WHITE EARTH RESERVATION

Tribal code

Ask Donna

What actually matters in this document.

Text

CHAIR Terrence “Terry” Tibbetts SECRETARY- PREASURER Leonard Alan Roy

DISTRICT I Raymond Auginaush, Sr. DISTRICT I Kathy Goodwin DISTRICT III Eugene “Umsy" Tibbetts

January 25, 2019

Honorable Tim Walz, Governor

State of Minnesota

130 State Capitol

75 Rev Dr. Martin Luther King Jr. Blvd.

St. Paul, MN 55155

Re: Chippewas of the Mississippi Rights of Manoomin

and co-management to protect common, environmental resources

Dear Governor Walz,

Welcome to your new leadership role and we look forward to working with you and your team for

One Minnesota where all of our rights are recognized and respected to protect our common, One

Minnesota environment. One Hundred fifty years ago White Earth reservation was created to

relocate the Chippewas of the Mississippi from our 1855 Treaty reservations to the headwaters of

the Mississippi river. In 1999, the United States Supreme Court clearly explained in Minnesota v

Mille Lacs that treaties are to be liberally construed in favor of the Indians and “how the Chippewa

signatories to the Treaty understood the agreement because we interpret Indian treaties to give

effect to the terms as the Indians themselves would have understood them”; and further concluded

that “the historical record, purpose, and context of the negotiations all support the conclusion that

the 1855 Treaty was designed to transfer Chippewa land to the United States, not terminate

usufructuary rights.”

We have attached a copy of Whiie Earth Band of Ojibwe Resoiutions (00i-i19-009 and 00i-i9-

010) to give notice of our Chippewas of the Mississippi priority water quality rights to protect wild

rice and fisheries which necessarily rely on pristine water, wetland, aquifers to sustain these treaty

reserved resources, on and off reservation. Consequently, we challenge the State of Minnesota’s

unilateral authority to grant Section 401 Clean Water Act permits for Enbridge’s Line 3R pipeline

activities, without our consent, and request full hearing, with contested case proceedings, if

Minnesota plans to exercise primary jurisdiction.

We are providing a copy of this letter and attachments to give direct notice to the Minnesota

Pollution Control Agency Commissioner Laura Bishop and the Department of Natural Resources

Commissioner Sarah Strommen. Additionally, we are providing a full copy to Attorney General

Keith Ellison to support developing a consent decree to permanently resolve these common

environmental resources issues for One Minnesota.

We look forward to working together to protect our One Minnesota common, environmental

resources which all require clean water. Time is of the essence as the United Nations has warned

that we only have 12 years to curb climate change.

Thank you for your immediate attention to these timely and important matters. Please call on my

office at 218-935 or Frank Bibeau, Executive Director of the 1855 Treaty Authority at

frankbibeau@gmail.com or 218-760-1258.

Coswwald

Mtigwéch,

Lem Mon

Terry Tibbetts, Chairman

WHITE EARTH BAND OF OJIBWE

Attachments: WEBO Rights of Manoomin Resolution No. 001-19-009

WEBO Rights of Manoomin Resolution No. 001-19-010

1855 Treaty Authority Rights of Manoomin Resolution No. 2018-05

ce: White Earth Band of Ojibwe

Cathy Chavers, President, Minnesota Chippewa Tribe

Robert L. Larsen, Board Chair, Minnesota Indian Affairs Council

Honorable Keith Ellison, Minnesota Attorney General

Honorable Peggy Flanagan, Minnesota Lt. Governor

Laura Bishop, Commissioner, Minnesota Pollution Control Agency

Sarah Strommen, Commissioner, Department of Natural Resources

Thomas Hingsberger, St. Paul District, U.S. Army Corps of Engineers

Patricia Olby, Bureau of Indian A ffairs

Walt Ford, Tribal Liaison U.S. Fish and Wild Life Service

Cathy Stepp, Administrator, Environmental Protection Agency Region 5

Frank Bibeau, 1855 Treaty Authority

P.O. Box 418 | White Earth, Minnesota 56591 | Tel. (218) 983-3285 | Fax (218) 983-3641

WHITE EARTH RESERVATION BUSINESS COMMITTEE

WHITE EARTH BAND OF CHIPPEWA INDIANS

Resolution No. @/ OF —f vA “0 7

WHEREAS, THE White Earth reservation Business Committee is the duly elected governing

body of the White Earth Reservation pursuant to Article Vi, Section 1 of the Revised

Constitution and Bylaws of the Minnesota Chippewa Tribe, as amended, and organized under

Section 16, of the Act of June 18, 1934 (48 Stat. 984): and

WHEREAS, manoomin, or wild rice, is considered by the Anishinaabeg people to be a gift from

the Creator, and manoomin is central to Anishinaabeg culture; and

WHEREAS, manoomin has been a staple in the diets of native people for generations, is a

central element of the culture, heritage, and history of the Anishinaabeg people, and is an

integral part of the ecosystems and natural communities of our traditional lands: and

WHEREAS, manoomin and the habitats it thrives in are threatened by hybridization, genetic

modification, sterilization, privatization, climate change, and other industrial and corporate

practices; and

WHEREAS, we recognize that to protect manoomin and our people, we must secure their

highest protection through the recognition of legal rights for the protection of manoomin.

