Multi-state, nation partnership addresses mining pollution
Eleven governments come together to take first steps to address Elk-Kootenai Watershed pollution
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News from Shane A. Morigeau, CSKT Tribal Attorney, Public Affairs Officer
The eleven governments of the new Governance Body—called for in the March 2024 IJC reference on the Elk-Kootenai/y Watershed—have each approved the Terms of Reference, setting the stage for meaningful action to reduce and mitigate mining pollution in the transboundary Watershed.
The transboundary Ktunaxa Nation is glad to report that all eleven governments constituting the Governance Body—called for in the March 2024 Elk-Kootenai/y Watershed Reference to the International Joint Commission (IJC) from the United States and Canada, in partnership with the Nation—have now approved its Terms of Reference and appointed members. With the Terms of Reference now in effect, the Governance Body can get to the important work of developing an action plan to reduce and mitigate the impacts of mining pollution in the Elk-Kootenai/y Watershed—waterways that are woven into the heart of Ktunaxa (Ktunaxa Territory) and are vital to the Ktunaxa (people).
“This is a positive first step to officially stand up the Governance Body,” said Donald Sam, Chief and Governance Body member for the First Nation. “It reinforces the collaborative intent of each of the parties. Collectively we can now begin the real work of addressing the serious pollution problem in the cross-border Elk-Kootenai watershed, which is the reason we established a Governance Body in the first place,” Sam continued.
The Governance Body is the first ever of its kind, resulting from the unprecedented multilateral reference to the International Joint Commission, developed by the six governments of the Ktunaxa Nation, the U.S., and Canada. The Governance Body consists of eleven governments—the United States, Canada, British Columbia, Montana, and Idaho, and the six Ktunaxa governments: St. Mary’s Lower Kootenay Band, Tobacco Plains Indian Band, the Confederated Salish and Kootenai Tribes (Ksanka Band), and Kootenai Tribe of Idaho. There are 18 governance body members from three delegations: six Ktunaxa Nation members (one from each Ktunaxa government), four members from the United States and one each from Montana and Idaho, and three members each from Canada and British Columbia. The objective of the Governance Body is to enable “timely actions that reduce and mitigate the impacts of water pollution in order to protect the people and species in the Kootenai/y watershed.” This objective will be achieved by fulfilling the functions of the Governance Body, including most significantly, developing an action plan to address the mining pollution in the watershed.
“We were glad to see, with the joint reference, that the U.S. and Canada were finally taking their commitments to Indigenous peoples, the environment, and the International Boundary Waters Treaty seriously,” said Gary Aitken, Jr., Vice Chairman and Governance Body member for the Kootenai Tribe of Idaho. “And now, we’re encouraged that all eleven governments on the Governance Body have been able to agree upon Terms of Reference. We are hopeful that all eleven governments will continue to cooperate and collaborate and get to the real work of healing the river,” stated Aitken, Jr.
The Kootenai Tribe of Idaho hosted the first Governance Body meeting in September in Bonners Ferry, Idaho, and included a tour to the Tribe’s fish hatcheries, which are working to restore burbot and Kootenai River white sturgeon. The Governance Body will have monthly virtual information sharing sessions, which started Nov. 14, and will meet again formally in 2025.
“For too long, federal and provincial governments have stood by while our waters suffered. We are encouraged that all eleven governments, and Canada and B.C. in particular, have agreed to change direction and come to the table,” said Tom McDonald, Vice Chairman and Governance Body member for the Confederated Salish and Kootenai Tribes. “We’re at the beginning of what will likely be a long process, one that will require sustained effort from all governments involved. We will continue to work tirelessly to restore our rivers and the fish and wildlife that depend upon them and hope the other governments will do so as well,” McDonald continued.
In March 2024, the United States and Canada, in partnership with the Ktunaxa Nation, sent a joint reference to the IJC, asking them to convene a Governance Body of Ktunaxa, US, Canada, BC and state governments to develop an action plan to reduce and mitigate the impacts of mining pollution in the Elk-Kootenai/y watershed. This action plan will be based on the reports and
recommendations from the IJC Study Board, which was also called for and established under the same joint reference request. The joint reference called for the eleven governments to establish a Governance Body and Terms of Reference by June 30, 2024. While the governments did draft and agree upon the Terms of Reference by the June deadline, the Terms of Reference only became effective after all eleven governments approved them, which only recently occurred when Canada became the final government to approve the Terms of Reference.
The road to the IJC Reference on the Elk-Kootenai watershed, and resultant Governance Body and IJC Study Board, has been a long one. Ktunaxa leadership have been urging Canada and the U.S. to address mining pollution in Ktunaxa homelands for over a decade. In March of last year, Prime
in partnership with Tribal Nations and Indigenous Peoples, in order to protect the people and species that depend on this vital river system.” Finally, a year after the commitment from the Prime Minister and President, the United States and Canada, in partnership with the Ktunaxa Nation, took an historic and important first step toward meeting the commitment, and submitted a joint reference to the IJC on mining pollution in the Elk-Kootenai/y Watershed.
“We are cautiously optimistic of the IJC process and will proceed with that caution. We will continue to attend meetings and participate,” Jason Louie, Chief and Governance Body member, said.
“We are thankful that the US and Canada—in partnership with the Ktunaxa Nation—are working toward meeting their commitment to reduce and mitigate the mining pollution in the Kootenai watershed. However, just as agreement on the joint reference and the Terms of Reference could not have been reached without deep involvement of the Ktunaxa Nation, future progress will also require Ktunaxa knowledge and inclusion,” said Jason Andrew, Councilor, and Governance Body member for St. Mary’s. “We hope that this is the beginning of a long and strong partnership between the Ktunaxa, US, Canada, British Columbia, Montana, and Idaho—one that will be necessary to ultimately address this serious issue,” Andrew continued.
“It is great to have International Governments working collectively with First Nation Governments of both Canada and the United States to ensure the healing of the waters begins,” said Heidi Gravelle, Chief and Governance Body member for Tobacco Plains Indian Band. “It is through this body that we are focusing not only on the issues that are polluting the water, but also putting western practices along with integral Ktunaxa practices to change the outcomes for the better. It is through collaboration, understanding, and commitment to healthy change, that we will heal our water for future generations and all living things,” Gravelle noted.
