Five Native American tribes expressed opposition to a proposed bill in the Oklahoma state legislature designed to protect poultry producers in the state from legal action over environmental issues.
House Bill 4118, drafted by Rep. David Hardin, R-Stilwell, would grant “statutory immunity from nuisance liability” to poultry growers, operators, integrators and waste applicators, as long as they had a state-approved Nutrient Management Plan, and were in compliance with that plan.
Hardin himself is a citizen of the Cherokee Nation, one of five tribes opposed to the measure, which passed the Oklahoma House and has been advanced to the Senate.
Expressing concern about the legislation is the Inter-Tribal Council of the Five Civilized Tribes, which represents the Cherokee, Chickasaw, Choctaw, Muscogee (Creek) and Seminole tribes.
The group on March 18 wrote a letter to Sen. Brent Howard, R-Altus; Sen. Pro Tem Greg Treat, R-Oklahoma City; and Senate Floor Leader Greg McCortney. Howard is the principal Senate author of the bill.
In that letter, the council states that the tribes are “deeply committed to the protection of the land, waters and people” on their reservations.
“We have always supported and honored the work of poultry farmers and the agriculture industry. Like any industry, they also have a responsibility to be good neighbors who avoid polluting waters relied on by the whole community. That is why current Oklahoma law prohibits the discharge of poultry waste into the waters of the state,” the letter read.
“By removing this common-sensical prohibition, shielding poultry polluters from liability, and replacing these protections with vague rules to be developed by a relatively small state agency, HB4118 could damage Oklahoma’s ability to keep our waters clean. The State Department of Agriculture lacks the capacity to inspect and enforce Nutrient Management Plans across the entire state, and the agency’s historic oversight of nutrient management has not proven adequate to protect water quality and ensure best practices across Oklahoma.”
The letter is signed by Bill Anoatubby, Chickasaw Nation governor; David W. Hill, Muscogee (Creek) Nation principal chief; Gary Batton, Chocktaw Nation chief; Chuck Hoskin Jr., Cherokee Nation principal chief; and Lewis J. Johnson, Seminole Nation of Oklahoma chief.
