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Cheyenne River Sioux Tribe Blocking US 212; BIA and Gov. Noem Unhappy

The Cheyenne River Sioux Tribe has been stopping traffic on highways entering its reservation all month, hoping to check the spread of coronavirus. The checkpoints may be working: the state’s coronavirus map shows zero cases in Dewey and Ziebach counties.

But there’s some disagreement at the top about whether the tribe can block traffic on U.S. Highway 212. The Bureau of Indian Affairs tells tribal chairman Harold Frazier he needs the white woman’s permission to block that road:

I note that the State of South Dakota (“State”) owns US 212 and CRST cannot legally close or restrict travel on US 212 without first consulting with the State as detailed in my memorandum. If the State has not been consulted and has not agreed to the close of US 212, CRST should immediately reopen the highway for motorists and take the necessary steps to come into compliance with Federal Law. To not do so could have some serious consequences [Darryl LaCounte, Director, Bureau of Indian Affairs, letter to CRST Chairman Harold Frazier, 2020.04.24, posted by Bob Mercer, KELO-TV, 2020.04.26].

Chairman Frazier says he has consulted with Governor Kristi Noem. He also disputes the notion that the state owns US 212:

To the best of my knowledge the Cheyenne River Sioux Tribe has never agreed to grant the State a right-of-way across our land. I note that it is still OUR land within OUR reservation. We have the right and the obligation as the governing body of the Cheyenne River Sioux reservation to protect and take public health precautions in light of this COVID-19 global pandemic [Chairman Frazier, response to Director LaCounte, 2020.04.26, in Mercer, 2020.04.26].

Governor Noem disputes Chairman Frazier’s disputation:

“We’re working with the (U.S.) Department of the Interior, the BIA and the (U.S.) Department of Justice on the issue. It’s not accurate to say that Cheyenne River consulted with the State of South Dakota before they set up these checkpoints. That simply was not true,” she told reporters.

“It did indicate in that letter that they should be working with us… We stand there ready to have conversations, but that is not something the tribe has engaged in. We’re sending a letter back clarifying some of that misinformation and making sure that they know we’re willing to be a part of the solution” [Bob Mercer, “S.D. Governor Disputes Information in Cheyenne River Sioux Chairman’s Letter,” KELO-TV, 2020.04.27].

US 212 is a beautiful drive, but hey, if Chairman Frazier doesn’t want us white folks bringing more plague to tribal communities, I say let’s not fight with him. Take US 12, take 34 and 14… or better yet, just stay home and wait for the coronavirus to pass.

25 Comments

  1. mike from iowa

    Feel the love. You just know some infected drumpfophile is waiting for the opportunity to drive through the Rez and spread drumpf’s disdain for people of color and the accolades from drumpf, sure to bestowed upon him or her.

  2. Nix

    What part of Sovereign Nation doesn’t
    the Dope Queen of Delusion understand?

  3. jerry

    There are designations on the highways of what is federal and what is state. That shield on US Highway 212 indicates a federal highway, therefore Chairman Frazier is correct in his authority. Native people suffered through plenty of smallpox and other deadly virus brought to them by the white man. If a simple check can help to stem the tide of this deadly plague, go for it. Since when has NOem given a damn about Natives? The Oglala told her she was not welcome on their lands for her neglect, so the CRST taking matters into their own hands, is frankly, welcome. As she won’t protect all of the citizens of South Dakota, then she can go pound sand and send eye kisses to botox Jared. NOem should simply put on her pout makeup and STFU.

  4. Donald Pay

    Many of us have been restricted in travel by state or local action on federal highways and some state and local highways. It happens almost every winter in the states that have blizzards. It’s a reasonable safety measure that Governors, Mayors or tribal officials take to save lives and reduce risks to emergency personnel. It also happens during road construction every summer. These are reasonable uses of power used to restrict travel that we rarely question anymore.

    In the case of COVID-19 I don’t question that this seems to be a reasonable use of those sovereign powers that tribes have. Restricting travel has been a strategy that other leaders, including President Trump, have used. Yeah, it’s probably inconvenient for some folks, but there are alternate routes to almost everywhere.

  5. jerry

    Argentina has grounded all flights until September, but they have been ahead of most with their due diligence to their people.

    “Argentina has banned all internal and international commercial flights until 1 September because of the deadly coronavirus outbreak.

    The authorities said airlines should not be allowed to sell tickets for flights that may not go ahead in the next four months.

    Aviation industry groups said thousands of people could lose their jobs.

    Argentina closed its borders to non-residents in March, imposing tough quarantine measures.

