Latest news with #TurtleMountain
Yahoo
6 days ago
- General
- Yahoo
North Dakota tribes ask circuit judges for rehearing of voting rights case
Jamie Azure, chair of the Turtle Mountain Band of Chippewa, speaks during the Tribal Leaders Summit in Bismarck on Sept. 4, 2024. Turtle Mountain, Spirit Lake Nation and three tribal citizens are challenging a ruling in a voting rights case. (Michael Achterling/North Dakota Monitor) The Turtle Mountain Band of Chippewa, Spirit Lake Nation and three tribal citizens this week asked the full 8th Circuit Court of Appeals to review a three-judge panel's finding that they lack standing to bring a voting discrimination case against the state of North Dakota. In a 2-1 decision earlier this month, the panel overruled a North Dakota federal district court's decision that a redistricting plan adopted by the state in 2021 diluted the voting power of Native voters. 'Turtle Mountain fought hard for a fair and legal map. When the state draws unlawful districts, Courts must step in to protect voters — not pave the way for injustice,' Turtle Mountain Band of Chippewa Chairman Jamie Azure said in a statement published by the Campaign Legal Center, one of the organizations representing the plaintiffs in the suit. 'We will continue to fight for fair representation.' Appeals court rules against North Dakota tribes in voting rights case The panel's decision didn't speak to whether the map itself was discriminatory; instead, the judges found that private individuals cannot use a key federal civil rights law as a vehicle to file cases under Section 2 of the Voting Rights Act, which outlaws race-based voting discrimination. The panel in its ruling sent the case back to North Dakota U.S. District Judge Peter Welte with instructions to dismiss the lawsuit. If its ruling stands, North Dakota would revert back to the 2021 map. But if the plaintiffs' request for an en banc rehearing is granted, the case would go before all 11 judges on the 8th Circuit for review. 'Section 2 is the foundational statute that Congress enacted to fight the scourge of racial discrimination in voting, but citizens in this circuit can no longer enforce the right it provides them,' the plaintiffs argue in a brief urging the full appellate court to consider the case. Private individuals and groups previously could file discrimination lawsuits against governments under just Section 2 of the Voting Rights Act without having to invoke Section 1983, a separate civil rights statute. Then, the 8th Circuit in a controversial 2023 ruling on an Arkansas voting rights case found that Section 2 alone doesn't give private parties the right to sue. Instead, the circuit declared that it is the responsibility of the U.S. Attorney General to file Section 2 discrimination cases. Tribes, state argue redistricting case to federal appeals court For more than a year, the question remained open as to whether Section 1983 offered a viable alternative for bringing such Voting Rights Act claims. In a May 14 ruling, the three-judge panel decided it does not. In a majority opinion, the panel wrote that the language of the Voting Rights Act indicates that Congress didn't intend for citizens to file race discrimination claims through Section 1983. The lone dissenting judge on the panel — Chief Judge Steven Colloton — noted in his opinion that private plaintiffs have brought more than 400 actions under Section 2 since 1982. The plaintiffs in their brief point out that the 8th Circuit is the only appellate circuit in the country to rule that Section 2 cannot be enforced through lawsuits brought by private citizens. The circuit includes North Dakota, South Dakota, Minnesota, Iowa, Illinois, Missouri, Nebraska and Arkansas. 'Outside of this circuit, every American citizen can rely on an unbroken line of Supreme Court and circuit precedent to enforce the individual rights given to them by Congress in the Voting Rights Act,' their filing states. 'But as a result of the panel decision here, and the prior decision in Arkansas, American citizens in this circuit are denied that right.' The lawsuit was triggered by a redistricting plan adopted by the North Dakota Legislature in 2021 that placed the Turtle Mountain and Spirit Lake reservations in new districts. U.S. District Court Judge Peter Welte in 2023 ruled that the new map was discriminatory and ordered the Legislature to implement a new map that placed the reservations in the same voting district. Three Native American lawmakers from that district were elected in 2024: Sen. Richard Marcellais and Rep. Jayme Davis — both citizens of the Turtle Mountain Band of Chippewa — and Rep. Collette Brown, a citizen of the Spirit Lake Nation and plaintiff in the lawsuit. 'The fair map we secured led to a historic first — a Spirit Lake Nation member elected to the North Dakota Legislature,' Spirit Lake Nation Chairperson Lonna Jackson-Street said in a Wednesday statement published by the Campaign Legal Center, one of the organizations representing the plaintiffs in the case. 'This decision threatens that progress and weakens our voice in state government.' Marcellais had previously served 15 years in the statehouse until he lost his bid for reelection in 2022. He was reelected in 2024. Davis was first elected in 2022, then reelected last year. If the 2021 map is reinstated, three state lawmakers would move to different districts, according to the North Dakota Secretary of State's Office. Rep. Colette Brown, D-Warwick, would go from representing District 9 to District 15. Rep. Donna Henderson, R-Calvin, would switch from District 15 to District 9B, while Sen. Kent Weston, R-Sarles, would switch from District 15 to District 9. They would all have to seek reelection in 2026. SUPPORT: YOU MAKE OUR WORK POSSIBLE SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Washington Post
07-05-2025
- Climate
- Washington Post
Wildfires burn thousands of acres on tribal lands in North Dakota
