the federal government. The tribal relations manager was an independent position within the state health department. The Office of American Indian Health, run by the American Indian health director, is also its own entity within the department. In a March 25 statement, a spokesperson for the department said 'this arrangement was inefficient and redundant.' In an interview in January with Ted Russette III, vice chairman of the Chippewa Cree Tribal Business Committee, Russette reflected on how Evers operated to ensure tribes were kept updated on state and federal health policy. 'She would have went to every one of our reservations. That's what she used to do. Since she left, nothing. It is a big drop off,' Russette said of Evers, echoing comments by other tribal leaders and tribal health department employees. Evers in a recent interview reflected on her time at DPHHS, saying that she would take trips to every tribe in Montana twice a year and sometimes more than that, often bringing department leaders with her to introduce them to tribal leaders across the state to build relationships. A 2016 Montana Healthcare Foundation report detailed that 'Many people specifically noted that Lesa Evers (DPHHS tribal relations manager) is doing a great job and has helped tribes tremendously in their work with DPHHS, and noted that the Office of American Indian Health should not subsume or replace her or her position.' However, when the health department quietly eliminated the tribal relations position, it moved those duties to the American Indian health director. 'The removal of the position was done without their consultation,' Evers said, referencing tribal leaders. In a Jan. 21 letter to health department Director Brereton, state Sen. Susan Webber, D-Browning, Blackfeet, wrote that the Legislature's interim State-Tribal Relations Committee traveled to all seven reservations in Montana in 2024 and heard frustrations from around the state about the loss of the position. 'It became apparent that the tribal leaders were concerned about the DPHHS ignoring their voices since the retirement of the tribal health manager position this past year,' Webber wrote. 'This position built trust between them and the department.' This elimination of the position became a point of contention after a budget subcommittee hearing earlier this session when tribal leaders from around the state called for the Legislature and the department to reinstate the position. On Feb. 26, Webber brought a bill that would have created a tribal relations management team in the department, effectively reviving the tribal relations manager position. But at a hearing for the bill, Webber immediately asked the Senate Public Health, Welfare, and Safety Committee to table the legislation, effectively killing it. Webber said that was because the bill had served its purpose by establishing communication with the health department regarding the issue. 'Now that I got the bill and now that it's being heard, they [DPHHS] finally speak up about the progress they are going to make,' Webber said during her bill hearing. 'I hope this keeps their feet to the fire.' Even though Webber made it clear that she wanted her bill tabled, Sen. Dennis Lenz, R-Billings and chair of the committee, gave people that attended the hearing time to testify. American Indian Health Director Stephanie Iron Shooter spoke on behalf of the state health department. Iron Shooter told lawmakers and other attendees that her office, along with the new structure created after the removal of the tribal relations manager position, is maintaining and working to strengthen tribal relations. It's unclear if DPHHS would have supported Webber's bill; the department did not comment when asked. 'The Office of American Indian Health team within the department works very hard to oversee all aspects of tribal relations,' Iron Shooter said. 'Our new structure is working and we wish to maintain and continue strengthening it.' Kelsen Young, representing the Montana Coalition Against Domestic and Sexual Violence, testified that she was disappointed with the tabling of the bill. 'We were able to witness firsthand how important that was, as we [the Montana Coalition Against Domestic and Sexual Violence] served on various task force councils, etc., within DPHHS,' Young said. 'I guess what I was most excited about for this bill is the fact that it would be enshrined in code so that it would be an ongoing, committed position, regardless of the whims of the director or the governor.' During the weekly Montana American Indian Caucus meeting March 19, Iron Shooter, speaking on behalf of DPHHS, told lawmakers that her office covers a vast spectrum of responsibilities including tribal consultation. 'We're also here to provide a platform for tribal governments and tribal members, and we're talking about the constituents as well, to provide us with candid insights into the divisions and offices and programs [and] facilities and feeding those needs into our system at the department,' Iron Shooter said. Iron Shooter told the caucus that an internal assessment in DPHHS after she was hired in 2022 showed her position and the tribal relations manager were 'duplicative government-to-government efforts.' 'For the future, what we wanted to really come to an agreement with after the retirement of the tribal relations manager, was to really provide for a real, single point of contact,' Iron Shooter said. 