chippewa

Inland Treaty Rights on Interlochen Public Radio

Matthew L.M. Fletcher

Interlochen Public Radio has been filing stories on the ongoing story of Inland treaty rights.

Here’s the first report, from September: Sept 9, 2007

IPR interviewed a DNR spokesperson, Frank Ettawageshik (LTBB), and Hank Bailey (GTB).

Here’s a report on the Traverse City DNR Meeting: Oct 19, 2007

IPR recorded comments from the Harris brothers, who believe they somehow have no rights, rights they allege are guaranteed to them by virtue of being “white men.” IPR also interviewed Suzanne McSauby (GTB), Derek Bailey (GTB), and Kelly Smith (DNR), who had a more balanced view.

Representations of Michigan Indians in the Press

Matthew L.M. Fletcher

Nick Reo’s recent post on online posts written in response to the Inland settlement reminded me of a dissertation by Scott G. Sochay, “Newspaper Images of Native Americans: Michigan Newspaper Coverage of Treaties and Compacts Affecting Indians in the Territory and State of Michigan” (1998). The diss. covers the 1819Treaty of Saginaw, the 1836 Treaty of Washington, and the 1993 gaming compacts.

It’s a large document, but you can download it here:  Sochay Dissertation

Port Huron Favors Bay Mills Settlement Act

Matthew L.M. Fletcher2 Comments

From the Port Huron Times Herald: “Little by little, the odds for a Port Huron casino are beginning to improve. First, there was the important support U.S. Sen. Carl Levin gave the effort earlier this year, a setback to Detroit. Motor City officials have tried to block Port Huron’s bid, a development they view as a threat to Detroit’s three casinos.

“With new support from U.S. Rep. Patrick Kennedy, Port Huron’s casino effort marked another important sign of progress. The Rhode Island Democrat last week became a co-sponsor of H.R. 2176, legislation essential to Port Huron’s gambling facility.

“The bill seeks long-sought federal approval of a 2002 land trade between the state of Michigan and the Upper Peninsula’s Bay Mills Indian Community. The Chippewa band, based at Brimley, agreed to drop its claim to 110 acres of property at Charlotte Beach on the St. Marys River in exchange for the establishment of a new reservation on the property of Port Huron’s Thomas Edison Inn. The reservation would become the site of Port Huron’s Indian-run casino.”Despite his opposition to casino gambling, Gov. John Engler approved the deal. He did so largely because the Point Edward Charity Casino and Sarnia’s Hiawatha slot machines were drawing a substantial number of Americans who crossed the St. Clair River to gamble in Ontario. The Thomas Edison Inn casino would allow Port Huron to compete.”

Congrats to Bryan Newland

Matthew L.M. Fletcher1 Comment

We’ve been remiss in congratulating our co-contributor Bryan Newland who just passed the Michigan bar exam. He is joining the Dykema Gossett firm.

Here’s the list of passers: State Bar Exam July 2007 Pass List

And congrats to the rest of the passers as well.

LCC Talk — Son-Non-Quet Gould — Nov. 27

Matthew L.M. Fletcher

“HOW AMERICAN INDIAN TRIBES WERE POLITICALLY RECREATED IN THE 20TH CENTURY”

Or

“HOW AMERICAN INDIAN TRIBES CAME TO BE”

Presented by Son-Non-Quet Gould

Okema (Chief) of the Swan Creek Black River Confederated Ojibwa Tribes of Michigan

At this presentation Mr. Gould will examine the tribal policies of the 19th and 20th Centuries, and their ramifications for American Indians. He will be giving special attention to the Wheeler-Howard Act or the Indian Re-Organization Act of 1934.

Okema Son-Non-Quet (Gerald) Gould has taught American Indian Studies at Central Michigan University, Saginaw Valley State University and Lansing Community College (HUMS 225, Great Lakes Native American History and Traditions) and been a guest lecturer at the University of Michigan, Michigan State University, Mott College, the National Council of Social Studies, the Michigan Council of Social Studies, the State of Michigan and a Cub Scout Pack in Grand Ledge, Michigan. He is a graduate of Western Michigan University, former Fellow at Michigan State University in Native American Studies and Visiting Fellow at Harvard University on Michigan Indian Tribal Governments and Constitutions.

Mr. Gould is of Anishnaabeg (Ojibwa) ancestry, and is currently Okema (Chief) of the Swan Creek Black River Confederated Ojibwa Tribes of Michigan, a State Historic Tribe (de Lac Ste. Claire, Anchor Bay and Lac Nipissing Tribes of Michigan). He is also the Great-Great Grand Son of Okema Pay-me-quo-ung, (1813-1888), Tribal Chief of the Swan Creek Black River Ojibwa Tribe (Signatory to the Treaties of 1855 and 1864).

In his role as Okema, Mr. Gould has testified before the United States Senate Select Committee on American Indian Affairs and the U.S. House Resources Committee on American Indian Affairs. Mr. Gould is currently a thirty-two year senior staff member with the State of Michigan.

