# BA AILS INDIAN “Com AUNTY > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Abay_mills%3A017549adb92601ab ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text BA AILS INDIAN “Com AUNTY COUMPREHENSIVE PLAN ai O No Sc L00006Y So8 GO0000 0LO OZ“e BAY /AILLS INDIAN COMMUNITY TABLE OF CONTENTS Page Letters of Transmittal .2 02... cece cece cc cevecceeeuee st WAECOM TCE OM i. <3. ess809 3 ace ey 3.8 4 oly gle wlan prarevern eG lute Hebe F esleGE aged bien 2 COMMINCOS. S66. G cating kg. gp gaaawiDbEs HA had eLarhamtinid ? Bed desele wtavararame de 3 PARC pants’ 2 ists ians.t.artae cag reGha anand ately oodles conden 5 ansiatect iatixiehh Et 4 ACKNOWLSdQEMONIS . sore cicene oie.5 i gash GRE HGS Ab SRE oe adenine pact 5 PROPOR ISLOEVS arcs, peters aaatecart at sitrartngen 2.4 Grobe lon Sietais dautet doo sheweet haces 6 What is the Comprehensive Planning Program? .................... 6 Howto Use TRIS: Plan os cece as-eseed oy bhgedes a bts dbwenaalsetealldes rd HIStOny, waits oq area pag tdadustetidcad Heherdera srancrareitets ygrankaloa team ee KietueE 9 Regional Considerations 20.0... ee cece cece. 16 LANG OSS! agaist getags nidihd cd tdad opal TiS chcape ceteris) 20 PSMOQAPNIGE: . aaer sa scgrsentedaidvin ned Adak oladeh anova ye a ew taonereh Os easdeae we 43 FRG NGF inca Siare mugs we ersnprety ees gogtecetataty WiguleE WENN Vis BeTaLeolhv caehl bad 55 Economic Development 20.22.0000 ce vce ceceeeeee 67 Transportation oz cscs seacidesida auite qu a areia'e'n aad wae ao anavioetokad: 91 FABEEOAEION © rset eo 5 amapsnardi at a cadialsim G4 MGA SEAES OTD 68 oie sudosva ne heaterisue 97 EGOCA OM i sctitnevane Ceres Dead eaaghe ate 2 Aashembpansatadaeade devo toncks Wamsigerh 126 POAIED S29 x5 setae sea od trtyhd 1a se gcactage aang be Wa Ak Rhy Barbedeee At Indes: 135 Legal System 2... cc ccc ce ce ceeeeee. 141 PUGH ASIAN id sac iit gadwagd mind ianjnd modapoiodateckgoeaneseiahe eon 147. 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Se Dae ds a Sguesh yn 24 ah duiaustwlnmdiv vase dundee ieeea 172 WRILSGISH BAY. 44 trae sad du quacgtetiicaiee Dh was oe ERE a4 Chitra be tmicunie x 178 PREOUEY GORE © sre nupeg ngugrpaney Wh grdke ethane PueE Ee Leda daeiuenat giao ace 188 PROTEGE UNGIIG: 5s A pturtrkt a ape aides @ heauaiepe wietariadacl Sobdevrmawen @e cara od 191 BCONATIO nang sedits TSi4.s.acraatigri ico moda ea.b HEAD EE REE PE oealia tno 198 ADPONGIX: joan aides aairnve ts, hdadurersgivien ade kous dvectaeestuha 213 Methodology cg siictgc3 bhitintuiaitte pohtidoreceouee ol 214 MAPS SECTION MAP TITLE Page Regional Considerations Ar 9 easy Sashcere nextsie’s Regional Location Land Use TB Stcth int at ana ratected Surface Deposits TIN? chs E.bnsdctslavaetok Bedrock Geology BOBS ee Ra mARE Slope 228) twonescagnces Slope Suitability - OAS ode ate sat oy Soils DABS bbe aneiedangeat Soils for Dwellings 4B nc08 sae cen Soils for Septic Use CAH 8 kveatrre yar Soils for Roads BAD) A oss myetiak Hydrology BOAR nd 5 Sans gacaida Water Table BRE es arnee heer en Flooding Frequency 2GA) wots ac nens ase Vegetation ZOBS \ pasconiens om dier Woodlot Suitability Cy a ee ee Wetland Wildlife Support 2TBY ci setae Woodland Wildlife Support BOS Ba naeyah nore Land Ownership SBA> 2s gin aatedoni Existing Land Use 88B ninperh ew squat Proposed Land Use 180: sstingegeeeers Whitefish Bay Housing GOA) a6 sictemsanind 1960 Housing Locations GAB os. naaapemnng Existing Housing Transportation OGA) spt.acncarese Traffic Hazards SECTION MAP TITLE Page Park and Recreation Resources WOTA. ccc ca a knead Existing Recreation TNO: eas assancdcake Proposed Recreation RTS cha paewnd Plans: Bay Mills Recreation Area DEG 4 sa sarsaeegyenn Spectacle Lake Sugar Island NEO) a cweo 5 faerind diet Existing Land Use 1S avbyateaiewes Existing Soils PST | 4 a Gare oe Soil Suitability at Sn ee Water Table FOR. 4 tcopurcdctateee o. Flooding Frequency 4 James Houck Department of Labor Bureau of Employment and Training State Secondary Complex 7150 Harris Drive Lansing, Michigan 48926 March 23, 1977 Re: Comprehensive plan for Bay Mills Indian Community Dear Mr. Houck: The Executive Council of the Bay Mills Indian Community has authorized me to inform you that the Comprehensive Community Plan developed by your staff has been adopted by the Council as the official planning document for the Community. The Council cannot say too much to express its appreciation and thanks to you and your staff for its dedication and work in pre- paring the comprehensive plan. ArtHur L. LeBlanc Tribal Chairman ALL/ap INTRODUCTION The real heroes on this project were the people of the Bay Mills Community who patiently put up with our efforts, made us feel welcome, and guided the direction of this planning effort. All the long meetings, the surveys and interviews represent their substantial contribution that made this plan possible. So many people helped in so many ways, one is hesitant to name names for fear of leaving someone out. The committees and staff at the Tribal Center are noted next, so we will take this opportunity to acknowledge the contribution of other community members, the fishermen, the carpenters, the mens’ and womens’ baseball teams, the bingo players, the cooks; all the folks who shared their time and their insights with us. We of the planning team hope this plan is a fair and accurate presentation of Bay Mills, as it is and as you hope it will become. Where it is correct, it is due to the insight, guidance and information from the community. Where it is incorrect it is the failure of the planning team to accurately assess what lay before us. While no document could ever capture the rich substance of the community, its interactions and its history, we hope this document will aid in the process of Bay Mills making its future. COMMITTEES & STAFF OF BAY MILLS TRIBAL GOVERNMENT Executive Council Chairman-Art LeBlanc Vice-Chairman-Don Parish Secretary-Armella Parker Treasurer-Monica Karazon Councilman-Robert Bowen Tribal Staff - in support of administration Office Manager-Geraldine Parish Attorney-Kathryn Tierney Legal Secretary-Armella Parker Administrative