The Coeur d'Alene Tribe is calling bunk on a claim by the Benewah County prosecutor that tribal members don't have the right to hunt on reservation land owned by non-tribal members.

"Any explanation or advice to people that tribal members can't hunt and fish anywhere on the reservation is wrong, and potentially dangerous," said Helo Hancock, Tribe spokesman. "I think it misleads people, and could lead to people getting into a conflict situation."

But Benewah Prosecutor Doug Payne is poised to continue the standoff, and, hoping for federal assistance, has invited Idaho's U.S. attorney to a public meeting on the matter next Tuesday in Plummer.

"What's been overlooked in this long debate has been the crimes committed by tribal members against non tribal members," Payne said. "We're seeking the help of the U.S. government to sort his out."

In his 17 years as prosecutor, Payne said, he has received occasional calls each year from property owners upset over tribal members trespassing and hunting on their land.

Much reservation property is owned by non-tribal members, he reminded, thanks to federal measures in the late 19th century that resulted in the sale of property previously designated for the Tribe.

In recent years, Payne said, complaints have increased of tribal members trespassing on private land on the reservation.

"I've averaged for the last 10 years probably half a dozen complaints a year from landowners who say, 'They came right in my yard and they shot at elk,'" Payne said.

All he can tell them, he added, is there's nothing he can do.

The state and county have no jurisdiction over tribal members, he explained.

"I spoke with the tribal attorney," he said. "I've been told and told, 'We can do this.'"

Payne doesn't believe that's true, he added. He cites a 1960 opinion by the Solicitor General of the Department of the Interior, stating that the executive order that created the Coeur d'Alene Indians' reservation didn't reserve them the right to hunt and fish on the land.

Payne wants to bring in the Idaho U.S. attorney to look into the matter, he said, because the federal government has authority to prosecute tribal members who violate state law, under the Assimilative Crime Act.

"They (property owners) are asking the question I can't answer, if the U.S. will enforce tribal trespass?" he said.

Hancock said Payne is spreading damaging misinformation.

The Tribe does have the right to hunt on all reservation property, Hancock insisted, adding that the 1960 opinion Payne referenced was overturned by a 1968 Supreme Court case, Menominee Tribe v. U.S.

"It's kind of like saying, 'We liked the law before Brown v. Board of Education, no matter what the Supreme Court says,'" Hancock said of Payne's legal interpretation.

Hancock has never heard of any conflicts between tribal hunters and private property owners, he added.

"I think there's mutual respect," he said. "For example, Black Rock is located within reservation boundaries. But you don't hear about instances of elk being shot on the ninth hole."

And though some have expressed concern that hunting could happen on the proposed new site for Camp Easton, located on reservation land, Hancock assured tribal hunters would be respectful of the boys' safety.

Tribal members hunt about as much as other folks in the region, Hancock said.

"They have seasons, just like everybody else," he said.

Payne said he will have to analyze the Menominee case, but he is wary.

"One thing is very important to keep in mind in Indian law," he said. "It's very specific, reservation by reservation."

Idaho U.S. Attorney Wendy Olson said her priority is to gather facts at next week's meeting, and ensure that all affected parties are represented.

"We'll assess the facts, determine what roles we have to play and provide what guidance we can," she said.

Jurisdiction issues over Native American property is often complex, Olson noted, adding that she will be at the meeting just to listen.

"I think it's important for everyone who attends to approach this in a rational manner and open mind to make sure we get all the facts and find a solution that's best for everyone," she said.

The public meeting is scheduled for 6:30 p.m. at the Plummer Community Hall.

The Coeur d'Alene Tribe owns about 3,500 acres in the reservation, Hancock said, which is about 25 percent of the reservation. The remainder is state, federal and privately owned.

The Kootenai County Sheriff's Department has never received calls about conflicts between tribal hunters and property owners, said Maj. Ben Wolfinger.

"I haven't seen it to be an issue," he said.

County Prosecutor Barry McHugh also said he hasn't heard any complaints on the matter.

He isn't familiar enough with the legal details of the situation to weigh in his opinion, he added.

Hancock said tribal members hunting on reservation land is common sense.

"Isn't that why reservations were established in the first place?" he said.