Tribes seek third funding contract to manage National Bison Range

A third attempt is under way to negotiate management of the National Bison Range by the Confederated Salish and Kootenai Tribes.

The U.S. Fish and Wildlife Service is reviewing a proposal for an annual funding agreement, which would transfer management of the National Bison Range, Ninepipe Wildlife Refuge and waterfowl production areas on the Flathead Indian Reservation to the Confederated Salish and Kootenai Tribes.

Public comment on the annual funding agreement was taken through September 2014 and the service is considering those comments in its decision. 

This is the third agreement that’s been negotiated with the tribes for management of the bison range. As part of the 1994 Tribal Self Governance Act, the U.S. Fish and Wildlife Service has entered into two other annual funding agreements with the tribes, but those agreements were eventually stopped. The first agreement, in 2005, was not renewed by the service, and the 2008 agreement was stopped in federal court because the agreement did not comply with the National Environmental Policy Act.

In April 2003, the Confederated Salish and Kootenai Tribes submitted a letter to the U.S. Secretary of the Interior expressing the tribes’ interest in negotiating an agreement for the operation of the bison range and Ninepipe Refuge. That resulted in an 18-month agreement with the tribes. On Dec. 11, 2006, the U.S. Fish and Wildlife service’s regional director ended further negotiations with the tribes and allowed the extension of the agreement to expire.

Although the 2005 agreement had its successes, according to the U.S. Fish and Wildlife Service, “both parties encountered challenges” in the following areas:

• maintenance of vehicles and heavy equipment

• maintenance of fencing, grounds and trails

• bison husbandry

• wildlife monitoring standards  

• personnel management issues.

A new agreement with the tribes would cover management of the refuge complex within the Flathead Indian Reservation in Lake and Sanders counties, including the National Bison Range, Ninepipe National Wildlife Refuge, Pablo National Wildlife Refuge and nine waterfowl production areas in Lake County. The remaining refuge complex units, including Lost Trail National Wildlife Refuge near Kalispell and portions outside the reservation, would not be included in this new agreement. The total management area considered for the 2016 agreement is 26,604 acres.

Although the previous year’s agreement was not renewed, the tribes pursued another annual funding agreement in 2006.

In April 2006, the U.S. Fish and Wildlife Service began negotiations with the tribes for a new agreement. In March 2006 the refuge manager submitted a report evaluating the performance of CSKT staff, in order to improve the implementation and effectiveness of the agreement, “and to strengthen the long-term working relationship between CSKT and the FWS.” 

CSKT challenged some of the performance findings in the report. “While there is disagreement among the parties involved about the specific actions and lack of action leading to deficiencies in management of the refuge complex, it is generally understood that the agreement needed improvement in order to be implemented successfully,” a U.S. Fish and Wildlife Service report said. “The objective of these second negotiations was to address some of these deficiencies and issues that occurred in this first agreement.”

A Nov. 26, 2007, memo to the service’s regional director requested that the service negotiate a second agreement with the tribes, because the lack of a resolution was “distracting the Interior Department from fulfilling its mission.”

In January 2008, the Fish and Wildlife Service entered into negotiations with CSKT. The second agreement was fully implemented on Jan. 1, 2009.

In that agreement, the CSKT was provided funding that allowed them to recruit 16 employees, including a lead biologist, a fish and wildlife biologist, biological science technicians, maintenance staff, visitor center staff, and a deputy refuge manager.

The first year of the agreement was also considered a ‘training’ year for the new CSKT employees. During that time, the refuge manager and staff were asked to provide added assistance and avoid rating their performance while they learned how to perform their new duties. It was during this time that the Office of Inspector General received allegations of problems, including performance issues involving the CSKT and the service. The office found no evidence to support allegations of inadequate law enforcement coverage, poor bison containment, improper pesticide applications or that management of the bison range was adrift. A minor deficiency was found in the preparation of annual work plans, although this deficiency was within the normal range of annual work planning proficiency, a federal report said.

The federal government appears committed to negotiating management of the bison range with the tribes. “Based on the successes under the 2008 agreement, the Service is interested in continuing the Self-Governance partnership with CSKT on the refuge complex,” a federal report said. “In proposing a third agreement, the agency has taken some steps to remedy issues of the past agreements and to improve chances for success.”

The latest proposed agreement would try to improve the working relationship between the tribes and U.S. Fish and Wildlife Service by forming a leadership team of the service refuge manager and deputy refuge manager; set work priorities, address performance and conduct issues, prepare periodic status reports, and resolve disputes. 

Under the 2008 annual funding agreement, the tribes and the federal government built a more constructive partnership, the report said, “the most successful being the relationship between the refuge manager and head of the Confederated Salish and

Kootenai Tribes’ Division of Fish, Wildlife, Recreation, and Conservation who worked together in an attempt to resolve the operational and administrative issues that arose.”

Nonetheless, the second agreement was rescinded by a U.S. District Court Sept. 28, 2010, in Reed v. Salazar.

The agreement was nullified on grounds that it did not comply with certain provisions of the National Environmental Policy Act.

The court did not cite allegations of poor conduct as influencing its decision.

Two months after the court decision nullifying the 2008 agreement, on Nov. 11, 2010, the tribes requested to enter into negotiations for a third agreement that would allow the tribes to receive funding and manage programs on the refuge complex. 

A report on the new agreement said, “These changes seek to improve communication between the Service and CSKT and to create an environment in which leadership over refuge management, cultural resource protection, fire management, the biology program, visitor services, and the maintenance program can be successfully transferred from the Service to CSKT.”

The annual funding agreement with the tribes for management of the National Bison Range would be the ninth in the nation. There are eight active agreements for non-Bureau of Indian Affairs programs across the nation. 

The only other annual funding agreement in Montana with a tribal government is for water resource projects on the Rocky Boy’s Reservation.

The United States owns the lands within the refuge complex in Lake County, except the Ninepipe and Pablo refuges. CSKT owns these two refuges, which are tribal trust lands. However, in 1948, the U.S. Fish and Wildlife Service purchased perpetual easements from the tribes that allow the service to manage these lands as part of the National Wildlife Refuge System.

The National Bison Range was established in 1908.

The Flathead Indian Reservation is a 1.3 million-acre area established in 1855 through the Treaty of Hellgate. The CSKT’s comprised of the Bitterroot Salish, Pend d’Oreille and Kootenai Tribes. 

If another agreement is negotiated, public oversight of the tribes’ activities would be limited. Records of the CSKT are not considered federal records under the Freedom of Information Act. 

Tribal members would receive hiring preference if the agreement is finalized.