Mni Sose Intertribal Water Rights Coalition

HIGHLIGHTS OF MNI SOSE'S ACCOMPLISHMENTS

The Mni Sose Intertribal Water Rights Coalition, Inc., is the first tribal membership organization devoted to working with and assisting Tribes in the protection of Indian water rights to the Missouri River and the development of viable economies that rely upon the use of the Tribes' water rights to the Missouri River. Informally structured in 1988 by Missouri River Basin Indian Tribes, the Mni Sose Intertribal Water Rights Coalition was formally established in January 1993 as a non-profit tribal organization. The Coalition's membership is currently comprised of 24 of the 28 Indian Nations located within the Missouri River Basin.

The Mni Sose Coalition has assisted, and will continue to assist, the member Tribes in the following high-priority issues, as identified by the tribal leadership:

The Army Corps of Engineers' Master Water Control Manual. The Master Manual is recognized by the seven states located adjacent to the Missouri River. Mni Sose is committed that this document must acknowledge Indian Water Rights in the Basin.
Low-cost hydropower generated by the Missouri River flood control system. The Coalition is coordinating the implementation of the Energy Planning and Management Program between Western Area Power Administration (WAPA) and the Missouri River Basin Tribes to access this power.
The McCarran Amendment. The McCarran Amendment directs Indian water litigations to state courts. The Coalition's activities in this area continue to be centered upon educating the membership on relevant court decisions and monitoring current activities that might threaten to change the current course.
Bureau of Indian Affairs water code moratorium. In 1996, the Secretary of the Department of the Interior considered lifting the moratorium on approval of tribal water codes imposed in 1975, which has created an interest for the Tribes to develop their own water codes in hopes of having the codes approved by the Secretary of the Interior.
Technical Assistance to Tribes. The Coalition continues to provide assistance including legal, technical, and educational to tribal leaders and natural resource staff members in order to enhance their capabilities to manage their water resources.
Environmental Protection. The Coalition has launched a training effort in environmental protection directed toward tribal leaders and natural resource staff members. This training includes analysis of existing environmental laws, pending environmental legislation, and training in environmental protection strategies.

Following is a synopsis of the Coalition's accomplishments as they pertain to these high-priority issues as well as a number of other issues:

MISSOURI RIVER MASTER WATER CONTROL MANUAL

1993

Mni Sose filed "Response to the Missouri River Master Water Control Manual Preliminary Draft Environmental Impact Statement."
Testimony from Daryl Wright, Executive Director, before the Senate Committee on Environment and Public Works on the Army Corps of Engineers' Master Manual review process.
Resolution 93-03 supported Standing Rock Sioux Tribe's request for congressional oversight hearings on the Master Manual review process.

1994

Coalition provided to the Corps the "Initial Coalition Response to the Preferred Alternative."
Presented written testimony to the Acting Assistant Secretary to the Army, Dr. John Zirschky, and developed a briefing document for Col. Thuss, the managing officer for the Master Manual review.
Coalition filed comments entitled, "Request to the U.S. Army Corps of Engineers for Recognition of Indian Water Rights in the Master Water Control Manual."
Worked with Col. Thuss of the ACOE on organizing a series of meetings requested by the Corps to properly address the government-to-government responsibilities of the Corps.
Passed Resolution 94-11 requesting that two fish species be added to the endangered list and directing the Corps of Engineers to consider these species in the Preferred Plan. Those fish species were subsequently added.
Attended a technical review metting with the Missouri River Basin Association and the ACOE. This meeting was the first release of the data on Indian water rights in the Draft Environmental Impact Statement.

1995

Resolution 95-13 supported the review and update of the Missouri River Master Water Control Manual.
Resolution 95-22 supported continued membership in the Missouri River Basin Association for tribal input in response to the Master Manual.
Coalition provided supplemental comments responding to the Master Manual including comments from the States of Kansas, Missouri, Montana, Nebraska, North Dakota, South Dakota and Wyoming. Comments were also submitted from EPA Regional Administrators from Regions VII and VIII and Billings Area Regional Administrator for WAPA and Environmental Committee Chair for Mid-Continent Area Power Pool.
Richard Bad Moccasin, Executive Director, submitted correspondence to Col. Michael Thuss regarding issues to be addressed in the proposal for revisiting the DEIS for the Missouri River Master Manual, including tribal operational issues and Corps authority in relation to tribal issues.
Executive Director submitted correspondence to Col. Nash, Civil Works Department, Washington, DC, regarding issues of concern to the Missouri River Basin Tribes as it relates tot he Master Manual, including Indian water rights, environmental degradation, and cultural resources.

1996

The Army Corps of Engineers has been directed by the Clinton Administration to revise the "Preferred Release Plan" which includes a review of non-operational issues connected with the Master Water Control Manual. The Coalition has been actively participating with the States impacted by the Missouri River to address Indian water rights. This has resulted in state recognition of Indian water rights.
The Army Corps of Engineers has agreed to conduct quarterly meetings with the Missouri River Basin Tribes focusing on daily operations of the Missouri River.
The Executive Director has been elected as the Secretary of the Missouri River Basin Association, an association of states and Indian Tribes impacted by the Missouri River.

1997

Participated in Missouri River Basin Association meetings.

1998

Participated in Missouri River Basin Association (MRBA) meetings.
The Mni Sose Executive Director was re-elected as the Secretary of the MRBA.
Participated in Tribal/Army Corps of Engineers quarterly meetings.
Organized a draft Tribal Compendium on Master Manual issues for the Army Corps of Engineers.
Master Manual issues were discussed at Mni Sose technical team meetings and Board of Directors' meetings.
Submitted letter to Col. Meuleners, regarding degradation of cultural resource sites along the Missouri River, and concerns about the reserved water rights of the Missouri River Basin Tribes.
Provided Dr. Zirschky, Acting Assistant Secretary of the Army for Civil Works, with a copy of the Summit Report for the November 13-15, 1995, Tribal Government Summit on Government-to-Government relationships.

1999

Participated in Tribal Consultation Summit with the Army Corps of Engineers in February.
Participated in MRBA meetings.
The Mni Sose Executive Director was re-elected as the Secretary of the MRBA.
The Mni Sose Executive Director made a presentation in March at the ACOE Historic Preservation and Cultural Resources meeting.
Held two Mni Sose Technical Team meetings to develop a tribal alternative to the PDEIS.

2000

Participated in MRBA meetings and informed the Board of Directors of the MRBA activities.
Participated in an Army Corps of Engineers-sponsored meeting, which provided participants with a chance to voice their concerns regarding sacred sites that may be adversely affected by the operation of the mainstem dams.
Provided the Board of Directors with a presentation on the U.S. Fish and Wildlifes Draft Biological Opinion for the Master Manual.
Provided the Board of Directors with an update from the Army Corps of Engineers on the Master Manual process.
Co-hosted a Survival Through Unity conference to identify tribal concerns pertaining to the Master Manual.
Disseminated Master Manual-related material to the Board of Directors.
Passed Resolution 00-05, which supports the Yankton Sioux Tribes request to the Army Corps of Engineers for the reburial of remains from the Old White Swan Cemetery.
During October 2000, Mni Sose reviewed comments from the Army Corps of Engineers and the states of Iowa and North Dakota on the U. S. Fish and Wildlife Service’s Biological Opinion.
On behalf of the Mni Sose Coalition, a representative from the Sac & Fox Nation of Missouri participated in a November 5, 2000, forum entitled, Missouri River Management, at Missouri Western State College in St. Joseph, Missouri.

