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39 NARF Legal Rev. 1 (2014)

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Environmental Protection Agency Rules in Favor of

          Shoshone and Northern Arapaho Tribes


  Disputes about the boundaries of an Indian
reservation are neither uncommon nor unimpor-
tant. They arise from the foundations of the agree-
ments between the United States and the Tribes
involved, most often solemn treaties. All too often
they arise from the violation of those treaties by,
and unkept promises from, the United States. That
history marks the relations between the United
States and Eastern Shoshone Tribe where on this
occasion the United States is actually acting to
protect the interests of the Tribe in the defense of
the Tribe's Reservation boundaries.

  The most recent controversy arises out of efforts
of the Eastern Shoshone and Northern Arapaho
Tribes, who jointly share the Wind River
Reservation in Wyoming, to secure delegation of
certain non-regulatory programs from the United
States Environmental Protection Agency (EPA)
under the Clean Air Act (CAA). One of those pro-
grams requires that EPA identify where the bound-
ary of the Reservation is located. Having done so
consistent with the Tribes' description of the
boundary has triggered significant opposition
from the State of Wyoming, the City of Riverton,
Fremont County, and some private parties.


The history leading up to the controversy
  The Eastern   Shoshone Tribe settled  the
Shoshone Reservation in Wyoming in 1868 when
the Tribe, with the United States, entered into the
Treaty of July 3, 1868. That treaty set apart
3,054,182 acres for the absolute and undisturbed
use and occupation of the Shoshone Indians..., and
for such other friendly tribes or individual Indians
as from time to time they may be willing, with the
consent of the United States, to admit amongst


WINTERISPRING 2014


VOLUME 3P, LO. 1