Aide-Clint Parish Resource Developer-Bill Thorne Accountant-Jean Parish Committees and Staff Housing Don Parish-Chairman Robert Bowen Maurice LeBlanc Francis Parish Wade Teeple Education Johnson O'Malley Armella Parker Geraldine Parish Dorothy Menominee Agnes Carrick Health Art LeBlanc Doris Rykers Agnes Carrick Elizabeth Parish Laurel Keenan Title IV Agnes Carrick Geraldine Parish Armella Parker Irma Parish Linda Carrick Staff Lorraine Bowen Laurel Keenan Yvonne Mc Ginnis Staff Donelda Schofield Leila Parish Darla Schofield Elizabeth Parish Wade Teeple-Police Official Walter Le Blanc-Police Official Levi Carrick-Police Official Art LeBlance Jr. -- AA Counselor Barb Teeple-Senior Outreach worker Participants in the Bay Mills Indian Community Development Plan The preparation of the Bay Mills Indian Community Development Plan was a major undertaking involving the cooperation of a number of people working with the Bay Mills Planning Staff. Primary input came from the Bay Mills Indian Community through the Executive Committee, which is the major policy making board at Bay Mills acting under the powers granted by the General Tribal Council. The Bay Mills Planning Staff has met frequently with the Executive Committee and representatives of other committees including: Housing, Health, Education and Law Enforcement in order to discuss planning issues, tribal goals and strategies and other issues of importance to the formation of the plan. The Bay Mills Planning Staff was composed of members working ina training program under the direction of: James M. Houck - Project Director who was administrative officer for the project and has an academic background in outdoor recreation planning. He has had extensive experience in community and recreation planning for the Thumb Area of Michigan. Richard Kibbey - Project Instructor, has an academic background in Urban Planning and specializes in Housing and Community Development. He has had extensive experience as a planner for such diverse communities as Harlan, Kentucky and Lansing, Michigan. The trainees were: Ms. Laura Bartlett has a background in resource development and contributed sections on Land Use, History and Education. Ms. Lorri Burtt a community member and resident provided major contributions to sections on Education, Health, and the Legal System. Ms. Sharon Teeple a community member and resident provided major contributions to sections on Elderly and Youth. Ms. Judy Burton a community member provided major assistance in preparation of Transportation and Housing section. Mr. Phil Kessler has a background in civil engineering and provided contributions to sections of Sugar Island, transportation and cost benefit analysis for various engineering studies. Ms. Gail Jahnke a community member provided assistance in the Recreation section. Ms. Sara Tadgerson a community member provided input and assistance in the Economic Development section. Ms. Carla Waite community resident provided assistance in sections of Youth and Recreation ACKNOWLEDGMENT The production of the Comprehensive Community Development Plan for the Bay Mills Indian Community was an immense undertaking which would have been impossible without the support and contributions of a great many agencies and individuals. We are indebted to the following for their invaluable assistance in this study: The Director, Mr. John Campbell and staff of the Eastern Upper Peninsula Planning and Development District. The Director (Acting) Mr. Greg Mains and staff of the Central Upper Peninsula Planning and Development District. The Director, Mr. Michael Parish and staff of the Inter-Tribal Council of Michigan. The Director, Mr. James Hillman and staff of the Michigan Indian Commission. The Director, Mr. Donald Walsh and staff of the Eastern Upper Peninsula Employment and Training Consortium. : The Director, Mr. Roger Fisher and staff of the Eastern Upper Peninsula Transportation Authority. Ms. Beth Shapiro, Urban Affairs Librarian, Michigan State University, East Lansing, Michigan. The Director, Mr. Pat Smith and Mr. Dean Coker and the staff of the Community Design Center, Lansing, Michigan. Mr. Gene Mill and Mr. Sid Hungerford, Soil Conservation Service, Sault Ste. Marie, Michigan. Mr. Del Meister and Mr. Loren Berndt, Soil Conservation Source District Office, Marquette, Michigan. Mr. Les Nichols, Recreational Service Division, Michigan Department of Natural Resources, Lansing, Michigan. Ms. Susan Drake, Bureau of Outdoor Recreation, U.S. Department of Interior, Ann Arbor, Michigan. Dr. Lewis Moncrief, Department of Park and Recreation Resources, Michigan State University, East Lansing, Michigan. Mr. James Hutchinson, Cooperative Extension Service, Sault Ste. Marie, Michigan. Mr. Jay Burroughs, Michigan State University Department of Landscape Architecture, East Lansing, Michigan Mr. John Mullin, Michigan State University Department of Urban Planning and Lanscape Architecture, East Lansing, Michigan. Mr. Richard Baker, Urban Planner, Lansing, Michigan. Mr. Mark Cory, and Evaluation staff of the Lansing School District, Lansing, Michigan. Mr. Greg Griswald and Mr. Mike Randolph, Indian Public Health Service, Ashland, Wisconsin. Mr. Paul Lamb, Michigan Department of Mental Health, Lansing, Michigan. Ms. Sandy Firnhaber, Michigan Press Association, Lansing, Michigan. PROJECT HISTORY In late 1974 a series of meetings and discussions ensued between Richard E. Donahue, Director, State of Michigan, Department of Labor, Bureau of Employment and Training and representatives of Inter-Tribal Council of Michigan and the Michigan Indian Commission. The purpose was to develop a program, utilizing the resources of the Bureau of Employment and Training, under its mandate of administration of the Comprehensive Employment and Training Act of 1973, which would benefit the Indian Reservations in the State of Michigan. It was determined that a major need of the reservation was comprehensive community planning. In cooperation with Inter-Tribal Council of Michigan research efforts were undertaken in May, 1975 to establish design specifications for an experimental program which would give unemployed professional individuals a transitional skill into the field of community development planning. The Transitional Employment Program was subsequently established under Special Governor's Grant Funds, Title |, Section 103 (e), CETA. Objectives of this Transitional Employment Program were to: 1. Identify the areas of community planning needed for each reservation. 