Native Sun News: Indian lawmakers win some and lose some

The following story was written and reported by Talli Nauman, Native Sun News Health & Environment Editor. All content © Native Sun News.

Indian lawmakers win some, lose some
By Talli Nauman
Native Sun News
Health & Environment Editor

PIERRE — With the 2014 session of the South Dakota State Legislature drawing to a close March 14, Native American representatives Kevin Killer and Troy Heinert won some and lost some of the resource conservation measures they argued.

Killer and Heinert garnered support from Native American Sen. Jim Bradford and other reservation district lawmakers to protect mountain lions threatened by two bills. However, they failed to convince other senators to approve a water protection resolution.

“This is the biggest slap in the face I’ve had since I’ve been up here,” Heinert said after Sen. Dan Lederman proposed that the Senate Agriculture and Natural Resources Committee substitute his own language for the original.

The Heinert-Killer water resolution had passed the full lower chamber on Feb. 27, as House Concurrent Resolution 1025 “reaffirming the value of South Dakota's groundwater resources and recognizing the need for ongoing evaluation of our groundwater management.” It required no funding.

The Senate committee killed the resolution on March 6 by referring it to the 41st day of the Legislature, which does not exist.

With only two supporting votes -- from Senate co-sponsors Frerichs and Lucas --, the resolution bit the dust when David Omdahl, Ernie Otten, Bruce E. Rampleberg, Larry Rhoden and Shantel Krebs voted it down. Senators Bob Ewing and Mike Vehle were excused from attendance.

At Rhoden’s behest, Committee Chair Krebs then allowed Lederman to present his substitute, employing a prerogative in the South Dakota legislative practice that is part of a process known as “hog housing."

His bill was to assert the Legislature’s opposition to new federal controls for wildlife conservation in the Missouri River corridor.

“I couldn’t have a bigger slap in the face,” Heinert responded. “We’re talking about lands that go back to treaties. My relatives’ names are on these treaties.”

Heinert said he sponsored the measure because “our tribe has passed 14 resolutions when it comes to clean water, our groundwater.” He said the resolution would show support for state agencies that handle water resources.

Lederman countered, “In response to Rep. Heinert, I’ve been involved in this process for a number of years. I wanna make it clear that there was no disrespect or ill will toward the prime sponsor of this bill. That’s why I was waiting until after the motion to defer to the 41st day.”

Amidst reports of several fatal mountain lion shootings and questions about poaching involved, Heinert, Killer and Bradford joined forces with others lawmakers to defeat two bills that would have broadened humans’ edge over their prey.

SB 76 was a bill to allow killing a mountain lion anytime anywhere a person feels a threat to safety from one. It passed the Senate, 21-13, on Jan. 29.

Rep. Betty Olson said she wanted it brought back after its defeat in the 2009 legislature. Heinert argued the bill was unnecessary. He said he does not consider a mountain lion walking through his livestock pasture to be a threat to the safety of cattle, horses or humans, but the bill would have okayed killing it if somebody else considered it to be one. Rep. Don Kopp noted the law already allows killing a threatening lion.

Following their discussion on March 3, the bill failed in the House Judiciary Committee, with a narrow 35-33 vote. Olson mustered a vote to bring it back for reconsideration on March 4. It again went down, by an even narrower 35-34 vote.

HB 1068, co-sponsored by Olson, passed in the lower chamber, 48-22, on Feb. 5, and in the Senate Agriculture and Natural Resources Committee on Feb. 18.

It would have allowed mountain lion stalkers to use dogs to take down their prey, no matter where or when. However, the bill failed in the full Senate.

As a result, decisions on hound hunting remain in the hands of state game management officials. To date, licenses for hound hunting of mountain lions are available only for Custer State Park.

(Contact Talli Nauman, Health and Environment Editor for Native Sun News at talli.nauman@gmail.com)

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