02/23/2026
Today, South Dakota State Representative Eric Emery made lemonade out of lemons—and delivered an important statement on State-Tribal relations.
At 7:45 a.m., he was informed that House leadership would not hear his amendment to HB 1225, a vehicle bill left blank for future language. His proposal would have moved the Office of Indian Education from the South Dakota Department of Tribal Relations back to the South Dakota Department of Education. Citing precedent, leadership declined to allow the minority party to use the vehicle bill, forcing him to table the amendment and leaving citizens who came to testify without a formal hearing.
Instead of remaining silent, Representative Emery used his time on the House floor to speak to the importance of transparency, respect, and meaningful dialogue in decisions affecting Tribal students and communities—ensuring the conversation on State-Tribal relations continues.
"Thank you, Mr. Speaker.I rise today not in opposition to Senate Bill 71 and not to debate itsmerits. I rise on a broader institutional concern, one that extends beyond this bill and beyond this session.
South Dakota is home to nine federally recognized Tribal Nations: the Oglala, the Rosebud, the Yankton, the Crow Creek, the Lower Brule, the Cheyenne River, the Standing Rock, the Flandreau Santee Sioux Tribes,and the Sisseton-Wahpeton Oyate.
These are sovereign governments. They are not advocacy organizations. They are not stakeholders in the traditional sense. They are governments whose jurisdiction, lands, and citizens are directly affected by many of the policies debated in this chamber.
And when we speak about sovereignty in this chamber, we often speak about our own — about state sovereignty, about federal overreach, about the Tenth Amendment, about our authority to govern ourselves. That same principle should guide our conduct.
If we expect our sovereignty to be honored, then we must demonstrate that we honor the sovereignty of the Tribal Nations within our borders.
We frequently reference “Tribal consultation.” It is a phrase we are comfortable using. But consultation must be more than a phrase — it must be a practice.
Consultation is not merely notification. It is not a courtesy email after a bill has already been introduced. It is not limited to two minutes of testimony once the legislative train has already left the station.
Meaningful consultation occurs before policy is set in motion — when there is still opportunity for dialogue, adjustment, and collaboration.
Again, I am not addressing the merits of SB 71.
But legislation that touches on federal authority, environmental review, infrastructure development, or sovereign immunity inherently intersects with Tribal lands and Tribal governance. Those intersections are not theoretical; they are practical and ongoing.
When consultation does not occur early and consistently, the consequences are predictable: strained relationships, distrust, and sometimes litigation. That is not good for the state. It is not good for the tribes. And it is not good for taxpayers. We can and should do better.
Institutional relationships should not depend on who happens to be in office. They should not depend on informal channels or personal relationships. They should be structured, predictable, and durable.
If consultation continues to exist primarily as a talking point rather than as an embedded legislative practice, then this body should be prepared to examine structural reforms that ensure it becomes routine rather than optional.
That is not a threat. It is not a criticism of any one member. It is an acknowledgment that strong governments create strong frameworks.
The nine Tribal Nations of South Dakota should not feel as though they are reacting from the sidelines while policy decisions are finalized. They should feel that their government-to-government relationship with this state is respected in both word and action.
We owe that to the long-term stability of this state.
We owe it to future legislatures.
And we owe it to the generations who will inherit the relationships we either strengthen or weaken here.
Mr. Speaker, I offer these remarks in a spirit of seriousness and institutional responsibility. Consultation must move from theory to consistent practice. When it does, this state will be stronger for it.
Woplia/Thank you."
Sarah Ann, Derrick Marks
