In a move underscoring their sovereign rights, the Crow tribal government has recently reaffirmed its commitment to upholding the provisions outlined in the Fort Laramie Treaty of 1868. This assertion encompasses a range of critical issues, most notably the tribe’s right to off-reservation hunting and their claim to ownership and control of the Ok-A-Beh access road leading to the Bighorn Canyon National Recreation Area. The Crow Nation, deeply rooted in the lands of Montana, Wyoming, and South Dakota, is taking steps to ensure its historical agreements are honored in the 21st century.
On May 7th, during a special session strategically scheduled to coincide with the 145th anniversary of the signing of the landmark 1868 treaty, Crow Chairman Darrin Old Coyote introduced a series of five joint resolutions. These resolutions, subsequently approved by the Crow Legislature and signed into effect on May 14th, represent a comprehensive effort to address outstanding treaty matters. Chairman Old Coyote’s recent visit to the National Archives in Washington, D.C., where he personally examined both the 1868 Fort Laramie Treaty of 1868 and the earlier Fort Laramie Treaty of 1851, further emphasizes the tribe’s dedication to understanding and defending its treaty rights.
Beyond the critical issues of hunting and road access, the resolutions also address a spectrum of other treaty-related concerns. These include a call for a new survey of the exterior boundaries of the Crow Reservation, encompassing all islands of the Yellowstone River upstream of the 107th meridian. The Crow Nation is also moving to establish national days of commemoration for the three significant treaties that have shaped their relationship with the United States government. Furthermore, the resolutions assert the tribe’s comprehensive treaty rights and privileges, encompassing sovereign rights to land, water, air, and all other forms of tribal property located within the boundaries of the reservation.
The Crow Tribe Hunting Rights: A Legacy of the Fort Laramie Treaty of 1868
At the heart of the Crow Nation’s recent actions lies the firm assertion of their treaty-guaranteed right to hunt on unoccupied lands. The resolution specifically calls for the tribe to "exercise fully its treaty right to hunt on all unoccupied lands of the United States which are located within the traditional Crow homeland." This "homeland" is defined broadly, encompassing those lands originally identified in the 1851 Fort Laramie Treaty of 1868 and extending to "all such lands as located in traditional Crow territory according to tribal oral history."
The scope of this territory, as defined by Crow oral history, is vast and evocative. It is described as being situated within the metaphorical confines of four tepee poles: the Bear’s Paw Mountains in northern Montana marking the northern boundary, the Absaroka and Beartooth Mountains to the west, the Wind River Range in Wyoming to the south, and the Black Hills of western South Dakota and northeastern Wyoming to the east.
While the Crow Reservation has been significantly reduced from its original 38 million acres to its present-day size of approximately 2.3 million acres, the tribe maintains that their right to hunt beyond these diminished borders remains intact. This resolution explicitly calls for the exercise of hunting rights on state and federal lands managed by a diverse array of agencies, including national forests, national parks, and national recreation areas.
The resolution acknowledges the 1995 "Ten Bear" decision rendered by the 10th Circuit Court of Appeals, which ruled that the Crow’s treaty right to hunt in the Bighorn National Forest in Wyoming had been abrogated when Wyoming achieved statehood in 1890. However, the resolution also points to the U.S. Supreme Court’s 1999 decision in Minnesota v. Mille Lacs Band of Chippewa, which effectively reversed the case law upon which the 10th Circuit based its earlier ruling.
Moving forward, the Crow Tribe is committed to developing a comprehensive regulatory framework for off-reservation hunting, including the establishment of a robust licensing process. Furthermore, the tribe intends to engage in collaborative discussions with federal agencies and the states of Montana, Wyoming, and South Dakota to forge cooperative agreements that ensure responsible and sustainable hunting practices.
Chairman Old Coyote emphasized that the tribe’s vision for off-reservation hunting is far removed from unregulated exploitation. "It’s not just guys going and hunting and shooting everything in sight," he stated. "It’s having that right, but doing it legitimately."
Senator Conrad J. Stewart, chairman of the Crow Legislature’s Natural Resources Committee and co-sponsor of the resolution, echoed this sentiment, emphasizing the tribe’s unwavering commitment to conservation. "That’s not coming out in the spring killing a cow or a doe," Stewart explained. "We don’t want to stymie any herds, we want to harvest them. Whether it’s buffalo, elk or deer, we want to use best possible practices." He also stressed that Crow hunters are not trophy hunters, but rather individuals who respect and utilize the entire animal. "We take the meat and we still utilize the hides," Stewart said.
