Roger Birdbear: Unemployment still an issue in Indian Country

Some of the problems concerning TERO can be found in the complications of its implementation within the oil industry. The first issue is that tribal government is in a position in which they are asked to balance two competitive interests, both of which have serious implications for all tribal members. On one hand, they are asked to enact policies that help their workforce and ensure employment of their people. On the other, they have the opportunity to lease tribal land for mineral extraction, bringing in needed revenue for the tribe. Most governments, not just tribal, have been eager to cater policies in favor of the oil industry for fear of scaring away development with perceived over-regulation, potentially losing significant amounts of money. This conflict of interest is only the beginning, however.

The second problem with TERO pertains to its enforcement. On the Fort Berthold reservation, in particular, the sudden surge of people and businesses due to mineral extraction is well-known, and tribal government has struggled to keep up. TERO compliance officers are expected to monitor companies to ensure that they’re following all applicable policies, but they simply don’t. A Cease and Desist Order made publicly available on the Three Affiliated Tribes’ TERO website confirms this by stating that they know there are “flagrant and continued violations” occurring on the reservation and that violators, “are ordered to immediately self-report…” [emphasis added] This seems unlikely. As mentioned earlier, TERO lies solely within the realm of a tribe’s sovereignty and, as such, is not required to follow the same Freedom of Information Act guidelines as federal and state governments. This means that the TERO office isn’t required to disclose anything, making it almost impossible to submit their work to an audit or inspection that would confirm any of its failures or successes.

These problems persist due to one of the most significant issues with TERO: the continuing lack of TERO commission appointments. The TERO commission serves as an independent oversight committee for the director and, as such, is one of the only sources of redress for harms caused, or allowed, by the TERO director. It seems TERO’s policy may be that if there is no TERO commission, then no one can file a complaint with them. Because of this, certified companies that are qualified to do work on the reservation will continue to lose business, or even shut down all together. Industry has been taking advantage of these failings, and conducting business in a way that is abusive, illegal, and continues to perpetuate high unemployment on the reservation.