2. Identify training program requirements. 3. Establish linkages between the various Federal, State, Local and Regional agencies involved with each reservation. 4. Develop administrative procedures, 5. Identify placement requirements in the field of community planning. 6. Hire the unemployed community development planner trainees. 7. Train the unemployed professional individuals in community planning. A product of this training program would be a comprehensive community development plan which the reservation could use to chart its future course of development. Members of the reservation community would also receive training in comprehensive community development planning to provide implementation services following completion of the plan document. In July, 1975 the Bay Mills Indian Reservation was chosen as the pilot training site for the Transitional Employment Program. WHAT IS THE COMPREHENSIVE PLANNING PROGRAM The comprehensive planning program is the decisions made by Bay Mills regarding how it wants to develop as a community. That process was taking place before the planning team entered the scene and that process will go on after they have left. This document, called a plan, is really many things. It is a record of what the situation is now, points out some strengths and weaknesses of what is now, and makes some recommendations as to how those strengths can be built on, and the weaknesses overcome. Each subject area has, where appropriate, an inventory of existing conditions. That is followed by a statement of strengths and weaknesses. A series of goals states the perceived policy direction upon which recommendations are based. The recommendations and the text that goes with them, are specific statements as to actions that can be taken in persuit of the stated goals. The recommendations are specific Suggestions relating to the direction the community indicated it would like to move. The important step was the decision by the community as to what it wanted. A fisherman can’t tell you what size net to use until you know what kind of fish you want to catch. In the same way a planner can’t make a recommendation as to how something can be done until the community decides what it wants accomplished. The long meetings, the heated discussions were all a part of the process where the community sets a direction. And just as that direction is constantly being adjusted, so is this plan constantly being adjusted. The planning process keeps going on for as long as people are making decisions about Bay Mills. The advantage of having trained planners and a printed plan is that the planning process can take Place in the presence of additional information. Any decision is only as good as the information behind it. It is the hope of the planning team that the information set forth in this document will aid in decision making. In addition, it is hoped that planning staff has correctly understood the direction the community wants to move. If all that has been done correctly the planning team has done half its job. The other half of the job is to be told over time. If the information is used, if the recommendations are followed up, if the planning document gets hauled out and consulted when decisions have to be made, then the planning team will have done a good job. This doesn’t mean there will be no more disagreement over community development. People can continue to disagree. But if they are arguing over facts instead of opinions, it will make for better decisions. HOW TO USE THIS PLAN The purpose of this plan is to bring together information the Bay Mills Indian Community needs to make decisions about its future growth. It is the result of a one year training/planning program undertaken by the State of Michigan, Department of Labor, Bureau of Employment and Training in late 1975. Information contained in this plan is provided on a range of subjects which describe the existing situation at Bay Mills. It is intended that this information be used by tribal government officials, committees and members of the tribe to clarify the process of making decisions about the communities future growth. The plan is also intended to serve as a factual resource to support grants and proposals for future community projects and developments. It is important that the plan be used to encourage participation by community residents in the decision making process. It is hoped that this will not be a plan which is set aside to gather dust, but will be actively sought both as a reference and as a policy guide for future development options. It is also hoped that this plan marks the first step to establish an on going planning process as a recognized community function. The plan is not a static document and as new opportunities, developments and viewpoints occur, it should be updated to reflect these changes. A loose-leaf form is provided to facilitate future adjustment in each section as required. HISTORY 10 The members of the Bay Mills Indian Community are descendants of Chippewa or Ojibway bands who have been identified with the Upper Great Lakes Region for approximately 450 years. According to oral tradition the Chippewa, Ottawa and Potawatomi, all belong to the Algonquian linguistic stock, united in a slow migration from east of Montreal. These three tribes, “The Three Fires”, later separated during this westward movement. The Ottawa and Potawatomi turned south, settling in areas of lower Michigan, while the Chippewa continued west into the northern woods along the shores of Lake Superior. A prime fishing and hunting location, the area around the St. Mary’s Falls, presently Sault Ste. Marie, became one of the earliest permanent settlements