2001

Mni Sose participated in the MRBA’s Technical Team meeting held on January 3 and 4, 2001, in Minneapolis, Minnesota. The focus of the meeting was the ACOE’s Draft Implementation Plan.
On February 2, 2001, Mni Sose held a conference call with its Master Manual Technical Team members to discuss incorporating tribal issues into the ACOE’s Draft Implementation Plan.
Mni Sose participated in an MRBA Technical Committee meeting on February 12, 2001, in Minneapolis, Minnesota. The purpose of the meeting was to develop recommendations on the U.S. Fish and Wildlife Service’s Biological Opinion.
On February 22, 2001, Mni Sose’s Project Coordinator participated in an MRBA meeting in Omaha, Nebraska. Agenda items included: litigation update, the Army Corps’ study on hydrology and hydraulics of the Lower Missouri River, update on current snow pack conditions, update on February 12 Technical Committee, schedule of Army Corps documents, recovery committee, Basin-wide conference, and legislation.
On March 1, 2001, Mni Sose’s President gave a presentation at the Law of Missouri River Conference in Omaha, Nebraska.
On March 22, 2001, Mni Sose participated in the ACOE’s Scoping Meeting for the Water Resources Development Act.
Mni Sose participated in the MRBA Board meeting on April 4, 2001, in Washington, DC. Topics discussed included: water quality and overall health of the Missouri River, current hydrological conditions, the Master Manual and the Implementation Plan, Mississippi River analysis, current legislation affecting the Basin, Dakota Water Resources Act, Northwest Area Water Supply program, and the MRBA’s May 31 and June 1, 2001, Stakeholders’ conference.
On April 20, 2001, Mni Sose participated in an MRBA conference call to discuss the agenda for the May 31 and June 1, 2001, Stakeholders’ conference.
On May 31, 2001, Mni Sose’s Project Coordinator attended a traveling exhibit tour entitled “Discovering the Rivers of Lewis and Clark” produced by American Rivers. The exhibit, which focused on Lewis and Clark’s exploration of the Missouri River, described how the river had changed since their voyage and restoration alternatives.
Mni Sose participated in the May 31 and June 1, 2001, MRBA Stakeholders’ conference: Endangered Species Recovery Committee, in Sioux Falls, South Dakota. The purpose of the meeting was to provide Missouri River stakeholders with an opportunity to give input into the development of a Missouri River Basin Endangered Species Recovery Committee, to review the experiences of recovery committees in other watersheds, and to learn about recent species recovery planning activities in the Basin. The conference resulted in a planning document for the recovery committee. A revised schedule for the Master Manual was also released at the conference. Based upon the June 1, 2001, schedule, the Master Manual RDEIS will be released August 31, 2001, and the implementation of the revised Master Manual will occur in March 2003.
On June 27, 2001, Mni Sose attended an Army Corps of Engineers’ Consultation and Coordination meeting in Bismarck, North Dakota. Meeting participants included tribal representatives, and BIA and US Fish and Wildlife officials.
Mni Sose participated in the MRBA Board meeting on July 13, 2001, in Minneapolis, Minnesota. Topics discussed included: update on current hydrologic conditions, Implementation Plan and Master Manual status, hydropower impact analysis, recovery committee, and legislative and litigation update.
On July 26, 2001, Mni Sose participated in a Master Manual Tribal Workshop conference call. The purpose of the teleconference was to discuss a proposal to hold tribally led workshops on the Master Manual’s RDEIS. Stakeholders participating in the conference call included: Army Corps of Engineers, Lower Brule Sioux Tribe, US Fish and Wildlife Service, Assiniboine and Sioux Tribes of Fort Peck, and the Environmental Protection Agency.
Mni Sose participated in the August 24, 2001, MRBA Board meeting, at which the upcoming August 31, 2001, release of the RDEIS was the main focus. The following items were also discussed: current hydrologic conditions, recovery committee, Benthic fish study, Master Manual, and legislative and litigation update. ACOE officials notified the MRBA the RDEIS would not include a preferred alternative. Instead, the RDEIS will include detailed analyses of six river management alternatives, each of which will have full NEPA coverage.
On August 29, 2001, Mni Sose participated in a follow-up teleconference to the July 26, 2001, Master Manual Tribal Workshop conference call. September 12-14, 2001, were chosen as the dates for The Missouri River Master Manual Tribal Orientation Conference, which will be held in Bismarck, North Dakota.
On September 12-14, 2001, Mni Sose participated in the Master Manual Tribal Orientation Conference. The following issues were discussed at the conference: Overview of the National Environmental Policy Act, Endangered Species Act, Master Manual process, and the Missouri River Annual Operating Plan.

2002

At the Mni Sose Coalition’s Board of Directors’ meeting on January 8-10, 2002, Colonel Ubbelohde, Commander and District Engineer for the Army Corp’s Omaha District, and Richard Opper, Executive Director for the Missouri River Basin Association, provided the delegates with presentations on the upcoming comment period for the Revised Draft Environmental Impact Statement (RDEIS) for the Missouri River Master Water Control Manual.
On February 7, 2002, the Mni Sose Coalition hosted a Tribal Energy Planning and Management meeting. One of the major items discussed was the impact each RDEIS alternative would have on tribal hydropower costs.
The Mni Sose Coalition provided the BIA Great Plains Regional Office and the Mni Sose delegates with its comments on the RDEIS for the Master Water Control Manual, dated February 28, 2002.
On April 16, 2002, the Mni Sose Coalition hosted a Great Plains Tribal Leaders/ACOE meeting to discuss the RDEIS for the Master Manual.
The Coalition provided the delegates with MRBA’s comments on the RDEIS for the Master Manual.
Tribal/ACOE Cultural Resources Task Force meeting held in Bismarck, North Dakota, on June 20 and 21, 2002 and Cultural Resources Meeting in New Town, North Dakota, on August 6 and 7, 2002.
The Coalition provided the delegates with a letter dated August 20, 2002, from the Army Corps regarding the status of the Missouri River Master Manual Review and Update.
At the Mni Sose Coalition’s Board of Directors’ meeting on August 14 and 15, 2002, the delegates passed Resolution #02-17, which requests the Army Corps of Engineers collaborate with the Missouri River Basin Tribes in the development of cultural resources agreements for the Army Corps and tribal lands; and Resolution #02-18, which requests the Army Corps of Engineers create a tribal liaison for the Omaha Division.

2003

Mni Sose coordinated and facilitated a Tribal Chairmen’s Planning Meeting on February 10, 2003, to prepare for the Tribal and Army Corps of Engineer’s Cultural Resources Task Force Meeting on February 11 and 12, 2003.
Mni Sose participated in the Tribal and Army Corps of Engineers’ Cultural Resources Task Force Meeting on February 11 and 12, 2003.
The Advisory Council on Historic Preservation produced a report entitled, “Status Report on the US Army Corps of Engineers Historic Preservation Program for the Missouri River Mainstem System,” which the Mni Sose Coalition disseminated to the member Tribes.
The Mni Sose Coalition submitted a letter to the Chairman of the Advisory Council on Historic Preservation (ACHP) on April 4, 2003, in which the Coalition requested that ACHP increase the number of Tribes it assists with cultural resources issues.
The Mni Sose Coalition participated in the Cultural Resources of the Missouri River Conference, held on May 5-7, 2003, in Lower Brule, South Dakota.
Mni Sose hosted a Missouri River Tribal Cultural Resources Meeting on May 15, 2003. Agenda items included: a review of the Cultural Resources Task Force meeting on February 11 and 12, 2003; an update of the Programmatic Agreement process, cultural resources budget review, a Master Manual/2003 Annual Operating Plan Review, and a presentation by the new Army Corps Tribal Liaison, Dr. Georgeanne Reynolds.
The Coalition continued to assist the Missouri River Basin Tribes as they produce a tribally driven Programmatic Agreement with the Army Corps of Engineers.
The Mni Sose Coalition submitted testimony in regards to the US Senate Committee on Indian Affairs’ oversight hearing on Native American Sacred Places on June 18, 2003.
At the Mni Sose Coalition Board of Directors’ Meeting on July 2, 2003, the delegates passed Resolution No. 03-09, which supports monitoring on the Missouri River as outlined in the Missouri River Enhancement and Monitoring Program.
Mni Sose participated in the Army Corps of Engineers Omaha District’s Archaeological Resource Protection Training Workshop on July 22-24, 2003.
Mni Sose assisted with production of the Draft 2003 Cultural Resources Programmatic Agreement for the Missouri River Basin. In a memo dated July 23, 2003, Mni Sose informed the Missouri River Basin Tribal Chairs and Tribal Cultural Resources Officials of the inclusion of the Draft PA on the Coalition’s website.
Mni Sose participated in a Tribal/Army Corps Programmatic Agreement Consultation Session on July 29 and 30, 2003.
On behalf of the Three Affiliated Tribes of Fort Berthold, the Mni Sose Coalition coordinated and facilitated a Tribal Caucus on September 15, 2003, to discuss the Tribal/Army Corps Consultation Meeting held on September 16-18, 2003.
Mni Sose participated in the Tribal/Army Corps Programmatic Agreement Consultation Meeting on September 16-18.
Mni Sose provided the member Tribes with information on the Tribal Historic Preservation and Legal Workshop held on September 28-30, 2003.
The Mni Sose Coalition provided testimony before the US Senate Committee on Indian Affairs on October 16, 2003, regarding the Army Corps’ operation of the Missouri River. In particular, the Coalition criticized the proposal to unbalance the water levels in three of the upper river lakes, which would have detrimental impact of tribal cultural resources.The Mni Sose Coalition participated in a public meeting on October 28, 2003, regarding the Army Corps Draft 2003-2004 Annual Operating Plan for the Missouri River.
On October 31, 2003, the Mni Sose Coalition hosted a “Master Manual Tribal Summit Meeting.” The Cultural Resources Programmatic Agreement for the Missouri River was one of the items discussed at the meeting.
During November 2003, the Army Crops released a new biological assessment of the flow changes the Corps is proposing for the Missouri river. The Coalition provided the Tribes with information on providing input on the report. On January 12, 2004, the Coalition provided the Tribes with summation of the biological assessment.
The Coalition participated in an Army Corps’ Programmatic Agreement Meeting held on November 18-20, 2003.
Mni Sose participated in an Army Corps/Tribal Master Manual Meeting on October 31, 2003. The Coalition received a follow-up letter from General Grisoli on December 15, 2003.
On December 16, 2003, the Fish and Wildlife Service submitted its formal opinion on the Army Corps’ Biological Assessment of the operations of the Missouri River.