BISMARCK, N.D. — Crews have been fighting at least 16 wildfires throughout North Dakota in the last several days, including several large fires still burning Tuesday across wooded areas and grasslands on the Turtle Mountain Reservation near the Canadian border. Dry and breezy conditions before the spring green-up haven't helped the situation. Much of the state is in some level of drought, including a swath of western North Dakota in severe or extreme drought, according to a recent map by the U.S. Drought Monitor. Numerous agencies including the North Dakota Forest Service and fire departments have responded to the fires. National Guard Black Hawk helicopters have dropped water, saving homes. Officials requested fire engines from as far as Montana and South Dakota. Tribal members with buckets and hoses sprang into action to fight the flames. 'It's inspiring that our people can rise up and help each other out like that,' Turtle Mountain Band of Chippewa Tribal Chair Jamie Azure said Tuesday. Three distinct fires that have been joining and separating have burned about 6.5 square miles (16.8 square kilometers) in the Turtle Mountain area, according to the state Department of Emergency Services. Most of the fires have been north of Belcourt, in the northern part of the Turtle Mountain Reservation, said Jenna Parisien, recruitment and retention coordinator and spokesperson for the Belcourt Rural Fire Department. 'We have several locations where areas have burned, so places were lit up all at once, and with the unfavorable weather conditions that we have had, areas keep relighting, embers are causing spread to surrounding areas as well,' Parisien said. The fires steadily kicked off on Friday, she said. It wasn't clear how much of the fires were contained. Three firefighters were treated for exhaustion, dehydration and smoke inhalation, but were doing well, Azure said. One vacant mobile home was believed to be lost, but there were no other injuries or homes lost despite fires in people's yards, he said. About 10 families evacuated from their homes, he said. Crews were battling high winds with the fires on Monday, but rain overnight, moderate winds and firefighters' great efforts have improved the situation, Azure said Tuesday. Seventy-five to 100 firefighters responded on Sunday, the busiest day, Parisien said. Local businesses and tribal members have helped, Azure said. Advertisement Causes of the fires are thought to be accidental, potentially sparks escaping from residents' trash-burning barrels, Parisien said. Advertisement But some people have been taken into custody in connection with intentionally starting a fire, she said. She declined to elaborate. The Associated Press emailed the Bureau of Indian Affairs for comment. Nearly all of the 16 fires around the state are 100% contained. A fire in Rolla on Sunday led to evacuations.
Associated Press
06-05-2025
- Climate
- Associated Press
Wildfires burn thousands of acres on tribal lands in North Dakota
BISMARCK, N.D. (AP) — Crews have been fighting at least 16 wildfires throughout North Dakota in the last several days, including several large fires still burning Tuesday across wooded areas and grasslands on the Turtle Mountain Reservation near the Canadian border. Dry and breezy conditions before the spring green-up haven't helped the situation. Much of the state is in some level of drought, including a swath of western North Dakota in severe or extreme drought, according to a recent map by the U.S. Drought Monitor. Numerous agencies including the North Dakota Forest Service and fire departments have responded to the fires. National Guard Black Hawk helicopters have dropped water, saving homes. Officials requested fire engines from as far as Montana and South Dakota. Tribal members with buckets and hoses sprang into action to fight the flames. 'It's inspiring that our people can rise up and help each other out like that,' Turtle Mountain Band of Chippewa Tribal Chair Jamie Azure said Tuesday. Three distinct fires that have been joining and separating have burned about 4,200 acres (1,700 hectares) in the Turtle Mountain area, according to the state Department of Emergency Services. Most of the fires have been north of Belcourt, in the northern part of the Turtle Mountain Reservation, said Jenna Parisien, recruitment and retention coordinator and spokesperson for the Belcourt Rural Fire Department. 'We have several locations where areas have burned, so places were lit up all at once, and with the unfavorable weather conditions that we have had, areas keep relighting, embers are causing spread to surrounding areas as well,' Parisien said. The fires steadily kicked off on Friday, she said. It wasn't clear how much of the fires were contained. Three firefighters were treated for exhaustion, dehydration and smoke inhalation, but were doing well, Azure said. One vacant mobile home was believed to be lost, but there were no other injuries or homes lost despite fires in people's yards, he said. About 10 families evacuated from their homes, he said. Crews were battling high winds with the fires on Monday, but rain overnight, moderate winds and firefighters' great efforts have improved the situation, Azure said Tuesday. Seventy-five to 100 firefighters responded on Sunday, the busiest day, Parisien said. Local businesses and tribal members have helped, Azure said. Causes of the fires are thought to be accidental, potentially sparks escaping from residents' trash-burning barrels, Parisien said. But some people have been taken into custody in connection with intentionally starting a fire, she said. She declined to elaborate. The Associated Press emailed the Bureau of Indian Affairs for comment. Nearly all of the 16 fires around the state are 100% contained. A fire in Rolla on Sunday led to evacuations. Fires on the Fort Berthold Reservation burned at least 2,000 acres (810 hectares). An 1,800-acre (728 hectares) fire on the reservation is 40% contained. No structures are believed lost to it, state Department of Emergency Services spokesperson Alison Vetter said.