of the Chippewa. From here, other Chippewa continued west and north settling along the shores of Lake Superior with major headquarters around Chequamegon Bay or “La Pointe”. Attracted to the woods and waters which provided the basic essentials of living, a group of Chippewa achieved geographical stability in the Sault area. For at least three generations, before the arrival of European explorers in the early 1600’s, they remained relatively free from outside interference with the exception of occasional battles with nearby tribes. In this time the Chippewa were able to develop a well established and largely self reliant society. Occupying the “Soo” region, a rough and cold country little suited for farming, the Chippewa depended primarily upon fishing and hunting for survival. Supplemental agricultural products were obtained from southern Michigan Indians who gathered here in the spring and fall and traded their products for the Chippewa’s fish, furs and other products. Thus, a trading center was established here long before the arrival of whites. Indian life in this area was largely nomadic centering around an annual cycle of activities determined by the seasons and food supplies. During the spring and summer the Chippewa gathered in large villages where abundant fish populations could support a large number of people. In addition to fishing, other spring and summer activities included gathering and drying berries, producing maple sugar, planting potatoes and corn and constructing birch bark canoes. With the arrival of winter, there came a limited fish supply and an ice cover which generally stopped lake travel from October to March. At this time the large villages dispersed with extended family units traveling to inland areas forming small winter hunting camps where moose, bear and other game were sought. In spring, with the retreat of ice from the lakes, these families journeyed back to the shores to fish and reunite with family and relatives. Religion was a very important part of Chippewa life, in which man was viewed as a part of the great natural cycle. Through their religion the Chippewa sought to ward off evil spirits and come in contact with spirits which would guide and protect them. Sharing the earth with all other creatures, every object of the universe, animate or inanimate has a soul and is greatly respected. Religion was also largely an individual matter. At puberty, each child journeyed to an isolated sacred place where a vision was sought through a period of fasting. At this time a spirit appeared and remained a life long guardian to the individual. In accordance with their religious views, the Indians had no conception of land ownership. The land and waters were not to be owned nor exploited but were used by all alike for survival needs. On the move, dependent upon food supplies, tribes became identified by their geographical locale. They had undefined areas as hunting grounds but there was no conception of sovereignty over all the people of an area. The lands and waters were not considered as merchandise or personal property which made the white man’s continual Pressure to buy Indian land mysterious and confusing. When French explorers led by Etienne Brule arrived in the region of the St. Mary’s Falls and Whitefish Bay in 1622, the Chippewa society had been established. The Chippewa proved to be of crucial value to the survival and well being of explorers who ventured to this area by supplying fish and furs, guiding them through the woods and lakes and teaching the white man to hunt, fish and gather food from the land. The French maintained peaceful relations with the Chippewa since obtaining furs from them was of prime importance to the French trade economy. The British, also competing for furs from Indians helped instigate rivalry among Iroquois and Chippewa competing for hunting territory. 1649 marked the beginning of a ten year period during which the Chippewa were driven west while at war with Iroquois tribes. However, in 1660, the Chippewa returned and overcame the Iroquois at Iroquois Point, located approximately five miles from the present Bay Mills Indian Community and have occupied the Sault region since that time. The British, who gained control of the Upper Great Lakes Region after capturing French military posts in New France in the late 1700's, took a much more condescending attitude towards the Indians. Revolting against this treatment, the Chippewa united in an attempt to restore French control by joining in Pontiac’s rebellion against the British in 1763 in which every British post west of Niagara, except Detroit, was over-run. The British, soon realizing the importance of the Indian fur supply, sought in the Proclamation of 1763, to protect Indian hunting territory by restricting infringement of colonial farmers in this area. ° By the 1760’s white contact had already taken its toll on the Indian culture. At this time, Indians were congregated in trading centers such as Sault Ste. Marie and Michilimackinac and largely dependent on trade with the invading explorers. During this period of intense trade, continual contact with whites resulted in a cultural breakdown for the Indians. Indians materially began living more like whites, were affected by numerous religious missions and became dependent upon trade items introduced and supplied to them by whites. Following French and British dominance, the American pioneer proved to be a much greater threat to the Indian's territory and culture. The Chippewa joined with other tribes of the northeast in all the wars against American frontier settlements to the end of the War of 1812. With the decline of fur trading and increasing importance of agriculture, Indian lands in Michigan steadily diminished as the American pioneers forced their way into Indian territory. The impact of American settlers was delayed in the Lake Superior region due to the remote and harsh nature of the area which made it little suited for extensive farming. However, with the discovery of forest and mineral resources in the Upper Peninsula, there was little hesitation for pioneers to exploit these resources with no respect for Indian territories. By the use of force, by Promising annual payments of goods and by distributing liquor freely, the Americans induced Indian tribes to sign a series of treaties by which they surrendered to the United States their lands. Reservations, remnants of sovereign Indian lands, were originally founded as those lands the Indians needed to survive by following their traditional life style. 