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Treaties, Law, and Case Law
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Treaties Regarding Anishinaabeg
Usufructuary Rights in Minnesota
Treaty with the Sioux & Chippewa - 1825
Demarcation of Boundary Line between the Anishinaabeg and Bwaanag (Dakota) Nations.
Usufructuary rights were maintained by the respective tribes
http://digital.library.okstate.edu/kappler/Vol2/treaties/sio0250.htm
Treaty with the Chippewa - 1826
Treaty at Fond du Lac
Note: Article 3 on Metals and Minerals Rights
http://digital.library.okstate.edu/kappler/Vol2/treaties/chi0268.htm
Treaty with the Chippewa - 1829
Treaty at Prairie du Chien
Usufructuary Rights maintained under Article 7.
http://digital.library.okstate.edu/kappler/vol2/treaties/chi0297.htm
Treaty with the Chippewa - 1837
Treaty at St. Peters
Note: Article 5 - Hunting, Fishing and Manoomin Rights on Ceded Lands
http://digital.library.okstate.edu/kappler/Vol2/treaties/chi0491.htm
Treaty with the Chippewa - 1842
Treaty at La Pointe
Note: Article 2 - Usufructuary Rights and Article 6 - Mining District Rights
http://digital.library.okstate.edu/kappler/Vol2/treaties/chi0542.htm
Summary of Isle Royale Agreement - 1844
Agreement with the Anishinaabeg of Grand Portage
Note: The Anishinaabeg of Grand Portage were initially excluded from the Treaty of 1842. Through the 1844 Agreement, Grand Portage became signatories to the 1842 Treaty.
http://books.google.com/books?id=7tYRAAAAYAAJ&pg=PA22#v=onepage&q&f=false
Treaty with the Chippewa of the Mississippi and Lake Superior - 1847
Total land cession in the Gull Lake and Crow Wing areas; No reservation established for the
Gull Lake Band. Usufructuary rights maintained under the Treaty of 1837.
http://digital.library.okstate.edu/kappler/Vol2/treaties/chi0567.htm
Treaty of with the Chippewa - 1854
Treaty at La Pointe with the Lake Superior and Mississippi Anishinaabeg. Although not mentioned specifically, the 1854 did not extinguish the usufructuary rights under the Treaty of 1837.
http://digital.library.okstate.edu/kappler/Vol2/treaties/chi0648.htm
Treaty with the Chippewa - 1855
Treaty at Washington with the Mississippi, Pillager, Winnibigoshish and Anishinaabeg
Note: Although not mentioned specifically, the 1855 Treaty did not extinguish the usufructuary rights under the Treaty of 1837.
http://digital.library.okstate.edu/kappler/Vol2/treaties/chi0685.htm
Treaty with the Chippewa - Red Lake and Pembina Bands, 1863
Treaty with the Chippewa - Red Lake and Pembina Bands, 1864
Ojibwe Treaty Statement - 1864
Delegation of Minnesota and Wisconsin Ogimaag who traveled to Washington to file a list of grievances including treaty violations of the treaties of 1825, 1826, 1837, 1842, 1854, and 1847. Note: Spelling is as it appears in the original document.
| ojibwe_treaty_statement.docx |
Treaty with the Chippewa, Mississippi, and Pillager and Lake Winnibigoshish Bands - 1865
http://digital.library.okstate.edu/kappler/Vol2/treaties/chi0862.htm
Treaty with the Chippewa - Bois Forte Band - 1866
Lands ceded with the establishment of the Bois Forte reservation.
Usufructuary maintained under the Treaty of 1837.
http://digital.library.okstate.edu/kappler/Vol2/treaties/chi0916.htm
Treaty with the Chippewa of the Mississippi - 1867
Creation of White Earth Reservation.
Usufructuary rights maintained under the Treaty of 1837.
http://digital.library.okstate.edu/kappler/Vol2/treaties/chi0974.htm
Agreement of 1889 - Red Lake
Agreement of 1904 - Red Lake
Order of Restoration - Red Lake - 1945
Case Law Regarding Indigenous Usufructuary Rights in the U.S.,
including Anishinaabeg Court Decisions
U.S. v. Winyans
Wiyans established the fact that treaties were not a grant of rights to Native but rather a grant of right from them.