'Streamline communication and relationships for American Indian leaders, tribal governments, urban Indian organizations, between them and the department, divisions and staff … across the board, with the department [providing] more resources for implementation without increasing funding.' As director of the office, Iron Shooter said her responsibilities include research and development, incorporating Indian health equity into policies and programs, tribal relations and providing technical assistance. In recent months the Office of American Indian Health has seen expansion with the hiring of two new employees, including an American Indian health program officer and an American Indian child and family program specialist. Iron Shooter said her office is working to build relationships with tribes statewide. 'Now, we are not there yet. We are slowly building on providing the information,' Iron Shooter said. 'It's going to take some time to build these processes, and it's not going to happen overnight. And I feel like the department is being super patient and kind with our process that we've developed.' In her remarks to the caucus, Iron Shooter emphasised the office's focus on consultation. 'We are tribal members. We grew up here in Montana,' Iron Shooter said. 'And while I don't report directly to the department director, I am in the director's office, and there is always an open-door policy with the director and myself to communicate. And I do report to him once a month, and it's on demand.' Iron Shooter is a citizen of the Sicangu Oyate from the Rosebud Sioux of South Dakota and of the Aaniih Anin from the Fort Belknap Indian Community of Montana. Several American Indian Caucus members have alleged that Iron Shooter works remotely rather than in Helena at the DPHHS office. The state database that tracks employee pay shows Iron Shooter as located in Billings as of 2024. When asked if Iron Shooter is a remote worker, the health department replied that the question would have to go through a public information request portal. That yielded a direction to use the state's pay transparency website. The department responded similarly when MTFP requested a tour of the Helena office; that was denied. Fox told MTFP and ICT that Iron Shooter is not stationed in Helena. 'She told me herself, she works from an office in Billings,' Fox said. Evers, who worked out of the DPHHS office in Helena, said being located in the capital city was crucial to her role. 'I was a part of leadership and reported directly to the director [of DPHHS]. This built the relationship internally with all staff,' Evers said. Iron Shooter is a level below Evers' former post and reports to the Public Health and Community Affairs Executive Director Dave Gerard, according to organizational charts. By being located in Helena, Evers said she was involved in impromptu meetings and she believes that department leaders thought to involve her in discussions that could potentially affect Indian Country because they saw her in the building every day. 'I understand that the department wants to be effective, but there has been ample time now to see that the newer process is not working, which was expressed by legislators and tribal leaders," Evers said Webber said if the position is not reinstated by this Legislature, 'we will bring this bill back next session.' Webber also suggested that during the interim before the 2027 legislative session, the interim State-Tribal Relations Committee could consider recommending the creation of a new state department, what she called 'the Department of Legislative Tribal Consultation.' Fox said he thinks there's a '50-50 chance' the amendment made in the budget committee last week has the desired effect, adding if it doesn't happen this session it will continue to be a priority going forward. 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
20-03-2025
- Politics
- Yahoo
Montana legislature aims to resolve law enforcement dispute
Nora Mabie and Kaiden Forman-WebsterMTFP + ICT Lawmakers have proposed two bills this session that aim to resolve a long-standing law enforcement dispute between the state of Montana, Lake County and the Confederated Salish and Kootenai Tribes. At the center of the conflict is Public Law 280, a federal law that shifts law enforcement jurisdiction on some Indian reservations from the federal government to certain states. While Public Law 280 was mandatory for six states when it was enacted in 1953, in Montana individual counties or the entire state could choose to opt in. Unlike the original federal law, a Montana law required tribal consent. In 1965, frustrated with what they said was insufficient federal policing and inadequate resources at the tribal level, the Confederated Salish and Kootenai Tribes (CSKT) consented to implementing Public Law 280 on the Flathead Reservation. Since then, local county law enforcement — rather than federal entities like the FBI and Bureau of Indian Affairs — has had jurisdiction over accusations of felony crimes committed by tribal members on the Flathead Reservation. And for the last 30 years, the CSKT have investigated claims of misdemeanors committed by tribal members, helping shoulder the jurisdictional burden. The two bills proposed this session come from non-Native Lake County lawmakers. The proposals take different approaches to addressing the funding question, and one has garnered support from CSKT leadership as well as the lieutenant governor. Lake County in northwest Montana overlaps with much of the Flathead