2004

The Army Corps released the final revised Master Manual and Record of Decision on March 19, 2004.
The MRBA submitted letters to Missouri River Basin Congressional Delegates on March 18, 2004, urging support for the President’s FY 2005 budget request which includes a request for $69 million for the Army Corps to help with the recovery of the Missouri River Basin’s threatened and endangered species.
Mni Sose participated in the final review of the Programmatic Agreemetn on March 12 and 13, 2004.
Mni Sose produced a report that compares the Master Manual’s Preferred Alternative to the current Water Control Plan, which was forwarded to the Tribes on March 29, 2004.
The Army Corps held a Missouri River Recovery Implementation Committee meeting on March 31, 2004.
The Army Corps of Engineers conducted the initial meeting of the Missouri River Recovery Implementation Committee (MRRIC) Meeting on March 31, 2004, in which the Coalition participated. The adaptive management process that will be implemented by MRRIC will allow positive changes to occur in the operation of the Missouri River, via scientific practices and input from stakeholder. The concept of MRRIC was included in the Corps’ biological assessment and the Master Manual’s Record of Decision.
Mni Sose provided comments at the Signing Ceremony for the Missouri River Cultural Resources Programmatic Agreement on April 13, 2004.
The MRBA submitted a letter to the Commander of the Northwestern Division of the Army Corps on April 30, 2004, regarding the MRBA’s offer to assist the Corps in formulating a Missouri River Recovery Implementation Committee (MRRIC) as outlined in the revised Master Manual.
The MRBA Executive Director gave a presentation on the status of the Master Manual and MRRIC at the Mni Sose Coalition’s May 12 and 13, 2004, Board of Directors Meeting.
In June 2004, the 9^th District Court’s ruled on the Missouri River. The judge’s 51-page order can be found on Mni Sose’s website. The judges ruled in favor of the Corps and the Fish and Wildlife Service and against the other parties in the suit, which lets stand the 2003 amended Biological Opinion, the new Master Manual, and the 2004 Annual Operating Plan. The 51-page ruling can be found on Mni Sose’s website.
MRBA’s Workplan for FY 2005-2006 was completed in June 2004.
On June 25, 2004, the Army Corps and US Fish and Wildlife announced the construction of 1,200 acres of shallow water habitat for the endangered pallid sturgeon.
Mni Sose met with Army Corps officials on August 12, 2004, to discuss the Corps’ cultural resource priorities and adaptive management strategies.
Mni Sose officials met with George Dunlop, Principal Deputy Assistant Secretary of the Army for Civil Works on September 22, 2004, to discuss tribal involvement in MRRIC.
Army Corps of Engineers’ officials made a presentation on Missouri River Master Manual issues and the Draft 2005 Annual Operating Plan at the Coalition’s Board of Directors’ Meeting on September 29, 2004.
Mni Sose posted monthly news releases from the Army Corp’s Northwestern Division on the Coalition’s website and forwarded the released electronically to the Tribes.

2005

Mni Sose facilitated tribal representation on the new organization, the Missouri River Association of States and Tribes, made up of MRBA and Missouri River Natural Resource Committee.
Mni Sose posted monthly news releases from the Army Corp’s Northwestern Division on the Coalition’s website and forwarded the released electronically to the Tribes.

2006

Mni Sose assisted the Tribes in securing six tribal representatives on the MoRAST Board of Directors, compared to only one tribal representative on the MRBA Board, which had been carried out by the Mni Sose Coalition in past years.
Mni Sose posted monthly news releases from the Army Corp’s Northwestern Division on the Coalition’s website and forwarded the released electronically to the Tribes.

WESTERN AREA POWER ADMINISTRATION

1994

Testimony of Chairman Wilbur Between Lodges, Oglala Sioux Tribe, representing the Missouri River Basin Tribes through Mni Sose, respected House Natural Resource Committee Oversight hearing on WAPA's allocation of federal power.
Requested tribal support for inclusion of tribal access to low-cost energy in the WAPA Environmental Impact Statement.
Researched the cost to residential customers from rural electric association's serving Indian reservation.
Missouri River Basin Tribes' first meeting with WAPA in a series of continual monthly meetings to discuss tribal involvement in WAPA's EPAM program and gain an allocation of federal hydropower.
Worked successfully to coordinate the effort to bring inexpensive hydroelectric power to the tribal reservations.
Utilized the services of the Coalition's technical team to prepare and submit a response to the draft EIS requesting consideration of basin-wide tribal concerns.

1995

With a grant from the Eagle Staff Fund, the Coalition continues its work with WAPA to ensure that the hydroelectric power promised reaches the Tribes in an efficient manner.
Resolution 95-05 provided contracting services to Missouri River Basin Tribes to develop energy assessments to respond to the requirements of WAPA's EPAM program.
Mni Sose technical team member, Mike Watson, proposed a methodology for determining future energy requirements of Missouri River Basin Tribes which was endorsed by WAPA representatives.
Resolution 95-11 requested the Department of Energy to assist Missouri River Basin Tribes in receiving allocation of hydropower by providing financial assistance to Mni Sose.
Executive Director, Richard Bad Moccasin, sent a statement of opposition to the proposed sale of power marketing administrations (PMAs) to U.S. House of Representatives which was included in the hearing on PMAs by the House Resource Subcommittee on Water and Power.
Executive Director, Richard Bad Moccasin, testified to U.S. Senator Tom Daschle and U.S. Representative Tim Johnson in Parker, South Dakota regarding the sale of power marketing administrations and presented testimony before the Senate Committee on Energy and Natural Resources in Washington, DC.
WAPA announced that in its final rule published in the Federal Register on 10-20-95, Tribes will be included as new customers who will receive an allocation of power out of the four percent established in the resource pool.
Resolution 95-17 rejected current WAPA estimates of Indian power needs and requested allocation of power in the final rule sufficient to meet 100 percent of tribal needs.
Presented a series of workshops on the reservations which focused on educating the tribal leadership and technical staff on the creation and operation of tribal utilities.

1996

Coordinated regular meetings between billings Area Tribes and assisted Tribes in the determination of energy loads.
Presented a series of workshops on the reservations which focused on educating the tribal leadership and technical staff on the creation and operation of tribal utilities.
Convened the technical team to respond to WAPA's final rules on the tribal allocation of federally-generated hydropower, which was released January of 1996, to determine how the allocation impacts individual tribal energy loads.
Coordinated meetings between WAPA and the Tribes and assisted Tribes in resolving issues within the final rules.
Successfully requested to extend the deadline for submitting comments to the tribal allocation of hydropower from October 7, 1996 to October 21, 1996.

