White Earth Land Map

Documents

Source records on land, jurisdiction and governance
Contents Constitution and charter of the Minnesota Chippewa Tribe · 8Tribal Executive Committee interpretations of the constitution · 14Ordinances and resolutions · 15Federal law and Interior Department opinions · 5History · 12White Earth Reservation · 6White Earth Nation codes and ordinances · 43Commentary · 1Constitutional reform, 2016–2024 · 17Scholarship and reports · 9Other documents · 1 Complete document index · all 131, with text transcriptions

Constitution and charter of the Minnesota Chippewa Tribe

The organic documents: the 1937 federal corporate charter, the Revised Constitution and Bylaws of 1963 as amended in 1972, and the 1996 surrender of the charter.

IRA 1934

1934 5 pages

73d CONGRESS. SESS. II. CHS. 575, 576. JUNE 18, 1934. Congress approved February 28, 1931, June 9, 1932, and June 13, 1933, are hereby extended one and three years, respectively, from Sec. 2. The right to alter, amend, or repeal this Act is hereby To conserve and develop Indian lands and resources; to extend to Indians the right to form business and.other organizations; to establish a credit …

Law and cases cited in this document
  • 46 Stat. 1202
  • 48 Stat. 984
  • 48 Stat. 985
  • 48 Stat. 986
  • 48 Stat. 987
  • 48 Stat. 988
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jurisdictionMCT Constitutionelectionsenrollmentallotmenttreaties
Minnesota Chippewa Tribe

MCT 1936 Constitution

July 24, 1936 11 pages

CONSTITUTION OF THE MINNESOTA CHIPPEWA TRIBE We, the Minnesota Chippewa Tribe, consisting of the Chippewa Indians of Minnesota under the Consolidated Chippewa Agency, in order to form a representative Chippewa tribal organization, main- tain and establish justice for our Tribe, and to conserve and develop our tribal resources and common property; to promote the general welfare of ourselves and …

Law and cases cited in this document
  • 25 Stat. 642
  • 48 Stat. 984
  • 49 Stat. 378
  • Article II, Section 1
  • Article I
  • Article II, Section 2
  • Article IV
  • Article XIV
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MCT ConstitutionelectionsenrollmentWhite Earth Bandtreatiesremoval
U.S. Department of the Interior · Office of Indian Affairs

Corporate Charter of the Minnesota Chippewa Tribe (ratified November 13, 1937)

Charter under § 17, Act of June 18, 1934 November 13, 1937 7 pages

The federal corporate charter issued by Assistant Secretary Oscar L. Chapman under section 17 of the Indian Reorganization Act and ratified by the Tribe on November 13, 1937: corporate existence and purposes, perpetual succession, membership, management by the Tribal Executive Committee, and the enumerated corporate powers. Government Printing Office, 1938. This is the charter Congress revoked in 1996 at the Tribe's request.

Law and cases cited in this document
  • Act of June 18, 1934 (48 Stat. 984), §§ 16–17
  • Act of June 15, 1935 (49 Stat. 378)
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Minnesota Chippewa Tribe

Revised Constitution and Bylaws (1963), as amended 1972

1963 / 1972 13 pages

The Revised Constitution and Bylaws ratified November 23, 1963 and approved March 3, 1964, with the 1972 amendments, in the University of Oklahoma (Thorpe) digitized edition. Articles I–XV and the Bylaws: organization, membership, the Tribal Executive Committee and Reservation Business Committees as the governing bodies, their enumerated authorities, elections, removal, amendment by Secretarial election, rights of members, and referendum.

Law and cases cited in this document
  • Act of June 18, 1934 (48 Stat. 984), § 16
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MCT ConstitutionelectionsenrollmentWhite Earth Bandcensureordinancestreatiesremoval
Minnesota Chippewa Tribe

Revised Constitution and Bylaws (clean typeset copy)

1964, as amended 12 pages

A clean typeset copy of the Revised Constitution and Bylaws as amended. Useful for reading; the two copies above are the reference texts.

Law and cases cited in this document
  • Act of June 18, 1934 (48 Stat. 984), § 16
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MCT ConstitutionIndian Reorganization Actmembershipgoverning body
Minnesota Chippewa Tribe

Revised Constitution and Bylaws, as amended 1972 (Tribe's copy)

1972 14 pages

The Tribe's own copy of the Revised Constitution and Bylaws incorporating the 1972 amendments. Same text as the 1963/1972 edition above, in the format the Tribe circulates.

