07/17/2006

Associated Press

Several members of the Nez Perce tribe staged a protest this weekend against power companies they accuse of placing utility lines on their ancestral lands without permission or payment.

"For years now, major utility companies have been using, without our consent or any payment to us, our reservation lands that our forefathers fought and died for," Joanna Marek of Lapwai told the Lewiston Tribune as she stood before an electrical substation owned by Avista Utilities, based in Spokane, Wash.

Marek and several other landowners said Avista and other companies have strung utility lines across their allotments without proper leases or right of way agreements. Now, they are demanding compensation.

"We want Avista to come to the table," said Marilyn Peters of Kooskia.

Donald Malisani, manager of Avista's real estate department in Spokane, said his company did an exhaustive search to identify permits that were expiring. He said the company has begun negotiating to renew those permits through the Bureau of Indian Affairs.

The process is complex because of the number of agencies, landowners, family members and the federal government involvement, said Jessie Wuerst, an Avista spokeswoman.

"We want to keep the dialogue open, and we want to continue negotiations with all parties," she said.

Marci Bailey of Kamiah chided the BIA for not stepping in years ago to support landowners.

"I've sat in those BIA offices, and we've called Washington, D.C.," Bailey said. "We've been danced around for three years, and we haven't gotten any solid answers from anyone."

Daniel Picard, superintendent of the Northern Idaho Agency of the BIA, said the landowners are negotiating directly with Avista.

"The BIA hasn't been involved," Picard said. "We can be, but we haven't been asked to. It has primarily been individuals and that's their right, because it's their property."

Picard said once the negotiations are complete, the BIA will review any agreements.

Tribal members said they are becoming increasingly frustrated by the conflicting responses from assorted agencies and companies.

"We've been treated like a bunch of dumb, money-hungry Indians and that's not what this is about," Bailey said. "We're human beings and we deserve to be treated like other common citizens."

Marek, who owns an allotment on the north bank of the Clearwater River, said she has sued Avista Utilities and Clearwater Power.

Bailey said she has filed a lawsuit against Denver-based Qwest Communications International and Cebridge Connections of St. Louis in Nez Perce tribal court, alleging the companies have illegally piggybacked on Avista poles.

Their attorney, Thomas H. Nelson of Portland, Ore., attended Saturday's gathering of about 12 tribal members. The cases will be heard in tribal court because a federal court ruled it did not have jurisdiction, Nelson said.

"We think that the cases pending will be landmarks that will vindicate once and for all the rights of Indians to the exclusive possession of their own lands," he said in a news release handed out at the gathering.