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‘A huge, huge issue’: Despite gains, anti-Native bias beliefs still plague Montana hoops

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‘A huge, huge issue’: Despite gains, anti-Native bias beliefs still plague Montana hoops


Editor’s be aware: This story is a part of three-part sequence on perceived anti-Native bias in highschool basketball in Montana.

BOZEMAN — With the scoreboard clock studying 4:32, within the remaining quarter of a sport that also reverberates round Montana highschool basketball two years later, a disconsolate boys crew from Rocky Boy had lastly heard one too many antagonistic whistles.

After a fifth technical foul, together with a second on junior guard Benji Crebs for “flopping” and a second on Stars coach Adam Demontiney for arguing, the complete crew walked off the Malta Excessive College court docket. For Rocky Boy, a crew comprised of Native American gamers, it was a breaking level — feelings that boiled over on a Hello-Line winter evening however in reality have simmered in Indian Nation for greater than a century.

Individuals are additionally studying…

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Gamers on the Rocky Boy Excessive College crew present their frustration after a ref makes a controversial name in a 2021 sport towards Malta. The sport nonetheless reverberates in Montana highschool basketball circles greater than two years later. (Video offered by Jolene Standing Rock).


To the Stars, the end result was one other painful reminder of a conviction held by Natives throughout Montana and, certainly, all of America: Historic racism permeating a bastion of ardour and shallowness, the basketball enviornment, within the type of biased officiating.

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Crebs obtained his first technical — a foul associated to sportsmanship, extra egregious than frequent or private fouls for routine bodily play — moments into the sport for slapping a backboard whereas making an attempt to dam a shot, a authorized transfer that may be whistled if deemed overly emphatic.

“In order that’s how we already knew, like, ‘Oh, it’s gonna be a kind of video games’,” Crebs tells Lee Newspapers and 406mtsports.com two years later. “Then it acquired actually out of hand taking place the road.”






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“It’s form of unhappy that in follow they’ve to inform us that the refs could also be after you this week,” stated former Rocky Boy participant Benji Crebs, who’s Chippewa Cree.




Later, teammate Joe Demontiney obtained a “T” for “flopping” as effectively. Then got here Nos. 4 and 5, after Crebs launched a 3-point shot and fell to the ground as an onrushing defender initiated contact. Adam Demontiney protested and was hit along with his second technical, an computerized ejection that despatched him to the showers with Crebs and the crew in defiant lockstep.

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After the sport, a 62-47 Malta victory, Crebs spoke for Indigenous individuals from Alaska to Florida when he posted on his Fb web page, “It was not acceptable tonight. Being a Native child, we must always have already got the mindset that we ain’t gonna get the good thing about the doubt ever.”

When phrase of the debacle reached veteran Blackfeet official Alvin Yellow Owl in Browning, he cringed.

Yellow Owl, a former state-champion participant for the Runnin’ Indians, examined the sport’s dynamics — Native squad visiting a non-Native crew, an more and more chippy rivalry ambiance, each head coaches within the ears of three inexperienced referees, Native gamers rising inconsolable in an atmosphere that represents a refuge from reservation burdens whereas preserving a vestige of their historic warrior spirit — and noticed inevitable combustion.

“Virtually like a bottle able to blow,” Yellow Owl says now.

Upon additional assessment with different referees, each Native and non-Native, Yellow Owl concluded the drama was fueled partly by the grouping of two second-year referees and one rookie official. The shortage of expertise was, he lamented, the unlucky results of a shrinking referee pool.

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Regardless, Yellow Owl knew, the harm was achieved. Yet one more cultural wound reopened regardless of ongoing Montana Excessive College Affiliation diversity-training efforts in response to related tensions a decade earlier.







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Alvin Yellow Owl referees throughout the Broadus Hawks’ sport towards the Lone Peak Bighorns within the first spherical of the Class C state event at First Interstate Enviornment in Billings on Thursday, March 9, 2023.

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Malta-Rocky Boy was the most recent flashpoint for a notion that has festered since Natives have been launched to the modern-day model of basketball at Indian boarding faculties greater than a century in the past.

“My kin discuss it on a regular basis,” stated Darin Williams (Crow), a Fresno, California, referee whose household is from Wyola. “The highest-rated video games, the place they do championships on the Metra (Billings), these are very well-officiated. It’s these outlier video games I’ve seen that, for lack of a greater time period, are one-sided, particularly when Indian faculties go into non-Indian areas.”