NOW, THEREFORE BE IT RESOLVED, the White Earth Reservation Business Committee

hereby adopts the attached Rights of Manoomin Ordinance.

We do hereby certify that the foregoing resolution was enacted by a voie of 3 for, 0

against, _() silent, a quorum being eee a special meeting of the White Earth

Reservation Business Committee held on Comber el , 2018, in White Earth.

Terrence-STerry’ Tibbetts’ Chairman _ C ”

Leonard Alan Roy, Secretary/Treasurer e

Pagel of 5

WERBC Resolution

Rights of Manoomin

WHEREAS,

WHITE EARTH RESERVATION BUSINESS COMMITTEE

WHITE EARTH BAND OF CHIPPEWA INDIANS

Resolution No. 0 /-/7 - OVO

the White Earth Reservation Business Committee is the duly elected governing

body of the White Earth Reservation pursuant to Article VI, Section 1, of the

revised constitution of the Minnesota Chippewa Tribe, as amended, and organized

under Section 16, of the Act of June 18, 1934 (48 Stat. 984), and

the White Earth Reservation was established by Treaty in 1867 as a fina!

relocation reservation for the Chippewa of the Mississippi from our reservations

that were established through the 1855 Treaty at Gull Lake, Mille Lac, Sandy Lake,

Rabbit Lake, Pokagomin Lake, and Rice Lake, and

the federal government also previously attempted to remove the Chippewa of the

Mississippi from the 1855 reservations through the 1863 and 1864 Treaties with

the Chippewa, but such relocation was not carried through, and

the White Earth reservation has approximately one-half of the 40,000 total tribal

members enrolled in the Minnesota Chippewa Tribe, who are ail treaty

beneficiaries of the 44 Chippewa Treaties with the United States, and each tribal

member retains the usual rights of occupancy and to earn a modest living across

the 1855 ceded territory including the rights to hunt, fish, trap, and gather wild

rice and other plants, and

the United States Supreme Court decided the Minnesota v. Mille Lacs case in 1999,

and explained that treaties are liberally construed in favor of the Indians and “how

the Chippewa signatories to the Treaty understood the agreement because we

interpret Indian treaties to give effect to the terms as the Indians themselves

would have understood them”; and further concluded that “the historical record,

purpose, and context of the negotiations all support the conclusion that the 1855

Treaty was designed to transfer Chippewa land to the United States, not terminate

usufructuary rights,” and

Chief Flatmouth of the Pillager Band at Leech Lake was an important treaty

negotiator and signatory to the 1837 and 1855 treaties, and the 1837 treaty

journal clearly demonstrates Chief Flatmouth’s intentions on behalf of the

Chippewa as follows: “the Indians wish to reserve the privilege of hunting and

fishing on the lands and making sugar from the Maple,” and

Chief Flatmouth, further emphasized the importance of reserving usufructuary

rights on the ceded lands through the following assertions during the 1837 treaty

negotiations: “My Father. Your children are willing to let you have their lands, but

they wish to reserve the privilege of making sugar from the trees, and getting their

Page 2 of 5

WERBC Resolution

Rights of Manoomin

WHEREAS,

living from the Lakes and Rivers, as they have done heretofore, and of remaining

in this Country.... You know we cannot live, deprived of our Lakes and Rivers; ...

we wish to remain upon them, to get a living,” and

the United States Supreme Court has described our usufructuary use and

occupation rights, both on reservation and off reservation in the ceded territories,

as follows: “treaty protected rights to hunt, fish, trap and gather wild rice are

property rights to be used in whatever fashion the Indians, as owners, desire,

whether to eat, clothe, or sell.” As such, our usufructuary property rights are

protected by Congressional due Process, and are not subject to unilateral state

action, and

the 1855 Treaty ceded territory is at the top of three of the four North American

continental divides/watersheds: the Red River north to Hudson Bay; the

Mississippi River south to the Gulf of Mexico; and Lake Superior tributaries east to

the Atlantic Ocean; and prior to European contact, and prior to any of the treaties,

each of these water bodies were pristine and bountiful with natural resources

provided as gifts from the Creator who guided us here to the place where the

“manoomin” grows on the water, a place with which we have a Spiritual covenant

and responsibility to protect, and

the Chippewa Property rights in the 1855 ceded territory are not subject to state

regulation and are legally described as an undivided one-half interest in the

Minnesota ecosystem habitats to support our livelihoods, and necessarily include

the right to defend and protect the Chippewa freshwater resources through the

401 and 404 permitting processes Pursuant to the federal Clean Water Act, and

in response to Enbridge’s Line 3 proposal, the White Earth Band and the 1855

Treaty Authority previously coordinated with the Minnesota Chippewa Tribe, and

ultimately adopted the Anishinaabe Cumulative Impacts Assessment, which

concluded that climate change impacts of the Line 3 Proposal are too significant

to permit a new crude oil pipeline route through the treaty ceded territory,

particularly in light of the fact that there is no need for additional oi! production

for the United States market, and

we have determined that climate change impacts that would result from the Line

3 project must be considered within the 401 water quality certification process

through the Minnesota Pollution Control Agency because climate change impacts

could likely impact Minnesota water quality; and further that the 401 certification

process must consider potential oil spill impacts on water quality standards,

especially oil spills that exceed Minnesota’s wild rice standard because once

operational Line 3 has the potential to spill diluted bitumen which contains 3-4%

sulfur compounds, and

Page 3 of 5

WERBC Resolution

Rights of Manoomin

WHEREAS,

because the Minnesota Pollution Control Agency is currently in the process of

revising the sulfate standard for the purpose of protecting wild rice, and because

the agency has not finalized methods for identifying waters used for production

of wild rice or for assessing impairment of waters based on the existing wild ricerelated standard, the draft 2018 Impaired Waters List does not include any waters

assessed as impaired because the waters exceed the sulfate standard pertaining

to wild rice waters, and

we have been informed of the decision of Minnesota Administrative Law Judge

LauraSue Schlatter included in the Report of the Administrative Law Judge dated

January 9, 2018, and entitled in the Matter of the Proposed Rules of the Pollution