41 12 Beginning in 1795, with a treaty ceding to the Americans two thirds of Ohio with the assurance that the balance of the Northwest Territory would remain in Indian hands, Indian lands in Michigan were gradually diminished, resulting in today’s reservations. Following this, three major treaties in 1820, 1836 and 1855 directed the areas where Michigan reservations are presently located. Chippewas were settled all along the shores of Lake Superior and particularly at the St. Mary's River and Falls in 1820 when the governor of Michigan, Lewis Cass, led an expedition into these Indian settlements to secure land for a military post. In the resulting Treaty of St. Mary’s on June 16, 1820, the Indians ceded 16 square miles adjacent to the St. Mary’s River to the United States, but reserved their traditional fishing and camping site at the head of the rapids in addition to their right to camp and fish in the area. In 1836 the bands from the Sault area joined with other Chippewa and Ottawa bands signing a treaty that ceded all of Northwestern Michigan above the Grand River and the majority of the Upper Peninsula to the United States. The fishing and camping area reserved in the 1820 Treaty was reaffirmed and an additional nine acres, including Sugar Island and 250,000 acres at the base of Whitefish Bay were set aside for the Chippewa bands of the Upper Peninsula. The present Bay Mills Community was included within these reserved acres. By 1855 the main district occupied by Indians in the Sault area extended from Sugar Island to Whitefish Bay. A treaty was signed in 1855 to settle financial accounts from the 1836 Treaty and to establish permanent homes in Michigan for the Ottawa and Chippewa bands. In this treaty four areas were reserved in 32 sections for Indian land assignments to be made in 80 and 40 acre selections by eligible Indians. These were located in four places: Salt Point, Point Iroquois, East side of Sugar Island and Hay Lake and southern St. Mary’s River channel. Actual distribution of the land patents did not take place until 1873. Indians received no help from the government in obtaining and protecting their land holdings and became victims of unscrupulous whites. The long delay of land patent distribution put the Indians in a position of unequal competition with aggressive homesteaders and investors. The construction of the St. Mary’s ship canal between 1853 and 1855 also interferred with Indian land holdings. Not only were their prime fishing locations, ancestral burial grounds and homes taken and destroyed during the construction, but the St. Mary’s Canal Company also had priority in selecting 750,000 acres in this area as payment for their work. By 1880, the Indian settlements at the Sault were gone with many moving to the region of the present Bay Mills Community, lroquois Point and Sugar Island. In accordance with the 1855 treaty and the Indian Appropriation Act of 1860, the United States purchased 794.75 acres of land for use by the Bay Mills Indians from the Methodist Mission Society who originally purchased this land for an Indian mission. With exception of 527.85 acres held in trust for the Bay Mills Indians, these lands were alloted and fee patented in 1873 to individual Indians. The lands that were fee patented passed into non-Indian ownership and are now in the hands of the U.S. Forest Service and others. The checkerboard pattern of the present Bay Mills Community and surrounding land holdings, in addition to the predominately marginal land, are characteristic of land left after being picked over by whites. Through legal and illegal means, by 1933, two thirds of Indian lands in the United States had passed into non-Indian hands. This led to passage in 1934 of the Indian Reorganization Act (IRA) which ended allotments and further sales of Indian’s land. Michigan’s four Indian reservations were established through this act as an effort to help Indians regain sufficient land holdings fora “self sustaining economy and a self satisfying social organization.”Provisions weremade to buy back Indian land and establish means for tribes to develop constitutions. In 1937, land was purchased for Bay Mills and the Bay Mills Indian Community was organized with the adoption of their Constitution and Charter (November 27, 1937) in accordance with the Indian Reorganization Act. Along with the original mission area, these lands comprise the 2,189 acres of the present Bay Mills Community. The resulting tribal land status is: Original Mission Area 527.85 acres IRA Lands (1937 purchase) 1053.91 acres Sugar Island (1937 purchase) 607.75 acres TOTAL BAY MILLS ACREAGE 2189.51 acres Although not federally recognized as an Indian reservation until 1937, occupation by Chippewa in Bay Mills has been continuous since at least 1848. Since this time, the inhabitants of Bay Mills have seen many changes in life styles and populations. The opening of a lumber mill on Bay Mills Point in 1875 greatly affected the previously small, isolated Indian community. Within 20 years the area had expanded into a well developed town with a predominately white population of 1,900. In addition to the original lumber mill, 2 sawmills, a sash and blind factory, pulp and Paper mill, post office, railroad, and 2 churches developed here. During the life of this town, many houses were constructed within the Indian community. In addition, employment was available, outside of fishing and hunting. A fire in 1904 destroyed this town at Bay Mills, and decreased the population to about 75. At this time, the Bay Mills Indian community returned to a more traditional life style of predominately