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EPA Shrinks the Size of Wyoming- Edit with better article found by accident

Posted by on Jan. 21, 2014 at 12:14 PM
  • 46 Replies

 Which is utter bull imo. Why dose the EPA have the power to change the boundaries of a state????

http://www.cnsnews.com/mrctv-blog/matt-vespa/epa-decree-shrinks-size-wyoming-million-acres

Why is the EPA altering state boundaries in Wyoming - and reversing over 100 years of established law?  Well, apparently the city of Riverton now falls under the jurisdiction of the Wind River Indian Reservation.  This, obviously, isn't sitting well with the governor's office - which is urging the EPA to reconsider its ruling and respect the rule of law.

Reacting to the decision to reduce the size of Wyoming by about a million acres, Wyoming Governor Matt Mead warned of the dangers to all Americans of this type of unilateral land redistribution by the EPA:

"I understand that the Northern Arapaho and Eastern Shoshone Tribes have a different opinion about the Wind River Reservation Boundary. My deep concern is about an administrative agency of the federal government altering a state's boundary and going against over 100 years of history and law.

"This should be a concern to all citizens because, if the EPA can unilaterally take land away from a state, where will it stop?" Governor Matt Mead said in a press release on January 6.

Gov. Mead added, "The Attorney General's petition shows that, in conjunction with the Tribes, Congress diminished the Wind River Reservation in 1905. Given the fundamentally flawed process and decision and the likelihood of irreparable harm, the EPA should put a hold on its decision and reopen its process to incorporate all of the available evidence, give interested parties an opportunity to respond to the facts and arguments and complete its review in a transparent manner. The State has also asked the EPA to stay its decision until a final judicial decision has been issued."

When Wyoming received the EPA's unpublished decision granting the Tribes "Treatment As State" status on December 9, 2013, Gov. Mead called on the state's attorney general to challenge the decision:

"It is outrageous to me that a regulatory agency has proposed changing jurisdictional boundaries established by history and the Courts. I have asked the Attorney General to challenge this decision and defend the existing boundaries of the reservation.

- See more at: http://www.cnsnews.com/mrctv-blog/matt-vespa/epa-decree-shrinks-size-wyoming-million-acres#sthash.MjcG3Hkv.dpuf

EDIT:

I'd tried to find a local source for this information before posting but couldn't find one. Upon researching the boundary lines of the reservation I came across that local source and it fills in the holes I was previously unaware of. So here it is:

In a startling revelation by the federal government, the Environmental Protection Agency ruled that the City of Riverton has been part of the Wind River Indian Reservation for the past 108 years.

The revelation came to light after a five-year wait for the approval of an application by the Northern Arapaho and Eastern Shoshone tribes to gain state status for administering air quality on the reservation. The decision won't only affect environmental policy. It's likely to bring about broad changes to how the governments of Riverton and Fremont County function.

The tribes’ motivation for filing the application was twofold: getting more federal money to monitor air quality on the reservation and winning back land that had been opened up to non-tribal members thanks to a 1905 federal law.

The tribes were able to use a piece of the Clean Air Act to win the ruling.

A part of the environmental legislation allows tribes to file applications as a state in order to delineate boundaries and receive higher levels of grant funding for monitoring their air quality.

States — or in this case, the tribes — must monitor up to 50 miles beyond any boundary demarcating land monitored under the Clean Air Act.

Because the reservation surrounds Riverton, federal agencies found that the city falls under the jurisdiction of the tribes.

The EPA along with the Department of Interior and the Department of Justice conducted thousands of pages of studies to come to a conclusion on the boundaries, said Mark Howell, Washington spokesman for the Northern Arapaho tribe.

The ruling draws questions about what local and state government will do in the wake of the decision.

The biggest concern is what will constitute criminal jurisdiction for tribal and non-tribal members.

In most cases, nonnative members cannot be prosecuted in tribal courts if they commit a crime on the reservation. Tribal members who commit a crime off the reservation are obliged to go to state and federal courts.

The state has been opposed to changing the boundaries since the application process by the tribes began.

A 2009 letter from former Wyoming Attorney General Bruce Salzburg to the EPA criticized a potential boundary change.

“Wyoming believes that the tribes’ proposed exterior boundaries of the Wind River Indian Reservation are inaccurate. The boundaries, as proposed, include lands which were ceded by the tribes by congressional act in 1905 and not restored to the tribes by subsequent acts of Congress.”

In August, Gov. Matt Mead sent a letter to then-EPA head Gina McCarthy about his concerns.