1997

Presented the Northern Plains Tribal Electric Utility Symposium.
In April held a meeting with WAPA officials to discuss the contracting process.
In May hosted WAPA/Tribal meeting to discuss the contracting process.

1998

Held a tribal strategy session for hydropower financing in July.
Participated in energy deregulation conferences.
Participated in tribal meetings regarding the Energy Planning and Management Program.
Conducted a two-day energy conference in August.
Participated in planning meeting for Council of Energy Resource Tribes energy conferences.
Conducted Tribal Utility Development workshop in December.
Participated in Tribal/Western Area Power Administration technical meeting in December.
Resolution 98-08 was passed supporting the Missouri River Basin Tribes and Standing Rock Sioux Tribes proposal to purchase the Eastern Division of the Pick-Sloan project and forming a tribal power corporation to purchase the Pick-Sloan dams.
Resolution 98-10 was passed authorizing the establishment of a corporation for energy management and investment purposes.

1999

Attended Western Area Power Administration meeting in January.
Conducted a Tribal/Western Area Power Administration meeting in January.
Participated in National Tribal Energy Visioning Workshop in February.
Participated in Tribal Energy Policy Development Meetings in Washington, DC in April.
Attended Omaha Tribe/Western Area Power Administration contracting meeting in April.
Conducted energy planning meeting in May.
Resolution 99-06 was passed requesting the U.S. Department of Energy to provide financial assistance to the Mni Sose Intertribal Water Rights Coalition to provide energy management training and technical assistance to Missouri River Basin Tribes.
Resolution 99-07 was passed to request financial resource and technical assistance from Western Area Power Administration.
Held Tribal Leaders Utility Development Training at Flandreau, SD, and on the Sisseton-Wahpeton Sioux Tribe Reservation.

2000

Individually assisted the Tribes in the Billings Marketing area in completing their bill crediting contracts to Western Area Power Administration.
In response to Western Area Power Administrations announcement of the implementation of the EPAM program in the Rocky Mountain Region, coordinated and facilitated numerous meetings and conferences with the Tribes located in Kansas and Wyoming. Mni Sose provided the Tribes with the following information: an overview of the EPAM program, tribal roles in EPAM, training in the EPAM program rules and regulations, wheeling issues, general contract principles, Integrated Resource Planning, Energy 101, energy deregulation, the Rocky Mountain power allocations process, requirements for the Applicant Profile Data, economic development related to the power allocations, and renewable energy on tribal lands.
Assisted the Tribes in Wyoming and Kansas in completing their Letters of Interest and Applicant Profile Data to Western Area Power Administration.
Assisted the Flandreau Santee Sioux Tribe in its attempt to have the Department of Energy review the Tribes hydropower allocation. As a result, Western agreed to take into consideration any gross errors or underutilized allocations for the 1% pool allocation that will be available in 2004 and by assisting the Tribe with the development of renewable energy.
Facilitated a utility planning meeting for the Flandreau Santee Sioux Tribe.
Passed Resolution 00-03, which requests financial assistance from the Administration for Native Americans to conduct a dissemination and research program related to Indian energy development and management for the Tribes served by the Western Area Power Administration.
Passed Resolution 00-04, which requests the U.S. Department of Energy provide financial assistance to Mni Sose to provide energy management training and technical assistance to Missouri River Basin Tribes.
Passed Resolution 00-11, which requests financial assistance from the U.S. Department of Agriculture to provide technical assistance and technology transfer in economic development on tribal lands based on an allocation of hydropower.
Passed Resolution 00-12, which requests financial assistance from the Administration for Native Americans to conduct governance and economic development training and program development to select Tribes in the Northern Plains Region based on an allocation of hydropower.
Mni Sose facilitated a Tribal/Western Energy Planning and Management meeting on October 24, 2000, at the Kickapoo Reservation for the Loveland Marketing Area Tribes. Items discussed included an update of the applications received by Western and a review of the draft allocation process. During the October 24, 2000, Tribal/Western Energy Planning and Management meeting, the Loveland Marketing area Tribes received instructions on drafting their firm electric contracts.
On November 28 and 29, 2000, Mni Sose facilitated a Tribal/Western Area Power Administration meeting at the Kickapoo Reservation for the Loveland Marketing Area Tribes. Agenda items included: a review of the allocation process, contracting language and other contracting issues, a review of the Billings Marketing Area contracting process, the tribal role in the contracting process, and Western’s Green Tag program. At the November 28 and 29, 2000, Tribal/Western Area Power Administration meeting, the following items were presented to the Tribes: Integrated Resource Planning, economic development and electrical energy allocations, biomass as an alternative energy source, and wind energy as an alternative energy source.
During December 2000, Mni Sose held numerous conference calls with members of the Intertribal Energy Network to prepare for the January 11, 2001, Government-to-Government meeting with the Administrator of Western Area Power Administration.

2001

On January 1, 2001, 16 of the Tribes in the Billings Marketing Area that had signed firm electric contracts with Western began receiving allocations of low-cost, federally generated hydropower. During this reporting period, Mni Sose worked with the remaining Billings Marketing Area Tribes to assist them in submitting firm electric contracts for approval by Western.
The Mni Sose Coalition’s January 11 and 12, 2001, Board of Directors’ meeting included a Government-to-Government session with Western Area Power Administration officials, including Western’s Administrator, Mike Hacskaylo. Items discussed during the session included: a historic review of tribal energy conditions before and after Western allocations, defining trust responsibilities while building relationships, Western’s role in tribal energy, and a discussion of tribal EPAM issues. The Mni Sose Board adopted Resolution 01-04 requesting the U.S. Department of Energy meet their trust responsibilities to the Missouri River Basin, adding language to support the Indian Energy Policy Act.
On January 25, 2001, Mni Sose received word from Western Area Power Administration that the release of the proposed allocations for the Loveland Marketing Area has been put on hold until the Bush Administration becomes familiar with the process. Therefore, training in the EPAM program rules and regulations were put on hold until the release of the proposed allocations in May 2001.
Mni Sose coordinated a meeting on April 26, 2001, for Tribal leaders from Lower Brule Sioux Tribe to meet with Western Area Power Administration officials in the Billings Marketing area to discuss the Tribe’s hydropower allocation concerns.
On June 20, 2001, Mni Sose officially requested that Western Area Power Administration officials meet with the Loveland and Salt Lake Area Tribes in July to discuss the methodology for determining the proposed allocations. (The minutes from the November 28 and 29, 2001, Tribal/Western Area Power Administration Energy meeting reflect that Western officials will meet with the Tribes after the proposed allocations are released to discuss the methodology for determining the allocations). However, on June 25, 2001, Mni Sose was informed by Western that their legal counsel advised them not to meet with the Tribes until after the final allocations are released in late October or early November 2001.
Mni Sose coordinated and facilitated a meeting for the Flandreau Santee Sioux Tribe, Lower Brule Sioux Tribe, and Western Area Power Administration on June 28, 2001, in Billings, Montana. Issues discussed included: Flandreau Tribal Profile and Data, Lower Brule Tribal Profile and Data, Western/Tribal Discussion on the 2006 Resource Pool, and Renewables. During the meeting, Western official Bob Harris said he could not guarantee that the Lower Brule and Flandreau Santee Sioux Tribes would receive additional allocations from the 2006 resource pool. However, he suggested the Tribes follow a number of steps to document and strengthen their proposals.
Mni Sose facilitated a Wind River Reservation Energy Conference on July 23, 2001, in Riverton, Wyoming. Items discussed included: the Energy Policy Act of 1992, the Energy Planning and Management Program, the tribal allocation process.
The Mni Sose Coalition collaborated with the Council of Energy Resource Tribes and the Intertribal Energy Network (IEN) to assist with energy issues resulting from the tribal allocations. The IEN introduced National Indian Energy Policy legislation, which would provide for: an Indian desk at the Department of Energy, funds for tribal training and planning; and implementation of Indian energy initiatives.