Control Agency Amending the Sulfate Water Quality Standard Applicable to Wild

Rice and Identification of Wild Rice Rivers, land] Minnesota Rules (OAH 80-9003-

34519), in which the following specific conclusions were reached:

(1) MPCA’s proposed repeal of the 10 me/L sulfate standard is rejected. . .

due to the Agency’s failure to establish the reasonableness of the repeal,

and because the repeal conflicts with the requirements of existing federal

and state law,

(2} the proposed equation-based sulfate standard ... proposed rule fails

to meet the definition of a rule under Minnesota Statutes,

(3) in addition, the proposed equation-based sulfate standard is not

rationally related to the Agency’s objective in this proceeding, and is

unconstitutionally void for vagueness, and

(4) the proposed list of approximately 1,300 wild rice waters at Minn. R.

7050.0471, subps. 3 through 9 cannot be sustained because it violates 40

C.F.R. §§ 131.3 and .11(h)(1), and

we know that Climate change affects lakes, and walleye in complex ways and that

years later an Ojibwe leader says Mille Lacs walleye have not recovered yet”, and

we understand that any increase in tar sands extraction and production will only

speed up climate change and compound environmental and aquatic problems in

Minnesota; and when walleye fishing people can’t fish Mille Lacs, they ultimately

shift further north to Big Sandy, Pokegama, Winnibigoshish, Cass Lake and Leech

Lake, which are all original 1855 reservations, and

the Minnesota Governor established the Governor’s Task Force on Wild Rice,

Executive Order 18-08 on May 28, 2018 and Executive Order 18-09 amending

Executive Order 18-08 recognizes that “wild rice is culturally important and

spiritually sacred to Minnesota’s Tribal Nations” and “the health of wild rice is

dependent on water quality and other habitat conditions” and that “the

restoration and protection of wild rice habitat requires collaboration among state

* See Climate change affects lakes, walleye in complex ways, by Elizabeth Dunbar on Minnesota Public Radio, Sept.

9, 2015 at https://www.mprnews.org/story/2015/409/09/walleve-climate-change

* See Ojibwe leader says Mille Lacs walleye have not recovered yet by Tony Kennedy Star Tribune OCTOBER 1,

2017 at http://www. startribune.com/ojibwe-leader-says-mille-lacs-wal leye-haye-not-recovered-yet/44884205 3/

Page 4 of 5

WEREBC Resolution

Rights of Manoomin

WHEREAS,

agencies, Tribal Nations, wild rice harvesters, industry, conservation advocacy

groups, and scientists,” but we find that the Executive Order fails to recognize the

federally protected property rights of the Chippewa of the Mississippi, and our

authority to take steps toward the protection of wild rice, and

the pattern and practice of the Minnesota state government of disrespecting and

oppressing the more than 20,000 Chippewa of the Mississippi from freely

exercising their usufructuary rights violates our equal protection rights because

the state respects the rights of some members of the signatory bands to Chippewa

treaties, while simultaneously and unilaterally denying those same rights to the

Chippewa of the Mississippi, whose ancestors were also signatories to the same

treaties, and

the White Earth Band has intervened in the Minnesota Public Utilities Commission

(PUC) proceedings pertaining to both the Sandpiper (fracked Bakken crude) and

the Line 3 Replacement (extracted tar sands crude) in an effort to protect the

freshwater habitats that support wild rice and prevent related climate change

impacts to air and water quality and our natural food resources that rely upon

avoiding risk of further degradation to the overall upper Mississippi river, and

the Mille Lacs Band of Ojibwe, Red Lake Band of Chippewa Indians and White Earth

Band of Ojibwe, Honor the Earth and Friends of the Headwaters, each parties to

the PUC proceedings involving Line 3, have appealed the PUC’s granting of a

Certificate of Need and Route Permit, and

the State of Minnesota has a legal obligation under federal law to honor and

respect our right to parity recognition to the same treatment of Chippewa

usufructuary property rights in the 1855 treaty ceded territory as has been

accorded in the 1837 and 1854 treaty ceded territories, and the state is further

obligated to recognize that co-management of on and off reservation resources

must include Chippewa priority to water rights and the right to withhold consent

as co-owner of the resources, and

White Earth Band of Ojibwe is one of the founding members of the 1855 Treaty

Authority, and in 2010 the Band adopted an off-reservation conservation code for

the 1855 ceded territory, and

the State of Minnesota has no trust responsibility to protect treaty rights or legal

authority to regulate tribal members’ harvest rights under federal treaties, and

the 1855 Treaty Authority has been regulating off reservation harvesting of wild

rice or “manoomin” by treaty beneficiaries of the 1855 Chippewa Treaty since

2010, and

Page 5 of 5

WERBC Resolution

Rights af Manoomin

WHEREAS, —=manoomin, or wild rice, is considered by the Anishinaabe people to be a gift from

the Creator and continues to be an important staple in the diets of native people

for generations, is a central element of the culture, heritage, and history of the

