Ojibwe tribal officials are upset by a decision this month from the state’s Department of Natural Resources to approve a septage disposal site on their reservation in northern Wisconsin.
“Our sovereignty is not negotiable and it is protected by the Treaty of 1854,” Lac du Flambeau Ojibwe President John Johnson said in a statement. “The DNR’s disregard for our sovereign authority and its violation of this treaty is an affront to our people, our history and the rights that were established long before Wisconsin became a state.
“Our ancestors ceded millions of acres to the United States so that Wisconsin could become a state in exchange for our permanent homeland. Now, the DNR wants to contaminate what we have left after giving up millions of acres.”
The Lac du Flambeau Reservation in Vilas County is about 86,600 acres, about half of which is tribally owned.
The federal government had opened plots of land on tribal reservations for non-tribal ownership through the Allotment Act of 1887, a policy that was reversed through the Indian Reorganization Act of 1934.
Howard Bros. Inc., a non-tribal company, owns a plot of land within the Lac du Flambeau Reservation and had applied with the DNR to approve its plans for septage disposal on its property.
The situation started about two years ago when the tribe opposed the company’s application approval through the State of Wisconsin Division of Hearings and Appeals.
The tribe argued that the septage disposal would negatively impact a nearby recreational corridor and the Division initially sided with the tribe.
State officials told Howard Bros. that it needed to modify its plans to include increased setbacks for the corridor, which it did.
Tribal officials also argued that the septage disposal would negatively impact nearby endangered species.
But Adrian Stocks, director of the bureau of water quality for the DNR, said the department collaborated with U.S. Fish and Wildlife researchers and found that no endangered species would be threatened by the business.
He said the DNR had to approve the operation after the setbacks were made and the business was found to be in compliance.
“We’re bound by state statute,” Stocks said.
Tribal officials also allege the decision to approve the septage disposal was done without proper consultation with the tribe.
They allege that the DNR decision violates Gov. Evers’ Executive Order #18, which mandates state agencies consult with tribes on matters that impact their lands and members.
Stocks said the DNR did consult with the tribe and listened to its concerns verbally and written.
Tribal officials are concerned the contaminants from human septage can infiltrate groundwater, wetlands and ecosystem, and can endanger the water and soil of the community. They have vowed further legal action.
“The state’s disregard for both our sovereignty and its own policies will not go unchallenged,” Johnson said in a statement. “We are prepared to take all necessary legal steps to protect our land, our water and our treaty rights.”
Stocks said the DNR’s action to approve the business’ application after standards were met was governed by state law.
He said it is unfortunate that the dispute comes at a time when the DNR is seeking to strengthen its relationship with tribes in the state regarding water quality management as mandated by a new EPA rule.
The rule, which was finalized in May, requires state and federal governments to consider the rights of water-dependent tribal nations when setting pollution limits for waterways.
More: Ojibwe tribes from Wisconsin back EPA in lawsuit by 12 states over water rights
Stocks said the DNR has been working with tribes and the Great Lakes Indian Fish and Wildlife Commission to ensure that water quality standards are enough to protect wild rice, which is a culturally significant food for Ojibwe people.
That new EPA rule is currently being challenged by Republican attorneys general from a dozen states, including Iowa, South Dakota and Wyoming.
Many tribal governments, including Lac du Flambeau Ojibwe, have joined on the side of the EPA in the case to defend the rule in federal court.
Stocks said even though the rule is being challenged the DNR is still proceeding in working closely with the tribes and he’s optimistic that relationship can grow in protecting Wisconsin’s waters.
Frank Vaisvilas is a former Report for America corps member who covers Native American issues in Wisconsin based at the Milwaukee Journal Sentinel. Contact him at fvaisvilas@gannett.com or 815-260-2262. Follow him on Twitter at @vaisvilas_frank.