Update from Indian Caucus, Montana Legislature

HELENA, MT –  When this story is printed, the current bi-annual session of the Montana Legislature will reach mid-mark.  That is when bills authorizing new laws can no longer be introduced.  Revenue or appropriations bills, (money bills) on the other hand, can still be brought forward.

Representative Jonathon Windy Boy, Chippewa Cree, told NSNT that he intends to introduce a revenue-related bill which could have far reaching impacts on Montana Indian Country, maybe even setting an example for other States with reservations.  Many Federal programs such as SNAP, Medicare, commodities, etc. are passed through the State to Tribes.  For that service, the State charges an administrative fee of 15% and often tacks on additional reporting requirements.

Representative Windy Boy wants the State to provide a report about how much money is generated by administering these grant funds for Tribes in Montana.  He has tried to get that information, but without a State law to that effect, that has not been possible. “They (the conservative Republicans) like to say that Indians are a “drain” on State resources, but I think these programs allow the State to make a financial “gain,” he remarked.

In other good news, funding to continue the Montana Indian Economic Development Program (ICED) has been secured. Furthermore, Windy Boy reports the funding is no longer on a year-to-year basis but included as a permanent line-item in the State’s base budget. “That means we will not have to fight to preserve the program each session, just quibble about how much money will be appropriated,” he explained. “Now it is a permanent program.”

That program provides grants to individual Indian entrepreneurs who are members of the eight Federally recognized Tribes in Montana.  There have been some amazing Indian small business success stories because of that unique state initiative.

On the other hand, a bill to replace Columbus Day with Indigenous Day was immediately struck down by the Republican majority.  “That sort of idea will never pass in Montana – very liberal idea.  I do not identify as indigenous, which seems to be any brown person now living in America. I am a Chippewa-Cree, not Cuban, Mexican, Hawaiian or Creole. My ancestors were always here,” Windy Boy noted. “I would rather spend my energy and time on matters that bring in more money and support our basic rights.”

To that end, the Montana version of the Indian Child Welfare Act (ICWA) is still alive.  That bill was two years in development, spearheaded by Windy Boy who collaborated with the University of Montana, Indian Law Clinic to develop it. Windy Boy explained that a current case before the US Supreme Court could undermine the national ICWA, just as this Supreme Court overturned Roe v Wade (Abortion Rights).  

The Indian Child Welfare Act is before the country’s highest court yet again. In November the Supreme Court heard oral arguments in the case Haaland v. Brackeen, another legal action about who gets precedence when it comes to adopting Native children. Basically, a non-Indian couple is asserting their right to keep an Indian child adopted in violation of ICWA standards. “It is a tricky case and under this Supreme Court, they might win,” he speculated. “That would be very bad for all Tribes in America.”

What does the Indian Child Welfare Act really do? And if the Court strikes it down, what could that mean for tribal law, and for Native Americans?

“It is another attack upon our sovereignty,” Windy Boy explained.  “They (the whites) have already taken our land, our religion, the boarding schools ruined the lives of so many and now they want our children again.”

His bill would set Federal ICWA standards in Montana. “I am going to invest all my hard-earned chips to get that passed,” he said. “We need to keep our children and I ask our people to support this effort. It really matters.”

Other bills favorable to tribal/native interests in Montana are still alive. Those include fee-waivers at Montana colleges for descendants of enrolled tribal members: continuing and enhancing State funding for the Missing/Murdered Indigenous Persons Project and the Montana Indian Language Preservation Act.

In addition to the tribal-specific bills, the Montana Legislative Caucus maintains a “watch list” of other bills that could impact tribal peoples in Montana including such things as human trafficking, adoption and foster care placement, Medicare/Medicaid expansion, protection of endangered species, hunting and fishing regulations etc.

“It is hectic short time,” said Jason Small, Northern Cheyenne, Chairman of the Indian Caucus, known as a moderate voice among the Republicans, often challenging extreme right-wingers in his party. That is helpful as he has the personal ear of Governor Gianforte. As the President of the State Boilermakers Union, traditionally a Democratic organization, Small does not hesitate to appeal to those interests, often friendly to tribal concerns.

 “Things change from minute-to-minute, and it is hard to predict what happens in back room talks – the ‘good ole boy network’. We are trying our best to keep on top of things and do our the best we can for our tribal people. Simple fact, we are seriously outnumbered and even though we have support from many other quarters, sometimes it is just not enough,” Small summarized.

Ironically, Montana a most western-minded state, leads the nation in the number of tribal members elected to the State Legislature – 12 in a body of 100. They have their hands full but on a bi-partisan basis have accomplished some major legislative milestones for tribal rights and interests.

Stay tuned for the next update about what our tribal warriors (male and female) are doing in the State of Montana. They are our contemporary warriors, fighting on a battlefield unfamiliar to us. Clara Caufield can be reached at acheyennevoice@gmail.com.

 

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