Mich. DNR to Hold Public Meetings on Indian Settlement

From the Ironwood Daily Globe: “The Michigan Department of Natural Resources has planned a series of nine public meetings to discuss the recent Treaty of 1836 agreement on hunting, fishing and gathering rights that pertains to five Michigan Indian tribes.”

And Yet More Press Coverage of Inland Settlement

From the Detroit Free Press: “Some people argue that Indians who exercise their treaty rights should be required to use only the fishing and hunting gear available in 1836. But the treaty doesn’t say that, and if you read histories of northern Michigan in the 1830s, when Sault Ste. Marie was a much bigger town than Detroit, you’ll realize that the Indians already had a fairly substantial commercial net fishery going to supply the needs of their tribesmen and the white settlers.”

Gatherer’s Rights under the Inland Settlement

http://www.freep.com/apps/pbcs.dll/article?AID=/20071007/NEWS06/710070683

New rules on gathering seen as an attack on Indians’ way of life

ST. IGNACE — Standing in a field with the Mackinac Bridge as a backdrop, Tony Grondin scatters loose tobacco on the ground.

He mutters a prayer in Anishinabewoon under his breath, thanking the life he is about to take for its gift. With a knife, he makes a deft, bloodless cut and then gently holds up his prey: branches of a nannyberry bush.

Grondin, 58, is a gatherer for his tribe, the Sault Ste. Marie Chippewa. From boiled bear fat (used as a salve) that he renders himself to porcupine pelts picked clean by beetles, he provides medicine and ceremonial items for the tribe’s healers. But he said his gathering is at risk, after five tribes and the state signed an agreement that restricts it.

“It’s wrong,” he said.

And he may flaunt the new rules.

Grondin said he treats all forms of life with dignity. Much of his knowledge of the woods and waters of the eastern Upper Peninsula was absorbed from elders and relatives who taught him. He will take the branches to his garage for drying, along with hundreds of other things he’s preparing.

Grondin isn’t just a gatherer; he’s a prodigious hunter, tracker, fisherman, trapper and taxidermist who tans his own hides. He makes unprocessed tobacco for ceremonies. He builds drums from tanned deer hides stained with dye he makes from walnuts.

When he harvests birch bark, he is careful not to kill the tree. When he harvests a plant or kills an animal, he uses every scrap.

Under the new agreement, Grondin — for the first time in his life — needs a permit to gather. The deal restricts him to certain state lands and limits what and how much he can gather. He must make reports on what he has picked or cut.

The rationale is to conserve nature’s resources, but he doesn’t buy it.

“We have been preserving them forever,” he said. “It baffles my mind to get permits.” Having someone dictate where elements of a medicine are gathered could render it useless. “A healer could reject it,” he said.

Living in 2 worlds

Grondin is a tall, silver-haired man. He thinks before he speaks.

Born and raised in St. Ignace, the city on the Upper Peninsula side of the Mackinac Bridge, Grondin has traced relatives back to the 1600s. His grandfather owned Rabbit’s Back, a lumpy chunk of land on Lake Superior where the tribe’s newest casino sits. His father taught him the Anishinabewoon language and how to gather.

He inhabits parallel worlds. He was raised Catholic, flies an American flag and won a Purple Heart as a U.S. soldier in Vietnam. He worked for the state highway department until retirement. The kitchen of the family home, which is not on a reservation, is decorated in an apple motif.

But in his study, the Indian half of his life unfolds. A gnarling bear on the wall is surrounded by seven majestic deer heads and a stuffed hawk, bobcat, fox, raccoon and weasel. Beautifully tanned pelts of coyote, badgers, beavers, skunks and deer hang in a corner. From a closet he pulls the elaborate outfit he wears at powwows, which he fashioned partly from the head, claws and feathers of a bald eagle killed by a car.

Gathering is more than roots and berries for Grondin. He gets excited when he comes across fresh roadkill — a possum, raccoon or a rabbit — that’ll soon be in his freezer. He saves the animals’ toenails for rattles.

Grondin’s garage, too, is a place of wonder: a cave of powerful sweet smells and odd bits of hairy flesh scattered among things like his Sears riding mower and red tool chest.

Every corner holds a surprise. There is a jar of rendered bear fat he boiled himself, moose hooves from Canada, bear claws with hair still stuck to them in a baggie and beetles feasting on the underside of a porcupine pelt on the floor. Dried sage and sweetgrass hang in bunches from the ceiling.

He gathers cedar bark to sheath the roof of a tepee at the local American Indian museum. Cutting cedar bark will kill the tree. He typically takes about 10 cedars a year, he said, using leaves for tobacco, milling the wood for drums and turning the tiniest branches into buttons for ceremonial shirts.

“My dad taught me all this,” he said. “Our culture teaches us to take what we need, and leave the rest for others.”

Reasons for a change

The Sault tribe’s 23,000 adult members are voting until Oct. 17 on whether to approve the hunting-fishing-gathering agreement with the state; ballots went out the last week in September. Until the voting ends, said tribal spokesman Cory Wilson, the tribe has no comment.