He called the proposal “extremely problematic.”

“The tribes' application if granted has implications for criminal law, civil law, water law and taxation,” Mead wrote. “It also takes away the voice of citizens in Kinnear, Riverton and Pavillion.”

Howell assured all parties involved that the tribes want to sit down with state and local officials to work out a solution.

Nothing is going to happen overnight, Howell said.

“(Today) criminal jurisdiction doesn’t change,” he said. “We’re all at status quo. Tribes requested that because they want to be good neighbors and good friends and work in cooperation with state, county and federal governments.”

The relationship between the tribes and Riverton hasn’t always been pleasant during the past century. But city council members seemed optimistic about the ruling.

A new application of federal tax law will be beneficial to Riverton. Now that it's on the reservation, Riverton businesses that hire tribal members will get payroll tax credits for hiring native employees.

“These tax incentives could have wide-ranging effects for Riverton business owners and for tribal members looking for jobs in Riverton,” Councilman Ron McElroy in a media release said.

Tribal officials were elated with the decision.

“It affirms what the tribe has believed all along, that Riverton and the area north of the Big Wind River is a part of the reservation,” Darrell O’Neal Sr., chairman of the Northern Arapaho Business Council, said in a news release.

 

by on Jan. 21, 2014 at 12:14 PM
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Replies (1-10):
furbabymum
by Gold Member on Jan. 21, 2014 at 12:22 PM

 Bump.

jllcali
by Jane on Jan. 21, 2014 at 12:26 PM
1 mom liked this
I am not sure why the EPA is the agency doing it, but given the history of Native Americans getting shafted by the US government, I am inclined to think that the reason behind the decision to give the land back to Native Americans is due to an attempt to correct a governmental mistake at some point.
furbabymum
by Gold Member on Jan. 21, 2014 at 12:33 PM

The biggest mistake we've made is providing them separate land to begin with imo. Many NA are really unable to function out in normal society and the rez is horrible. It's poor and filled with misery. I wouldn't want to grow up in it and I think at this point we are doing a bigger disservice than anything to them.

Quoting jllcali: I am not sure why the EPA is the agency doing it, but given the history of Native Americans getting shafted by the US government, I am inclined to think that the reason behind the decision to give the land back to Native Americans is due to an attempt to correct a governmental mistake at some point.

 

waldorfmom
by Bronze Member on Jan. 21, 2014 at 12:47 PM
1 mom liked this

This is an excellent example of the abuses by the EPA.

1) The Environmental Protection Agency is an arm of the Obama administration. It is a department of the Executive Branch of our federal government. The Congress has no power over it ... which means that the citizens represented by the Congress have no power over it. The bureaucrats who run the EPA are beholden only to the agenda of the President.

This totalitarianism, this tyranny comes straight from the President.

To be fair, the EPA despots have for decades been mostly fulfilling THEIR OWN agendas. Much of the time, presidents are busy with other issues than all the new regulations being cooked up in the EPA.

2) This offers insight into WHY our U.S. Constitution forbids agencies like this in the federal government ! ... Individual states and local governments are welcome to have such agencies, but not the federal government with its power over the state and local gov'ts.

The EPA, Dept. of Education, and on and on, are inventions of a parade of presidents. The rule of the Executive Branch in violation of the Constitution has been advancing for years.

In the past, many of these created agencies & departments have restricted themselves to serving. But the whole point of the Constitution's prohibition against them was that such entities could be used for tyranny.

And now they are being used by group-think bureaucrats to force their whims onto the population.

Remember that the EPA has destroyed decades-old orchards in California's central valley? Congressmen of the state and in Washington were powerless to stop the EPA from decimating the agriculture, because the EPA seized authority over who could use the aqueduct's abundant water flowing past these drought-stricken orchards.

It will take years to re-grow those hundreds of acres of almond trees and other orchard crops. It has been heart-breaking to see dry, dead trees now pulled up by their roots and gathered in endless piles.

And I expect that most of the farmers who  employed workers and provided the world's almond crop (among other crops) will not recover from this, will not re-plant and start from the ground up. They are ruined. Their families' lives are ruined. Their workers' families' lives are ruined.

They will sell the once-productive land, and the aqueduct full of water will now flow past housing developments.

And who gets fired for this travesty? Who gets voted out of office? No one. Because the EPA bureaucrats are answerable to no one. They are controlled only by edicts from the President.

jllcali
by Jane on Jan. 21, 2014 at 1:16 PM
2 moms liked this
The land given to the Native Americans was purposely shitty and inadequate. They were set up to fail. Due to the racism and animosity towards Native Americans at the time, it wasn't safe for them to not have their own land. They were royally fucked either way.