fishing and hunting and remained quite isolated and primitive until fairly recently. The community’s size has been largely dependent on food and employment availability. Many left Bay Mills in the 1920’s for work in Raco and later to Sault Ste. Marie where more work became available. Rustic and isolated living conditions for those remaining at Bay Mills continued for a long time. Similar to their ancestor's movements in response to seasons and food supplies, many Bay Mills residents migrated from summer homes along the shores to more substantial log dwellings inland a mile or so during harsh winter months. With a school located within the community until 1938 and no road until this time, the Bay Mills community became totally isolated in the winter. Food had to be brought in before the winter set in and stored in the ground to be used throughout the winter with occasional groceries brought in by sled. Factors which aided in ending the isolated nature of Bay Mills began in the late 30’s with the construction of the main road as far as the lighthouse. This road remained gravel until the 1950's. Cars started turning up at Bay Mills during the rum-running days and electricity was extended to the community in 1948. 13 14 With the closing of the Bay Mills school in 1938, students attended the public school at Brimley. Those attending the Brimley school had to wlak to the dump road on the south end of the reservation to wait for the bus, many walking from as far away as the lighthouse. Community life has always been an important aspect of the Bay Mills community with many activities provided through the school and church including 4th of July festivals and Saturday night square dances with Gros Cap. Bay Mills people previously were employed at a lumber mill, leather tannery and dredging firms mostly located Sault Ste. Marie. Also in 1937, an Indian Camp modeled after the Civilian Conservation Corps started at Bay Mills paying $1.00 per day plus room and board. Those working here were involved in work such as planting trees, cutting wood and constructing roads and irrigation ditches on the reservation. Fishing too, has always been a major part of life at Bay Mills. Fish prices were 1‘ to 3 cents per pound for herring in the 1930’s at which time fish had to be dressed, boxed, iced and taken to Brimley to be shipped by train. During the early 1900’s many Bay Mills fishermen became employed by white commercial fishing firms which had developed in the area. Employment with white commercial firms continued through the 1960’s, since Bay Mills people could not afford to buy state commercial fishing licenses and other equipment needed to set up individual operations. Gradually, Bay Mills fishermen who could afford state licenses, began commercial fishing operations. Dramatic changes have occurred at Bay Mills since the period of minority awareness in the late 60’s and early 70's. At that time government funding and services were extended to Michigan Indian reservations. These changes were most evident in the higher involvement of the community in tribal government, increased employment opportunities, upgraded housing quality and availability and an overall relatively high standard of living. Over the past 20 years it is believed that the Bay Mills population has doubled with additional members desiring to move here. The sense of place and community prevails here. No matter where a person goes, the reservation is home. The past history of Bay Mills reflects white America’s neglect of the native population. Current activities and the future of Bay Mills will be the result of Bay Mills efforts to shape it’s own destiny. 10. ii 12. 13. 14. 15. 16. BIBLIOGRAPH- HISTORY . United States of America V. State of Michigan No. M26-73CA, by Helen Hornbeck Tanner, PhD, 1319 Brooklyn Ave., Ann Arbor, MI (April 1974). Indians of Michigan by Emerson F. Greenman, a John M. Munson Michigan Historical Fund Publication, Michigan Historical Commission (Lansing, 1961). Indians of the Woodlands from Prehistoric Times to 1725, by George E. Hyde, University of Oklahoma Press (Norman, 1962). First People of Michigan, by W.B. Hinsdale, George Wahr Publisher (1930). Indian Life in the Upper Great Lakes (11,000 BC to AD 1800), by George Irving Quimby, University of Chicago Press (1960). The Indian In Michigan, Michigan Commission on Indian Affairs, Marquette County Historical Society. Redmans Applachia, by Samuel M. Taylor (1967). . The Land of the Ojibway, Developed by Ojibway Curriculum Committee, American Indian Studies Department, Minnesota Historical Society (1973) — need permission. - A Survey of Indian Groups in the State of Michigan, by John H. Holst, Supervisor of Indian Schools (1939). Report of a Social Economic Survey of Michigan Indian Reservation Groups-Program Survey Reports (December 1951) Department of Interior BIA. American Indians and Federal Aid, by Alan L. Sorkin, the Brookings Institute, Washington, D.C. (1971). North American Indian Education Awareness information, by Michigan Association of Classroom teachers, Human Relations Task Force (1971). Michigan, by Willis F. Dunbar. Justice Denied: An Analysis of American Indian-White Relations in Michigan, 1855-1889 Dissertation for the Degree of PhD, MSU, by Bruce Alan Rubenstein (1974). “Great Lakes Indians”, Pt. 1, An Introduction to the Cultures and Histories of the Indians of the Great Lakes, by Charles E. Cleland, Dearborn Historian, Vol. 14 #1, Winter 1974. Personal Interviews with Mr. Wm. Cameron, Mr. Arthur LeBlanc and Mr. Wade Teeple, all of Bay Mills. 