Anishinaabe people, and is an integral part of the wetland ecosystems and natural

communities of our traditional lands, and

WHEREAS, manoomin and the habitats in which it thrives are threatened by hybridization,

genetic modification, sterilization, privatization, climate change, and other

industrial and corporate practices, and we recognize that in order to protect

manoomin and our people, we must secure its highest protection through the

recognition of legal rights, and call upon the bands of the Anishinaabeg Nation,

and other relevant federations, commissions, and government entities, to secure

and protect the legal rights of manoomin and our people.

NOW THEREFORE BE IT RESOLVED, that the White Earth Reservation Business Committee hereby

determines that it is necessary to protect the health and welfare of our tribal members, as well

as the economic security of the White Earth Band through the protection of Manoomin and the

habitats in which it grows, and

BE IT FURTHER RESOLVED, that the RBC hereby establishes a requirement for providing written

notice to cease and desist to the State of Minnesota and other entities that take actions, or

permit others to take actions that endanger the clean, freshwater resources and necessary

habitats required for Manoomin to flourish, and

BE IT FINALLY RESOLVED, that the RBC hereby determines that it has become necessary to

provide a legal basis to protect wild rice and fresh water resources as part of our primary treaty

foods for future generations, and that such protections will be embodied in a tribal law entitled

“The Rights of Manoomin.”

We do hereby certify that the foregoing resolution was adopted by a vote of 3 for, 7

against, silent, a quorum being present at a special meeting of the White Earth Reservation

Business Committee held on tem Ler-3 |, 2018 in bhlA fia Zatth, Minnesota.

Terrence “Terry” Tibbetts, Chairman

Wy, A —

LebnafdAlarf Roy, Secretary/T reasui

RIGHTS OF MANOOMIN

Section 1. Statements of Law — Rights.

(a) Rights of Manoomin. Manoomin, or wild rice, within the White Earth Reservation

possesses inherent rights to exist, flourish, regenerate, and evolve, as well as inherent

rights to restoration, recovery, and preservation. These rights include, but are not limited

to, the right to pure water and freshwater habitat; the right to a healthy climate system

and a natural environment free from human-caused global warming impacts and

emissions; the right to be free from patenting; as well as rights to be free from infection,

infestation, or drift by any means from genetically engineered organisms, trans-genetic

risk seed, or other seeds that have been developed using methods other than traditional

plant breeding.

(b) Rights of Tribal Members. Tribal members of White Earth Band possess the right to

harvest manoomin, and protect and save manoomin seeds, within the White Earth

Reservation. This right shall include, but is not limited to, the right to manoomin that is

free from patenting, as well as free from infection, infestation, or drift by any means from

genetically engineered organisms, trans-genetic risk seed, or other seeds that have

been developed using methods other than traditional plant breeding.

collective and individual right of sovereignty, self-determination, and self-government,

which shall not be infringed by other governments or business entities claiming the right

to override that right. This shall include the right to enforce this law free of interference

from corporations, other business entities, governments, or other public or private

entities. That right shall include the right of tribal members to be free from ceiling

preemption, because this law expands rights-protections for people and manoomin

above those provided by less-protective state, federal, or international law.

(d) Rights as Self-Executing. All rights secured by this law are inherent, fundamental,

and unalienable, and shall be enforceable against both private and public actors without

further implementing legislation.

Section 2. Statements of Law — Prohibitions Necessary to Secure Rights.

(a) It shall be unlawful for any business entity or government, or any other public or

private entity, to engage in activities which violate, or which are likely to violate, the

rights or prohibitions of this law, regardless of whether those activities occur within, or

outside of, the White Earth Reservation.

(b) No government shall recognize as valid any permit, license, privilege, charter, or

other authorization issued to any business entity or government, or any other public or

private entity, that would enable that entity to violate the rights or prohibitions of this law,

regardless of whether the authorized activities occur within, or outside of, the White

Earth Reservation.

Section 3. Enforcement.

(a) The Tribal Government shall take all necessary actions to protect, implement,

defend, and enforce the rights and prohibitions of this law.

(b) Any business entity or government, or any other public or private entity, that violates

any provision of this law shall be guilty of an offense and, upon conviction thereof, shall

be sentenced to pay the maximum fine allowable under tribal law. Each day or portion

thereof, and each violation of each section of this law, shall count as a separate

violation.

any provision of this law shall also be liable for any damages to the manoomin and its

habitat caused by the violation. Damages shall be measured by the cost of restoring the

manoomin and its habitat to their state before the violation, and shall be paid to the

White Earth Reservation Business Committee to be used exclusively for the full and

complete restoration, recovery, and protection of the manoomin and its habitat.

(d) The White Earth Reservation Business Committee may enforce all of the provisions

of this law through an action brought in any appropriate court. In such an action, the

White Earth Reservation Business Committee shall be entitled to recover all costs of

litigation, including, without limitation, expert and aitorney’s fees.

