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South Dakota Tribal Relations Committee

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South Dakota Tribal Relations Committee
NameSouth Dakota Tribal Relations Committee
Formation1970s
JurisdictionSouth Dakota
HeadquartersPierre, South Dakota
MembersSouth Dakota Legislature
ChairpersonSouth Dakota House of Representatives
Parent agencySouth Dakota Legislature

South Dakota Tribal Relations Committee The South Dakota Tribal Relations Committee is a legislative advisory body in South Dakota that engages with federally recognized Native American tribes in South Dakota including the Oglala Sioux Tribe, Rosebud Sioux Tribe, Cheyenne River Sioux Tribe, Yankton Sioux Tribe, and Standing Rock Sioux Tribe. The committee convenes elected officials from the South Dakota Legislature and tribal leaders to address cross-jurisdictional matters such as Indian Child Welfare Act, Treaty of Fort Laramie (1868), Public Law 280, Bureau of Indian Affairs policies, and federal-state-tribal coordination with agencies like the Department of the Interior, Indian Health Service, Federal Bureau of Investigation, and National Congress of American Indians.

History

Created amid shifting federal-tribal relationships during the era of Indian Self-Determination and Education Assistance Act reforms and reactions to rulings like Worcester v. Georgia, the committee emerged after state-level responses to events such as the Wounded Knee incident (1973), the broader Red Power movement, and negotiations involving the Pierre Indian School and regional entities like the Great Plains Tribal Chairmen's Association. Early activity intersected with litigation referencing the Fort Laramie treaties and administrative actions by the Bureau of Indian Affairs and the Department of Justice. Over decades the committee has evolved alongside major developments including the passage of the Indian Gaming Regulatory Act, litigation like United States v. Sioux Nation of Indians, and federal initiatives by the Administration for Native Americans.

Mandate and Responsibilities

The committee's mandate involves legislative review and advisory functions linked to statutory matters such as Indian Child Welfare Act, tribal jurisdiction under Public Law 280, land trust matters tied to the Land Buy-Back Program for Tribal Nations, and coordination with federally funded programs like the Indian Health Service and Bureau of Indian Affairs grants. Responsibilities include consultation on state statutes affecting tribal members, review of compacts with entities like the National Indian Gaming Commission, assessment of cross-border law enforcement arrangements with the Federal Bureau of Investigation and South Dakota Department of Public Safety, and interface with regional organizations such as the Great Plains Tribal Chairman's Association and the Inter-Tribal Council of South Dakota.

Membership and Structure

Membership typically comprises legislators from the South Dakota Senate and South Dakota House of Representatives, including chairs of relevant committees such as the House Appropriations Committee, Senate Judiciary Committee, and House State Affairs Committee, alongside invited tribal officials from the Oglala Sioux Tribe, Rosebud Sioux Tribe, Cheyenne River Sioux Tribe, Yankton Sioux Tribe, Sisseton Wahpeton Oyate, and Standing Rock Sioux Tribe. The committee coordinates with state executive agencies including the Governor of South Dakota's office, the South Dakota Attorney General, and the South Dakota Department of Social Services. Subcommittees have focused on domains involving the Indian Health Service, Tribal Law and Order Act implementation, and education matters with stakeholders like the Bureau of Indian Education and regional school districts.

Key Initiatives and Legislation

Major initiatives include oversight related to tribal land consolidation efforts influenced by the Cobell v. Salazar settlement framework, state-tribal compacts modeled on the Indian Gaming Regulatory Act, juvenile and family law reforms referencing the Indian Child Welfare Act, collaborative public safety accords informed by the Tribal Law and Order Act of 2010, and infrastructure funding leveraging federal programs such as the Bureau of Indian Affairs road programs and the U.S. Department of Transportation tribal transportation program. The committee has weighed in on state responses to decisions like South Dakota v. Yankton Sioux Tribe-era disputes, supported broadband initiatives coordinated with the National Telecommunications and Information Administration, and examined Medicaid and Indian Health Service funding coordination tied to the Affordable Care Act.

Relations with Tribal Governments

Relations are conducted through formal consultation with tribal councils of the Oglala Sioux Tribe, Rosebud Sioux Tribe, Cheyenne River Sioux Tribe, Yankton Sioux Tribe, Sisseton Wahpeton Oyate, Pine Ridge Reservation, Rosebud Reservation, Cheyenne River Reservation, and intergovernmental dialogues with entities such as the Great Plains Tribal Chairmen's Association and the Inter-Tribal Council of South Dakota. The committee also interacts with federal bodies like the Bureau of Indian Affairs, Department of the Interior, Department of Justice, and advocacy organizations such as the National Congress of American Indians and the Native American Rights Fund to navigate trust land issues, cultural resource protection under the National Historic Preservation Act, and language preservation efforts partnering with universities like the University of South Dakota and South Dakota State University.

Controversies and Criticism

The committee has faced criticism related to perceived insufficient deference to tribal sovereignty highlighted in disputes involving treaty rights stemming from the Fort Laramie Treaty (1868), law enforcement jurisdictional clashes referenced in incidents involving the Federal Bureau of Investigation and state sheriffs, and debates over tax treatment of tribal enterprises influenced by precedents such as Wagnon v. Prairie Band Potawatomi Nation. Critics including tribal advocacy groups such as the Native American Rights Fund and activists aligned with the Red Power movement have objected to state positions on issues like land appraisals in trust acquisition, implementation of the Indian Child Welfare Act, and the pace of consultation required under executive orders on tribal consultation by the President of the United States.

Meetings and Reports

The committee meets regularly during legislative sessions in Pierre, South Dakota and convenes special hearings with tribal leaders at locations across the Pine Ridge Reservation, Rosebud Reservation, and Sisseton-Wahpeton Reservation. It issues reports and recommendations to the South Dakota Legislature and the Governor of South Dakota, and collaborates on white papers with entities like the Great Plains Tribal Chairmen's Association, the Inter-Tribal Council of South Dakota, the National Congress of American Indians, and academic partners including the University of South Dakota and Augustana University.

Category:South Dakota Legislature Category:Native American tribal relations in the United States