Law and cases cited in this document
  • Act of June 18, 1934 (48 Stat. 984), § 16
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MCT ConstitutionelectionsenrollmentWhite Earth Bandcensureordinancestreatiesremoval

Congress Revokes Charter

1996 5 pages

REVOCATION OF CHARTER OF INCORPORATION OF THE MIN- NESOTA CHIPPEWA TRIBE UNDER THE INDIAN REORGA- The request of the Minnesota Chippewa Tribe to surrender the charter of incorporation issued to that tribe on September 17, 1937, pursuant to section 17 of the Act of June 18, 1934, commonly known as the “Indian Reorganization Act” (48 Stat. 988, chapter 576; 25 U.S.C. 477) is hereby accepted and …

Law and cases cited in this document
  • 102 Stat. 1578
  • 102 Stat. 2944
  • 106 Stat. 2133
  • 108 Stat. 4249
  • 108 Stat. 1562
  • 108 Stat. 4165
  • 108 Stat. 4247
  • 108 Stat. 4254
  • 108 Stat. 4636
  • 108 Stat. 4640
  • 108 Stat. 4641
  • 48 Stat. 988
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Jacobson, Buffalo, Schoessler & Magnuson, Ltd.

Letter to President Deschampe: Congress accepts surrender of the 1937 corporate charter

Letter of March 22, 1996 March 22, 1996 8 pages
From: James M. Schoessler, tribal counselTo: Norman Deschampe, President, Minnesota Chippewa Tribe

Tribal counsel reports that the Technical Corrections bill (H.R. 2726, Public Law 104-109) passed in February 1996 and quotes its section 13, by which Congress accepts the Tribe's request to surrender the charter of incorporation issued September 17, 1937 under section 17 of the Indian Reorganization Act and revokes it. Counsel advises the President he may now mark his copy of the charter 'REVOKED.' Attachments follow the letter.

Law and cases cited in this document
  • Pub. L. 104-109, § 13, 110 Stat. 763 (Feb. 12, 1996)
  • Act of June 18, 1934, § 17 (48 Stat. 988; 25 U.S.C. 477)
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Tribal Executive Committee interpretations of the constitution

Beginning with No. 1-80, the Committee has issued written interpretations of the constitution that it declares binding. In numerical order; two were later rescinded and are so marked.

Minnesota Chippewa Tribe — Tribal Executive Committee

Tribal Constitution Interpretation No. 1-80: The Committee's power to issue binding interpretations of the constitution

Interpretation No. 1-80 October 22–23, 1980 1 pages

Declares that the Tribal Executive Committee 'possesses and exercises quasi-judicial powers,' among them the power to give official binding opinions on the meaning of the constitution, and that it will henceforth issue written interpretations that are 'conclusive and final' and binding on any tribal court. Adopted 11–0 at Grand Portage; signed by Darrell Wadena, President, and Daniel Morrison, Sr., Secretary. Every later interpretation rests on this one.

Law and cases cited in this document
  • Act of June 18, 1934 (48 Stat. 984), § 16
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MCT Constitutionquasi-judicial powertribal courtsordinancesremoval
Minnesota Chippewa Tribe — Tribal Executive Committee

Tribal Constitution Interpretation No. 2-80: Authority to establish a tribal court system by ordinance

Interpretation No. 2-80 1980 2 pages

On its own motion the Committee reviews the constitution to decide whether it may establish a tribal court system by ordinance, reasoning from the Preamble's purpose to 'maintain and establish justice.' The constitution itself contains no judicial article; this interpretation is the Committee's own source for court authority.

Law and cases cited in this document
  • MCT Revised Constitution, Preamble; Art. V
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Minnesota Chippewa Tribe — Tribal Executive Committee

Tribal Constitution Interpretation No. 3-81

Interpretation No. 3-81 1981 3 pages

Opinion that the Tribe does not violate Article XIII (Rights of Members) by administering federal and state education contracts limited to children of one-fourth or more Indian blood: the Tribe is administering funds under the authorizing legislation's terms, not creating classes among its members. Notes that Article II, Section C already limits enrollment to one-quarter blood degree. (Filed under the name 3-80; the document itself is numbered 3-81.)