    The country currently has nearly 4,000 confirmed infections, with 192 deaths, according to figures from Johns Hopkins University.” https://www.bbc.com/news/world-latin-america-52450654

    Rules work to stop the spread and testing citizens (unheard of here) works as well. NOem just lies like the rest of the lemming cult.

  6. Bob Newland

    Regarding US18 through Pine Ridge: At the roadblocks, drivers are asked if they intend to stop on the rez. If the answer is “no,” they are waved through, with the admonition that if they do stop, they could be subject to a citation.

    I assume that, if the driver says (s)he has to stop for some reason, the people at the block will make a phone call to see if the driver can mingle with rez residents.

  7. El Jefe

    A Tribe blocking the highway in defense of their health and welfare?

    Outrageous!!

    At the risk of being labeled a “riot booster” I’ll go out on a limb here and say “I support the tribes on this one.”

  8. Just to clear up any misunderstanding here. The US on those signs does not mean United States; it stands for Unified System – the method of numbering the highways within the country. It has nothing to do with “ownership.” http://www.gbcnet.com/ushighways/history.html.
    You know, E-W even, N-S odd. Interstates – low numbers in south and west, high in North and East. Other “main” highways just the opposite.
    Good for the CRST and Pine Ridge for protecting their citizens. Too bad kristi can’t see a way to help us.
    PS — don’t drink or inject bleach.

  9. jerry

    “The United States Numbered Highway System is an integrated network of roads and highways numbered within a nationwide grid in the contiguous United States. As the designation and numbering of these highways were coordinated among the states, they are sometimes called Federal Highways, but the roadways were built and have always been maintained by state or local governments since their initial designation in 1926.”

    Accordingly, US 18 and US 212 have short ownership by the state of South Dakota https://en.wikipedia.org/wiki/List_of_U.S._Highways_in_South_Dakota

  10. grudznick

    What grudznick fears, since we know through and #4Science we cannot stop the virus beasts, that if this tribe or any of the reservations keeps the covids out, almost entirely, when the rest of the world opens back up and their people eventually leave they will be smitten hard. Super hard. You cannot keep the covids off the rez forever, so we need to figure out how to re-integrate with the world or there might as well be a big moat around the whole place and nobody can ever leave.

    As to the roads, nobody else needs to be driving those so just let them keep them blocked. grudznick approves of that.

  11. jerry

    China, South Korea, Taiwan and New Zealand prove that you can keep the virus controlled by shutting down the country. Now to keep the Americans out of those country’s will be the challenge.

  12. grudznick

    The covids will crawl all over the world eventually.

  13. T

    A teacher was told they must get work papers to drive into their classroom if they want to go in and get something. Like a permission slip, anything else in private vehicle you will be turned away politely.
    Semis we are stopped and asked questions but eventually carry on with business. Have been even waved on thru now that hauls are familiar. It’s really not that big of deal, and they are just trying to protect their vulnerable ages populations and themselves. Their are a lot of out of state cars traveling if you believe it or not coming from hot areas and cars from Sioux Falls area traveling west from what I was told.

  14. Donald Pay

    Grudz, Let’s use our 4Science skills. We are going through work closures, distancing, wearing masks and washing our hands more often in order to flatten the curve. We are doing this for a number of reasons. First, we don’t want to overload the medical system, and cause more deaths as result of people not getting adequate care. Second, we want to save as many of the vulnerable, especially, from the disease until there is a vaccine that will impart immunity. If there was no hope for a vaccine, you are right. Nearly, everyone will likely get this, and a percentage of those will die. It would be like when Europeans brought the largely animal-derived diseases over to infect Native Americans, who had been isolated from such diseases by physical distance.

    Reducing travel is a way to physically distance, buy time for a vaccine and, hopefully, reduce the infections and deaths in the meantime.

    It’s science.

  15. Debbo

    Good on the CRST. I’m sure the irony of historic deliberate small pox infestations overlaid with her current claim that Kruel Kristi will work with the CRST is entirely lost on KK and the SDGOP.

  16. Korey Jackson

    Was, or was not, the CRST reimbursed in accordance with US law for the right of way when US212 was built in the mid-1920s?

    Who now “owns” the US Highways across South Dakota’s Indian Country, and who has primary law enforcement jurisdictional authority (and associated responsibilities and liabilities)?

    Cory, doesn’t US12 cross the Standing Rock Reservation, and travel there subject to similar questions?

  17. Richard Schriever

    Technically – the state OWNS every square inch within its boundaries. There is no such thing as “private property” in so far as real estate (the ground beneath your feet) goes.