2002

At the Mni Sose Coalition’s Board of Directors’ meeting on January 8-10, 2002, David Lester, Executive Director of the Council of Energy Resource Tribes, made a presentation on energy efficiency and renewable energy (refer to Appendix 3).
Mni Sose coordinated and facilitated a Tribal Energy Planning Meeting on February 7, 2002, in Rapid City, South Dakota.
Prior to the Mni Sose Coalition’s Board of Directors’ meeting on April 24 and 25, 2002, the delegates took part in a planning session, at which renewable energy and alternative energy strategies were discussed (refer to Appendix 3), and a representative from Bonneville Power Administration gave a presentation on the benefits and challenges of forming a tribal utility.
On June 20, 2002, Mni Sose provided comments to WAPA on its Post-2005 Resource Pool for the Billings Marketing Area. Western proposes to create a new resource pool by taking 1% of the current customers’ allocations, including tribal loads. Mni Sose contends the Tribe did not receive their fair share during the Post-2000 allocation process, and therefore, should not be required to forfeit 1% of their allocations for the Post-2005 resource pool and another for the Post-2010 resource pool.
The Mni Sose Coalition conducted a Tribal Renewable Energy workshop in Kansas City on June 25 and 26, 2002.
At the Mni Sose Coalition’s Board of Directors’ meeting on August 14 and 15, 2002, the Council of Energy Resource Tribes gave a presentation on Indian Energy 2002 (refer to Appendix 3). The delegates were also provided copies of the proposed Indian Energy Bill, and Jon Horst, Contracts Specialist for WAPA, provided the delegates with a report on the results of the Native American Benefits Review for Calendar Year 2001.

2003

Mni Sose hosted an Intertribal Energy Network Meeting on January 13, 2003. The purpose of the meeting was to determine what the Tribes and WAPA need to accomplish to maintain the hydropower allocation schedules for the Loveland and Salt Lake City Marketing Areas. The development of a guidebook for tribal leaders and planners was also discussed.
On October 6, 2003, Mni Sose provided comments on WAPA’s proposal to reduce sustainable hydropower in the Colorado River Storage Project Area (the Eastern Shoshone and Northern Arapaho Tribes are located in the Colorado River Storage Project Area). In its comments, Mni Sose suggested that WAPA could keep its rates lower for all customers by decreasing the amount of purchased power. This could be accomplished by paying the Tribes a lump sum in the amount of the benefit they would have received from their power allocation in settlement for their agreement not to use their allocations in drought years. In this manner, WAPA would avoid purchasing the amount of power that was allocated to the Tribes and the Tribes would still receive their power allocation benefits and all tribal and other customers’ rates would be decreased as some purchase power costs would be avoided.
Mni Sose sent a memo to the Loveland-area Tribes on October 7, 2003, informing them to provide WAPA with additional changes they would like included in the Tribes’ reserved contract by October 17, 2003.

2004

Mni Sose coordinated a facilitated a Loveland Area Tribal/WAPA Meeting on April 16, 2004. The purpose of the meeting was to discuss the Tribes’ options for their firm electric contracts.
Mni Sose coordinated a conference call with the Loveland-Area Tribes on July 9, 2004, to discuss their pending hydropower contracts. The Tribes must sign their contracts before October 1, 2004, to receive the full benefits of the 20-year contracts.
Mni Sose send a letter to WAPA on July 12, 2004, regarding the power allocation delivery options to Kansas tribal customers. In the correspondence, the Coalition addressed a number of concerns regarding the draft contract, as well as suggestions for resolving some of those concerns.
Mni Sose provided the Kansas Tribes with a status report of the Kansas Tribal WAPA contracting process on July 16, 2004.
On July 30, 2004, Mni Sose presented comments to WAPA on its proposed General Power Contract Provisions for the Desert Southwest Area, which was issued on May 24, 2004. In its comments, Mni Sose took issue with a number of proposed revisions, which contain implications to tribal sovereignty and self-determination as established by tribal governments and may limit the benefits of low-cost, federally generated hydropower to tribal members. Mni Sose also recommended that WAPA comply with the Government-to-Government Executive Order by consulting with tribal leaders during the revision process.
Mni Sose held a conference call with the Loveland-Area Tribes on August 20, 2004; to discuss the contracting options available to the Tribes. Possible options include energy swaps with: a Colorado entity, the Municipal Energy Agency of Nebraska, Sunflower Electric, and the Air Force.
Mni Sose sent a letter of clarification to the Chief Executive Officer of the Kansas Electric Power Cooperative (KEPCO) on August 30, 2004. KEPCO was under the assumption that the Tribes felt that KEPCO and other energy companies have been standing in the way of a solution to the power delivery concerns of the Tribes. In the letter, Mni Sose stated that KEPCO’s assistance has been very helpful and that Mni Sose has expressed its concern regarding the limitations WAPA has placed on the Tribes’ power delivery options.
Mni Sose participated in a meeting with the Loveland-Area Tribes and WAPA officials on September 3, 2004, to discuss the Tribes’ hydropower contract options.
In September 2004, the Iowa Tribe of Kansas and Nebraska, the Kickapoo Tribe in Kansas, and the Prairie Band Potawatomi Nation signed power pooling contracts with the Municipal Energy Agency of Nebraska (MEAN) and WAPA, which will allow the Tribes to begin receiving their hydropower benefits on October 1, 2004. The Sac & Fox Nation of Missouri, meanwhile, requested that WAPA provide direct delivery of its hydropower allocation. WAPA responded that the agency will deliver the Tribe’s allocation to the end of its system in Southwestern Kansas and, as a result, the Tribe will need to request specific transmission service to deliver the power to the Kansas Electric Power Cooperative, at the Tribe’s own cost.
At the Coalition’s Board of Directors’ Meeting on September 30, 2004, the delegates received a report on the status of the tribal contracts in the Loveland area.

MCCARRAN AMENDMENT

1993

Resolution 93-10 supported the revision of the McCarran Amendment to exclude Indian water rights cases from the McCarran Amendment proceedings.

1996

Conducted training by Susan Williams of Gover, Stetson and Williams, on the Winters Doctrine and the McCarran Amendment.
Compiled research on the McCarran Amendment and its effect on Tribes.

1998-2004

Continued research on the McCarran Amendment and its effect on Tribes.

BUREAU OF INDIAN AFFAIRS WATER CODE MORATORIUM

1993

Correspondence from Executive Director, Daryl Wright, to Secretary of the Interior, Bruce Babbitt regarding lifting the moratorium on water code approval to enable tribal water management.
Resolution 93-03 supported the Omaha Tribe of Nebraska and other Missouri River Basin Tribes in their efforts to secure Interior Department approval and recognition of their respective tribal water codes.

1995

Met with the Assistant Secretary of the Bureau of Indian Affairs to discuss the effects of the moratorium on tribal water management capabilities.
Mni Sose continued to assemble model water codes for adoption on the reservations for the day when the Secretary of the Interior removes the moratorium on tribal water codes.

1996

Located financial assistance in the development of model water codes for Tribes affected by the lifting of the moratorium.
Provided training to tribal natural resource staff on development of tribal environmental infrastructure to maintain tribal water codes when the moratorium is lifted.

1997

Published the disseminated a detailed tribal water code guidebook. The guidebook includes tribal water code development, drafting a tribal water code, and developing a water quality regulatory program.

1998

Resolution 98-07 was passed requesting the Secretary of the Department of Interior lift the water code moratorium.

TECHNICAL ASSISTANCE TO TRIBES

1994

Assisted the ACOE in providing training and information for the Coalition member Tribes on programs offered by the Corps.
Provided technical assistance to the Sisseton-Wahpeton Sioux Tribe to draft sections of the Environmental Protection Ordinance and the first draft of a quality assurance project plan.
Provided information on water resources and federal agencies' proposed plans and activities to Coalition tribal members as it became available.
Published quarterly newsletters highlighting technical information and federal agency activities.

1995

Provided information on water resources and federal agencies' proposed plans and activities to Coalition tribal members as it became available.
Published quarterly newsletters highlighting technical information and federal agency activities.
Developed and submitted grant applications to federal and private foundations for financial assistance to provide training and technical assistance to Tribes.
Published and distributed the second Mni Sose Intertribal Indian Water Rights Coalition Annual Report to update the public on Coalition activities and accomplishments.