Initial discussions regarding off-reservation hunting have already commenced with officials from Montana Fish, Wildlife and Parks (FWP). Becky Docktor, FWP chief legal counsel, noted that the initial focus has been on the possibility of the Crow Tribe joining other tribes in hunting bison that migrate out of Yellowstone Park. Several other tribes, including two from Idaho, one from Oregon, and the Confederated Salish and Kootenai Tribes of northwestern Montana, already exercise their treaty rights to hunt bison. These tribes coordinate their hunts outside the park boundaries, with the hunting season typically spanning from January to mid- or late March.
Docktor anticipates continued discussions with the Crow Tribe, acknowledging that "Their resolution does go beyond that hunt in asserting rights other than bison and other areas. I would bet we will have other talks on other areas and other species."
The Salish and Kootenai Tribes have already established a precedent for off-reservation hunting in Montana. Under the Hellgate Treaty of 1855, their hunting privileges extend to national forest lands in northwest Montana, and potentially beyond. Jim Williams, regional wildlife manager for FWP Region 1, emphasized the positive relationship between the state agency and the tribal wildlife program. "We have a real close relationship with the tribal wildlife program," Williams stated. "We communicate game harvest information annually, so we can work on any conservation issues that come up, and none have. It’s worked really well."
Chairman Old Coyote drew a parallel between the Crow Tribe’s hunting rights and an existing agreement with the U.S. Forest Service that allows tribal members to harvest tepee poles annually from national forests. Each permit issued by the tribe is co-signed by the Forest Service and tribal officials and includes the member’s tribal enrollment number. "It’s nothing new. They recognize the treaty right," he said. "This is going to be the same type of agreement."
The Ok-A-Beh Road Dispute: A Question of Ownership and Control
The Crow Legislature’s joint resolution concerning the Ok-A-Beh access road leading into Bighorn Canyon National Recreation Area represents the latest development in a long-standing disagreement between the tribe and the National Park Service (NPS).
The resolution "seeks to provide official notice to the United States Department of the Interior of tribal policy asserting absolute ownership and control of the Ok-A-Beh access road." While the precise means by which Crow officials plan to assert their control over the road are still under discussion, the underlying issue is clear.
According to Jerry Case, superintendent of the recreation area, the NPS owns approximately the first half-mile of the 10-mile road leading to the boat launching area. The federal agency purchased the next 4-1/2 to 5-1/2 miles from a private landowner. However, the ownership of the final three miles is fiercely contested.
Case stated that "The last three miles we believe are covered under the agreement signed in ’67. There was also a (Crow tribal) council resolution, 67-59, which approved the agreement in 1967."
However, the Crow Tribe maintains that the revised 1967 memorandum of understanding is invalid because the Crow Tribal General Council never formally approved it. From the tribe’s perspective, those three miles of road remain solely under their control, and they are entitled to compensation for its ongoing use.
Congress established the Bighorn Canyon National Recreation Area in 1966. In May 1967, the tribal council passed Resolution 67-59, approving a draft memorandum of understanding that included approximately 56,000 acres of tribal lands within the recreation area. In December 1967, then-tribal Chairman Edison Real Bird signed a modified 50-year agreement with Secretary of the Interior Stewart Udall and the director of the NPS.
The crux of the dispute lies in the fact that the tribe claims the tribal council never ratified the revised agreement, while the federal government believes it did. In 1976, the council passed a resolution declaring the modified agreement invalid and withdrawing all Crow tribal lands from the recreation area. In 1979, Secretary of the Interior Cecil Andrus rejected this resolution and reaffirmed the agreement’s legality.
"For us that has always been tribal land, and we have not taken any action on it," Case said. "We haven’t done any planning or development."
One proposed solution involved permanently withdrawing the Crow tribal lands from the recreation area, thereby terminating the 1967 agreement. In the mid-2000s, the NPS also proposed a land transfer with the Crow Tribe, which would have granted the NPS a 200-foot right of way across tribal lands on that three-mile stretch of road.
Despite these proposals, no agreement has been reached to date. Case noted that during his five-year tenure as superintendent, he has observed little interest on the part of the tribe to engage in negotiations.
Chairman Old Coyote stated that the tribe would like the NPS to compensate them for the long-term use of the road. He indicated that if a mutually agreeable solution cannot be reached, the tribe might consider establishing a toll booth along the road to generate revenue from drivers accessing the recreation area.
"We’re just trying to assert our right," Old Coyote emphasized. "We own the right of way and we own the land. We just want to be respected. That’s the bottom line." The Crow Nation’s stance on the Ok-A-Beh road, like their assertion of hunting rights guaranteed by the Fort Laramie Treaty of 1868, reflects a broader commitment to defending their sovereignty and ensuring that their treaty rights are honored.