(e) Manoomin within the White Earth Reservation may enforce its rights and the

prohibitions of this law through an action brought by the White Earth Reservation

Business Committee in any appropriate court, in the name of manoomin as the real party

in interest.

(f) Law enforcement personnel shall be prohibited from arresting or detaining persons

directly enforcing these rights; and, enforcement shall be consistent with Article 13

(Rights of Members) under the Revised Constitution and Bylaws of the Minnesota

Chippewa Tribe.

(g) The White Earth Reservation Business Committee and manoomin shall have the

right to intervene in any action concerning this law in order to enforce or defend it, and in

such an action, other parties to that action shall not be deemed to adequately represent

their particularized interests.

Section 4. Effective Date and Existing Permit Holders.

This law shall be effective immediately on the date of its enactment, at which point the law shall

apply to any and all actions that would violate this law regardless of the date of any applicable

local, state, or federal permit.

WHEREAS,

RESOLUTION 107-18

the Minnesota Chippewa Tribe is comprised of six member reservations

(Bois Forte, Fond du Lac, Grand Portage, Leech Lake, Mille Lacs, and

White Earth); and

the Tribal Executive Committee is the duly elected governing body of the

Minnesota Chippewa Tribe and is comprised of the Chairpersons and

Secretary/Treasurers from the six bands; and

our people have lived along the lakes, rivers, and streams of northern

Minnesota since time immemorial and Mother Earth has blessed our

homelands with an abundance of clean water where our sacred

manoomin (wild rice) flourishes; and

manoomin is not simply a resource, it played a central role in the migration

of Ojibwe and continues to hold a unique and sacred place in the lives and

traditions of the Minnesota Chippewa Tribe and our over 41,000 members:

and

decreasing water quality and environmental degradation caused by

irresponsible development and inadequate enforcement of the Clean

Water Act pose an existential threat to our sacred manoomin and in turn

our way Of life; and

it is critically important to protect clean water and the best way to protect

water in today’s society is to properly enforce the Clean Water Act; and we

ask that the Governor of the State of Minnesota and Minnesota Poilution

Control Agency to uphold State Water Quality Standards and the Clean

Water Act; and

on May 30, 2018, Governor Mark Dayton filed Executive Order 18-08

which provided for the establishment of the Governor's Task Force on

Wild Rice; and

the Governor's Task Force on Wild Rice was charged with reviewing

scientific literature to identify information related to the impacts of sulfate

or other sulfur compounds or habitat conditions on wild rice and shall

prepare comments that address environmental conditions that contribute

to wild rice population declines; and

Executive Order 18-08 provided that the Governor's Task Force on Wild

Rice would be comprised of: one representative nominated by the

Minnesota Indian Affairs Council; one representative nominated by the

Minnesota Chippewa Tribe; two independent scientists with expertise in

wild rice research and plant-based aquatic toxicity; one non-native wild

Resolution 107-18

Page 2 of 4

August 21, 2018

WHEREAS,

rice harvester; one representative from the ferrous mining industry; one

representative from the non-ferrous mining industry; one representative

from a municipal wastewater discharger; one representative from an

electric utility; one representative from a statewide labor organization; two

representatives from environmental nongovernmental organizations; and

one representative each from the DNR and MPCA to serve as ex officio

members; and

the Minnesota Chippewa Tribe responded to Executive Order 18-08 by

passing a resolution and sending a correspondence to Governor Dayton

informing him that each Band of the Minnesota Chippewa Tribe would like

to have one representative on the Governors Task Force on Wild Rice;

and

Governor Dayton responded by informing the Minnesota Chippewa Tribe

that the composition of the Governor's Task Force on Wild Rice was

governed by Minnesota Statutes 15.0593 and only fifteen (15)

representatives could be appointed to the task force in question; and

on June 28, 2018, Governor Mark Dayton filed Executive Order 18-09

which amended Executive Order 18-08 and changed the composition of

the task force in the following manner: the representative appointed by the

Minnesota Indian Affairs Council was deleted; one representative was to

be nominated by the four Minnesota Dakota Tribes; and one

representative was to be nominated by the Red Lake Nation; and

the proposed composition of the Governor's Task Force on Wild Rice

does not respect the sovereignty of the eleven federally-recognized Indian

Tribes, Bands, and Communities in the State of Minnesota, and our

unique status as federally recognized tribes that have guaranteed

usufructory rights by Treaties, and

the proposed Wild Rice Task Force composition does not acknowledge

that Indian tribes will be disproportionately affected by the loss of a

usufructory property rights directly related to legislation prohibiting

enforcement of existing water quality standards and the composition

minimizes the technical expertise, knowledge, and interests of Indian

tribes; and

the proposed Wild Rice Task Force composition directly relegates the

Tribes to the status of special interest groups and industry rather than

honoring Tribal sovereignty; and

Resolution 107-18

Page 3 of 4

August 21, 2018

WHEREAS,

treating Indian tribes like special interest groups is disrespectful and

contrary to Executive Order 13-10 which provides that “[a]ll Executive

Branch agencies of the State of Minnesota shall recognize the unique

legal relationships between the State of Minnesota and the Minnesota

Tribal Nations, respect the fundamental principles that establish and

maintain this relationship, and accord Tribal Governments the same

respect accorded to other governments”; and

the proposed composition of the Governor's Task Force on Wild Rice is

similar to the MPCA Wild Rice Advisory Board where during the process

and through consultation, the comprehensive comments provided on

behalf of Indian tribes to the MPCA was disregarded entirely and not

incorporated in the proposed wild rice rule; and

the Tribal Executive Committee of the Minnesota Chippewa Tribe finds

that it is in the Tribe’s best interest to decline/reject the Governor’s offer to