1996

Provided information on water resources and federal agencies' proposed plans and activities to Coalition tribal members.
Developed and submitted grant applications to federal and private foundations for financial assistance to provide training and technical assistance to Tribes.
Published and distributed the Third Mni Sose Intertribal Indian Water Rights coalition Annual Report to update the public on Coalition activities and accomplishments.
Provided computer equipment to 24 tribal natural resource staff which allows access to the Internet information system to solve tribal environmental problems.
Provided training to 24 tribal natural resource staff on utilizing Internet information to research environmental information to solve tribal environmental problems.
Provided training to Tribes on current Missouri River issues and activities in a one-day seminar in Omaha, Nebraska.
Attended Great Plains Initiative meeting on accessing Geographical Information System data from State and Federal natural resource agencies.
Published quarterly newsletters highlighting technical information and federal agency activities.

1997

Provided information on water resources and federal agencies' proposed plans and activities to Coalition tribal members.
Published quarterly newsletters highlighting technical information and federal agency activities.
Developed and submitted grant applications to federal and private foundations for financial assistance to provide training and technical assistance to Tribes.

1998

Posted a homepage for the Coalition on the Internet containing news/updates, member information, newsletters, and links (mnisose.org).
Published newsletters highlighting technical information and Federal agency activities.
Provided information on water resources and federal agencies' proposed plans and activities to Coalition tribal members.
Developed and submitted grant applications to federal and private foundations for financial assistance to provide training and technical assistance to Tribes.
Began development of a tribal Emergency Management and Preparedness handbook.
The Mni Sose Intertribal Water Rights Coalition provided support services to the Environmental Protection Agency’s Regional Operations Committees (ROC) for Regions 7 and 8.

1999

Regularly updated the Mni Sose Coalition's Internet homepage to include technical information and Federal agency activities.
Provided information on water resources and federal agencies' proposed plans and activities to Coalition tribal members.
Developed and submitted grant applications to federal and private foundations for financial assistance to provide training and technical assistance to Tribes.
Provided Missouri River Basin Tribes with software and week-long training in Geographic Information Systems training.
The Mni Sose Intertribal Water Rights Coalition provided support services to the Environmental Protection Agency’s Regional Operations Committees (ROC) for Regions 7 and 8.

2000

On October 25, 2000, Mni Sose facilitated the initial Drought Review and Interagency Planning meeting for the Kickapoo Tribe at the Tribe’s reservation.
The Coalition followed up the October 25 meeting with a Kickapoo Tribal Drought Planning meeting on November 29, 2000, which was held on the Kickapoo Reservation. Participants included representatives from the Kickapoo Reservation, Bureau of Reclamation, Mni Sose Coalition, Indian Health Service, and the Bureau of Indian Affairs. The main purpose of the meeting was to review the proposed Kickapoo tribal drought plan.
The Mni Sose Intertribal Water Rights Coalition provided support services to the Environmental Protection Agency’s Regional Operations Committees (ROC) for Regions 7 and 8.

2001

During Mni Sose’s January 11 and 12, 2001, Board of Directors’ meeting, Bureau of Reclamation officials gave a presentation on Reclamation’s Native American Affairs’ program.

The following resolutions were approved by the delegates at the January 11 and 12, 2001, Board meeting:

Ø 01-03 requests the Bureau of Reclamation maintain trust responsibilities to the Missouri River Basin Tribes through the Indian Small Water Projects Act of 2001;

Ø 01-04 requests the U.S. Department of Energy meet their trust responsibilities to the Missouri River Basin, adding language to support the Indian Energy Policy Act;

Ø 01-05 supports Federal core water quality standards being proposed by the U. S. Environmental Protection Agency; and

Ø 01-06 requests the Federal Emergency Management Agency enhance its trust responsibilities to the Missouri River Basin Tribes, adding language to include tribal areas not identified in flood zones, especially those in Kansas.

The Mni Sose Coalition hosted a Tribal Emergency Management Conference with the Tribes in FEMA's Region 7 on November 6 and 7, 2001, in Kansas City, Kansas.

2002

The Mni Sose Coalition provided the following training workshops:

Sustainable Development conference on January 16 and 17, 2002, in Omaha, Nebraska;
Tribal Hazardous Materials workshop on January 23 and 24, 2002, in Kansas City, Kansas;
Tribal Energy Planning and Management meeting on February 7, 2002, in Rapid City, South Dakota;
Your Reservation: Designing its Future workshop in Lawrence, Kansas, on February 19-21, 2002;
Mni Sose/Council of Energy Resource Tribes Sustainable Development Conference on March 21 and 22, 2002, in Denver, Colorado;
Great Plains Tribal Leaders/Army Corps of Engineers meeting in April 16, 2002, in Rapid City, South Dakota;
Mni Sose participated in the Tribal/Army Corps of Engineers Cultural Resources Task Force meetings on June 20 and 21, 2002, in Bismarck, North Dakota;
Tribal Renewable Energy workshop on June 25 and 26, 2002, in Kansas City, Kansas (refer to Appendix 17); and
Tribal/Army Corps of Engineers Cultural Resources Task Force meeting on August 6 and 7, 2002 in New Town, North Dakota.
Indian Energy Solutions workshop on October 2 and 3, 2002.
National Tribal Environmental Enforcement and Compliance conference on November 190-21, 2002.
Section 106 Training/Cultural Resources and Sacred Sites Protection on December 17-19, 2002.

2004

On July 1, 2004, the OPY production company interviewed Mni Sose’s Executive Director for a documentary the company was producing on the results of treaties the Missouri River Basin Tribes signed with the U.S. Government in the late 1880s in regards to cultural resources.
Mni Sose took part in a planning meeting on July 13, 2004, for River Network’s River Rally 2005. The River Network organization supports grassroots river and watershed conservation groups by linking the groups with river information, resources, and services.
Mni Sose hosted a “Funding for Natural Resources Programs and the Performance Rating Assessment Tool” Workshop on July 27 and 28 and September 14 and 15, 2004.
The Coalition participated in the Ogallala Commons’ “Empowering our Communities to Flourish” Summit on August 25, 2004. Mni Sose is a member of the Ogallala Commons, which is a resource network offering leadership to create thriving communities in the Great Plains region that overlies the High Plains-Ogallala Aquifer region.
Mni Sose’s Executive Director was a panelist on the nationally syndicated program Native America Calling on August 27, 2004. During the hour-long program, which featured the topic of “Sacred Rain,” the panelists discussed the Tribes’ responsibility of taking care of their water resources.
On September 24 and 25, 2004, Mni Sose participated in the Ogallala Commons’ “Wind, Water, and Sun: Renewing the Commonwealth of Energy” Meeting.
At the Coalition’s Board of Directors’ Meeting on September 29, 2004, the delegates were provided with a presentation on marketing tribal water.
Officials from the Bureau of Reclamation and the Garrison Diversion District provided the Mni Sose delegates with an update of the Red River Valley Supply Project at the Coalition’s Board of Directors’ Meeting on September 30, 2004.

ENVIRONMENTAL PROTECTION

1995

Submitted testimony on the Environmental Justice mission of the Environmental Protection Agency.
Attended state, federal, and public information sessions on environmental protection and management strategies.
Developed the preliminary watershed protection program and submitted grant applications to the BOR and EPA.
Conducted meetings with the EPA to address common environmental concerns regarding the Missouri River Master Manual.

1996

Developed and implemented a Community-Based Environmental Protection Program with the Environmental Protection Agency under authority of the EPA's Environmental Justice mission.
Developed and implemented a watershed protection program in cooperation with the Bureau of Reclamation. This training program will provide training to 24 tribal natural resource staff in watershed management.
Conducted meetings with the Environmental Protection Agency to address common environmental concerns regarding the Missouri River Master Manual.
Met with Indian Health Service, Environmental Protection Agency, Bureau of Reclamation, Bureau of Land Management, U. S. Park Service, U. S. Fish and Wildlife, and other federal agencies to develop partnerships with the watershed protection program.
Met with the Indian Health Service and allied agencies to address water quality issues within the Missouri River Basin. Submitted grant applications for clean water programs in the basin.

1997

Resolution 97-06 requested that the administrator of EPA provide Mni Sose with surveys of safe drinking water needs of the Mni Sose member Tribes.
Held meetings with EPA officials to discuss the Community-Based Environmental Protection Program.
Nominated the Missouri River as one of the ten rivers to be designated as an American Heritage River, as proposed by President Clinton.