Provides Cameron McCormick (Crow), who coached the women crew at Lame Deer this previous season but additionally has had stints guiding Native groups at Rocky Boy and Northern Cheyenne and a non-Native boys crew at Absarokee: “I’d say if you happen to have been to do a survey on the reservations, 90 to 95 % of the outcomes would say there’s at the very least to an extent some racial prejudice in Montana highschool basketball video games.”

Some Natives have even scoured outdated scorebooks and newspaper scoreboard sections to show it.

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Within the mid-Eighties, Crow teaching legend Gordon Actual Chicken Sr. tallied up 10 years of fouls for Lodge Grass video games. He found his Runnin’ Indians have been whistled for greater than opponents in 9 of these seasons. His findings have been subsequently revealed in The Billings Gazette.

“You may say the s**t hit the fan,” Actual Chicken remembers now with amusing. “After we performed in white communities, we gathered an ungodly variety of fouls they usually shot an ungodly variety of free throws. It was a sample. Boy, have been they (officers) up in arms, however my statistics … they couldn’t argue that when it was the reality. I acquired myself in scorching water, however I didn’t care.”

Eleanor YellowRobe, who’s Fort Belknap Aaniih and now a Rocky Boy resident, did related analysis for a College of Montana journalism class paper in 2005. After her 11-year-old son glanced on the scoreboard throughout a Stars highway sport towards a non-Native crew and marveled, “Look mother, now we have extra fouls than they’ve factors!” she determined to scan a 12 months of Nice Falls Tribune field scores to see in the event that they’d validate her instincts.

“There was an enormous hole within the foul unfold,” remembers YellowRobe, including her preliminary submission was rejected as “too emotional”. “It was an actual uncommon statistical anomaly when it was very shut. Numbers and stats don’t lie. They are often misinterpreted, however they don’t lie if you happen to’re being truthful.”

Therein lies the rub. Numbers don’t lie, however they beg nearer inspection of a multi-layered situation.

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Does overt racism exist? Natives and non-Natives alike interviewed for these tales agree that hardly a technology faraway from an period of “No Canines, No Indians” indicators tarnishing storefronts in reservation border cities, it’s folly to recommend highschool gyms are immune.

Such convictions are bolstered when a public-address announcer calls the Browning Woman Indians the “Lazy Indians”, or a number of indicators in the identical enviornment learn “FTI!”, or complete Native groups are shut out of comfort shops, or Native followers consider they have been barred from a fitness center, or a pupil part makes monkey gestures when a Native participant dribbles, or a radio talk-show host suggests separate state tournaments for Native groups as a result of their supporters are inherently unruly.

All these episodes have occurred in recent times, one within the final month.

“Sports activities displays and intensifies all the nice and the unhealthy,” stated Wade Davies, UM professor of historical past and Native American Research and creator of “Native Hoops: The Rise of American Indian Basketball, 1895-1970”. “If there’s racism and pressure throughout the neighborhood, it’s going to point out up on the court docket, and it’s certain to point out up in officiating as a result of they’re people.”



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Wade Davies, a professor in Native American research and historical past on the College of Montana, at his workplace on the Payne Household Native American Heart on Feb. 7.




Says Rocky Boy superintendent Voyd St. Pierre: “It is a well-known subject in our neighborhood. I’ve heard it many instances in neighborhood conferences, in tribal council conferences. The sentiment continues to be sturdy, and I’d relate it to the continuing discrimination that continues to occur throughout our space and the way our neighborhood is handled usually.”

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Extra systemic is what many say is a bias towards Natives’ type of play, popularly known as “rez ball”, and what it symbolizes.

Predominantly non-Native rural faculties are likely to desire a extra structured, half-court, methodical, inside-out sport. Natives favor an unfettered, full-court, aggressive, perimeter-shooting strategy — a stark distinction initially embraced partially, Davies stated, as a rejection of the outdated “Kill The Indian, Save The Man” assimilation ethos at boarding faculties.

Complicating the notion: rez ball’s relentlessness naturally lends itself to extra fouls.

Additional, when two Native groups play and the referees are from a Native pool in, say, Browning or Crow Company, Native officers say they’ll are likely to name a looser sport matching their type however not all the time by the e book. When Native groups journey to play non-Native groups with non-Native officers, tighter whistles could be construed as bias.

“It doesn’t assist that we play completely totally different types,” stated former Coronary heart Butte and Browning star Mike Chavez (Crow), who performed for the Griz and now could be an assistant coach at Hardin. “You’ve acquired officers who’ve by no means officiated Native video games. Some may are available in with an agenda, however that’s a really small pattern — the unhealthy apples. And if you happen to press the entire sport, the fouls are going to come back.”

