1977-08-01 Char-Koosta News

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Volume 7   Number 7
Full Moon of The Huckleberry
August 1, 1977
BIA Approves
Shoreline
Ordinance
The Tribe's Shoreline Ordinance 64A has received BIA approval after recommended charges. Violations would be subject to civil suit rather than criminal prosecution. Raymond V. Butler, Acting Deputy Commissioner of Indian Affairs, wrote Chairman Mitchell and said, "The Department has reviewed your recently enacted Shoreline Protection Ordinance - 64A - and commends the tribe for taking action to protect and preserve the wildlife and natural resources of the reservation. Timely implementation of this Ordinance will fill the vacuum left by the absence of state jurisdiction and enforcement of conservation measures, and will ensure that the ecological balance of Flathead Lake and its shoreline are not irreparably despoiled by unregulated development. The Bureau views this Ordinance as a necessary step by the Confederated Salish and Kootenai Tribes for the preservation of their natural resources and fully endorses the motivation behind the creation of the Ordinance."
However, the Acting Deputy Commissioner recommended eight changes to the Ordinance. He said, "On and after the filing of a complaint said action shall be prosecuted, defended and treated as any civil action instituted in said (Tribal) Court."
In the enforcement section he suggested it read "In case any landfill or dredging is undertaken, or existing landfill or dredging operation is in violation of this Ordinance, or any structure is erected, constructed or used within the outer confines of the Flathead Reservation in violation of any provision of this Ordinance, the Confederated Salish and Kootenai Tribes, in addition to other remedies provided by law, may institute injunctive, abatement or any other appropriate actions or proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use."
He also suggested that any amendments to the Ordinance would have to be approved by the Commissioner of Indian Affairs. The Council made the necessary changes to validate the approval and passed it unanimously.
The Ordinance has received strong local opposition. Perhaps the most controversy, aside from jurisdiction has arisen over Section 8 which says it shall be unlawful for the owner to deny entry by any enrolled member desiring to fish below the high water mark.
At press time the Council established a seven member board with non-Indian representation to carry out the ordinance. Of its seven members, four would be appointed by the Tribal Council, one by Lake County Commissioners, one by the Poison City Council, and one by the Flathead Lakers. The Council notified the Flathead Lakers who had been concerned about the ordinance.
Power Line Negotiations
The Tribal Council met briefly with Joe McElwain and other representatives of Montana Power last week.
Topic of discussion was the proposed Power   Transmission   Line   Project.
The Council told the Montana Power Delegation that since their company owns only 30% of the Colstrip Project, that the Council would like to meet with the representatives of the other four power companies before making a final decision.
The two parties agree to meet again August 11, in Missoula, at the Montana Power building. Representatives from three Washington State Power Companies and a fourth company from Oregon are also expected to attend.
Comments on the Power Line Project should be given to your District Councilman before the August 11 meeting.