Michigan Indian

Law Stories Series: “Truck Stop”

Matthew L.M. Fletcher

My contribution to the UMKC Law Review‘s “Law Stories” series — “Truck Stop” — is available for download on SSRN. Here is the description:

Every American Indian person – repeat, every American Indian person – is related to or knows someone or is someone who has been adopted out of or removed from their reservation family. A significant percentage of each recent generation of American Indian people has grown up among strangers, either adopted by non-reservation families or force-fed through a state foster care system. This is, of course, one of the fundamental issues Congress hoped to address when it enacted the Indian Child Welfare Act in 1978. This fictional narrative is my take on what it means for an Indian person to lose their family – and to regain it much, much later.

Keno Case Settled

Matthew L.M. Fletcher

From the Traverse City Record-Eagle:

TRAVERSE CITY — A settlement in a three-year-old lawsuit between the state and two northern Michigan Indian tribes will reduce Michigan’s cut of tribal gambling money, but will shake loose millions in escrowed state revenue.

The Little Traverse Bay Bands of Odawa Indians in Petoskey and the Little River Band of Ottawa Indians in Manistee approved a settlement with the state to end a long-running dispute over the Michigan Lottery’s Club Keno game.

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Coaster Brook Trout and U.P. Sulfide Mining

Nick Reo1 Comment
The proposed sulfide mining operation named the “Eagle Project” by the Kennecott Mining Corporation is staunchly apposed by the Keweenaw Bay Indian Community as well as several U.P. community and conservation groups. Critics contend that the proposed project represents a significant threat to natural and cultural resources, stands to provide a meager amount of tax revenue to the state and a huge profit to Kennecott. It is now recognized that there may be significant deleterious effects on the Coaster Brook Trout. Coaster Brook Trout 90 Day Finding

 

Above link is an advance copy of the FWS positive 90 day finding relating to the coaster brook trout.

The US Fish and Wildlife Service determined that the petition as supplemented provided sufficient information to conclude that listing the US population as endangered may be warranted. FWS will now begin a status review, with a public comment period that runs through May 19: requests for public hearings must be received by May 5.

Cross-Deputization Concerns in Manistee

Nick Reo

Glenn Zaring, Communications Director of the Little River Band of Ottawa Indians, recently wrote an article for the Ludington Daily News regarding the reluctance of Manistee County to cross-deputize and work cooperatively with LRB law enforcement. He poses some important questions in the article that highlight some of the divisive issues in the region

http://www.ludingtondailynews.com/news.php?story_id=39440#comments

EXCERPT: 

For years now, the controversy over cross-deputization of tribal police officers in Michigan has been swirling here in Manistee County. Not in other areas, just here! The 11 other tribes in Michigan have good relations with their local law enforcement authorities and are cross-deputized. They are also integral components of the law enforcement picture protecting and serving all of their counties’ residents. County prosecutors and sheriffs welcome the assistance of tribal law enforcement officers in maintaining law and order and defraying the costs that would otherwise be borne exclusively by county taxpayers.

Why is Manistee County so far out of the mainstream? Why has Manistee County ignored the wishes of the U.S. Attorney General’s office to cross-deputize the officers of the Little River Band of Ottawa Indians? Why does the county believe the accepted and successful practice across the state of cross-deputizing tribal officers cannot work here? Why do the Manistee County Commissioners and sheriff want to ignore the opportunity to expand the abilities of law enforcement to serve all of the county residents — at no cost to the county?

DCT Dismissal of Coalition to Defend Affirmative Action Claim

Matthew L.M. Fletcher

Here’s the opinion.

Grand Traverse Band Opposition to Michigan Water Withdrawal Legislation

Matthew L.M. Fletcher

Thanks to Bill Rastetter.

GTB Letter to House

GTB Letter to Senate

Saginaw Chippewa Tribe to address U of M Board of Regents regarding Ancestral Remains held by U of M

ilpc

From the email announcement:

CALLING OUT FOR SUPPORT!

The Saginaw Chippewa Indian Tribe (SCIT) was just notified that
a request was granted to address the University of Michigan’s Board of
Regents during their meeting TOMORROW, Thursday, March 20. The meeting
will begin at 3pm in the Regent’s Room of the Fleming Administration
Bldg. in Ann Arbor, Michigan.

Joseph Sowmick, SCIT Public Relations Director, will read a
5-minute statement during the Public Comment session regarding the 1,200
or more “culturally unaffiliated” ancestral remains and their associated
funerary objects that are being held by the University of Michigan.

The Saginaw Chippewa Indian Tribe is asking for a unified
mobilization of support from all Anishinabe people. MACPRA
representatives and Ogitchedaw (George Martin will be present with his
Eagle Staff) are strongly encouraged to attend. All interested peoples
who support the return of our ancestral remains, please join us.

We are planning to meet in the plaza between 2-3pm in front of
the Fleming Administration Bldg. located on Thompson St. All present
will not be able to go into the Regent’s Room, but a delegation of
support can be present in the plaza.

GTB Election Preview

Matthew L.M. Fletcher

From the Leelanau Enterprise:

Three candidates have tossed their hats into the ring to serve as tribal chairman of the Grand Traverse Band of Ottawa and Chippewa Indians.

In addition, 21 other tribal members are running for three seats on the Tribal Council.

The GTB will hold a Primary Election on April 9 to narrow the field of candidates to two running for tribal chairman and six running for seats on the Tribal Council. The Regular Election is slated to be held on May 21, with newly elected or re-elected officials taking office the following day.

Tribal Election Board chairman Sam Evans said that the deadline for candidates to declare their candidacy was March 3. He explained that a list of candidates will not be available until after March 17, the deadline for completing a background check of all candidates. The background check, which includes fingerprinting, eliminates any convicted felons from running for office.

Although no candidate list was available this week, it’s clear that at least one incumbent tribal councilor, Derek Bailey, is hoping to fill Tribal Chairman Robert Keywaygoshkum’s seat. Lawn signs declaring Bailey’s candidacy for tribal chairman have appeared along roadways near the reservation in Peshawbestown. Bailey’s four-year term as a tribal councilor is slated to expire in May.

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House Judiciary Committee Hearing re: BMIC & Sault Tribe Bills — Witness List and Testimony

Matthew L.M. Fletcher

From the House Judiciary Committee website:

The Honorable Carolyn Cheeks Kilpatrick
U.S. House of Representatives
Michigan, 13th District

Chief Fred Cantu
Saginaw Chippewa Tribe of Michigan

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US v. Gabrion — Federal Criminal Jurisdiction in Manistee National Forest

Matthew L.M. Fletcher

Here is the opinion in US v. Gabrion. It raises an interesting question whether there is federal criminal jurisdiction in national forests. The court, 2-1, found that the US does have criminal jurisdiction over national forest lands, in this case, the Manistee National Forest. Judge Moore’s concurring opinion delved into federal Indian law in response to the appellant’s claim that state and federal concurrent jurisdiction over national forest lands was a violation of equal protection (it isn’t — just ask an Indian):

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