Law and cases cited in this document
  • MCT Revised Constitution, Art. XIII; Art. II § C
  • 25 U.S.C. § 297; 40 Stat. 564
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Article XIIIrights of memberseducation contractsblood quantumTribal Executive Committee
Minnesota Chippewa Tribe — Tribal Executive Committee

Tribal Constitution Interpretation No. 4-81: Authority and power to interpret the constitution

Interpretation No. 4-81 1981 2 pages

Responds to a Field Solicitor's opinion of November 19, 1980 to the Minneapolis Area Director, reaffirming the Committee's position that it, and not officials of the United States, holds the power to interpret the Tribe's constitution.

Law and cases cited in this document
  • Field Solicitor letter of Nov. 19, 1980 (M. R. Shulstad) to Area Director E. L. Demery
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Minnesota Chippewa Tribe — Tribal Executive Committee

Tribal Constitution Interpretation No. 5-84: Definition of 'majority of eligible votes cast'

Interpretation No. 5-84 1984 (rescinded November 7, 1996) 1 pages

Defines the phrase 'majority of eligible votes cast' for constitutional votes. Rescinded by the Committee on November 7, 1996; published here as adopted, with the rescission noted on its face.

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MCT Constitutionelectionsordinances
Minnesota Chippewa Tribe — Tribal Executive Committee

Tribal Constitution Interpretation No. 6-84: Records open to inspection under Section 4(b)

Interpretation No. 6-84 1984 1 pages

At the request of its Legislative Subcommittee, the Committee interprets which tribal records are open to inspection under Section 4(b) of the constitution.

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MCT Constitutionordinances
Minnesota Chippewa Tribe — Tribal Executive Committee

Tribal Constitution Interpretation No. 7-86: 'Resident eligible voters' under Article X, Section 3

Interpretation No. 7-86 April 11, 1986 1 pages

Interprets Article X, Section 3, which lets members bring removal charges against a Reservation Business Committee member by petition of 20 percent of the reservation's resident eligible voters: defines 'resident eligible voters' and how the number is determined.

Law and cases cited in this document
  • MCT Revised Constitution, Art. X, § 3
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MCT Constitutionelectionsenrollmentremoval
Minnesota Chippewa Tribe — Tribal Executive Committee

Tribal Constitution Interpretation No. 8-94: Delegation of authority to the Reservation Business Committee

Interpretation No. 8-94 July 13, 1994 1 pages

On request of the White Earth Secretary/Treasurer, interprets the extent to which authority is delegated to a Reservation Business Committee (the White Earth Tribal Council) under the constitution.

Law and cases cited in this document
  • MCT Revised Constitution, Art. VI
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MCT Constitution
Minnesota Chippewa Tribe — Tribal Executive Committee

Tribal Constitution Interpretation No. 9-95: The Article XIV referendum process

Interpretation No. 9-95 1995 (rescinded August 8, 1996) 2 pages

Fills gaps in Article XIV, which provides a referendum on Reservation Business Committee resolutions and ordinances but is silent on procedure. Rescinded by the Committee on August 8, 1996; published as adopted, with the rescission noted on its face.

Law and cases cited in this document
  • MCT Revised Constitution, Art. XIV
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MCT Constitutionordinances
Minnesota Chippewa Tribe — Tribal Executive Committee

Tribal Constitution Interpretation No. 10-96: Response to the Bureau of Indian Affairs' letter of June 26, 1996

Interpretation No. 10-96 1996 1 pages

Answers a letter from the Acting Area Director, Minneapolis Area Office, Bureau of Indian Affairs, dated June 26, 1996, reaffirming the Committee's position on the authority at issue.

Law and cases cited in this document
  • BIA Minneapolis Area Office letter of June 26, 1996
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Minnesota Chippewa Tribe — Tribal Executive Committee

TEC Interpret 11 09

Interpretation No. 11-09 2009 2 pages

WHEREAS, Article XIV of the Revised Constitution of the Minnesota Chippewa Tribe provides for a referendum process with regard to Tribal Executive Committee and Reservation Business Committee resolutions or WHEREAS, Article XIV is silent on several issues, and further interpretation Is needed concermming the circumstances in which the referendum process can be WHEREAS, the Minnesota Chippewa …

Law and cases cited in this document
  • 25 U.S.C. § 1301
  • Article X
  • Article XIV
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MCT Constitutionordinances
Minnesota Chippewa Tribe — Tribal Executive Committee

