Western States Water Council 2001 Report

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Following a brief lunch break, participants heard an overview of the Nez Perce Settlement. First, Steve Moore, Attorney for the Native American Rights Fund, presented a power point presentation describing the purposes and key features of the settlement. Next, Rebecca Miles, who as Chairwoman of the Nez Perce Tribe had welcomed the group the previous day, described in more detail the process to settlement from the Tribe's perspective. It had been very difficult, particularly for many of the tribal elders. She said that if the option were presented to "negotiate" their water rights, they would not have elected that option, but the Tribe was brought in during the course of the Snake River Basin Adjudication, and negotiations were seen as an option that should be pursued in the interest of the Tribe in that context. Frank Wilson, Attorney for the Office of the Regional Solicitor of the Department of Interior, referred to some of the major features of the settlement, emphasizing that the tribal interest was primarily represented in sustaining and enhancing fisheries, since salmon had been their traditional food source. He also described the nature of federal involvement in the process. Clive Strong, Deputy Attorney General for the Idaho Attorney General's Office, described the process by which the settlement was achieved. He noted that many of the features of the settlement, as in every settlement, would be unique, but that elements of the process should be transferrable. He emphasized there must be a sense of urgency and a consequent desire for settlement. There must be a safe environment for discussion and key governmental interests and other entities must be represented. Trust must be established among the parties and jurisdictional issues must be approached as opportunities to offer sharing of responsibilities. While Chairwoman Miles and Mr. Strong agreed that there were many in the Tribe and in the State that opposed the settlement, the settlement was ultimately seen as a very positive outcome for both the State and the Tribe, as well as the federal government. Immediately following these presentations, the participants were taken on a field trip of Snake River Settlement features, primarily the tribal fish hatchery. While not yet complete, it represents a state -of -the -art facility, where fish are raised and "exercised" so as to facilitate to the maximum extent possible their assimilation into natural stream habitats. The field trip culminated in a dinner at the tribal administration complex in Lapwai. On Friday morning, September 16, participants heard from a number of congressional staff via conference call about the outlook for getting settlement bills through Congress. Participants includedNate Gentry and Mike Connor of the Senate Energy andNatural Resources Committee, Jim Hall and Steve Lanich of the Office of Native American and Insular Affairs of the House Resources Committee, and Kimberly Teehee, Staff Member to the House Native American Caucus. The increasingly difficult fiscal constraints for any discretionary spending was a common theme echoed by these congressional staff committee members. In light of Hurricane Katrina, spending would have to be reduced overall, affecting many programs of the federal government, including programs within the Department of Interior. The effort to secure settlements would therefore be an uphill battle, but early involvement by the respective congressional delegation in the process of negotiation was recommended. This involvement and ownership of the outcome is key to obtaining the support of congressional delegations, which is in turn a critical element in the success of any settlement. More than one staff representative noted that the current settlement fund for negotiated settlements is not adequate and that without a permanent fund dedicated to this purpose, it would become increasingly difficult. Following the opportunity for questions, and after a brief break, a response panel offered their remarks. Pam Williams, Director of the Secretary of Interior's Indian Water Rights Office, was the first to offer her thoughts following the congressional staff. She echoed Mr. Lanich's remarks that the "squeeze is on." Already facing substantial budget constraints, Hurricane Katrina had made everything worse. Nevertheless, she noted the record of achievement over the years of approving 29