TUESDAY, NOVEMBER 27, 4:30 PM,

ROOM 205 B, A&S Building, LCC

(next to the Kennedy Cafeteria)

 

Presented by the CIIE, Center for International and Intercultural Education Office,

Dr. Stephen Appiah-Padi, Director

For more information, call the CIIE at 517-483-9963 or 483-1006 or email hayhoe@lcc.edu

Manoomin Project — Planting Wild Rice in U.P.

Matthew L.M. Fletcher

From Earthtimes.org:

(Marquette, Michigan) – Teenagers planted wild rice on Saturday in a four-year effort to restore the grain to northern Michigan with help from American Indian guides.

Delayed six weeks due to a severe drought that hampered Midwest wild rice production, at-risk teens on Saturday (November 3, 2007) planted several miles of the Dead River near Marquette beating a snowstorm that arrived Monday afternoon.

The groundbreaking Manoomin Project has teamed hundreds of at-risk teens with American Indian guides who have planted over a ton of wild rice since the summer of 2004 .

Manoomin means wild rice in Ojibwa.

Wild rice disappeared from Michigan over a century ago and is a vital part of Native American ceremonies and traditions.

“You are the first ones to bring wild rice back to the area,” the teens were told by American Indian guide Dave Anthony of Marquette. “I am pleased that you are here and what you are doing today is very important.”

“This is very, very significant, this is a gift from the creator, it’s food grown on the water,” said Anthony, who attends Northern Michigan University (NMU) and belongs to the Little Traverse Bay Bands of Odawa (Ottawa) Indian based in Harbor Springs, MI. “Wild rice is the original North American grain and is very nutritious.”

The importance of the project was not lost on the teens who picked up a few Ojibwa words.

“Megwiich,” said Danny Carello, 13, of Ishpeming saying “thank you” to nature in Ojibwa while carefully tossing wild rice seeds into a small pond along the Dead River.

Court Approves Inland Settlement

Matthew L.M. Fletcher

From the AP: “A federal judge signed an agreement between the state of Michigan and five Indian groups on Monday giving the tribes the power to issue their own hunting and fishing licenses and write their own regulations.”U.S. District Judge Richard Enslen’s decree was the final step resolving a four-year-old lawsuit rooted in decades of debate over the meaning of tribal rights in modern times. It acknowledges the tribes’ rights under an 1836 treaty.”

Bay Mills Charlotte Beach Land Settlement Bill Update

Matthew L.M. Fletcher2 Comments

From the Port Huron Times Herald: “Stupak’s bill is the latest of several attempts to win congressional and presidential approval of the Aug. 23, 2002, land swap approved by then-Gov. John Engler and Bay Mills, a Chippewa band based at Brimley in the eastern Upper Peninsula.“The tribe gave up its long-standing claim to 110 acres of property at Charlotte Beach, a community on the St. Marys River, in exchange for a reservation on the 15-acre Thomas Edison Inn property in Port Huron.”

Details about H.R. 2176 are here.

Bay Mills’ claim against the State of Michigan in regards to Charlotte Beach was dismissed in 2001 by the Michigan Court of Appeals. The opinion is here.

Little Traverse Bay Bands et al. v. Great Spring Waters & Engler

Matthew L.M. Fletcher

In 2002, the three Michigan Ottawa tribes sued Great Spring Waters & Governor Engler over the State’s granting of rights to take millions of gallons of water from mid-Michigan’s water table — a sweetheart deal if there ever was one. The tribes sued under the Water Resources Development Act of 1986, but there was no cause of action and the district court dismissed the action. The tribes did not appeal.

Here is the motion to dismiss: Motion to Dismiss

Here is the Tribes’ response, plus an exhibit: Response Brief + Exhibits

Here is the reply brief: Reply Brief

Here is the order dismissing the case: Opinion

The tribes chose not to bring claims based on the treaty rights they had established in United States v. Michigan. At some point, we expect tribes to bring treaty claims in the environmental protection context — see our MSU Law Review paper.
There has been a fair amount of scholarly commentary on the case, such as this student note in the Columbia Law Review and this paper in the Vermont Journal of Environmental Law.

Winona LaDuke to Visit Ann Arbor — Nov. 12

Matthew L.M. Fletcher

Sponsored by: The Office of Multi-Ethnic Student Affairs and the Trotter Multicultural Center as part of

Native American Heritage Month

 

Winona LaDuke

 

United Nations Declaration on Rights of Indigenous People

 

November 12, 2007

7:00-8:30PM

 

Trotter Multicultural Center, Lounge

1443 Washtenaw Ave.

(10 minute walk from Diag)

 

Winona LaDuke is an Ojibwe activist, environmentalist, economist and writer. In 1994, Time Magazine named LaDuke one of the nation’s 50 most promising leaders under the age of 40.

LaDuke was named Woman of the Year by Ms. Magazine in 1997 and won the Reebok Human Rights Award in 1998. Additionally, she ran as the Green Party’s vice presidential candidate in 1996 and 2000 with Ralph Nader.

At the age of 18, she addressed the United Nations for the first time and we are fortunate enough to have her with us as she offers some of her thoughts on the significance of the United Nations Declaration on the Rights of Indigenous Peoples.

 

The flyer is here: Winona LaDuke Flyer