45 Introduction The purpose of this section on regional considerations is to place the situation of Bay Mills into the context of activities in the Eastern Upper Peninsula. Clearly the activities, resources and services available within the region place the conditions of Bay Mills into perspective, as Bay Mills will share many of the limitations and opportunities available regionally. For that purpose, there is discussion of regional demographics, economic activity, environment, the regional transportation net, higher education and housing. In addition, the political and social situation, as a context for Bay Mills, is briefly covered. All these areas are covered as an outline for proceding with the more specific activities at Bay Mills. Throughout the plan, additional specific comparisons between Bay Mills and the region will be made, to highlight by comparison. CHIPPEWA COUNTY BAY AILLS # 17 16 Bay Mills is located in the Eastern Upper Peninsula, an area long marked by limited job opportunities and sparse and declining population. The area does not contain a Standard Metropolitan Statistical Area (SMSA) and is more than 200 miles away from any large urban center. It contains three communities of notable size: Sault Ste. Marie (25 miles from Bay Mills, population about 15,130) Newberry (50 miles from Bay Mills, population about 2,500) and St. Ignace (60 miles from Bay Mills, population about 3,000). Kincheloe Air Force Base (KAFB) with a population of 8,000 is the second largest population center in the area. This base has tentatively been ordered closed by the Department of Defense, which would result in substantial loss of income to the area and loss of some jobs to Bay Mills. Over 41% of the 13,000 jobs in the region are government, though the possible closing of KAFB would cause a decline in this sector. Less than 5% of the region’s jobs are in manufacturing and approximately 20% in wholesale or retail sales. Remaining jobs are in farming, construction, communications, transportation, finance and mining. Unemployment in the area is usually two to three times the state average. The Soo Locks are a major economic feature, both for its employment opportunities and the tourists it attracts. Other major tourist development in the area includes state parks and national forests. Bay Mills is located immediately adjacent to Hiawatha National Forest and close (5 miles) to Brimley State Park. Park season is realistically, however, only about four months of the year, between Memorial Day and Labor Day. Remote location, harsh climate, lack of resources and development facilities all serve to hinder development in the region. Though major thoroughfares are in good condition, supplemental roads are not as well maintained and the bridges in the area are in very bad shape, through a bond for extensive bridge repairs was recently passed. Sault Ste. Marie is the northern terminus of Interstate Highway 75, a four lane divided highway and the major north-south access to the Mackinac Bridge, a toll bridge, which is the only link to the lower part of the state. This road passes 15 miles from the reservation. Other major highways in the area are M-28 running east-west and passing 6 miles south of the reservation, M-123 running north-south to Paradise passing 25 miles west of the reservation and Lake Shore Drive which follows the south shore of Whitefish Bay and passes thru the reservation. Lake Superior State College (LSSC) is a new and growing institution in the region and has had a strong positive impact on the expectations of educational attainment levels. Educational attainment within the region is low, with median years of school completed at 11.7, below the state median of 12.1. Health care in the area is inadequate, with people frequently traveling to Canada or downstate for serious illness. Housing in the area is in high demand and in short supply and thus, very expensive. This is believed to be because of the demand from KAFB, LSSC and tourism. The proposed closing of KAFB is expected to decrease the demand for housing. Plans for the region are developed by the Eastern Upper Peninsula Planning and Development District (EUPPAD). The region is part of the Upper Great Lakes Regional Commission. Township development plans are being developed by EUPPAD, working with local committees. EUPPAD has taken a progressive position regarding efforts at Bay Mills but is responsible for a considerable amount of other work. Federal and State Legislative Representatives from the area are spread thin, with general concern for the larger region rather than the Indian population exclusively. Relations between the Bay Mills Community and local elected officials seem mixed, depending upon the personalities involved. Relations with other government agencies seem cordial, especially with the U.S. Forest Service, an adjacent neighbor and the Federal Fish Hatchery, a very important segment of the fishing community. Relations with local law enforcement agencies are mixed. The State Police and Chippewa County Sheriff's Department get high marks. There have been serious problems with the behavior of some members of the Soo Police Department that have lead to several civil rights suits regarding Physical abuse of Indian youths. There have been repeated clashes with the State Department of Natural Resources over fishing and hunting questions, though these clashes are not as heated as they have become elsewhere in the Eastern Upper Peninsula. Despite policy level differences, Progress towards accomodations has been made and local DNR staff is cooperative. Relations with local non-Indian neighbors have been generally improving though there are some prejudiced individuals. In other areas of the Eastern U.P. and northern lower peninsula, discrimination and hostility occurs much more frequently, usually triggered by inflamatory interpretations of Indian fishing rights. Though struggling to overcome the cumulative effects of past neglect and discrimination, and located in an area suffering declining fortune, Bay Mills is assuming a more prominent position as a community in the Eastern Upper Peninsula. 