Demand Idaho end permitting rules for Megaloads because it is a Federal Duty, not a subordinate, state's privilege!

  • by: Yox Kalo
  • recipient: Ramón S. Hobdey-Sánchez, Idaho Governmental Affairs Program Specialist, Idaho Transportation Department, 3311 W. State Street, PO Box 7129, Boise, ID 83707-1129, Phone: (208) 334-8810 ramon.hobdey-sanchez@itd.idaho.gov

We demand that Idaho withdraw this proposed state rule because it will be moot - as this falls under the Federal Duty to consult with the Tribe under the Treaty of 1855 and Executive Order 13175 and other Federal laws. The Idaho Transportation Department wants to establish permitting “rules” for allowing "overloads" commonly referred to as Megaloads to feed the Tar Sands Oilfields industry, among other industries, through the 1855 Treaty Territory of the Nez Perce Tribe. Idaho admits that the "United States Forest Service has the duty to regulate oversize loads traveling through the Nez Perce – Clearwater Forest.”  Idaho should only recognize the duty of the Federal Government to regulate any highway traffic after meaningful government-to-government consultation in accordance with Nez Perce Tribe protocol, the 1855 Treaty with the Nez Perce, and any and all applicable Federal rules, regulations, and laws.  Any type of chemical or petroleum spill inside the 1855 treaty boundaries will have effects on the Lochsa, Clearwater, Snake and Columbia River systems which involves consultation with numerous tribes. A state “rule” cannot be superior to a Federal responsibility to consult with the Nez Perce Tribe with regard to commercial traffic traveling through the Nez Perce Tribe's 1855 Treaty territory.

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