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Mike Chavez

Mike Chavez speaks to gamers throughout the All Groups Grand-Entry Parade on the All-American Indian Shootout at Rimrock Auto Enviornment at MetraPark on Saturday, Dec. 8, 2018.



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Many Native coaches and gamers additionally, whereas lamenting these “unhealthy apples”, merely say Native groups should hone aspects of their sport.

“The atmosphere we grew up in made us consider and suppose (bias), however as I acquired older I believed as Natives we have to play higher protection,” stated White Protect (N.D.) coach Shaun Knife, whose crew performed within the All-American Indian Shootout in Billings.

“Push all that apart and play the best way it’s speculated to be performed. We’re actually aggressive and go for the ball. We play rez ball on a regular basis. However you’ve simply acquired to have the ability to regulate to personnel and refs the best way the sport sees match.”

Even so, perceptions of anti-Native bias are so deeply engrained and could be so charged that the MHSA candidly acknowledges the problem.

“For us it’s an enormous, enormous situation,” says new MHSA govt director Brian Michelotti, who can rattle off an inventory of efforts to fight perceptions whereas conceding a lot work stays.

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Find out how to resolve the problem is the million-dollar query.

Or, as Jay Lemelin, who’s non-Native and supervisor of officers for the Billings pool, put it with a chuckle:

“I’d say it’s a two-million-dollar query.” 

Refuge for Native college students

In 1904, 13 years after Dr. James Naismith nailed the primary peach basket to a gymnasium pillar, his methodical “basket ball” seemed scarcely just like the sorts of “ball sport” Indigenous cultures had fancied for time immemorial.

A bunch of excessive school-aged women at Montana’s Fort Shaw boarding faculty was among the many first Native groups to showcase the distinction, beginning in 1897. The barnstorming squad free-wheeled “right here and there with the rapidity of lightning”, as one author marveled, in the end successful an unofficial championship on the St. Louis World’s Truthful.

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“They did it so in a different way and the entire thought of Minnie Burton simply capturing at any time when she had the ball blew individuals away,” stated Mark Trahant (Shoshone-Bannock), an editor at massive for Indian Nation At this time whose nice aunt, Genie Butch, performed for Fort Shaw.

At boarding faculties, basketball transcended recreation. Inside the 94×50-foot confines of a court docket, the only setting the place authoritarian oversight was lax resulting from understaffing, Davies notes, Natives recaptured a semblance of historic freedoms.

“It was one thing that was form of a refuge for lots of scholars throughout the faculty — a optimistic drive for them in an in any other case traumatic atmosphere,” he stated.

When college students returned to reservations, the re-invented sport got here with them. Rims appeared seemingly in a single day on each phone pole, yard put up and playground in Indian Nation. 

Natives performed with breathtaking zeal.

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“What’s the king sport in Indian Nation? It’s basketball. Basketball, basketball, basketball,” Rocky Boy’s St. Pierre stated. “It’s a significant a part of each Native neighborhood in Montana.”

Davies submits that rez ball’s contrasting type was not solely a rejection of assimilation, however an adaptation to early basketball bias as effectively.

“If officiating was biased, relying extra on pace and agility and capturing from the skin may also have been a method to compensate for the truth that fouls have been going to be known as on you extra usually,” he stated.

Many Naismith purists dismiss “rez ball” as undisciplined.

Natives chafe on the narrative.

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“They name it run-and-gun Indian basketball, however I put a variety of construction into my applications,” Actual Chicken counters. “It’s not simply operating up and down with no plan or self-discipline. We all know what we’re doing on the market.”

Writer Shann Ray Ferch, the youthful half of the frenetic “Flying Ferch Brothers” when he and Kral thrived taking part in rez ball at Livingston’s Park Excessive within the early Eighties beneath their father, Tom, additionally disabuses the notion. Ferch, who’s non-Native and a professor of management and forgiveness research at Gonzaga, performed with a few of Indian Nation’s mystical greats when his father coached on the Crow and Northern Cheyenne reservations.

“I feel (Native basketball) means grace and dignity and wonder, energy, love of household — like the rest of nice worth in life, particularly inventive worth,” he stated. 

Natives say bias towards them, via rez ball, has taken myriad types.

Actual Chicken recalled a highway sport the place two of his Crow gamers have been known as for a technical foul whereas quietly speaking technique at midcourt. Their transgression? Talking of their Native tongue.

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Rocky Boy head coach Adam Demontiney encourages his crew after a steal on this 2017 file picture.



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Actual Chicken wasn’t alone in his experiences.

“Once I first began (teaching), there was a number of that have been actually simply horrible,” Rocky Boy’s Demontiney stated. “They wouldn’t speak to you in any respect and be fairly ignorant. After my first sport, my first convention sport, I used to be about able to give up. That’s how unhealthy it was. I used to be so mad — livid. I wished to combat them.”