participate in the Governor's Task Force on Wild Rice and instead will

form a task force of its own expertise by inviting the other federally

recognized Indian tribes in Minnesota to participate in gathering and

reviewing information, preparing comments, and recommendations; and

BE IT RESOLVED, that the Minnesota Chippewa Tribe declines the Governor's offer to

participate in the Governor's Task Force on Wild Rice; and

BE IT FURTHER RESOLVED, that the Minnesota Chippewa Tribe hereby establishes

the Tribal Wild Rice Task Force which will be comprised, provided that

such other federally-recognized tribes in Minnesota choose to participate,

of:

a. two representatives nominated by the Bois Forte Band;

b. two representatives nominated by the Fond du Lac Band;

Cc. two representatives nominated by the Grand Portage Band;

d. two representatives nominated by the Leech Lake Band;

é. two representatives nominated by the Mille Lacs Band;

f. two representatives nominated by the White Earth Band;

g. two representatives nominated by the Red Lake Nation;

Resolution 107-18

Page 4 of 4

August 21, 2018

h. two representatives nominated by the Lower Sioux Indian

Community;

i. two representatives nominated by the Prairie Island Indian

Community;

j. two representatives nominated by the Shakopee Mdewakanton

Sioux Community; and

k. two representatives nominated by the Upper Sioux Community.

BE IT FURTHER RESOLVED, that the Tribal Wild Rice Task Force will review existing

literature, including literature and information based on tradition, culture,

and science, that is available to inform the understanding of the impacts of

sulfate or other sulfur compounds on habitat conditions on wild rice,

identify information gaps, make recommendations on priorities for wild rice

research and prepare a report with recommendations in a similar fashion

to that included in Executive Order 18-08, and provide such report to the

Governor by December 15, 2018; and

BE IT FINALLY RESOLVED, that this Resolution shall serve as an official invitation to

the other federally-recognized tribes in Minnesota to participate in the

Tribal Wild Rice Task Force, shall serve as the official response to

Governor Mark Dayton concerming the Governor's Task Force on Wild

Rice, and shall serve as notice to the State of Minnesota and its agencies

that the Minnesota Chippewa Tribe will only participate in government to

government consultation on this issue with the Governor or an

appropriately high ranking official.

We do hereby certify that the foregoing Resolution was duly presented and acted upon

by a vote of 9 For, _Q Against, 0 Silent, at a Special Meeting of the Minnesota

Chippewa Tribal Executive Committee, a quorum present, held on August 21, 2018 in

Onamia, Minnesota.

Kevin R. Dupuis, \Sr., President Melanie Benjamin, Secreta

THE MINNESOTA CHIPPEWA TRIBE THE MINNESOTA CHIPPE TRIBE

OFFICERS BOARD MEMBERS

CHAIRMAN RAY AUGINAUSH SR

ARTHUR LAROSE Monica HEDSTROM i :

ALFRED Fox, JR.

VICE-CHAIR ARCHIE LAROSE ey r

RAY AUGINAUSH SR RicHARD ROBINSON PO Box 418

SECRETARY/ TREASURER DALE GREENE, JR. WHITE EARTH, MN 56591

SANDRA SKINAWAY

MICHAA AUBID

1855 TREATY AUTHORITY

East LAKE # LEECH LAKE @ MILLELACS ¢ SANDY LAKE # WHITE EARTH

Immediate Release January 11, 2019

CHIPPEWA ESTABLISH RIGHTS OF MANOOMIN ON WHITE EARTH

RESERVATION AND THROUGHOUT 1855 CEDED TERRITORY

Rice Lakes, MN — Recently the White Earth Band of Ojibwe and the 1855 Treaty

Authority adopted Rights of Manoomin for on and off reservation protection of

wild rice and the clean, fresh water resources and habitats in which it thrives. The

Rights of Manoomin were adopted because “it has become necessary to provide a

legal basis to protect wild rice and fresh water resources as part of our primary

treaty foods for future generations” according to resolutions.

“Look what’s happened to the sturgeon” said Terry Tibbetts, Chairman of White

Earth Band of Ojibwe, “our most important foods have always been fish and wild

rice. These are important treaty rights that are essential to protect and require

consensually, co-managed natural resources and harvesting with the State

throughout our ceded territories.”

Tribal leaders and Chippewa members are hoping the recent, federal legal

experience as U.S. Representatives for Governor Walz and Attorney General

Ellison means they already understand tribal sovereignty and treaty rights. Lt.

Governor Flannigan, also a White Earth member, served as a member of the

Minnesota House of Representatives from 2015 to 2019 and is well acquainted

with Enbridge’s Line 3 and PUC challenges from tribal communities.

“Even Governor Dayton recognized that wild rice is culturally important and

spiritually sacred to Minnesota’s Tribal Nations and the health of wild rice is

dependent on water quality and other habitat conditions noting the restoration and

TREATY WITH THE CHIPPEWA, 1855.