    For those of you who believe you “own” your land – what you really own is a “title” – a document that is essentially a transferrable perpetual LEASE from the state. That title “entitles” you (it’s an entitlement) to occupy and use the land so long as you meet certain conditions, such as don’t break any of the landlord’s (states) rules/laws as part of your use, and pay the “rent fee” (property taxes). There are some EXCEPTIONS to the state’s ownership (Sovereign title) of the land. Those include FEDERALLY held lands, including the lands held in trust for the tribes (reservations).

    As a demonstration of the reality of this, ask yourself; :Can a SD state law enforcement official serve warrants and/or perform other legal duties on reservation lands? Why not? because the state is NOT the “landlord” on those lands. The State’s rules/laws are not the rules/laws there. The state does not “own” or hold sovereign title to those lands.

    I find it interesting that the head of the “(U.S.) Department of the Interior, the BIA and the (U.S.) Department of Justice” don’t seem capable of educating the head of the BIA OR our Governess about how this all works. Or if they have attempted to do so, these two just stubbornly refuse to accept reality unless it’s on TV?

  18. mike from iowa

    Speaking of US 18…. tale of caution to all- On US 18 west of Everly, iowa a Toyota crossed the center line and struck a 2019 Peterbilt head on with expected fatality. The “Pete” was driven by my youngest Grandgirlie’s ex-step father. Be careful out there. even you, Grudzilla.

    My apologies for the OT.

  19. jerry

    Well said Mr. Schriever! Be careful over there on the roads you work on.

  20. grudznick

    Mr. Pay, all I am saying is the reservations can build a wall around themselves if they want, or go into lockdown and squeeze off what external commerce they have entirely, but when the fun stuff starts happening in Rapid City this summer I just bet you a gravy laden breakfast there will be some young fellows from the Piney Ridge who will come to town and have a good time and then go back to the reservation. And then, all manner of morbid covidity will bust loose.

  21. jerry

    First Covid in Cheyenne River. Thanks to the checkpoints, the tribe has now isolated this individual. Meanwhile, NOem makes everyone go back to work with no protection and no plan and says to hell with you, just die already.

    “The tribe reports the patient, whose age and gender were not disclosed, was infected while in Pierre, according to tribal Chairman Harold Frazier. Contact tracing was completed by the tribe’s Command Center.

    “We would never have known where this case originated had it not been for our Command Center and our checkpoints,” Frazier said.”

  22. T

    That’s good news Jerry did not hear this
    Traffic was a bit busier than use to yesterday
    Comment was made some were just looking to see what check point was like
    Holds us legit transporters up if this is true

  23. You know, Jerry, I’ve never liked checkpoints, not for drunk drivers or any other reason. I don’t like the police state. But this pandemic is different, and the tribe’s response is not overreach. They’ve just given a solid example of how the checkpoints can help gather vital information about the spread of the disease and protect the public.

    Note also that Chairman Frazier said, “Avoid these hot spots,” meaning Pierre. This after Governor Noem has pushed back on his more active efforts to protect public health.

  24. T

    Well if you have a weird sense of humor about the ordeal, I laugh because it’s sometimes official vehicles sometimes just an old van with like your buddies stopping you asking questions. But the concern is real and not funny. Good people
    Just trying to stop the virus. Had to stop at gas station quick like as your suppose to drive on thru when hauling, and noticed no one, patrons and such were wearing masks. Attendants wore gloves and masks but people walking around were not. I thought it was mandatory could be mistaken.

  25. jerry

    Great link for the West River Eagle article. Quote from the Chairman of the Cheyenne River Sioux Tribe. I want that guy as a United States Senator to represent all of South Dakota or better yet, Governor.

    ““Can you please provide me with proof that they [the State] own the highway? To the best of my knowledge the Cheyenne River Sioux Tribe has never agreed to grant the State a right-of-way across our land. I note that it is still our land within our reservation. We have the right and the obligation as the governing body of the Cheyenne River Sioux Reservation to protect and take public health precautions in light of this COVID-19 global pandemic. We are protecting all residents of our reservation from this highly contagious virus, because it is color blind in its death march,” said the chairman.”

    The Tribe has the receipts that it was in prior contact with NOem and with South Dakota State DOT on setting up the roadblocks, why they were setting up the roadblocks, signage and proper lighting and appropriate safety distancing markings to the checkpoints for the safety of both travelers and the reservation. Pretty well thought out plan with Native and non native residents across the entire reservation.

    The key word here is plan something NOem is in short supply of. Petty, pity NOem then appears to be caught in another lie. Who’s surprised?

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