One other touchpoint preserved in perpetuity additionally entails Rocky Boy and is highlighted within the 2008 Montana documentary “Class C: The Solely Sport In City.” As a Northern C divisional event sport deteriorates and the Stars unravel emotionally, the coach of a principally non-Native crew seizes the second at halftime to strengthen a pregame pep speak during which he distinguishes for his gamers disciplined vs. non-disciplined basketball — in essence, between proper and improper.

Within the movie, YellowRobe consoles her tearful daughter within the fitness center, saying, “Don’t cry, my child, that is simply how it’s.” Rocky Boy’s coach bites her lip throughout an interview as she laments, “Once they shoot 44 instances from the free-throw line and we solely shoot 13, it makes an enormous quantity of distinction.”

Whereas many viewers, Native and non-Native alike, noticed thinly veiled systemic prejudice, others have been struck by the message a feminine tribal elder delivered afterward within the Stars’ locker room. 

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“Now you understand what it prices us to be an Indian!” she says to tearful, indignant gamers. “We get cheated in every single place we go. However you’re nonetheless winners in my e book. You hear?”







Jay Lemelin (copy)

Jay Lemelin, supervisor of officers for the Billings pool, says find out how to overcome perceptions of bias towards Natives is “the two-million-dollar query.”

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Mentioned Lemelin: “I used to be shocked. Her entire level was you want to be taught to be leery of non-Natives, and I used to be like, ‘My goodness, that’s a robust perception’. She’s getting in that locker room and he or she’s very effectively revered, and he or she was adamant. What I acknowledged was simply how actual that’s.”

The sentiment isn’t simply actual to Montana Natives.

Brent Cahwee (Pawnee/Euchee) of Lawrence, Kansas, who based the NDNSports.com web site twenty years in the past to champion Native athletes, remembers a non-Native good friend from Boston who got here to teach the Haskell Indian Nations College males’s crew. His duties included submitting statistics to the NAIA workplace, which required copious movie assessment.

The coach already suspected Haskell was among the many nation’s leaders in fouls. What surprised him was the variety of “phantom” fouls towards his crew, Cahwee stated.

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“That’s what we grew up with on the reservations,” Cahwee defined to the coach. “If it is new to you you are not Native. The 50-50 name — I assure you a variety of reservations know which means that’s going to go. What causes that?”

The frustration runs so deep in Indian Nation that tribal leaders, already burdened by non-sports points, are sometimes requested to prioritize basketball grievances.

Blackfeet Tribal Councilman Everett Armstrong, former athletic director for the Browning College District, stated the council met with Native legislators about bias simply final week.

“We wish our questions answered,” Armstrong stated. “We have to take a stance as a result of we’re so uninterested in it. We wish assist.”

Mentioned St. Pierre: “Group members go to tribal management hoping the management can ship a letter or a press release from the very best authority on the reservation may convey the eye of the officers.”

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And it isn’t simply Natives who see a distinction.

Colton Younger, who’s non-Native and thrived beneath McCormick throughout the Crow coach’s lone season at Absarokee three winters in the past, stated he seen a change in foul calls when the Huskies switched to rez ball.

“I really feel like a variety of bias comes from that run-and-gun type of play that each one reservations have performed, they usually have perfected,” stated Younger, emphasizing he would not consider McCormick’s ethnicity was an element. “I feel rising up what type of basketball you performed actually does have an effect on the choices made. If I grew up in that atmosphere I wouldn’t name a foul any time contact is made. I feel that’s the place among the frustration, and bias towards these Native American groups, can come from.”







Northern Cheyenne

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Northern Cheyenne women basketball coach Cameron McCormick talks to his gamers within the locker room throughout a sport towards Lodge Grass JV on the All-American Indian Shootout at Rimrock Auto Enviornment at MetraPark on Thursday, Dec. 6, 2018.




Combating bias perceptions

A couple of decade in the past, after a number of incidents in jap Montana, Native complaints reached a crescendo. Technical fouls had spiked. Costs of dishonest and racism flew. 

On the time, there have been even rumblings about Native faculties forming their very own leagues.

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The Native American Legislative Caucus known as MHSA govt director Mark Beckman for solutions. It was then Beckman advised cultural-diversity coaching.

“There was actually some considerations from a college that their gamers have been being focused in conditions,” remembers Michelotti, who was an MHSA affiliate director till succeeding the retiring Beckman final 12 months. “After that investigation we realized an enormous problem, and our largest aim within the problem was to supply training.”