The Independent
06-05-2025
- Climate
- The Independent
Wildfires burn thousands of acres on tribal lands in North Dakota
Crews have been fighting at least 16 wildfires throughout North Dakota in the last several days, including several large fires still burning Tuesday across wooded areas and grasslands on the Turtle Mountain Reservation near the Canadian border. Dry and breezy conditions before the spring green-up haven't helped the situation. Much of the state is in some level of drought, including a swath of western North Dakota in severe or extreme drought, according to a recent map by the U.S. Drought Monitor. Numerous agencies including the North Dakota Forest Service and fire departments have responded to the fires. National Guard Black Hawk helicopters have dropped water, saving homes. Officials requested fire engines from as far as Montana and South Dakota. Tribal members with buckets and hoses sprang into action to fight the flames. 'It's inspiring that our people can rise up and help each other out like that,' Turtle Mountain Band of Chippewa Tribal Chair Jamie Azure said Tuesday. Three distinct fires that have been joining and separating have burned about 4,200 acres (1,700 hectares) in the Turtle Mountain area, according to the state Department of Emergency Services. Most of the fires have been north of Belcourt, in the northern part of the Turtle Mountain Reservation, said Jenna Parisien, recruitment and retention coordinator and spokesperson for the Belcourt Rural Fire Department. 'We have several locations where areas have burned, so places were lit up all at once, and with the unfavorable weather conditions that we have had, areas keep relighting, embers are causing spread to surrounding areas as well,' Parisien said. The fires steadily kicked off on Friday, she said. It wasn't clear how much of the fires were contained. Three firefighters were treated for exhaustion, dehydration and smoke inhalation, but were doing well, Azure said. One vacant mobile home was believed to be lost, but there were no other injuries or homes lost despite fires in people's yards, he said. About 10 families evacuated from their homes, he said. Crews were battling high winds with the fires on Monday, but rain overnight, moderate winds and firefighters' great efforts have improved the situation, Azure said Tuesday. Seventy-five to 100 firefighters responded on Sunday, the busiest day, Parisien said. Local businesses and tribal members have helped, Azure said. Causes of the fires are thought to be accidental, potentially sparks escaping from residents' trash-burning barrels, Parisien said. But some people have been taken into custody in connection with intentionally starting a fire, she said. She declined to elaborate. The Associated Press emailed the Bureau of Indian Affairs for comment. Nearly all of the 16 fires around the state are 100% contained. A fire in Rolla on Sunday led to evacuations. Fires on the Fort Berthold Reservation burned at least 2,000 acres (810 hectares). An 1,800-acre (728 hectares) fire on the reservation is 40% contained. No structures are believed lost to it, state Department of Emergency Services spokesperson Alison Vetter said.