Indian Reservation. In the 1960s Lake County officials supported Public Law 280, saying it would help combat crime on the reservation, but attitudes have shifted in the decades since. Because the federal law is unfunded, Lake County officials have for years said it is burdensome to taxpayers. Where county leaders argue the state should reimburse Lake County for the law enforcement services it provides on the reservation, Republican Gov. Greg Gianforte has maintained that funding Public Law 280 is the responsibility of individual counties, not the state. The conflict has serious implications for Native and non-Native Lake County residents as it could change which law enforcement entity — state, tribal or federal — has jurisdiction over certain crimes committed on the reservation. County officials have over the years turned to the courts and the Legislature to resolve the dispute — to no avail. They've also threatened to withdraw from the agreement altogether, which would kick jurisdictional responsibility to the state. In 2021, the Legislature appropriated $1 to Lake County for exercising jurisdiction on the Flathead Reservation — an amount a Montana judge later called 'patently absurd.' And last legislative session, Gianforte vetoed a bill that would have sent $5 million in state money to the Montana Department of Justice to offset costs for Lake County over a two-year period. The bill also would've created a Public Law 280 task force, and it would have prevented Lake County from withdrawing from the Public Law 280 agreement in the future. In his 2023 veto letter, Gianforte wrote that reimbursing Lake County would create 'a slippery slope at the end of which we can expect another request for funding in 2025 from Lake County — and any other counties experiencing financial pressures in enforcing state criminal jurisdiction within their boundaries.' This session, two lawmakers have brought bills they say will remedy the conflict. Rep. Tracy Sharp, a Republican from Polson, sponsored House Bill 366 that would provide $5 million to reimburse Lake County over the next two years. Unlike the bill Gianforte vetoed last session, Sharp's bill does not prohibit Lake County from eventually withdrawing from the agreement. Sharp's bill was heard early in February and as of March 17, it had not passed out of the House Judiciary Committee. While Sharp called Public Law 280 'a model for law enforcement on the reservation' in a February House Judiciary Committee hearing, he added that 'Lake County and Lake County's taxpayers, tribal and non-tribal, simply cannot afford to bear the financial burden of Public Law 280 any longer.' No one spoke in support of Sharp's bill. The bill's only opponent, Keaton Sunchild, Chippewa Cree, with Western Native Voice, offered what he called 'soft opposition,' saying the organization would like to see more consultation with the CSKT on the matter. Several lawmakers on the committee noted the lack of testimony from state or tribal representatives, saying their perspectives would help inform their votes. Sharp earlier this session proposed a bill to open parts of the Flathead Reservation to non-tribal landowners, which drew sharp criticism from the CSKT and ultimately failed. In February, Sen. Greg Hertz, a Republican from Polson, introduced his own Public Law 280 bill, which as of March 15 had made its way through the Senate and will be heard in the House. In a February hearing before the Senate Finance and Claims Committee, Lt. Gov. Kristen Juras spoke in support of Senate Bill 393 — a notable departure from the governor's past opposition to Public Law 280 legislation. 'The governor supports a one-time only solution to help with the tribes and the state transition to a solution where both of them can contribute financially to the ongoing costs of enforcement,' she said. When asked if Gianforte would sign Public Law 280 legislation this session, a spokesperson told Montana Free Press the governor 'will consider any bill that makes it to his desk.' Lake County Commissioner William Barron and CSKT secretary Martin Charlo also supported Hertz's bill in testimony before the committee. Sen. Jonathan Windy Boy, Chippewa Cree, and whose district overlaps with six counties and three reservations, criticized the bill on the Senate Floor, calling it unfair. 'What about the other 55 counties?' he asked. 'What about the other six tribes?' SB 393 does not yet contain a fiscal note prepared by the governor's budget office that would estimate its price tag. But Hertz said the funding level will be determined by the House. '[Between] $5-7 million is the range,' Hertz told MTFP. 'That's what the governor's office talked about.' In their testimonies, both Sharp and Hertz alluded to the possibility of Lake County withdrawing from the Public Law 280 agreement. If the county were to withdraw, Hertz said the state would assume jurisdiction and could end up spending $100 million to build new facilities and establish new police forces. Rep. Shelly Fyant, citizen of the CSKT, told MTFP she would not support Sharp's bill but will likely carry Hertz's bill on the House floor. Fyant said the tribe and Lake County have been collaborating on SB 393. 'This is the most I have seen them work together [the CSKT and the county] on this issue,' she said. Even with this collaboration and Juras' support, however, Hertz said he thinks his bill has 'a 50-50' chance of crossing the finish line. 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