The MHSA traveled the state to coach referees, coaches and directors. Attendance was necessary. Michelotti estimates greater than 5,000 participated.

Fundamental details about tribes and reservations in Montana was introduced. Officers realized the significance of star blankets, headdresses, and different Native observances and traditions.

An instance: Referees count on eye contact when addressing gamers however many Natives keep away from it for cultural causes. Officers are reminded to not really feel insulted when gamers instinctively look away.

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Stereotypes permeating the video games additionally have been challenged. Amongst them is lax educational requirements permitting ineligible gamers to compete. Additionally, as a result of faculty transfers are extra frequent, Native groups are sometimes accused of recruiting.

“Lots of people don’t understand the scenario on reservations,” Chavez, who grew up in Crow Nation however lived along with his mom in a midway home in Coronary heart Butte on the Blackfeet reservation, stated of a pandemic of medication, alcohol, teen being pregnant and damaged households. “Plenty of time youngsters should stay with grandparents. That’s why now we have a hardship course of. All of us do it and abide by it.”

Referees now are required to take part in six examine golf equipment per 12 months the place cultural training is topical. Ethnic range is a pillar of MHSA’s mission assertion. 

“I feel some actually good issues got here of this,” Michelotti stated. “I suppose the most important alternative now we have is to grasp higher the cultural range on the market — to actually perceive and admire the tradition of Native American basketball.



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MHSA Government Director Brian Michelotti throughout the Saco-Whitewater-Hinsdale Mavericks’ sport towards the Chinook Sugarbeeters within the first spherical of the Class C state event at First Interstate Enviornment in Billings on Wednesday, March 8, 2023.




“The other of that’s the realization that the officers are attempting to do the very best they will and be the very best officers they are often. We have to recover from pre-conceived concepts, educate ourselves on it, and we’ve acquired to be affordable about this stuff.”

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A significant impediment: The acute referee scarcity, due largely to rising belligerence from spectators for what many describe as “a thankless job”.

Yellow Owl stated he and different Native officers have been known as “prairie n****r” from the bleachers. Lemelin avoids social media after video games between Native and non-Native groups.

“It bothers me that there’s this animosity,” he stated. “I’ve had good mates get their image taken and posted on Fb saying, ‘This particular person is racist!’ It simply hurts my coronary heart as a result of I do know these individuals simply wish to referee.”

Agrees NDNSports’ Cahwee: “Actually we want higher remedy of referees whether or not Black, white, crimson, brown or yellow.”

One answer to fight perceived bias is to recruit extra Native referees. In South Dakota, state regulation requires video games between Native and non-Native groups have at the very least one Native official.

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The Montana Officers Affiliation is striving to rebuild its base, together with looking for extra Natives for a secure that roughly approximates the state’s total inhabitants ratio. However reservations are distant. Refereeing means windshield time — and value, even with mileage reimbursement, per diems and sport pay ($70). 

“All of it comes all the way down to economics,” St. Pierre stated. “Lots of people regionally could not have transport to rise up and do examine golf equipment and journey to get to video games and issues which are a part of it.”

Regardless of the hurdles, range coaching has made headway towards perceptions some say are bolstered by older generations nonetheless salving historic wounds. Social media helps to create consciousness.

“It’s gotten lots higher,” Chavez stated. “I feel with media and social media, and our youth changing into higher at intermingling, even small-town individuals in Montana from non-Native communities, their eyes have been opened. The world has gotten lots smaller so I feel we’ve gotten extra mature about that stuff.”

Mentioned Yellow Owl: “I keep in mind after I performed, it appeared like we have been all the time being instructed you have been cheated of this, cheated of that. The extra I’ve gotten into officiating, the longer I’ve been doing it, particularly the larger video games, I don’t see it. I do know some individuals like to listen to 90 % of officers on the market wish to get to Indians, however I really feel a majority of fellows on the market simply wish to assist the children.” 

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Serving to this dynamic, Rocky Boy’s Demontiney stated, is referees and coaches striving to foster stronger relationships. Actual Chicken, who nonetheless attends video games, stated he is seen an enchancment, too. What Native coaches and gamers uncover is how a lot many non-Native officers take pleasure in calling video games with Native groups.

“To me,” Billings official Barry Cronk stated, “that’s about as enjoyable because it will get.”

“Native basketball is so lovely,” Ferch stated. “It’s form of like several murals, and I’m positive nice refs perceive this. They don’t wish to hurt the viewers’s expertise, so the very best refs are going to attempt onerous to ensure they’re not ruining the fluidity of the Native sport by calling ticky-tack fouls. You’ll be able to’t assure that, however the factor nearly everyone acknowledges in Montana is now we have one thing particular in the fantastic thing about Native basketball.”