Yahoo
15-02-2025
- Business
- Yahoo
Grand Forks casino bill defeated in North Dakota Senate after 'cartels' comment by Sen. Diane Larson
Feb. 14—BISMARCK — A bill that would allow the Turtle Mountain Band of Chippewa to expand beyond its traditional boundaries and perhaps one day open a $300 million resort and casino in Grand Forks was defeated in a state Senate vote on Friday afternoon. The vote came after Sen. Diane Larson, R-Bismarck, openly wondered if the tribe is financially backed by "cartels" and also after she made questionable statements about the tribe's land acquisition and other background items. Senate Bill 2376 sought to add language into state law regarding Turtle Mountain's current gambling abilities. At present, the law declares the band may only operate "on land within Rolette County held in trust for the band by the United States government which was in trust as of the effective date of the Indian Gaming Regulatory Act of 1988." SB 2376 sought to add "and on land within Grand Forks County" to the language. It was defeated 29-15, likely killing — at least for now — the tribe's plans to build on land it already has purchased west of Interstate 29, just along Grand Forks' southern city limits. The tribe's goal was to construct a "high-end resort" at a cost of $280 million to $300 million . It would have employed some 800, according to data compiled by a 2022 feasibility study. Further, the study predicted the casino would have had upwards of 400,000 out-of-area visitors each year and gross gaming revenue of approximately $80 million in its first year of operation. Proponents — including Sen. Scott Meyer, R-Grand Forks — have stressed in recent weeks that the tribe sought no funding help from the city or county of Grand Forks and, since tribal gaming isn't eligible to be taxed in typical ways, that the tribe would make payments to local taxing entities in lieu of traditional taxes. Opponents have voiced concerns about its impact to charitable gaming — although the tribe expressed interest in keeping those organizations whole — and possible increases in gambling addiction. Sen. Richard Marcellais, D-Belcourt, represents the district that includes the Turtle Mountain Band's headquarters. He told senators Friday that "the tribe is not asking for funding. "I repeat, they are not asking for funding — just a tribal gaming compact that permits this gaming project to continue," he said. Had 2376 passed, it would have been just one of many steps needed — including federal approval — before construction could begin. On the Senate floor, Meyer spoke at length about its merits prior to Friday afternoon's vote. After it was defeated, he expressed disappointment about comments made by Larson. "(A casino) sounds like such a fun idea for a community," Larson said, apparently with sarcasm, just prior to the vote. "Maybe every major city in North Dakota should partner with a tribe and give land and we can have casinos all over our state. But when North Dakota decided to legalize gambling, it was for the purpose of charitable gaming, not for economic development. The charitable gaming was very limited in what could be used. ... This, in my opinion, and in opinion of the majority of our committee, is a very wrong way for us to go in North Dakota to add to the problems that come with major casinos that are off the reservation land and contained within that sovereign land. "And as an aside, I did ask one of the proponents where the tribe is going to get the money to build all of this. I never did get an answer for where the money is coming from," she said, referring to a committee hearing earlier this month. "Cartels, or what? I don't know where it's coming from." Larson's suggestion that cities should "give land" to tribes for casinos is contrary to the background of the Grand Forks proposal. The Turtle Mountain Band purchased 146 acres near Grand Forks for its use. The comment about "cartels" quickly drew criticism from others in the chamber, including Sen. Kristin Roers, R-Fargo. "I was incredibly offended by a statement made from one of the previous speakers," Roers said. "It felt very derogatory and I think that our chamber is better than that." She acknowledged Larson's concern about a casino's potential impact on legal charitable gaming, but claimed gambling in the name of charity has risen "almost 600%," apparently countering Larson's earlier statement before the full Senate that charitable gaming is "very limited." Another concern that should be addressed, Roers said, is visitor attraction. "How do we find people to come (to North Dakota) from the outside?" she asked. Meyer was disheartened by Larson's comments. "I was disappointed by the language of the chair of the Judiciary Committee claiming the tribe is associated with cartels in order to defeat this project," Meyer told the Grand Forks Herald after the vote. "It's hard to argue with people using incorrect data, hypotheticals and hearsay." During a hearing before the Senate Judiciary Committee on Feb. 5, Turtle Mountain Band of Chippewa Chairman Jamie Azure was asked by a committee member how the tribe would raise the money for the $300 million project. Larson, who said Friday that she didn't get an answer, is on the committee's chairwoman. But during the Feb. 5 hearing, Azure responded to the question. The hearing was covered by the Herald; the story's headline was " Cash for proposed Grand Forks casino would come from tribal funds, 'private bank financing,' Azure says ." "With the casinos that we have in place now, there is a percentage that automatically goes back to the tribe from each casino ... (that goes) into an economic development fund. So we would utilize a lot of our economic development funds," Azure said during the Feb. 5 hearing, in response to the question. "In the last 10 years, Turtle Mountain has really turned the corner on economic development with other strategies that we have implemented. If there was a credit score for a tribe, we are doing very well right now." The funds to build the proposed casino thus would come from "private bank financing and self-financing — that would be a large majority of how we would move forward," he said. Shortly after Larson's suggestion about cartels, Sen. Ryan Braunberger, D-Fargo, rose to make a clarifying statement. "One of the things to correct from the previous speaker, regarding 'where is the money coming from?', is private banks," said Braunberger, who also is a member of the Judiciary Committee. "There was no mention of cartels. Second, the tribe has purchased the land at Grand Forks. It wasn't given to them. And they have already invested money into this." Larson later stood and apologized for the comment about cartels. The bill got "yes" votes from Grand Forks senators Jeff Barta, Claire Cory and Meyer. Jonathan Sickler was absent. Meyer said it is conceivable that SB 2376 could get new life, but that it's unlikely.
