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Lawsuit

bturck

By bturck
in Mille Lacs Lake Fishing Reports

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bturck Grand Master

bturck

Posted
Posted

I read an article in the local rag the other day about the county lawsuit to gain back land which apparently is not reservation land according to prior court rulings. I believe this encompassed Isle, Wahkon, and Onamia. If that decision were to be upheld how would it affect the current law regarding the Indian harvest of walleyes. I thought I would pose this question to those of you are very connected to the lake. Thanks for the input. This is a great site and the information is appreciated. What a great year it was a well on the pond. I still get goosebumps when I think of some of the fish that I released.

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Well, i hate to Be a smart ***,

Its all old news. If you think that the fedral government is gonna give that land back, you're nuts. I've done my research, so I've got every right to talk like this. This is taking place because of all the complaining going on about that land and lake. With everyone complaining, the state is forced to do something. This is what the state is saying ...."well everybody's pissed so we better do something so that we don't look bad" I read the same article turck did and it also said that the state also has 1 MILLION DOLLARS set aside for legal battles. What a waste! Hey don't start callin me mr negative. This is just what I think from what I know. I welcome other theories as long as you can prove it.

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Don't let your meat loaf

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PERM board supports Mille Lacs County decision on reservation boundary

At the December meeting, the PERM Board of Directors voted to adopt a resolution of support for a recent decision by the Mille Lacs County Board to pursue litigation to resolve the boundary dispute with the Mille Lacs Band of Ojibwe over the Mille Lacs Reservation.

On November 20, 2001, the Mille Lacs County Board unanimously adopted a motion "To initiate litigation to resolve the Mille Lacs Reservation issue at the appropriate time and in the appropriate forum..." The County and Band have been meeting for several months trying to resolve some of the many issues related to the existence and size of the Mille Lacs Lake Reservation. The talks have not produced any satisfactory results, thus the decision by the County to prepare for litigation.

The Mille Lacs Band and several federal agencies claim that the Mille Lacs Reservation of approximately 61,000 acres continues to exist on the south end of Mille Lacs Lake. Mille Lacs County contends that the reservation no longer exists, but was disestablished through treaties, Acts of Congress and U.S. Supreme Court decisions. Currently, the federal government has title to over 3,000 acres held in trust for the Mille Lacs Band.

PERM has been at the forefront of tribal issues at Mille Lacs Lake since its involvement with the 1837 Treaty hunting and fishing rights lawsuit. Part of a deal worked out by the State of Minnesota and the Mille Lacs Band in the early 1990’s would have recognized the continued existence of old reservation boundaries created in an 1855 treaty. Not only would the resurrection of a long-since disestablished Indian reservation affect a host of jurisdictional issues for state and local government, the existence of the 1855 Mille Lacs reservation would impact natural resource management in the area, in particular, the Band's claim to fish in Mille Lacs Lake. For these reasons, PERM has been very concerned about the dispute over the current size of the Mille Lacs Reservation or whether the reservation still exists at all. PERM contends it does not.

According to PERM Board member Howard Thurber of Wahkon, Minnesota " The PERM Board felt it was necessary to adopt a resolution in support of the Mille Lacs County decision to resolve this dispute, and reiterate PERM’s commitment to prepare for possible litigation over the issue." PERM Chairman Pat Doroff pointed out that PERM has acquired a wealth of information that has a direct relevance to the reservation boundary issue from our involvement in the 1837 Treaty lawsuit. This information will be helpful as the reservation dispute heads to court.
This article was courtesy of PERM

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MILLE LACS AREA GUIDE SERVICE
651-271-5459 http://fishingminnesota.com/millelacsguide/

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Rick Grand Master

Rick

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  • 'we have more fun' FishingMN Creators
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I can tell you this,
the Attorney Mille Lacs County hired has been very successful at this type of litigation. He feels very confident and it has more of an impact than most realize.

I can't go further into it, but, this is not a frivolous suit. It's well thought out and has plenty of precedence to support it.

This isn't something they just came up with a month ago. It's been in the planning stages for some time now.

I can say a lot of people are very confidant and some believe it will impact other areas as well.

I'm very interested in watching this one.

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bturck Grand Master

bturck

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DMan, Biggun3: Thanks for your input. I was sure that information from those in the loop in the Mille Lacs area would be beneficial to those of us who love the lake, but don't live near or on it. it certainly didn't sound in the article that the tribes are willing to give up without their own fight anymore than they would be willing to relinquish their gambling monopoly in the State. Thanks again I will continue to watch this topic for additional info

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