And bias can run each methods, many Natives concede, noting the idea of “house cooking” is common no matter ethnicity.

“I’ve watched video games the place I feel the refs favor the Native American crew,” McCormick stated.

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A protracted method to go

However engrained perceptions take time to erase. 

Ask Native coaches and gamers right this moment and lots of, if not most, will say they know which referees gained’t give them a good shake. St. Pierre stated Rocky Boy’s faculty board has requested her to offer native swimming pools an inventory of unacceptable officers for Stars video games.  

“Even our followers they’ll sit there and go to concessions and our followers can be like, ‘Oh, appears to be like such as you guys have a tricky reffing squad right this moment,” stated Crebs, the previous Rocky Boy participant. 

Mentioned Chavez: “I’m form of one that tries to take a step again and see from each side as a result of I’ve a variety of mates who’re MOAs and their jobs are powerful. And we do have officers that work on a regular basis with Natives round our swimming pools, round reservations — nice guys and nice girls who do our video games.

“However you see unhealthy refs and see refs with agendas and stuff like that. I really feel unhealthy for (goal refs) when there are a number of unhealthy apples that make it apparent. You’ll be able to’t blame all of them.”

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Thus the notion persists. To some, it is grown.

Robert Corridor, a 16-year Blackfeet official whose father, Vic, created the Browning/Coronary heart Butte pool as a result of Native refs felt shut out of varsity video games, stated: “In Indian Nation, frustration with refs is at an all-time excessive. It has not been alleviated, and it is solely getting worse. It is gotten to the purpose the place each event individuals in our neighborhood ask, ‘How have been the refs?’ “

Malta-Rocky Boy epitomizes the problem’s complexity.

Yellow Owl remembers the conferences with Native and non-Native officers afterward.

“It was extra of the white officers that have been saying these guys (officers) have been within the improper, the place among the Indian officers stated, ‘I ponder what was stated to get to that time of these T’s’?“ he stated.

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The important thing going ahead, Michelotti repeatedly bolstered, is training and communication.

Is there hope for change?

A number of years in the past, a Native spectator approached Lemelin earlier than a sport, handed him a colourful small stone and instructed him to rub it. Lemelin stashed the stone in his pocket and remembers pondering, “that’s form of cool”. He carries it in his referee’s bag to today.

“I felt like he was being very variety,” Lemelin stated, “and I took it as we’re going to have an excellent sport, and that is going to go effectively and we’re not going to have any controversy and no person’s going to get damage.

“And that is for good luck.”

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Tuesday: The affect of perceived bias on Native youth. Wednesday: Options for a century-old situation.



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Montana

Opponent calls Montana resolution ‘slap in the face’ to public land owners

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Months after the nation’s highest court declined to hear a Utah case about ownership of public lands, a Montana House committee will debate whether to support it.

The Committee on Energy, Technology and Federal Relations is scheduled to hear a resolution today about “supporting Utah” in its 2024 lawsuit against the United States.

Utah claimed it’s been deprived of “sovereign powers” because of the federal government’s “indefinite retention of unappropriated public lands” there.

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The U.S. Supreme Court declined to hear the case in January, but the suit could be refiled.

Kearstyn Cook – program director with of Montana Conservation Voters – said that could set what she calls a “dangerous precedent.”

“The State of Montana showing support for such a motion,” said Cook, “is just a blatant slap in the face to public land owners and lovers.”

The federal government owns nearly 70 percent of the land within Utah’s borders, and 30 percent in Montana’s.

Still, 68 percent of Montana voters have said they oppose giving states control over national public lands, according to the latest poll.

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Montana Conservation Voters collected over 1,000 signatures asking state lawmakers to denounce Utah’s efforts. Cook said people want to make their voices heard.

“People who use our public lands,” said Cook, “for recreation, hunting, fishing, hiking, for agriculture, for ranching – this in some way, shape or form would impact a majority of Montanans.”

The same committee on Tuesday will hear Senate Joint Resolution 14, which would release federal Wilderness Study Areas from their protected status – across more than 1 million acres of Montana public lands – opening them to “multiple uses” including agriculture, timber and mining.



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Montana

Bill that would sell isolated state land to neighboring landowners nears Gianforte’s desk

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Bill that would sell isolated state land to neighboring landowners nears Gianforte’s desk


On a tailwind of Republican support, the Montana Legislature has advanced a bill that would facilitate the sale of isolated sections of state trust land.

House Bill 676 is a sweeping 22-page bill sponsored by House Speaker Brandon Ler, R-Savage, that addresses multiple aspects of water rights and the administration of state trust lands. 

