Coverage of Soo Tribe Vote

From Soo News:

Sault Ste. Marie Tribe Votes to Approve Inland Settlement

BIG NEWS!!!!

From the Soo Tribe website:

Membership Approves of Inland Consent Decree

Written by Cory Wilson

Thursday, 18 October 2007

The Sault Tribe Election Committee released the unofficial election results pertaining to the referendum on tribal members’ inland treaty rights, indicating 3,476 voted to approve, 678 voted to disapprove, while 28 ballots were deemed spoiled or unrecognizable.

The Election Committee announced that 4,182 ballots were received out of 12,734 mailed to the membership, accounting for a 32.8 % voter turnout. According to these results, this referendum exceeds the 30% vote requirement and therefore, is considered a valid election as defined by the election code.

On August 14, the Board of Directors determined an issue of such importance should be sent to a vote of the people by referendum to decide whether or not the tribe should enter into a permanent agreement with the state and federal government regarding tribal members’ rights related to inland fishing, hunting, and gathering. Subsequently, the referendum ballot language was approved on September 17, which asked tribal members “Do you approve or disapprove of resolution: Authorization to Ratify the Inland Consent Decree?” The election ballot was mailed to members on September 27. The deadline to return ballots was 5 p.m. on October 17.

The “Inland Consent Decree” is an agreement between five northern Michigan tribes, the state of Michigan, and the federal government that defines and details the specific treaty rights of tribal members. An “Agreement in Principal” was signed by all parties last summer, which committed all those involved to work together to formulate an agreement or settlement.

Following the release of the election results Chairperson Aaron Payment stated, ”Despite strident opposition from select board members to letting the people decide this issue, an overwhelming response of over 80 percent should put the issue to rest. I am satisfied with the outcome. The people have spoken.”

According to the tribe’s lead attorney, even though a referendum was held, official approval by resolution is still required. A special meeting of the Board of Directors is scheduled for Sunday, October 21 at 1:00 p.m. at the Kewadin Shores Casino in St. Ignace to accept the election results and to enact the resolution specifically outlined in the referendum.

The resolution titled, “Authorization to Ratify the Inland Consent Decree for U.S. v. MI” and states, “Whereas, the Sault Ste. Marie Tribe of Chippewa Indians is currently engaged in the inland phase of the United States v. State of Michigan, informally know as “US v MI”, and the parties are: as Plaintiff, The United States of America, and as Plaintiff-Interveners, Bay Mills Indian Community, Sault Ste. Marie Tribe of Chippewa Indians, Grand Traverse Band of Ottawa and Chippewa Indians, Little River Band of Ottawa Indians, and Little Traverse Bay Bands of Odawa Indians, versus as Defendants, State of Michigan, et al, and as Amicus Curiae, the Michigan United Conservation Clubs, Bay De Noc Great Lakes Sportfisherman, Inc, and U.P. Whitetails, Inc, and finally as Amicus Curiae, the Coalition to Protect Michigan’s Resources, Stuart Cheney, Robert Andrus, Walloon Lake Trust and Conservancy (“Parties”); and…the Parties agreed to a binding settlement of the inland phase of US v. MI by executing an Agreement in Principle; and…upon execution of the Agreement in Principle the Parties agree to prepare a proposed consent decree and a stipulation for the entry of the proposed consent decree based upon the terms and conditions of the Agreement in Principle; and…through lengthy negotiations the Parties have completed a proposed consent decree and are presenting it to their respective governing bodies for ratification. Now therefore be it resolved, that the Board of Directors hereby ratifies the Inland Consent Decree. Be it further resolved, that the Board of Directors hereby authorizes the Chairperson, or his designees, to execute a stipulation for entry of the proposed consent decree, or other implementing documents as my be necessary.”

The Board of Directors is also scheduled to meet with the judge presiding over the Inland Consent Decree case on October 22, to finalize any other legal matters related to the case.

More News Coverage of the Inland Settlement

From WLUC: “DNR officials say the agreement should be acceptable to both Indians and non-Indians. Generally, you won’t see an impact not only to the state-licensed anglers and their opportunities to fish, but also in terms of their harvest,” said Kelly Smith of the DNR Fisheries Division. On October 22, the DNR, the tribes and an Assistant Attorney General will present the agreement to a judge. If it’s accepted, it’ll become law.”

From the Escanaba Daily Press: “The state’s consent decree with five Michigan Native American tribes is the culmination of a process over a century in the making. It also avoids a disastrous outcome in which the state could have had no regulatory power over tribal hunting and fishing in a wide section of the state. The 1836 Treaty of Washington was reached between the United States and the Ottawa and Chippewa tribes of what later became Michigan. The state of Michigan did not exist at the time of the treaty (it was founded in 1837).”

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.

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.