From the Leelanau Enterprise (H/T Indianz):
The Bureau of Indian Affairs (BIA) has finally processed the paperwork required to place 14 parcels totaling 132 acres of land “in trust” for the Grand Traverse Band of Ottawa and Chippewa Indians.
From the Leelanau Enterprise (H/T Indianz):
County receives 10 applications for aid from tribal program.
Requests for “2-percent” casino revenue funding from the Grand Traverse Band of Ottawa and Chippewa Indians will be considered for endorsement by the Leelanau County Board of Commissioners at the board’s executive committee next week.
From Indian Country Today:
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Photos by Theresa Keshick — Pictured are the signatories of the commemorative signing of the 2007 Inland Consent Decree between five tribes – Little Traverse Bay Bands of Odawa Indians, Little River Band of Ottawa Indians, Bay Mills Indian Community, Grand Traverse Band of Ottawa and Chippewa Indians and the Sault Ste. Marie Tribe of Chippewa Indians – and the Michigan Department of Natural Resources and the U.S. government Oct. 25. More than 100 people were present to witness the signing. (Below) Some of the signatories included Alice King Yellowbank, member of the Little Traverse Bay Bands Tribal Council; Little Traverse Bay Bands of Odawa Indians Chairman Frank Ettawageshik; and Albert Colby Jr., tribal administrator of the Little Traverse Bay Bands of Odawa Indians.
Indian Country Faces and Places welcomes your submissions. Send your high resolution photographs and a short description to photo@indiancounty.com and place ”Faces and Places” in the subject line.
The new issue of Red Ink just arrived in the mail. I have a short story in this edition, Thinking about What I’ve Done. It’s about Indian lawyers, sorta.
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.
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.
Here’s the full text of the bill.
And here’s the link to the testimony in the House Resources Committee on October 3, 2007.
Jim Keedy of Michigan Indian Legal Services testified. As Jim notes in his testimony, MILS has assisted numerous Michigan tribes in their federal recognition efforts, including Pokagon Band, Little Traverse, Little River, Lac Vieux Desert — and Grand Traverse Band, the first tribe recognized under the Federal Acknowledgment Process, 25 C.F.R. Part 83 (then Part 54). MILS is now representing the Grand River Band of Ottawa Indians in their attempt to become federally recognized. Their petition is complete, but as Jim Keedy testified, it will be 15-20 years before the Bureau of Acknowledgment and Research will place their file on active review.
From the Leelanau Enterprise: “Leelanau County Family Court Judge Joseph E. Deegan last week ordered that the parents of three children who are members of the Grand Traverse Band of Ottawa and Chippewa Indians must refrain from giving their children hallucinogenic peyote as part of Native American religious rituals.”
This appears to be an emerging issue in Michigan and perhaps elsewhere. Naturally, these cases arise when the families split and custody and visitation questions are decided in court. Interestingly, because there is relatively little trust land in Michigan, I would imagine that few (if any) of these cases are heard in tribal court. I wonder if the outcomes would be different.
From the Leelanau Enterprise:
Tribal officials have unveiled plans to build a 129 to 135-slip municipal marina in Peshawbestown that could be open for business as early as the 2008 boating season.
The Tribal Council of the Grand Traverse Band of Ottawa and Chippewa Indians took actions last week that could pave the way for the dredging and construction project to begin before the end of this year.
From the Leelanau Enterprise: “‘The tribe [Grand Traverse Band] has always been a good steward of the land,’ Bunek said, ‘and I’m glad that the 1836 treaty has been clarified so that there are no more rumors out there about what people are and are not allowed to do.'”
No quotes from any tribal members in this article — that’s unfortunate.
Turtle Talk 
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