Although several components of the bill drew scrutiny during a hearing before the Senate Judiciary Committee last week, perhaps the most controversial aspect of HB 676 involves the potential for the noncompetitive sale of an estimated 1.5 million acres of isolated sections of state land. 

HB 676 would also close the Montana Water Court, a nearly 50-year-old court created to quantify and prioritize hundreds of thousands of water rights that predate Montana’s 1972 Constitution. If HB 676 passes, an existing law specifying that the court cannot alter tribal water compacts would be struck as well. Critics argue it could invite federal intervention in decisions nearing resolution after decades of negotiation and scrutiny. One such agreement is the Confederated Salish and Kootenai Tribes Compact, which is currently before the Montana Water Court.

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In their comments to lawmakers, HB 676 proponents referenced a controversial decision the Montana Supreme Court issued last year. They described HB 676 as a private property rights protection measure that will prevent the Montana Department of Natural Resources and Conservation from “stealing” private water rights by dictating that in order to claim ownership of a water right, the water right must be used and diverted on state lands.

At issue is the Schutter v. Montana Land Board ruling the Montana Supreme Court issued in late April 2024 siding with the Land Board. The Land Board, which oversees state trust lands and is comprised of the top elected officials serving in state government, had asserted ownership over a portion of a private water right Gallatin County potato farmers developed on their private land to irrigate both their property and a neighboring property they leased from the state.  

In an opinion siding with the Montana Water Court’s interpretation of the matter, Montana’s highest court argued that the state must exercise some ownership over the water right to act in accordance with its directive to “secure the largest measure of legitimate advantage” for state trust land beneficiaries — e.g., Montana’s public schools. State trust lands are sections of land the federal government turned over to the Montana government when it became a state.

The Schutter decision was vigorously opposed by the Senior Ag Water Rights Alliance, which described the DNRC’s stance as “government bureaucracy gone insane.”

Speaking as a member of the Senior Ag Water Rights Alliance on March 21, Jocelyn Cahill described HB 676 as a proposal to put “clarity and stability” into Montana law.

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“Many ranchers are afraid to use their water on their state leases, fearing that DNRC will come after their right,” Cahill said. “This uncertainty discourages investment in the infrastructure needed to divert and deliver water. When ranchers stop improving their lease lands, the state leases — and the school trusts that rely on them — lose out on significant benefits.”

Cahill is steeped in water issues in other ways. She recently represented irrigation interests in a water policy stakeholder group that developed legislative proposals over the interim and her politically powerful family recently lost a legal dispute regarding the use of exempt wells to facilitate a Broadwater County development. 

Other HB 676  proponents included the Rocky Mountain Stockgrowers Association and the Rocky Fork Decreed Users of Carbon County.

HB 676 opponents argued that the bill is a raw deal for public land access, for Montanans in the midst of the water rights adjudication process, and for public K-12 schools reliant on state trust lands for a healthy and sustainable revenue source.

The Montana Stockgrowers Association, the Montana Farm Bureau Federation, the Montana Water Resources Association, the Montana Quality Education Coalition, the Senior Water Rights Coalition, the Montana Wildlife Federation, the Rocky Mountain Elk Foundation, the Property and Environment Research Center, the Public Land Water Access Association and the Montana chapter of Backcountry Hunters and Anglers spoke in opposition to the measure, along with other groups and individuals. 

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Matt Leow with Backcountry Hunters and Anglers acknowledged the access challenges posed by isolated sections of state land but argued that the solution is not to create a “fire sale of a state treasure” but rather to “figure out ways to open up public access to our public lands.”

Rocky Mountain Elk Foundation lobbyist Charlie Booher echoed that assessment, arguing that facilitating “the non-competitive sale of state land” is the wrong way to address state land that public recreationists can’t access.

“Over the last six years, Montana [Fish, Wildlife and Parks] and DNRC have worked through the [Public Access Land Agreement] program, as well as through the Block Management program, to open up access to over 1 million acres of state land that is currently isolated,” he told committee members. “We are supportive of that work and wouldn’t want to see it diminished by this bill.”

Brian Thompson with the Senior Water Rights Coalition described the dissolution of the water court as “problematic.”

“The water court has a job to do, and ending somewhat arbitrarily in 2031 leaves a lot of people in a lurch,” Thompson said during a hearing on the measure. “This is a system and a process that we set in place many decades ago. A lot of people’s water rights are dependent upon this system … They’re counting on the system to continue and to work to protect their rights into the future.”

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Opponents also argued that losing more than 1 million acres of state land will jeopardize between $5-7 million of revenue annually, much of which supports public schools. They also pushed back on the notion that the state is “stealing” water rights.