Feb. 22, 1855. | 10Stat., 1165. | Ratified March 3, 1855. | Proclaimed Apr. 7, 1855.

protection of wild rice habitat requires collaboration in his call for a wild rice task

force” said Frank Bibeau, Executive Director of the 1855 Treaty Authority.

“Unfortunately, Governor Dayton stacked his task force with industry interests

while cutting short tribal seats,” added Bibeau, “and fortunately, treaties are the

supreme law of the land and we Chippewa have (U.S.) Constitutionally protected,

usufructuary property rights to hunt, fish, trap and gather wild rice.”

The Rights of Manoomin, modeled after the Rights of Nature, codify the right of

manoomin to the right to pure water and freshwater habitat; the right to a healthy

climate system and a natural environment free from human-caused global warming

impacts and emissions and more. The White Earth Band of Ojibwe and 1855

Treaty Authority worked with the Community Environmental Legal Defense Fund

(CELDF), with its International Center for the Rights of Nature, in the

development of the draft law. “This is a very important step forward in the Rights

of Nature movement. This would be the first law to recognize legal rights of plant

species,” explains Mari Margil, CELDF’s associate director.

“We understand that it is the individual tribal members’ usufructuary rights to

gather food and earn a modest living that are essential to our lives and important

for the success of future generations’ ability to maintain our culture and traditions”

said Bibeau, adding “we understand WATER IS LIFE for all living creatures and

protecting abundant, clean, fresh water is essential for our ecosystems and wild life

habitats to sustain all of us and the Manoomin.”

This important ordinance will secure for manoomin much needed stronger

protection from environmentally degrading projects. “Manoomin is sacred to the

Anishinaabeg, and it is time the law reflects this,” explains Winona LaDuke,

executive director, Honor the Earth. “I was very glad to be present when the White

Earth Band of Ojibwe Tribal Council met to adopt Rights of Manoomin.”

Please find attached Resolutions for Rights of Manoomin for White Earth Band of

Ojibwe and 1855 Treaty Authority. For more information about this release and

the 1855 Treaty Authority please contact frankbibeau@gmail.com or call Frank

Bibeau at 218-760-1258.

OFFICERS BoakpD MEMBERS

CHAIRMAN STEVEN CLARK

ARTHUR LAROSE MONICA HEDSTROM

ALFRED Fox, JR. |

VICE-CHAIR ARCHIE LAROSE ,

STEVE CLARK RICHARD ROBINSON PO Box 418

DALE GREENE, JR. Wutre EartH, MN 56591

SANDRA SKINAWAY

SECRETARY/ TREASURER

; MICHAA AUBID

SANDRA Sxiwaway

1855 TREATY AUTHORITY

EASTLAKE ¢ LEECH.LAKE ¢ MILLE LACS. ¢ SANDY LAKE ¢- WHITE EARTH

RESOLUTION ESTABLISHING RIGHTS OF MANOOMIN

RESOLUTION # 2018-65

WHEREAS, the 1855 Treaty Authority is comprised of treaty beneficiary members of

the 1855 Treaty between the Chippewa Indians and prior Chippewa

Treaties with the United States with regard to territory that became what.is

now. known as. Minnesota; and.

WHEREAS, the many Chippewa signatory Bands have reserved hunting, fishing,

gathering and resource management rights and responsibilities in the 1855

Treaty ceded-territory; and

WHEREAS, the 1855 Treaty Authority has petitioned the Department of Interior and

Bureau of Indian Affairs seeking federal protection of off reservation and

perpetual usufructuary use and property interests in the 1855 Treaty ceded

territory, which includes numerous unimpaired waters inclusive of waters

vital to. the production of wild rice, the plant of supreme cultural

significance to-the Chippewa; and

WHEREAS, the State of Minnesota has no federal trust responsibility or legal authority

to regulate tribal members’ harvest rights under federal treaties or the

Congressional act.granting limited-civil or criminal jurisdiction under

‘Public: Law 83-280 (18 U.S.C. $1162, 28 LLS.C. § 1360);.and

WHEREAS, the 1855 Treaty Authority has been regulating off reservation harvesting by

treaty beneficiaries of the 1855 Chippewa Treaty; and

TREATY WITH THE CHIPPEWA, 1855.

Feb. 22, 1855. | 10 Stat., 1165. | Ratified March 3, 1855. | Proclaimed Apr. 7, 1855.

1855 Resolution 2018- O8 _ Establishing Rights of Manoomin

Dec. 5, 2018, p. 2

WHEREAS, manoomin, or wild rice, is considered by the Anishinaabe people to be a

gift from the Creator or Great Spirit and continues to be an important staple

in the diets of native peoples for generations, is a central element of the

culture, heritage, and history of the Anishinaabe people, and is an integral

part of the wetland ecosystems and natural communities of our traditional

lands;

WHEREAS, manoomin and the habitats it thrives in are threatened by hybridization,

genetic modification, sterilization, privatization, climate change, and other

industrial and corporate practices, and we recognize that to protect

manoomin and our people, we must secure its highest protection through

the recognition of legal rights, and call upon the bands of the Anishinaabeg

Nation, and other relevant federations, commissions, and government

entities, to secure and protect the legal rights of manoomin and our peoples;

NOW THEREFORE BE IT RESOLVED, that the 1855 Treaty Authority now

establishes the Rights of Manoomin to provide written notice to the State of

Minnesota and other entities which threaten and endanger the clean,

freshwater resources and necessary habitats for Manoomin, that it has

become necessary to provide a legal basis to protect wild rice and fresh

water resources as part of our primary treaty foods for future generations.

