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Tribal leaders tell Montana committee state consultation needs earlier, standardized notice and clearer agency coordination
Summary
Tribal planning and legal leaders told the State-Tribal Relations Committee that Montana agencies should provide earlier formal notice, predictable timelines, and clearer cross-agency processes to make state-tribal consultation effective and respectful.
Presiding Officer Tyson Running Wolf convened a panel of tribal officials Feb. 10 to advise the State-Tribal Relations Committee on improving state-tribal consultation processes.
The panel included Delina Cuts the Rope, Planning Director for the Fort Belknap Indian Community; Tony Incashola Jr., Director of Tribal Resource Management for the Confederated Salish & Kootenai Tribes (CSKT); Kathryn “Katie” McDonald, Tribal Relations Specialist, CSKT; Steven Small Jr., Chief Appellate and Chief Constitutional Judge for the Northern Cheyenne Appellate and Constitutional Courts; Jordan Thompson, attorney and former CSKT executive director; and Len Two Teeth, board member of the Rocky Mountain Tribal Leaders Council. Casey Pallister, lead staff for the Legislature’s services division, provided the topic history and framed the committee’s questions.
Panelists urged that state agencies adopt consistent, early-notice procedures so tribes can evaluate potential impacts on cultural resources and jurisdictional interests. Delina Cuts the Rope emphasized planning coordination at the tribal level; Tony Incashola described CSKT’s expectation for timely notification about projects affecting resources under tribal management; and Kathryn McDonald urged clear contact points and staff-level liaisons in agencies to reduce missed outreach. Judge Steven Small raised legal considerations involving tribal sovereignty and the limits of state authority in actions affecting tribal rights.
Committee members pressed panelists for concrete steps. Sen. Jonathan Windy Boy and Rep. Curtis Schomer asked how quickly tribes need notice and what information is essential in an initial contact. Panelists described the need for sufficient lead time to consult tribal councils and technical staff, and for standard information packets that include project scope, maps, and points of contact.
Public comment from Cher Old Elk, Fort Belknap Indian Community, reinforced calls for state attention to cultural protections and reservation planning coordination.
The committee did not take formal action. Members discussed drafting a set of recommended consultation practices and directed staff to consider models and statutory language, including examples from other states presented later in the day. The committee recessed for lunch and planned follow-up work on consultation practices and possible legislative options.