Lt. Gov. Kristen Juras, a former University of Montana law professor with extensive experience in water law, spoke most forcefully on the latter point.

“The state has never and does not assert an ownership of the water used on [private] land. It only asserts the interest on the state trust land, which it’s obligated to do under its fiduciary duty,” said Juras, who was testifying on behalf of Gov. Greg Gianforte in his capacity as chair of the Montana Land Board. “It is absolutely not correct that the state Land Board, acting through the Trust Land division of DNRC, is taking anybody’s private trust rights.”

The Senate Judiciary Committee has not yet taken executive action on HB 676.

Just after the Senate Judiciary Committee heard testimony on HB 676, the House of Representatives voted to advance House Bill 379, a twice-tabled and later revived measure that sought to combine two existing tools to facilitate the sale of state trust lands to developers.

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Lawmakers’ lifeline to HB 379 was short-lived, though. After passing an initial vote on March 21, the measure failed, 42-54, after 10 Republicans flipped their third-reading vote on Monday.

Rep. Larry Brewster, R-Billings, said he was approached by the Forestry and Trust Lands Division of the DNRC to sponsor HB 379. During a Feb. 6 House State Administration Committee hearing on the bill, Brewster described it as a straightforward measure — “nothing slim shady” — that would alleviate Montana’s housing affordability challenges. 

The sale of state lands that are “prime” for such residential development — those that communities have grown around, that have access to utilities and are no longer used for grazing, for example — would provide greater financial benefit to state trust beneficiaries like K-12 public schools if the state could enter into a commercial joint venture agreement with developers, Brewster told his colleagues.

Rep. Larry Brewster of Billings addresses his colleagues during the 2023 legislative session.  Credit: Arren Kimbel-Sannit / Montana Free Press

Deidra Kloberdanz, who manages the Real Estate Bureau of the DNRC’s Forestry and Trust Lands Division, said HB 379 combines two existing programs under the DNRC’s umbrella — the commercial leasing program and the land banking program — to create a pathway for larger housing developments. The leasing program provides revenue to trust beneficiaries through commercial rent payments. The land banking program, which has been operational for 22 years, allows the DNRC to sell up to 250,000 acres of trust land in order to reinvest in other lands that will provide more financial benefit to trust beneficiaries. 

Kloberdanz said the measure would allow a developer to initiate the subdivision and platting process as a property lessee and establish a framework for the later sale of individual home sites through the land banking program. She added that Land Board oversight is baked into the proposal. 

“The idea is the state and the developer would be able to share in both the risk and the reward of the project,” Kloberdanz said.

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Gale Heide with Habitat for Humanity of Gallatin Valley was HB 379’s other proponent during the committee hearing on the bill. He argued that HB 379 would make the development of state lands for affordable housing developments that groups like his have explored more financially feasible.

“Though I’m not encouraging the state to become real estate investors, you have proven the ability to use careful foresight in preserving your commitment to future generations and a growing education system,” Heide said. “Maybe some day there won’t be enough of Montana to go around, but for now, I think we can work together to create opportunities for working Montanans willing to bear the load with us.”

The measure drew no opponents during its hearing. 

Democratic members of the House spoke in opposition to the bill during floor debate last week, arguing that they have concerns about “uncertainty and ambiguity” in the bill, particularly around a transition away from a public auction process to an online sales platform.

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Montana State University presidential candidates to visit campus

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Montana State University presidential candidates to visit campus


BOZEMAN — If you have not been keeping up with MSU news, there is soon to be a huge change in university leadership.

The search for a new president continues at MSU. I headed over to the campus and spoke to students about President Cruzado’s legacy.

Dillion Baroy, a freshman at MSU, spoke about the new change he will see within the next year.

“I’m pretty new to MSU but I’ve heard Ms. Cruzado is doing great here and she’s going on a new adventure in her life which is good for her and I’m excited for what the new president can bring,” said Baroy.

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Sillas Savoia, who is also a freshman, hopes the new president will carry on Cruzado’s legacy.

“I don’t want to see anything fall backwards; I’d like to see President Cruzado’s hard work be worked upon further,” said Savoia.

Kayla and her father David Joseph, came from Illinois to tour the campus and also knew about the candidates being considered for the new role.

“We heard a lot of outgoing things about the new president, so hopefully it’ll continue. Obviously, it’s a big consideration,” said Joseph.

Interviews for the two candidates begin Tuesday. Faculty, staff, students, and alumni are encouraged to participate in the events and open forum. You can find more information and event schedules at the Montana State University Presidential Search website.

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