CERTIFICATION

We do hereby certify that the forgoing resolution was duly adopted at a regular meeting

of the 1855 Treaty Authority, a quorum being a held at Mahnomen, Minnesota on

meeting.

Abs AIGA dala be [binowars

Arthur “Archie” LaRose, Chairman Sandra Skinaway, Secretary- Treasurer

1855 Resolution 2018-05 Establishing Rights of Manoomin

Gec 3, 2018, p. 3.

Rights. of Maneemin-

Section 1. Statements of Law — Rights.

(a) Rights of Manoomin. Manoomin,-or-wild tice, within all the Chippewa

ceded territories possesses inherent rights “to exist, flourish,

regenerate, and evolve, as well as inherent rights to restoration,

recovery, and preservation. These rights include, but are not limited

to, the right to pure water and freshwater habitat; the right to a healthy

climate system. and a natural environment free from human-caused:

global warming impacts and emissions; the right to. be-féee--ffon

patenting; as well as rights to be free from infection, inféstation, or

drift by any means from genetically engineered organisms, transgenetic risk seed, or other seeds that have been developed using

methods other than traditional plant breeding.

(b) Rights of Tribal Members. Tribal.members of various Chippewa tribes

and Bands possess the right to harvest -‘manoomin, and protect and

save manoomin seeds, within the 1855 ceded territory and beyond.

This right shall include, but is not limited to, the right to manoomin

that is free from patenting, as well as free from infection, infestation,

or drift by any means. from genetically engineered organisms, trans~

genetic risk seed, or other seeds.that have been developed using.

methods other than traditional plant breeding.

collective and individual right of sovereignty, self-determination, and

self-government, which shall net be infringed by ether governments

or business entities claiming the right to override our rights. This

shall include the right to enforce this law free of interference from

corporations, other business entities, governments, or other public or

private entities. These rights pre-date treaties and a derived from the

individually held, usufructuary property rights protected by USS.

Constitutional due process, as part of the supreme law of the land.

(d) Rights as Self-Executing. Alf rights secured by this law are inherent,

fundamental, and unalienable, and shall be enforceable against both

private and public actors without further implementing legislation.

1855 Resolution 2018- OS Establishing Rights of Manoomin

Bex. 5S 22S, cn. a

Section 2. Statements of Law — Prohibitions Necessary to Secure Rights.

(a) It shall be unlawful for any business entity or government, or any other

public or private entity, to engage in activities which violate, or which

are likely to violate, the rights or prohibitions of this law, regardless of

whether those activities occur within, or outside of, the 1855 ceded

territory.

(b) No government shall recognize as valid any permit, license, privilege,

charter, or other authorization issued to: any business entity. or

government, or any other public:or. private entity, that would enable:

that entity to: violate:the rights or prohibitions of this law, regardless

of whether the authorized activities occur within, or outside of, the

1855 ceded territory.

Section 3. Enforcement.

{a@) The 1855 Treaty Authority shall take all necessary actions to protect,

implement, defend, and enforce the rights and prohibitions of this law;

and in particular Clean Water Act sections 401 and 404 permitting

because we have a collective, one-half, undivided interest is the

ecosystem that supports our way of life and because water is life and

supports. our primary foods .of wild rice, fish and game which all rely

on other important natural resources.

(b) Any business entity or government, or any other public or private entity,

that violates any provision of this law shall be guilty of an offense

and, upon conviction thereof, shall be sentenced to pay the maximum

fine -allowable under tribal law. Each day or portion thereof, and each

violation of each section of this law, shall count as a separate

violation.

that violates any provision of this law shall also be liable for any

damages. to the manoomin: and its habitat caused by the violation.

Damages shail be measured by the cost of restoring the manoomin

1855 Resolution 2018- O5 Establishing Rights af Manoomin

and its habitat to their state before the violation, and shall be paid to:

an escrow account established by the tribunal to be used exclusively

for the full and complete restoration, recovery, and protection of the

manoomin and its habitat.

(d) The 1855 Treaty Authority, or any enrolled member of the Chippewa

bands, may enforce all of the provisions of this law through an action

brought in any appropriate court or other legal forum. In such an

action, the 1855 Treaty Authority or the Band member shall be

entitled to recover all costs of litigation, including, without limitation,

expert and attormey’s fees.

{e) Manoomin within: the 1855 ceded territory may enforce its-rights and the

prohibitions of this law through an action brought by the 1855 Treaty

Authority or any Band member of the many and various Chippewa

Bands in any appropriate court, tribunal or legal forum in the name of

manoown as the real party in interest.

(g) Any Chippewa Band members, the 1855 Treaty Authority and

manoomin shall have the right to intervene in any action concerning

this law in order to enforce or defend it, aud in such an action, other

‘parties to ‘that action shall not be-deemed to adequately represent their

particularized interests.

Section 4. Effective Date and Existing Permit Holders.

This law shall be effective immediately om the date of its enactment, at

which point the law shall apply to any and all actions that would violate this

law regardless of the date of any applicable local, State, or federal permit.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.