The state sought the rules on gathering so tribes could have access to what they need, but would work with local forest managers on where and when to get it, said Mary Dettloff, spokeswoman for the Department of Natural Resources.

“We’re permitting them to do it, but asking their cooperation,” she said. “You can’t just go into the forest and cut down the trees.”

Frank Ettawageshik, chairman of the Little Traverse Bay tribe near Petoskey, said the agreement gives the tribes certainty that their hunting, fishing and gathering rights under a 1836 treaty with the U.S. government will be honored. He said the gathering rules would help protect resources for coming generations.

Grondin disagrees.

“I hope our tribe rejects it,” Grondin said. “Whatever the tribe requires, I’ll do. But I will still gather where I want.”

This is a very interesting story, but if the only problem is that tribal gatherers and hunters need a permit, I’m not sure it’s compelling. I don’t see the Inland settlement doing anything but guaranteeing the right to gather, subject to tribal regulations. If Soo Tribe members want to reject the settlement, that is their prerogative, but the alternative likely is costly and (possibly disastrous) litigation.

However, though it isn’t as spectacular a story as the Makah whaling controversy, the possibility that some Michigan Indians will reject the Inland settlement is similar to that case, where tribal people harvested a whale in violation of tribal and federal law. The notion of tribal people rejecting treaty rights and their various interpretations by courts, tribes, and non-Indian governments in favor of “pre-treaty” rights is an interesting legal, historical, and political question.

Leelanau Enterprise Article on Inland Settlement

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.

More Coverage of Inland Settlement

Muskegon Chronicle: “It is noteworthy that groups traditionally opposed to the terms of past settlement proposals seem to have resigned themselves to the inevitability of this deal, which gives neither American Indians nor non-tribal sporting interests all they want. Rebecca Humphries, director of the Michigan Department of Natural Resources, in announcing the agreement, said it will ‘provide stability and predictability in an area of former legal uncertainty.'”

George Weeks on Inland Treaty Rights Settlement

From the Escanaba Daily Press: Treaty gets historic clarification

By George Weeks

DETROIT — Much was made of last week’s historic deal between General Motors and the United Auto Workers that reflected current economic realities 70 years after a 44-day strike led to the UAW gaining power to bargain exclusively with GM on wages and working conditions.

More historically significant, after about 170 years, was last week’s recognition/regulation agreement that at long last clarifies how five tribes can exercise fishing and hunting rights under the 1836 Treaty of Washington that ceded about 13.9 million acres in the northern Lower Peninsula and the eastern Upper Peninsula.

The treaty, covering about 37 percent of the state’s land and water, was the single largest cession of land to the federal government by the first people of Michigan, and led to statehood in 1837.

As with the GM-UAW deal, the hunting/fishing agreement has some good for both sides and represents a reality check.

The reality is that although U.S. District Judge Noel Fox ruled in 1979 that “Indians have a right to fish today wherever fish are to be found within the area of cession,” there has been what Department of Natural Resources director Becky Humphries calls “legal uncertainty.”

Fox said: “The mere passage of time has not eroded, and cannot erode the rights guaranteed by solemn treaties that both sides pledged on their honor to uphold.”

But there was prolonged controversy because of conflicting court cases and interpretations of a 1985 consent decree setting tribal and non-tribal fishing zones in portions of Lakes Superior, Michigan and Huron.

During the legal battles, especially in the early days, there was animosity and occasional violence between tribal and sports fishers.

While tribes will get longer hunting seasons for some game, and have other benefits over non-tribal hunters, Marquette-based Jim Ekdahl, the Upper Peninsula DNR director and key negotiator on the agreement, said, “Michigan’s natural resources will not be compromised.”

In some tribes, only a small percentage of members hunt or fish — a far cry from earlier times when fish were needed for subsistence. Fishing was part of a way of life and a major factor in the formation, migration, and settlement pattern of Native Americans.

Treaty fishing controversies in no small part led to what is now a major economic factor for the tribes and the state — Indian casinos.

In fact, it was a catalyst for the organization and federal recognition of such tribes as the Sault Ste. Marie Tribe of Chippewa Indians and the Grand Traverse Band of Ottawa and Chippewa Indians (GTB).

Former GTB Tribal Chairman Joseph Raphael, now a member of the tribal council, does not believe federal recognition “would have ever happened” had it not been for the fishing issue and the persistence of such GTB members as Arthur Duhamel, a tribal councilor who was arrested seven times in the 1970s for pressing his claim of treaty rights in Lake Michigan.

Raphael said: “After the 1979 (Judge) Fox decision, you needed to be a federally recognized tribe. Quite frankly, that was the instrument here. That was the push.” (The comment was in this scribe’s 1992 book, “Mem-ka-weh: Dawning of the Grand Traverse Band of Ottawa and Chippewa Indians.”)

Fish and chips. Both part of the web of economic life for our first people.