19 Introduction Land is an irreplaceable resource which has both potential and limitations in meeting the needs of the Bay Mills Community. Development is inevitable but with proper planning it can occur in such a way that the type community desired by Bay Mills can be realized. Since the land base and its capacity for supporting development is limited, planning for the use of Bay Mills land is especially important to insure protection of a quality community, environment and avoidance of conflicting uses. The limited availability of suitable land within the existing land base of Bay Mills makes acquisition of additional land a top priority in meeting future land use needs of the community. To effectively plan the use of land within the existing land base or any additional land acquired, many factors must be taken into consideration. The present and future land use section of the Bay Mills Comprehensive Community Development Plan combines the community’s land use needs with the environmental capacities of the land. Beginning with an environmental inventory of the land of Bay Mills, the capabilities and considerations of this physical environment is integrated with the community’s land use needs into a future land use plan. The inventory includes geology, topography, soils, hydrology, vegetation, wildlife, climate as well as existing land use for residental, recreational, community use, historical and cultural, agricultural, commercial and transportation. Future land use projections are made for the areas mentioned. Suitability by natural factors are dilineated, expansion recommendations made, and finally general location recommendations are made, including administrative guidelines. Also included is a brief presentation on Whitefish Bay. Although it is the major natural resource of the Bay Mills Community, community information is sketchy and anecdotal. It is hoped this section will encourage the pursuit and accumulation of the specific data necessary for the best management of this substantial resource. LAND USE ENVIRONMENTAL INVENTORY AND LAND USE CONSIDERATIONS Inventory The natural environment of the Bay Mills Community, in particular the soils, topography and water systems, is a result of various geological processes which gradually shaped this area. Cambrian red sandstone and Upper Cambrian and Lower Ordivician sandstone and sandy dolomite constitute the igneous and metamorphic bedrock underlying Bay Mills. Deposits overlying the bedrock here as well as in all of Chippewa County consist of several sedimentary rock units formed 230,000,000 to 620,000,000 years ago when all of Michigan was invaded by a succession of warm shallow seas. Following this marine period, four major glaciers altered and formed the main physiographic features of the Bay Mills Reservation. Lake Algonquin, covering this area during the last glacial stage, deposited a heterogenous mixture of rock debris or glacial drift on the surface, extending to a depth of 50 feet or more. The surface deposits of Bay Mills are of two types; lake plains and till plains. The majority of the reservation, the lake plain areas, consist of layers of clay, silt and fine sand of low permeability which contain layers of sand and gravel with relatively high permeability. The till plain areas, located in a small portion of the reservation’s southwest end consist of areas with little surface 21 22 relief underlain by thin unstratified glacial drift consisting of clay, sand, gravel and boulders intermingled. (Map references: Bedrock Geology, Surface Deposits). Environmental Considerations The geological characteristics of the area are considered in determining future land uses primarily because bedrock may pose limitations for development when too close (less than 10 feet) to the surface. No restrictions arise on the Bay Mills Community due to bedrock since it lies 50 to 200 feet below the surface. However, the geological processes which occured here are important since they have determined today’s soils, drainage patterns, topography and general physiographic characteristics. The environmental capabilities and limitations of these resulting features are discussed in following sections of the land use report. TOPOGRAPHY Inventory Directly related to the glacial deposits is the surface configuration of the Bay Mills Community. The elevation of the reservation varies from 600 to 700 feet above mean seal level, consisting of generally very level terrain with a slope of 10% or less meaning that the land rises in elevation 10 feet or less for every 100 feet change in horizontal distance. However, extending north and south along the western boundary of the reservation is Mission Ridge which enters the southwest corner and a small segment of the northwest corner south of Spectacle Lake. Another small ridge in the northeast corner near Gumshoe Lake and a dune area north of south pond are included in the reservation. These three areas, with slopes of 20% to 60% add variety to the basically level terrain found on the reservation. (Map Reference: Slope) Environmental Considerations Topographic characteristics of an area indicate how gradually or steeply the land rises or falls and in extremely flat areas, where there is likely to be excessive water. Additional expense and other limitations arise in areas of slopes greater than 12% which on the Bay Mills Reservation occurs only in the three small areas mentioned above. Areas of relatively no slope are of greater concern in relation to Bay Mills since there is a greater susceptibility to poor water drainage. This concern is considered in greater detail in the hydrology section. (Map Reference: Slope/ Suitability) BAY /AILLS INDIAN COAMUNITY BRIALEY , AICHIGAN SCALE |" ~ 1500! NORTH BEDROCK. GEOLOGY Fol CA/NBRIAN @ED SANDSTONE == LOWER. CAABRIAN AND LOWER ORDOVICIAN SAN OSTONE AND OLOAH SE i DEPTH oF BEDROCK PEQVE SER LEVEL SOOFT VIZ BAY /AILLS NORTH INDIAN COAMUNITY BRIALEY , AICHIGAN SCALE 1" = 1500' ard 609 SURFACE DEFOSHS HEM LAKE FLAINS UNPERLAIN BY PERPOSITS OF CLAN , sitt AND FINE SAND, OF Low FER/INEABILITY WHICH CONTAIN LAYERS OF SAND AND GRAVEL IN WUICH tHE FERIKGABILITY Io RELATIVELY HIGH . APPROX. THICKNESS J5OFT. TILL PLAINS LIMLE SURFACE RELIEF, UNVERLAIN BY THIN THLE DerDSISs! Aay Wiel ASL AMOUNTS OF WATER DPPROX. THICKNESK |BOFT BAY /AILLS INDIAN COAAUNITY BRIALEY , AICHIGAN SCALE |" = 1500' NORTH 609 VeZ [OCR skipped on page(s) 31-286] [Read from a scan; the first 30 pages.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Abay_mills%3A017549adb92601ab. Public record. Not legal advice.