http://www.utulsa.edu/law/classes/rice/USSCT_Cases/US_v_Winans_198_371.htm
Winters v. United States - 1908
Court Case involving Fort Belknap and establishment of Reservation Water Rights
http://www.utulsa.edu/law/classes/rice/USSCT_Cases/Winters_v_US_207_564.htm
Tulee v. State of Washington - 1942
Early Recognition of Off-Reservation Fishing Rights
http://www.utulsa.edu/law/classes/rice/USSCT_Cases/Tulee_v_Washington_315_681.htm
United States of America / Quinault Tribe of Indians et al.,
v. State of Washington - 1974
(The Boldt Decision)
First Court Decision to Recognize Off-Reservation Treaty Rights
http://www.ccrh.org/comm/river/legal/boldt.htm
State of Washington v. United States - 1979
Court Case involving Tribes of the Northwest and Off-Reservation Water Rights
http://www.utulsa.edu/law/classes/rice/USSCT_Cases/Wash_v_Wash_St_Comm_Pass_FVA_443_658.htm
United States v. Michigan - 1981
Court Case involving the Bay Mills and Sault Ste. Marie Anishinaabeg in regard to tribal conservation vs. state regulation and conservation.
http://openjurist.org/653/f2d/277/united-states-v-state-of-michigan-a
Lac Courte Oreilles Band of Lake Superior Indians v. Voigt v. United States - 1983 (The Voigt Decision)
Affirmation of the Usufructuary Rights of the signatories of the 1854 Treaty.
http://openjurist.org/700/f2d/341/lac-courte-oreilles-band-of-lake-superior-chippewa-indians-v-p-voigt-united-states
Kittitas Reclamation District v. Sunnyside Valley Irrigation District - 1985
Court Case involving the Yakima Nation in regard to Off-Reservation Water Rights
and State Water Rights.
http://openjurist.org/763/f2d/1032/kittitas-reclamation-district-v-sunnyside-valley-irrigation-district
United States v. Oregon - 1985
Court Case involving the Confederated Tribes and Bands of the Yakima Indian Nation; the Confederated Tribes of the Warm Springs Reservation of Oregon; Confederated Tribes of the Umatilla Indian Reservation in regard to the need to afford treaty rights equal treatment with other uses.
http://federal-circuits.vlex.com/vid/bands-yakima-warm-umatilla-nez-perce-37078512
State of Minnesota v. Russell Shabaiash, et al. - 1992
Court Case in which three Anishinaabeg men spearfishing in 1854 Ceded Lands were charged with fishing violations because they were not members of the bands subject to the Treaty.
http://mn.findacase.com/research/wfrmDocViewer.aspx/xq/fac.%5Cmn%5CPLS%5C1992%5C19920519_0001.MN.htm/qx
Fond du Lac Band of Indians v. Carlson, et al - 1995
Court Decision in which the State of Minnesota is obligated to uphold
Usufructuary Rights in regard to 1854 Treaty.
http://openjurist.org/68/f3d/253/fond-du-lac-band-of-chippewa-indians-v-carlson-b
Minnesota v. Mille Lac Band of Chippewa Indians - 1999
Affirmation of Usufructuary Rights of Anishinaabeg signatories of the 1855 Treaty.
http://www.law.cornell.edu/supct/html/97-1337.ZO.html
United States v. Gotchnik, et al. - 2000
Court Case Affirming Ceded Land Rights Regarding Bois Forte Members
http://law.justia.com/cases/federal/appellate-courts/F3/222/506/478287/
Wisconsin v. Environmental Protection Agency /Sokaogon Chippewa Community - 2001 (Mole Lake)
http://caselaw.findlaw.com/us-7th-circuit/1332619.html
United States v. Michigan - 2005
Court Case involving the Anishinaabeg of Bay Mills, Sault Ste. Marie, Grand Traverse, Little River, and Little Traverse regarding Usufructuary Rights on Lake Superior.
http://caselaw.findlaw.com/us-6th-circuit/1176993.html
Treaty Rights and Forest Service Responsibilities
http://www.fs.fed.us/people/tribal/trib-2.pdf
Memorandum of Understanding Regarding Tribal - USDA Forest Service Relations on National Forest Lands within the Territories Ceded in Treaties of 1837, 1837 and 1842
From the Voigt Inter-Tribal Task Force 1999. Although this Memorandum covers National Forest land in Wisconsin, it provides a reference point for usufructuary rights on Ceded Lands located on National Forest land in the U.S.
http://www.fs.fed.us/spf/tribalrelations/documents/agreements/treaties-of-1837-1842.pdf
Native American Fish and Wildlife Resources Management Act of 2004
http://www.theorator.com/bills108/s2301.html
The Winters Doctrine
CRS: Indian Reserved Water Rights Under the Winters Doctrine: An Overview
| rl32198.pdf |
