Capitol Reflections: Wolf MOU Happenings and the Nez Perce Tribe

 

 

February 9, 2004

 

By Skip Brandt, Idaho Senator

 

SBrandt@senate.state.id.us

 

Issue 4

 

Wolf MOU Happenings

 

Last week, Capitol Reflections reported on the Wolf MOU [Memorandum Of Understanding] between the Governor and the Nez Perce Tribe.

 

Rep. Bert Stevenson (R-Rupert), Chairman of the House Resource Committee held a hearing Tuesday but no one was allowed to testify.

 

Instead, Jim Caswell, Administrator from Office of Species Conservation (OSC), explained his office has worked on the MOU with the Nez Perce Tribe for two years.

 

Mr. Caswell fielded many questions from committee members, and after an hour and a half, many more questions were left unanswered. 

 

Legislators let Mr. Caswell know they should have, at the minimum, been briefed during the two years that this MOU was being written.

 

They made it very clear it was not their intent to involve the Tribe to such a degree the MOU allows, when they passed the state wolf management plan and revised the law giving IDFG authority to manage wolves.

 

In fact, members stated they feel betrayed, cut out of the process, and frustrated over the lack of Legislative oversight in the MOU.

 

Rep. Lenore Barrett (R-Challis) attempted to place a motion on the table, but the Chairman abruptly adjourned the meeting without recognizing this committee member.

 

The result was a flying pencil, dispute over procedure, and hard feelings. 

 

Mr. Caswell next appeared before a group of county commissioners and citizens to discuss the MOU and hear their frustrations.

 

County commissioners are upset with the lack of notice and no cooperation, coordination, or consultation during the development of the MOU. 

 

Through the MOU, counties who will be forced to deal with the Tribe include Adams, Valley, Latah, Idaho, Nez Perce, Clearwater, and Lewis.

 

From the map provided, Benewah County may be included as well.

 

There is strong disagreement between various lawyers as to what the MOU does and does not do, and if Idaho can cancel it.

 

The writers of the MOU may know their intent, but when it is not clearly spelled out, it leaves the interpretation to a judge.

 

We have all seen how a law with noble intentions, like the ESA [Endangered Species Act], has caused great harm to landowners, natural resource industries, economies, and families through court interpretations and by bureaucratic judgment calls.

 

MOUs with possible far-reaching consequences, should never be done quietly [i.e., secretly].

 

The same public spotlight, with open debate, which shines on laws during their development, must be required of MOUs between the Governor and a foreign nation, or for that fact, between the governor or state agencies and a federal agency.

 

MOUs have the ability to affect the citizens of Idaho in the same manner as a law.

 

However, with an MOU, [citizens have] little recourse.

 

The Legislature is not required to be involved in the development of MOUs, cannot vote on whether to approve or reject, and has no oversight authority to be certain things are on track.

 

All the power rests solely in the hands of the Governor.

 

If things go bad, the only recourse is through the Governor.

 

It does not matter who is sitting in the Governor's chair -- Republican or Democrat, liberal or conservative -- an enormous amount of power has been transferred from the legislative branch to the executive branch.

 

We are continuing to monitor this situation and will keep our members informed.