Gabe Allen : UW Profits from Tribal Lands: Native Student Rights?

by Gabe Allen, WyoFile

In the outskirts of the quaint Carbon County village of Mcfadden, a dusty track meanders towards an uneven grassy meadow. The herd from Sim’s Cattle Company pauses here to graze for a week or two annually. At the northern edge of the meadow, a pumpjack tirelessly extracts oil for Rock River Operating. Four miles to the east, 66 wind turbines generate electricity for the colossal electric utility PacifiCorp.

All three operations—the cattle herd, the petroleum pumpjack, and the wind turbines—function on state land. These parcels, along with many others across the state, are part of a trust that benefits the University of Wyoming. Lease payments of up to $1 million per year flow through the Office of State Lands and Investments into the university’s funds.

It’s a crucial revenue source for the state’s sole public four-year university, but it has a complex history.

Between 1851 and 1868, the United States acquired large portions of what is now Wyoming from eight tribes, including the Eastern Shoshone and Northern Arapaho tribes of the Wind River Reservation.

“It was taken in violation of treaty obligations,” as expressed by Northern Arapaho Director of Education Sergio Maldonado.

When Wyoming joined the Union in 1890, the federal government allocated nearly 3.5 million acres of this land to fund public schools in the state. The majority went to a trust for K-12 education, while a smaller portion—219,000 acres, slightly larger than New York City—was designated for the University of Wyoming.

According to data obtained by Grist and shared with WyoFile, tribes were compensated $682.84 for the UW state trust parcels, equivalent to around $20,000 today. In many cases, no compensation was provided. However, 150 years later, the university continues to benefit from these lands. Over the past five years, the trust has generated an average of $1.1 million per year from leases such as those in Mcfadden.

This land is distinct from the 90,000 acres granted to UW by the federal government through the Morrill Land Grant College Act of 1862, which served as initial capital for the institution. Recent interest in the Morrill Act has sparked discussions about the university’s ethical responsibilities towards the state’s Native American residents. Meanwhile, the university still profits from a broader land donation.

Tuition waivers

In recent years, the University of Wyoming has taken steps to support tribes. The establishment of the Native American Education, Research and Cultural Center in 2017 under then-President Laurie Nichols provides Indigenous students with a space to gather and learn.

“Many of our students experience a culture shock when they leave the reservation for school,” shared Eastern Shoshone Education Director Harmony Spoonhunter. “The center is really helping our students succeed and creating a comfort zone for them.”

In the same year, the university introduced the Native American Summer Institute, bringing high school students from the Wind River Reservation to UW for a six-day campus experience each summer.

However, the university has yet to offer a fundamental benefit: a tuition waiver. The Northern Arapaho Business Council first requested a waiver in 2018, and since then, both tribes have advocated for the university’s leadership and board of trustees to consider covering costs for Eastern Shoshone and Northern Arapaho students.

Many other state schools, including the University of Montana and the University of Minnesota, now provide full tuition waivers for some Indigenous students. Yet, the conversation in Wyoming has only led to vague commitments for further discussion.

During a recent meeting of the Wyoming Legislature’s Select Committee on Tribal Relations, tribes brought up the issue. Sen. Affie Ellis (R-Cheyenne) acknowledged the committee’s need to address the tribes’ requests but cautioned against viewing a tuition waiver as a definitive solution.

“Native Americans are underrepresented in higher education, and tuition is just one aspect of that conversation,” Ellis, who is of Navajo descent, stated. “There’s a lot of information we need to sort through as we continue this discussion on enhancing Native students’ access to college.”

Meanwhile, Indigenous student enrolment at the University of Wyoming remains low. This year, only 307 out of over 8,250 undergraduate students, less than 4%, identified as American Indian or Alaskan Native.

Patchwork

In 2010, Victoria Capitan-Posey graduated from Wind River High School and received a grant from the Eastern Shoshone Education Department to attend Central Wyoming College. While the grant covered tuition, she still had to work to make ends meet. Subsequently, she became pregnant and had to stop attending school to focus on supporting her child.

“The funding was a significant help. I got to experience college life, but I never got to complete my education,” she shared.

Fourteen years later, Capitan-Posey now oversees scholarships as the Eastern Shoshone Education’s administrative assistant. She encourages students to stay in school and complete their degrees, something she still aspires to do. The department awards $7,500 per semester to undergraduate students, but there isn’t enough funding to cover all applicants.

“We have to turn down applicants,” education coordinator Trish Hill mentioned.

There are three primary scholarship funds benefiting Native American students from the Wind River Reservation. The Chief Washakie Memorial Endowment supports Eastern Shoshone students, while the Northern Arapaho Endowment and Sky People Higher Education, established by the Northern Arapaho Tribe, assist Northern Arapaho students. This year, around half of the applicants for these scholarships received funding. Research presented to the Select Committee on Tribal Relations by University of Wyoming College of Law student Alyson White Eagle indicated that the scholarships covered only 43% of the recipient’s total need.

Following White Eagle’s presentation, UW assistant professor and High Plains American Indian Research Institute Director Tarissa Spoonhunter shared stories of highly motivated Indigenous students at UW struggling to make ends meet. One student, who received partial funding from the Chief Washakie Memorial Endowment, is pursuing a degree in Kinesiology while working 40-hour weeks.

Financial hardships remain the biggest barrier to higher education for students from the Wind River Reservation, according to White Eagle’s research. While some students manage to secure funding through scholarships, work, and family support, others face challenges.

In the 1970s, Maldonado obtained a bachelor’s degree, splitting his studies between Central Wyoming College and Brigham Young University. As a high-achieving student, he received mentorship from older academically inclined members of the Northern Arapaho tribe.

“They arranged accommodation, covered my tuition and book costs,” he recalled. “They created a positive environment that was beneficial for me.”

Today, Maldonado holds a Master’s of Arts in education from Arizona State University and is completing a Ph.D. at the University of Wyoming. He has passed on his work ethic and passion for learning to his children. His youngest daughter received funding from the tribe to complete a bachelor’s degree at Idaho State and is currently pursuing a graduate program at the University of California, Berkeley.

However, Maldonado’s story is one of exceptional academic drive and exceptional levels of community and family support.

“How many students have that kind of support system?” Maldonado pondered, referring.

long-tailed UW makes millions from ancestral tribal lands. What does it owe Native American students?.