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Summary of Recent Events
In
2003, in violation of the Refuge Administration Act, top level
Department of Interior (DOI) appointees, allowed the Confederated Salish
and Kootenai Tribal government (CSKT) to bypass the US Fish and
Wildlife Service's authority to negotiate with the CSKT for some responsibilities the National Bison Range.
Instead, DOI appointees took over negotiations from FWS and in a politically expedient decision, promised the CSKT that they could have complete operational management of the Bison Range. This action was illegal, arbitrary and capricious.
In 2004, the DOI appointees and some FWS Regional to top level management declared "open season" on Federal employees at the Bison Range, targeted specific people for removal and replaced them with less experienced tribal contractors.
From 2004 to 2006, the CSKT and DOI officials carried out their joint strategy to outsource Inherently Federal positions, using heavy-handed tactics and unethical political maneuvering to achieve their goals.
The FWS positions that the CSKT took were not open and unfilled positions. They were already filled with qualified FWS professionals, who were displaced and in some cases, forced to move out of state. These changes were made abruptly and without consideration of the negative impact this would have on the National Wildlife Refuge System, the Federal Bison Range employees and their families. Once the CSKT government got their political "foot in the door", they went after every Federal employee's position at the Bison Range. Federal
Bison Range workers were repeatedly politically targeted and harassed
by the CSKT and pressured to accept "go away offers" by the FWS &
DOI.
Most employees had no choice but to leave their positions. These FWS employees had to give up their homes, farms and ranches. Some left behind members of their extended family and friends.
Ultimately, these FWS
employees lost their way of life and had to start their lives over.
This
displacement through forced attrition was part of the joint DOI and
CSKT strategy. The CSKT thought it would give them a "clean sweep", but
they failed to realize that the FWS budget went with each position that
the Bison Range lost due to employee transfers. The Bison Range budget
was reduced, leaving only a handful of Federal employees at the
Bison Range and no further positions available to the CSKT.
In September 2006, a group of Bison Range federal employees filed a legal grievance, citing intolerable working conditions.
These include: being subjected to hostility, harassment, intimidation
and a public campaign of false statements made by the CSKT against the
federal employees. In addition, unsafe conditions were allowed to exist without resolution.
Almost immediately, in
response to the filing of the legal grievance, the DOI appointees
released the Bison Range employees Privacy Act protected information to
the CSKT Tribal government. More retaliation by the CSKT government ensued.
After
DOI's Lynn Scarlett repeatedly ignored FWS employee requests to
informally resolve valid and serious issues at the Bison Range, the
workers filed a formal grievance and this too, was intentionally ignored
by the DOI.
Due to the blatant
disregard shown by the DOI appointees to the FWS employees at the
National Bison Range, the grievance went to the Office of Hearings and
Appeals.
The US Government settled the USFWS Bison Range employee's legal grievance, on its merits, in May 2007.
While
it was a victory for the Federal employees who endured so much
political targeting and abuse at the National Bison Range, the US Fish
and Wildlife Service could not guarantee these same employees a safe
work environment in the future, as DOI and the CSKT continued to press
forward with their joint political agenda for the National Bison Range.
USFWS employees deserve to live free from a politically toxic and hostile work environment created by DOI's top-down policies.
Congressman Dingell (D-MI) took a stand to support the US Fish and Wildlife Service and the National Bison Range.
SEE CONGRESSMAN DINGELL'S SUPPORT FOR THE BISON RANGE
On
December 29th, 2006, the Department of Interior attempted to reverse a
decision made by USFWS Director Dale Hall on December 11th, 2006, in
which Director Hall legally terminated an expired contract with the
Confederated Salish and Kootenai Tribes (CSKT) to perform work at the
National Bison Range.
The
USFWS Director Hall acted legally, in response to documented evidence
of the CSKT's failure to perform duties in their contract. He
also made the decision based upon one and one half years of blatant
harassment and intimidation by Tribal employees directed at USFWS
employees.
While
the CSKT denies it, and the DOI ignored it, there are witnesses to
these and other incidents, including a verbal tirade and assault done by
the CSKT Tribal Chairman to the now former NBR Manager, where the
Chairman called the NBR Manager a derogatory word for a "white person"
in the Salish language and repeatedly poked his finger into the NBR
Manager's chest.
The
CSKT government repeatedly slandered the USFWS staff in the local and national media, yet both the FWS and DOI stood by and did nothing to refute the deliberate misinformation being spread by CSKT and their supporters through
these media attacks.
TWO LAWS - CONFLICTING MANDATES
The
Refuge Administration Act of 1966 grants authority to the US Fish and
Wildlife Service to administer National Wildlife Refuges. By law, the DOI may only
administer these lands THROUGH the US Fish and Wildlife Service.
Instead, top level political appointees at the Department of Interior
created Federal legislation from their positions, acting "arbitrarily
and capriciously" and intentionally ignored the serious problems that
the DOI created at the National Bison Range by choosing to treat Federal
Indian Law as the ruling law in this issue, putting it ahead of the
Refuge Administration Act.
The
Indian Self Determination and Education Assistance Act legally grants
the right of Federally recognized, "Self Determination" Tribes who meet
certain requirements, to ask for negotiations to take work
responsibilities of non-BIA Federal agencies.
Federal
agencies, such as the US Fish and Wildlife Service, have the legal
right to determine which responsibilities are available for negotiation.
If something isn't available, it can't be contracted.
Also, if a tribe has a
contract with the US Fish and Wildlife Service and is in violation of
their contract, or the contract expires, the US Fish and Wildlife
Service can terminate the contract, as was done by FWS Director Dale
Hall.
Inherently federal jobs
and responsibilities are unavailable for contracting. Due to the fact
that what is "inherently federal" has yet to be decided in Federal
Court, the tribes and DOI are taking full advantage of it and pushing
forward their own agenda.
In
November 2007, H.R. 3994 was introduced by the tribes, which would have
turned over most public land management of the National Parks, Refuges
and BLM lands to tribes. The Bill did not pass.
See the links page for more ways to support our Federal lands and preserve them for future generations of Americans.
The NBR is owned by the
Federal government and the American public and it was the first land set
aside as a game preserve by Teddy Roosevelt, the Republican
conservationist President.
Act
now to protect America's "Last Best Places" and to support the Federal
employees at the National Bison Range who faithfully steward the lands
and uphold the US Fish and Wildlife Mission.
Contact Department of
Interior Secretary Ken Salazar at: Ken_Salazar@ios.doi.gov
Tell him to keep America's National Wildlife Refuges and National Parks, as
well as the jobs within them, inherently Federal.
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