'WE WON' | Court Rules Mille Lacs Reservation Boundaries Intact

By VIVIAN LaMOORE, OJIBWE INAAJIMOWIN EDITOR

March 4, 2022, was a historic day for Mille Lacs Band members.

“We won,” exclaimed Chief Executive Melanie Benjamin on March 4, 2022, after she was notified that U.S. District Court Judge Susan Richard Nelson issued a key ruling in the legal case between the Mille Lacs Band and Mille Lacs County.

In the 93-page opinion Judge Nelson wrote: “Over the course of more than 160 years, Congress has never clearly expressed an intention to disestablish or diminish the Mille Lacs Reservation. The Court therefore affirms what the Band has maintained for the better part of two centuries — the Mille Lacs Reservation’s boundaries remain as they were under Article 2 of the Treaty of 1855.”

The Mille Lacs Band filed the underlying lawsuit against Mille Lacs County because the county prevented Mille Lacs Tribal Police from being able to exercise law enforcement authority within the reservation boundary. While the federal government and State of Minnesota both acknowledge the 1855 reservation boundary, Mille Lacs County has refused to do so. While one of the primary impacts of the ruling will be to strengthen law enforcement on the reservation, the emotional impact for Band members goes far beyond public safety.

In her opinion, Judge Nelson repeatedly noted the relentless efforts of Shaboshkung and other ancestors to hold the United States accountable for keeping President Lincoln’s word that the Band could remain on its homelands forever.

“This ruling reaffirms what Shaboshkung began fighting for in the 1860’s, what every leader since has carried on, and what we have always known — that our reservation was never diminished, that we are Non-Removable, and that this reservation will be our home into perpetuity,” said Mille Lacs Band Chief Executive Melanie Benjamin. “It is our sincere hope that this decision will allow us to move beyond the need to fight with Mille Lacs County over our very existence. Instead, we invite the county — and all of our local governments — to come along side us and join with us in the fight for a better future for all of our communities for generations to come.”

The Band filed a motion on February 1, 2021, asking the Court to rule that the Mille Lacs Reservation created in the Treaty of 1855 remains intact. Mille Lacs County also requested a partial summary judgment ruling that the Reservation no longer exists.

The lawsuit alleges that the County, County Sheriff, and County Attorney restricted Band police officers from exercising police powers within the Mille Lacs Indian Reservation, in a manner that was inconsistent with federal law defining the Band’s law enforcement authority. The Band is seeking a declaration clarifying its inherent law enforcement authority and preventing the County from taking any actions that interfere with that authority.

The Court had earlier agreed to defer motions on the scope of the Mille Lacs Band’s law enforcement authority until the Court resolves the “issues relating to the status of the 1855 Mille Lacs Indian Reservation.“

That ruling has now been made.

“There are important law enforcement questions that Judge Nelson has yet to decide,” Chief Executive Benjamin wrote in a Facebook post on that date. “On the question of our Reservation, however, we have persevered. This is a moment in our history that I will never forget, and I wanted to share this good news with you, the Band members. In our hearts, we always knew this has always been — and will always be — our homeland. Miigwech to all Band members. Some of us have waited all of our lives for this news. Today is a good day. Miigwech!”

The ruling, however, has caused non-Band member county residents to ask the question, “What next?”

The County issued a statement that said, “We believe [the Court] reached the wrong conclusion. We expect to appeal this decision to the Eighth Circuit Court of Appeals and that the case may ultimately land in the U.S. Supreme Court.”

The County’s statement also continued citing, “This will be a significant change for the many residents and businesses in the area that have, for over a century, been living with the shared understanding that their land was not on an Indian Reservation.”

But the facts are the facts. The Band continues to attempt to ease the unnecessary fears of non-Band members by reaffirming the facts to the most frequently asked questions.

What does this mean for Band members? It means that their homelands have always existed and always will. It means that the Band will continue to have the right to self-govern what happens on Band lands without interference from the county.

What does this mean for non-Indian neighbors? Nothing — it is business-as-usual. The Band will always work to be good neighbors, just like other tribes do. Please see the FAQ page on the Mille Lacs Band website at https://millelacsband.com/home/faq.

To date, the County has spent over $7 million of Mille Lacs County tax-payer’s money to fund litigation in the lawsuit. Even without appealing this ruling, that number is sure to rise as the main body of the case has yet to be determined. If the ruling/ case is appealed, and follows through to the Supreme Court, the litigation fees will continue to escalate, which could cost tax payers millions more. The Mille Lacs County Facebook page has over 155 comments on the subject of rising costs to tax payers who do not appear to be pleased with the County spending $7 million, nor do they appear to be happy about the county spending more tax dollars to continue the fight on the boundary issue.

The County continues to defend its decision and intent to appeal Judge Nelson’s ruling by posting on the County website, “Unless reversed on appeal, this ruling on the Mille Lacs Reservation’s status increases the size and scope of ‘Indian Country’ within Mille Lacs County.” For neighbors who are worried about living in Indian Country, think about this: There are over 1,000 non-Indian people living inside the boundary of the Leech Lake reservation. Cass County and the tribe have an outstanding relationship. Part of the city of Cloquet is inside the Fond du Lac Reservation, where there are allegedly more non-Natives than Fond du Lac members living on the reservation. The entire city of Palm Springs is on a Reservation, as is a large part of Tacoma, Washington. And nearly half of the state of Oklahoma is considered Indian reservation land representing various federally recognized tribes.

The County’s statement concludes using words such as “potential impacts to residents who live, work, and do business in the 61,000 acres Judge Nelson held constitute the Mille Lacs Reservation.” The word "potential" implies the possibility of impacts. However, for more than 20 years, the County has been unable to demonstrate any harm from the existence of the Reservation. On three occasions, including a ruling by Judge Nelson earlier in this case, federal courts found that the County failed to establish any such harm. The statement can be found at https://tinyurl.com/mr295cw7

“This ruling reaffirms what our ancestors fought for and understood and what we have always known — that our Reservation is our permanent home, that it was never lawfully disestablished or diminished, and that it will be our home forever,” Chief Executive Benjamin said.

The case started out about law enforcement, and those questions are still before the Court. The case is not over. The boundary was one issue in the case.