1998

Provided administrative support for EPA Regional Operations Committees in Regions VII and VIII.
Hosted an Oglala Sioux Tribal Natural Resources meeting in January.
Participated in an environmental enhancement workshop in September.
Conducted meetings with the EPA to address common environmental concerns regarding the Missouri River Master Manual.
Held Community-Based Environmental Protection training in December.
Resolution 98-04 was passed requesting the Bureau of Indian Affairs and Bureau of Reclamation develop a cooperative agreement with the Mni Sose Intertribal Water Rights Coalition to improve water resource management capabilities on tribal lands.
Resolution 98-05 was passed requesting the Environmental Protection Agency, Region VII and Region VIII, develop a cooperative agreement with the Mni Sose Intertribal Water Rights Coalition to survey tribal water quality and water treatment facilities systems in the Missouri River basin.
Resolution 98-06 was passed requesting the Environmental Protection Agency, Region VII and Region VIII, develop a cooperative agreement with the Mni Sose Intertribal Water Rights Coalition to increase tribal capabilities for comparative risk assessments in the Missouri River basin.

1999

Assisted in conducting the EPA, Region VII's Tribal Leaders' Summit on environmental issues in April.
Provided administrative support for EPA Regional Operations Committees in Regions VII and VIII.
Conducted meetings with the EPA to address common environmental concerns regarding the Missouri River Master Manual.

2000

Mni Sose participated in an environmental justice workshop on November 16 and 17, 2000, in Kansas City, Kansas.
On December 11-15, 2000 Mni Sose participated in an Air Quality workshop in Flagstaff, Arizona on the fundamentals of air pollution technology.
Mni Sose participated in GPS training on December 21, 2000, in Kansas City.

2001

On June 4-9, 2001, Mni Sose participated in an Air Monitoring Network Design workshop.
Mni Sose participated in a “Developing an Air Quality Implementation Plan” workshop July 10-12, 2001, in Fond du Lac, Minnesota.
Mni Sose participated in the Upper Missouri River Water Association Meeting/Bureau of Reclamation funding forum on July 20, 2001, in Rapid City, South Dakota.

2002

Provided administrative support for EPA Regional Operations Committees in Regions VII and VIII.
Mni Sose participated in an air quality workshop entitled "Air Quality Program Administration" on August 20-23, 2002.

2003

Provided administrative support for EPA Regional Operations Committees in Regions VII and VIII.

2004

Provided administrative support for EPA Regional Operations Committees in Regions VII and VIII.
Mni Sose participated in an air quality workshop entitled "Air Quality Computations" on October 4-8, 2004.

2005-06

Provided administrative support for EPA Regional Operations Committees in Regions VII and VIII.

ENVIRONMENTAL REGULATION

1993

Resolution 93-06 called upon EPA to support uniform tribal regulatory authority over the environment within reservation boundaries.

1994

Coalition completed "Federal Indian Water Policy"
Resolution 94-18 supported an amendment to Senate Bill 2418, the Floodplain Management, Environmental Restoration and Recreational Act of 1994 and the House of Representatives' Water Resource development Act of 1994 to include Missouri River Basin Tribes in the planning process.
Resolution 94-20 supported the development of NatEl (Native Electric) system as a Native American sustainable hydropower enterprise to improve the welfare through self-sufficiency, creating environmentally friendly jobs, and protecting natural water quality through stewardship.

1995

Resolution 95-23 requested financial assistance from the Administration for Native Americans to mitigate Department of Defense environmental impacts on Indian lands.
Coalition held "partnership conference' as part of watershed protection and management program with the Bureau of Reclamation.

1996

Due in part to efforts by Mni Sose, the House of Representatives deleted an amendment to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that would have crippled tribal authority to administer FIFRA programs.

1997

Hosted meetings with the Bureau of Reclamation and area Tribes to discussed the Angostura EIS project.

1998

Hosted meetings with the Bureau of Reclamation and area Tribes to discussed the Angostura EIS project.

1999

Resolution 99-05 was passed requesting the U.S. Environmental Protection Agency to enter a cooperative agreement with the Mni Sose Intertribal Water Rights Coalition to provide water resource training and technical assistance to Missouri River Basin Tribes.

2000

Provided waste water training to 13 Tribes.
Provided Geographic Positioning System (GPS) training to 13 Tribes
Provided administrative support to the Regional Tribal Operations Committees from EPA Regions 7 and 8, which included maintaining a communications network and preparing meeting minutes.
Co-hosted a FEMA Tribal Emergency Management Conference, which provided emergency management skills training to Tribes and encouraged an interagency commitment to emergency management in Indian Country.
Maintained a website that includes relevant water resource information for the Tribes and links to environmental data banks.
Passed Resolution 00-07, which supports the development and formation of an interagency and government-to-government environmental health working group to address current and future environmental health concerns on tribal lands.

WATER RESOURCE DEVELOPMENT ACTIVITIES

1996

Provided training projects for tribal personnel in surface water and ground water quality monitoring.
Provided training for enhancement of skills in scientific measurement and an understanding of analytical field studies and technical report writing.
Preliminary familiarity with data-gathering techniques and correct sampling methods to enable tribal personnel to accurately perform water quality studies.
Computerization of data generated on water resources and water quality for the member Tribes along with the ability to integrate significant data into relevant area research collections with federal, state, tribal and local agencies.
Training planning for Tribes to develop skills in locating and identifying pollution sources, dispersal patterns, logging operations, industrial, and agricultural dumping as well as point and non-point sources.

1997

Resolution 97-03 requested an amendment to the Water Resource Development Act of 1997 to include Missouri River Basin Tribes in the planning process.

1998

Conducted a tribal water resources meeting in Mayetta, Kansas, in March.
Participated in water resources forum in Rapid City, South Dakota, in April.
Resolution 98-11 was passed to support and assist the watercourse program, which includes Project Wet (water education for teachers) in the development of scientifically accurate, educationally sound, and culturally appropriate teaching materials and curricula for elementary and secondary educators and students in the northern plains region entitled Native Waters.
Resolution 98-12 was passed requesting the Bureau of Indian Affairs collaborate with the Mni Sose Intertribal Water Rights Coalition in the development of an assessment statement for tribal lands in the Missouri River basin to be incorporated in the clean water action plan submitted to the U.S. Department of Agriculture and U.S. Environmental Protection Agency
Resolution 98-13 was passed to submit a non-point source pollution assessment statement to the appropriate federal agencies for inclusion in the clean water action plan
Presented the U.S. Bureau of Reclamation with a proposal to establish a water resource management center.

1999

Resolution 99-03 was passed requesting the U.S. Bureau of Reclamation to enter a cooperative agreement with the Mni Sose Intertribal Water Rights Coalition to establish a water resource management center.
Met with Bureau of Reclamation Commissioner to discuss the proposed water resource management center.
Began negotiations with Bureau of Reclamation/Great Plains Region to enter into a cooperative agreement with Mni Sose to establish a water resource management center.

2000

Signed a Memorandum of Agreement with the Bureau of Reclamation to assist the Missouri River Basin Tribes in securing the physical, economic, technical, and administrative capabilities to effectively manage tribal water resources.
Participated in a Bureau of Reclamation-sponsored consultation meeting, which provided the Tribes with a review of Reclamations proposed Indian Small Water Projects Act.
Facilitated Tribal Needs Assessment meetings with the Bureau of Reclamation and the U.S. Geological Survey.
Co-hosted a Rural Water Systems Conference and Tour.
Facilitated interagency Kickapoo Tribal Drought Planning meetings.
Presented testimony at the National Drought Policy Commission hearing on the effects of drought conditions on the Missouri River Basin Tribes.
Co-hosted the Great Plains Drought Management Workshop, which provided drought planning and mitigation training to Tribes.
Passed Resolution 00-08, which requests assistance from the U.S. Bureau of Reclamation for tribal drought planning and response training for Northern Plains Tribes.
Passed Resolution 00-14, which supports FEMAs formation of a six-state tribal coordinating council to assist in emergency management on tribal lands.
Passed Resolution 00-13, which requests the Bureau of Reclamation provide financial and technical assistance in drought planning and mitigation for Missouri River Basin Tribes.