———

EDITOR’S NOTE — George Weeks is retired after being a political columnist for the Detroit News for 22 years. His syndicated column appears weekly in the Daily Press. Weeks is also former chief of staff for Gov. William Milliken and as a journalist covered the White House, State Department, and Pentagon.

Tribal Public Defenders Listserv and Webpage

From Cami Fraser at Michigan Indian Legal Services:

We’ve create a national list serve and web page through yahoo groups for tribal public defenders and we’re trying to get the word out that it exists. So far – we have 26 members from various states (ie Arizona, Washington, Oregon, Michigan, Colorado, and Minnesota). We have public defenders from Swinomish, Lummi, Tulalilp, Umatilla, Pascua Yaqui, Navajo, Gila River, Tohono O’odham, Sault Ste Marie, Bay Mills, etc. As you can imagine, it is hard finding and contacting all the tribal public defenders out there. It would be great if you could do a blog mentioning the group and giving the web site to join. (It requires moderator approval to join.) The web site is http://groups.yahoo.com/group/tribaldefenseattorneys/

Also – University of Washington law school is looking at doing a national conference for tribal public defenders next fall – Ron Whitener mentioned it on the list serve.

Cameron Ann Fraser,Michigan Indian Legal Services,814 S Garfield Avenue, Suite A,Traverse City, MI 49686, (231) 947-0122, cfraser@mils.org

Michigan Affirmative Action Symposium

The Michigan Journal of Race & Law is hosting a symposium on affirmative action in Michigan after Prop. 2.

The symposium announcement is here.

For materials on Prop. 2 and its potential impact on American Indian students, please go here and here. For a pdf copy of the Michigan Civil Rights Commission report on Prop. 2, go here. Attachment no. 4 of the report concerns the impact of Prop. 2 on American Indian tuition waiver and is here.

From the symposium announcement….

From Proposition 209 to Proposal 2:
Examining the Effects of Anti-Affirmative Action Voter Initiatives

The diversity of perspectives that is cherished and celebrated by the Michigan Journal of Race & Law and the University of Michigan community is threatened with the passage of ballot initiatives like Michigan’s Proposal 2, which bans the use of race and gender in school admissions. These issues are both timely and critically important in a society that is becoming increasingly segregated by race and ethnicity, both residentially and socially. With the recent passing of Proposal 2 as well as the recent U.S. Supreme Court ruling regarding the use of race in public schools, we believe it is crucial to maintain an open and positive dialogue regarding race and education. To that end, our Symposium endeavors to address the variety of policy and legal questions arising out of the anti-affirmative action movement. Our Symposium will explore a broad range of issues including: the current effects of Proposition 209 in California and the potential effects of Proposal 2 on public university education and leadership within the state of Michigan, potential legal alternatives to affirmative action, and existing and emerging efforts to remedy K-12 educational disparities. Most notably, we present this symposium with the hope of preserving the University of Michigan’s longstanding commitment to diversity and as an answer to University of Michigan President Coleman’s request to “Show others what a U-M education looks like”.

Still More Press Coverage of Inland Settlement

From The Mining Journal:

Key dates in the battle over Indian hunting and fishing rights in Michigan:

1836: Treaty of Washington between Ottawa and Chippewa bands and the United States. Tribes cede ownership of about 13.9 million acres in northern Lower Peninsula, eastern Upper Peninsula.

1930: Michigan Supreme Court rules no Indian fishing rights exist under previous treaties.

1971: Court reverses itself, saying Bay Mills Indian Community has treaty fishing rights.

1973: Federal government files suit, seeking state recognition of tribal fishing rights.

1985: Consent decree reached, setting tribal and non-tribal fishing zones in portions of Lakes Michigan, Huron and Superior.

2000: Updated version of consent decree approved.

2003: Michigan asks court to rule that tribal fishing rights on inland waters and 1836 treaty lands have expired.

Sept. 26, 2007: State, tribes announce settlement of inland rights case.

More Press Coverage of Inland Settlement

Detroit Free Press: ” QUESTION: Why didn’t the state fight the Indian treaty rights in court? ANSWER: That’s the route Michigan took in the 1970s Great Lakes case and that Wisconsin and Minnesota elected to follow in the 1990s with even more disastrous results for sportsmen. Those other states got a series of rulings that not only upheld the treaty rights of the Indians but gave them 50% of the walleye quotas in inland lakes, allowed them to use gill nets and created inland commercial walleye fisheries.” Exactly!

Escanaba Daily Press: “The federal courts have consistently held that the passage of time changes nothing from when the original treaties were signed. It could be considered as similar to how our Constitution has held up without other interpretation, in providing our rights as citizens.”

Alpena News: “Avoiding litigation over the issue was a huge accomplishment – saving both sides a lot of money and needless aggravation. Tribal members seem content that their basic cultural identity and rights both were recognized and reserved, while conservationists seem satisfied safeguards are in place to scientifically manage our natural resources for generations into the future.”