Spearfish Canyon in the Black Hills of South Dakota. Photo by Jordan Wilms
Tribal Chairmen Oppose Land Transfer
By Brandon Ecoffey
Lakota Country Times Editor
lakotacountrytimes.com RAPID CITY -- The Great Plains Tribal Chairmen's Association has passed a resolution against a proposed land transfer in the Black Hills between the federal government and the state of South Dakota. For those who have studied the American constitution the notion that treaties are the law of the land is fairly commonplace, unless you are a South Dakota lawmaker. Earlier this year Sen. John Thune -- with the support of the remaining South Dakota congressional delegation -- introduced S. 3254, a bill that would exchange 1,500 acres of Federal land in the Black Hills to establish a Spearfish Canyon Park. The land included in the exchange is part of land set aside for the Sioux Nation as part of the terms of the 1868 Treaty of Ft. Laramie. Rep. Kristi Noem has also introduced the companion bill, H.R. 5871, to the House without first consulting with tribal nations in the area. Last week the Great Plains Tribal Chairmen's Association passed a resolution demanding that the land transfer be stopped. "The Sioux Nation tribes have never legally ceded the lands in Spearfish Canyon to the United States, and the Sioux Nation tribes have never been consulted concerning this land exchange by the United States or the State... with due respect for the South Dakota congressional delegation, the Great Plains Tribal Chairmen’s Association, Inc. opposes the proposed land exchange because the lands at issue in Spearfish Canyon are part of the original homeland of Sioux Nation tribes, and the Great Plains Tribal Chairmen’s Association, Inc. has never consented to the United States taking of land in the Black Hills," said the association. Earlier this summer Sen. Thune took to the press to win support for the deal that essentially denied tribe's their legal right to be consulted on the matter. "Take a look at state parks across South Dakota and it’s pretty clear why we are pursuing this land transfer. State officials have repeatedly shown their ability to both protect the wide array of South Dakota’s natural resources and provide access to the opportunities they offer. That’s exactly what we need in Spearfish Canyon and Bismarck Lake: a strong emphasis on conservation so these resources can be made available for future generations and at the same time a willingness to provide greater access to these recreational areas," wrote Thune. "It’s my job as your elected representative to make sure the federal government is held accountable to the people of South Dakota. Transferring these acres from federal to state control will fulfill that responsibility and help create more outdoor opportunities for South Dakotans and the millions of visitors to our state each year," he added.
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The federal trust responsibility guarantees that tribes have a right to be consulted on matters that directly impact tribal lands and citizens. Failures by state officials to consult with tribal-nations has become common place in the Dakotas as demonstrated by the resistance to the construction of the Dakota Access Pipeline. There state and federal officials failed to consult with tribes prior to planning the construction of a pipeline that directly threatens the drinking water of many on the Standing Rock Sioux nation. The GPTCA has requested that "the United States to begin the repatriation of Federal lands in the Black Hills by transferring the proposed 1,500 acres of Federal land in Spearfish Canyon to the Sioux Nation tribes and calls upon the President of the United States, the Secretary of the Interior and the Secretary of Agriculture to begin consultation with the Sioux Nation tribes concerning the establishment of a Tribal National Park in Spearfish Canyon." (Contact Brandon Ecoffey at editor@lakotacountrytimes.com) Find the award-winning Lakota Country Times on the Internet, Facebook and Twitter and download the new Lakota Country Times app today.
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