2001

On April 5, 2001, Mni Sose met with the Army Corps of Engineers’ Tribal Liaison to gather information on the Army Corps’ Tribal Partnership Program, which authorizes study funds for water resource development projects.
On May 11, 2001, Mni Sose participated in a streamgaging workshop, hosted by the Interstate Council on Water Policy and USGS. The purpose of the workshop was to learn about USGS’ proposed National Streamflow Information Program (NSIP). Based upon the information provided at the workshop indicating the maps of current monitoring stations lack stations on tribal streams, Mni Sose’s President wrote a letter to the USGS requesting that USGS streamgaging on Indian lands become an integral element of the national streamgaging process.
The Coalition maintains a water resource reference library and communications network, which is accessible by tribal staff members.
The Coalition continues to develop a databank for each Tribe, which contains formation documents, governing structures, founding documents, and other pertinent information on each Tribe.

2002

At the Mni Sose Coalition’s Board of Directors’ meeting on January 8-10, 2002, Jeffery Loman gave a presentation on incorporating water rights in the finalized Master Water Control Manual for the Missouri River;
At the Mni Sose Coalition’s Board of Directors’ meeting on April 24 and 25, 2002, Bill Yellowtail, former EPA Region 8 Administrator, provided a water rights presentation to the delegates;
Mni Sose’s Vice President attended the William Veeder Water Rights Conference on July 17 and 18, 2002, in Billings, Montana;
At the Mni Sose Coalition’s Board of Directors’ meeting on August 14 and 15, 2002, the delegates passed Resolution #02-17, which requests the Army Corps of Engineers collaborate with the Missouri River Basin Tribes in the development of cultural resources agreements for the Army Corps and tribal lands;
At the Mni Sose Coalition’s Board of Directors meeting on August 14 and 15, 2002, the delegates passed Resolution #02-18, which requests the Army Corps of Engineers create a tribal liaison for the Omaha Division; and
The Coalition assisted the BIA in coordinating the Great Plains Tribal Water Rights Conference II on August 27 and 28, 2002, in Pierre, South Dakota.

2003

Mni Sose disseminated information on South Dakota’s March 18-20, 2003, Department of Environment and Natural Resources Conference.

LEGISLATION AFFECTING MISSOURI RIVER BASIN TRIBES

1993

Resolution 93-05 supported Indian Dams Safety Act (H.R. 14226) as amended to remove the statutory prohibition in Section 3(d) pertaining to the enlargement of existing dams to increase water conservation storage capacity or develop other benefits beyond those provided by the original dams and reservoirs.

1994

Resolution 94-06 supported exempting Indian Tribes for cost-share match required by the Water Resource Development Act of 1994, Section 22, Planning Assistance to States.
Resolution 94-11 requested an amendment of the Water Resource Development Act of 1994 to include the Missouri River Basin Tribes in the Water Resource Development in the Missouri River Basin.
Prepared and submitted testimony to the House Subcommittee and the Senate Committee on section 22 of the Water Resource Development Act.
Contacted Congresswoman Elizabeth Furze's staff regarding HR 4289. Water Ways Restoration act of 1994, to provide increased participation by Indian Tribes in soil conservation service water projects.

1995

Resolution 95-05 retained a legislative representative in Washington, DC to assist the Coalition in monitoring and communicating with congressional offices and federal agencies in 1995.
Resolution 95-07 supported participating in the organization and presentation of a national summit on tribal natural resources.
Resolution 95-10 requested Secretary of the Interior to suspend the implementation of the proposed regulations for the Native American Graves Protection and Repatriation Act and to conduct full consultation with Native American Tribes.

1996

Due in part to efforts by Mni Sose, the House of Representatives deleted an amendment to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that would have crippled tribal authority to administer FIFRA programs.
With assistance from Ducheneaux, Taylor and Associates of Washington, DC, a constant pulse was maintained on the impending legislative activities that could effect the member Tribes.

1997

With assistance from Ducheneaux, Taylor and Associates of Washington, DC, a constant pulse was maintained on the impending legislative activities that could effect the member Tribes.
Executive Director, Richard Bad Moccasin, presented testimony at the Office of Special Trustee/Trust Funds Management hearing on the Special Trustee's Strategic Plan.

1998

Reviewed Montana v. EPA, involving the Salish and Kootenai Tribes of the Flathead Reservation, the U.S. Supreme Court refused to review the earlier decision of the Ninth Circuit Court of Appeals, which had upheld the Salish and Kootenai Tribes jurisdiction under the Montana test. The Montana test holds, in general terms, that a Tribe retains inherent sovereignty to regulate the behavior of nonmembers on reservation fee lands if one of four key tribal interests are at stake: politics, economics, health and welfare. The Tribes had demonstrated that nonmember water pollution from fee lands could and did have serious and substantial negative effects on tribal health and welfare
Reviewed the second Montana v. EPA case which involved the water quality standards program application of the Assiniboine and Sioux Tribes of the Fort Peck Reservation. In the case, the federal District Court of Montana held that the Fort Peck Tribes had also demonstrated civil regulatory jurisdiction over nonmember fee lands under the Montana test. In this case, the court held that it was sufficient under the Montana test to show potential harm and that it was not necessary to show actual harm. EPAs position on this question has always been that a government should reasonably be allowed to regulate potentially harmful behavior, and not be expected to wait until after the harm actually occurs, when it may be to late.
With assistance from Ducheneaux, Taylor and Associates of Washington, D. C., a constant pulse was maintained on the impending legislative activities that could effect the member Tribes.

1999-2000

Followed the impacts of the major American Indian Provisions in the Comprehensive Electricity Competition Act.
Following the tribal support of Title XXVI of the Energy Policy Act of 1992.
With assistance from Ducheneaux, Taylor and Associates of Washington, D. C., a constant pulse was maintained on the impending legislative activities that could effect the member Tribes.

2001

During FY 2001, the Mni Sose Coalition proposed the authorization of the Indian Small Water Projects Act of 2001 on behalf of the member Tribes, particularly, the Kickapoo Tribe in Kansas, the Northern Arapaho Tribe, the Sac & Fox Nation of Missouri, and the Sisseton-Wahpeton Sioux Tribe. The intent of the Act is to provide funding for tribal water resource development and management on an annual basis for those projects with costs below $25 million dollars. Under the present system, individual tribal projects must receive Congressional review and approval before authorization for the next remediation step is taken by the Bureau of Reclamation. The current process has resulted in the delay of tribal water resource projects.

Ø On April 19, 2001, Mni Sose held an intertribal Water Resource Planning meeting to discuss the ramifications of the Indian Small Water Projects Act and the steps that should be followed for passage of the Act.

Ø Based upon the request of the Mni Sose Coalition, at its May 13-16, 2001, Mid-Year Session, the National Congress of American Indians’ passed Resolution #LDY-01-005, a resolution for Congressional support and approval of the Indian Small Water Projects Act to be administered by the Bureau of Reclamation for water projects on tribal lands with total costs below $25 million dollars.

Ø In June 2001, Mni Sose researched current proposed legislation and determined that Rep. Ken Calvert’s HR 1985 amendment to the Small Reclamation Act of 1956 was the most appropriate legislation in which to include the Indian Small Water Project Act language.

At the Mni Sose Coalition’s May 3, 2001, Board/Legislative Update meeting, the delegates were provided information on the following issues: Indian Small Water Projects Act, Comprehensive Indian Energy Bill, Dakota Resources Development Act/Red River Valley Water Supply Studies, Integrated Resource Planning, and the Water Resources Development Act/Tribal Partnership Program-Section 203.
At the Mni Sose Coalition’s September 5 and 6, 2001, 2001, Board of Directors’ meeting, the delegates were provided information on the following issues: BIA vs. Klamath Falls, Atkinson vs. Shirley, Nevada vs. Hicks, BIA Great Plains Water Rights Conference follow up, Integrated Resource Planning, and Streamgaging.
The Mni Sose Intertribal Water Rights Coalition provided support services to the Environmental Protection Agency’s Regional Operations Committees (ROC) for Regions 7 and 8.

2002-06

Expanded and maintained a website with increased access to water rights and water resource information
Maintain a technical library of environmental training material, pending legislation, technical reports, and natural resource information.

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