Quoting furbabymum:

The biggest mistake we've made is providing them separate land to begin with imo. Many NA are really unable to function out in normal society and the rez is horrible. It's poor and filled with misery. I wouldn't want to grow up in it and I think at this point we are doing a bigger disservice than anything to them.


Quoting jllcali: I am not sure why the EPA is the agency doing it, but given the history of Native Americans getting shafted by the US government, I am inclined to think that the reason behind the decision to give the land back to Native Americans is due to an attempt to correct a governmental mistake at some point.

 

furbabymum
by Gold Member on Jan. 21, 2014 at 1:49 PM

 Well yes but it's not improved. They might as well be in a 3rd world at this point. Some of them don't even have running water. The crime against themselves is awful. It's just awful and it needs fixed. Throwing more land at them isn't going to fix anything.-

Quoting jllcali: The land given to the Native Americans was purposely shitty and inadequate. They were set up to fail. Due to the racism and animosity towards Native Americans at the time, it wasn't safe for them to not have their own land. They were royally fucked either way.

Quoting furbabymum:

The biggest mistake we've made is providing them separate land to begin with imo. Many NA are really unable to function out in normal society and the rez is horrible. It's poor and filled with misery. I wouldn't want to grow up in it and I think at this point we are doing a bigger disservice than anything to them.


Quoting jllcali: I am not sure why the EPA is the agency doing it, but given the history of Native Americans getting shafted by the US government, I am inclined to think that the reason behind the decision to give the land back to Native Americans is due to an attempt to correct a governmental mistake at some point.

 

 

jllcali
by Jane on Jan. 21, 2014 at 1:57 PM
The whole situation is fucked

Quoting furbabymum:

 Well yes but it's not improved. They might as well be in a 3rd world at this point. Some of them don't even have running water. The crime against themselves is awful. It's just awful and it needs fixed. Throwing more land at them isn't going to fix anything.-


Quoting jllcali: The land given to the Native Americans was purposely shitty and inadequate. They were set up to fail. Due to the racism and animosity towards Native Americans at the time, it wasn't safe for them to not have their own land. They were royally fucked either way.


Quoting furbabymum:

The biggest mistake we've made is providing them separate land to begin with imo. Many NA are really unable to function out in normal society and the rez is horrible. It's poor and filled with misery. I wouldn't want to grow up in it and I think at this point we are doing a bigger disservice than anything to them.



Quoting jllcali: I am not sure why the EPA is the agency doing it, but given the history of Native Americans getting shafted by the US government, I am inclined to think that the reason behind the decision to give the land back to Native Americans is due to an attempt to correct a governmental mistake at some point.


 


 

mikiemom
by Ruby Member on Jan. 21, 2014 at 2:02 PM

 Be lucky they are not demanding all of their land back.

Quoting furbabymum:

The biggest mistake we've made is providing them separate land to begin with imo. Many NA are really unable to function out in normal society and the rez is horrible. It's poor and filled with misery. I wouldn't want to grow up in it and I think at this point we are doing a bigger disservice than anything to them.

Quoting jllcali: I am not sure why the EPA is the agency doing it, but given the history of Native Americans getting shafted by the US government, I am inclined to think that the reason behind the decision to give the land back to Native Americans is due to an attempt to correct a governmental mistake at some point.

 

 

furbabymum
by Gold Member on Jan. 21, 2014 at 3:27 PM

 Oh please. Tell that to England, France, India, China, Japan, etc. Conquering nations conquer and control. That is how it has been since time began. In fact, I'd say they are lucky to have received special land just for them.

Quoting mikiemom:

 Be lucky they are not demanding all of their land back.

Quoting furbabymum:

The biggest mistake we've made is providing them separate land to begin with imo. Many NA are really unable to function out in normal society and the rez is horrible. It's poor and filled with misery. I wouldn't want to grow up in it and I think at this point we are doing a bigger disservice than anything to them.

Quoting jllcali: I am not sure why the EPA is the agency doing it, but given the history of Native Americans getting shafted by the US government, I am inclined to think that the reason behind the decision to give the land back to Native Americans is due to an attempt to correct a governmental mistake at some point.

 

 

 

MelanieJK
by Silver Member on Jan. 21, 2014 at 3:42 PM

What is the environmental basis for this?

Congress has little power over specific EPA decisions but it can remove their power altogether.    If they keep abusing their power that's exactly what will happen.   

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