EPA overrides Congress, hands over town to Indian tribes

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Have you heard the story of the residents of Riverton, Wyo.? One day they were Wyomingans, the next they were members of the Wind River tribes — after the Environmental Protection Agency declared the town part of the Wind River Indian Reservation, undoing a 1905 law passed by Congress and angering state officials. The surprise decision was made by officials of the EPA, the Department of Interior, and Department of Justice early last month, and has invoked the ire of Gov. Matt Mead, who has vowed not to honor the agency’s decision and is preparing to fight in court. “My deep concern is about an administrative agency of the federal government altering a state’s boundary and going against over 100 years of history and law,” Mead said in a statement. “This should be a concern to all citizens because, if the EPA can unilaterally take land away from a state, where will it stop?”
The EPA declared that Riverton was part of the Wind River Indian Reservation after granting a “Treatment as a State” application from the Northern Arapaho and Eastern Shoshone tribes. The tribes submit such applications to get funding for air quality monitoring under the Clean Air Act. However, this seemingly innocuous application ended up undoing the tribal boundaries set by a 1905 congressional act. The EPA granted the tribes’ claim that the Wind River reservation extended over one million acres of land beyond what the 1905 Congressional Act established. By doing this, the agency effectively overruled an act of Congress, state officials charge. The worry by state officials is that turning Riverton, a town of over 10,000 people, over to the tribes will come with a slew of tax and law enforcement complications. Since Riverton is now part of the Wind River reservation, it is technically no longer eligible for state services and no longer falls under local law enforcement. Mead, however, has ordered that state agencies conduct “business as usual” in regards to Riverton, meaning state services, law enforcement and regulations will continue. “This is an alarming action when you have a federal agency step in and start to undo congressional acts that has really been our history for 108 years … with the stroke of a pen without talking to the biggest groups impacted,” state Sen. Leland Christensen told The Daily Caller News Foundation, “and that would be the city of Riverton and the state of Wyoming.” According to the Mead’s office, the EPA’s decision came as a surprise to him, and he only found about it from the media — not the EPA itself. This comes after Mead wrote to EPA administrator Gina McCarthy last August detailing his concerns about the implications of granting the tribes’ request to effectively override the 1905 act. More

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