1982-03-01 Char-Koosta News

              PABLO, MONTANA 59855 ISSN: 0528-8592
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Chief Charlo
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NEWSPAPER OF THE SAUSH, PEND (TOREILLE AND KOOTENAI TRIBES OF THE FLATHEAD INDIAN RESERVATION, WESTERN MONTANA VOLUME 10 NUMBER 20 FULL MOON OF THE GOOSE FLIGHT
MARCH 1, 1982
Tribal sovereignty makes a few strides in circuit court
The month of February proved to be a good one for court cases involving Tribal sovereignty.
First, on February 8, the 10th Circuit Court of Appeals ruled that the Shoshone and Arapahoe Tribes of Wyoming's Wind River Reservation have the authority to zone fee lands there.
The memo announcing the decision to Tribal Chairman Tom Pablo, received from the legal firm of Wilkinson, Cragun and Barker (who represented the Wind River tribes), called the ruling "a significant victory for Indian tribes". The message goes on:
"At issue in the Knight case was the validity of the Tribes' zoning ordinance, which by its terms applied to all
lands, trust and fee, within the Reservation boundaries. The plaintiffs, the Knights, planned and began development of two subdivisions on fee lands within the Reservation without obtaining the approval of the Tribes as required by that zoning ordinance. The Tribes brought suit to enjoin the development of the subdivisions and to recover damages. On motions for summary judgment, the United States District Court for the District of Wyoming held that the Tribes have the inherent authority to zone fee lands on the Reservation, and that the tribal zoning ordinance is a valid exercise of that power.
"In affirming the District Court's
decision, the Tenth Circuit relied on the Supreme Court's decision in Washington v. Confederated Tribes of the Colville Indian Reservation, and Montana v. United States, noting that under Montana tribes retain civil jurisdiction over non-Indians on their reservations, even over non-Indian fee lands, when the conduct to be regulated 'threatens or has some direct effect on the political integrity, the economic security, or the health and welfare of the tribe.' The court found that the absence of any land use control over lands within the Reservation, and the interests of the Tribes in preserving and protecting their homeland from
(Continued on page 3)
Have we 'moved' to Portland yet?
Rumor at the last Council meeting had it that we had will fly to Portland later, on the transfer item. A report is due
become part of BIA's Portland area, about a week before the the morning of February 26... too late for this issue, but stay
Associated Press said the Billings Area Office had been tuned.
closed. |      »      »      |      »  —+-   » i»       )      ^
Checking with a source close to the matter, Karole INSIDE THIS ISSUE:
Overberg (acting as Flathead BIA superintendent in Dr. Al council highlights...'.........................Page 2
Spang's absence), no official word has been received Letters to the Editor...........................Page 8
through 'channels' on either matter. Dr. Spang and Tribal Marcn calendar      .......................Page 18
Chairman Tom Pablo, are, in fact, in Billings even as we c      >      >