TEC Interpret 13 09

Interpretation No. 13-09 2009 1 pages

1-80 provides that the Tribal Executive Committee (TEC) may at its own motion issue written opinions as to the meaning and interpretation of the Revised Constitution and Bylaws of the Minnesota WHEREAS, Article IV, Section 4 of the revised Constitution and Bylaws provides that n}jo member of the Tribe shail be eligible to hold office, either as a itteeman or Officer, if he or she has ever been …

Law and cases cited in this document
  • Article IV, Section 4
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MCT Constitution
Minnesota Chippewa Tribe — Tribal Executive Committee

Tribal Constitution Interpretation No. 14-2011: The two-thirds vote under Article X, Section 2

Interpretation No. 14-2011 2011 1 pages

Interprets Article X, Section 2, under which a Reservation Business Committee may act 'by a two-thirds vote' on removal of one of its members: which members count toward the two-thirds. Companion to Interpretation No. 15-2011.

Law and cases cited in this document
  • MCT Revised Constitution, Art. X, § 2
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MCT Constitution
Minnesota Chippewa Tribe — Tribal Executive Committee

Tribal Constitution Interpretation No. 15-2011

Interpretation No. 15-2011 January 5, 2011 1 pages

Interprets Article X, Section 3 of the Revised Constitution and Bylaws as requiring a majority vote of the members of a Reservation Business Committee to schedule a recall election, with all members, including the accused member, permitted to vote. Adopted 11 for, 1 against, 0 silent at a regular meeting of the Tribal Executive Committee at Onamia, Minnesota; signed by Norman W. Deschampe, President, and Michael J. Bongo, Secretary.

Law and cases cited in this document
  • MCT Revised Constitution and Bylaws, Art. X, §§ 2-3
  • Tribal Constitution Interpretation No. 1-80
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recall electionArticle Xremoval of officersReservation Business Committeequasi-judicial powerMCT Constitution

Ordinances and resolutions

Membership, elections, petitions and censure: the rules the Tribe adopted under the constitution.

Minnesota Chippewa Tribe — Tribal Executive Committee

Membership document 362530

Resolution No. 31-68 2 pages

The Minnesota Chippewa Tribe is organized under Section 16 of the Act of June 18, 1934 (48 Stat. 984); and * Article II of The Minnesota Chippewa Tribe Constitution’ provides time limitations within which membership under Resolution Number 31-68 (passed January 11, 1968) The Tribal Executive Committee sat forth its interpretation of the "because of an error" provision, Article II, Section 3 of …

Law and cases cited in this document
  • 48 Stat. 984
  • Article II
  • Article II, Section 3
  • Article II, Section 3
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MCT Constitutionenrollment
Minnesota Chippewa Tribe — Tribal Executive Committee

Membership document b3685b

Resolution No. 31-68 2 pages

WIERZAS, the viinnesote Chippewa Tribe is organized under Section 16 of the Act of June 18, 1934 (48 Stat. 984); and WHRiAS, the former tribal membership ordinance, approved July 3, 1961, and srticle II of the Revised Constitution and Bylaws of the iidnnesota Chippewa Tribe, approved March 3, 1964, provide time limitations within which membership applications may be made; and "HO2EAS, both the …

Law and cases cited in this document
  • 48 Stat. 984
  • Article II, Section 3
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MCT Constitutionordinances
Minnesota Chippewa Tribe

Enrollment Doc 1

Resolution No. 4 1942 7 pages

TO THE FOLLOWING: COMMISSIONER GF INDIAN AFFAIRS I am returning for reconsideration a draft of a proposed letter to the President of the Minnesota Chippewa Tribe disapprov- ing resolution No. 4, concerning tribal enrollment. Your memorandum of January 14 expresses disagreement with the first paragraph on page six of the letter, which interprets Section 3, Article II of the tribal constitution to …

Law and cases cited in this document
  • Article II
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MCT ConstitutionenrollmentWhite Earth Bandtreaties
Minnesota Chippewa Tribe — Tribal Executive Committee

Membership document 059844

Resolution No. 4 1942 4 pages

If the Minnesote Chip »ewa Indians desire to share their property with a lerge number of persons woo are Indiens neither by name, residence, or attechment tut merely by the accident of a small portion of indian blood, in order to extend such benefits 25 mey be aveilable to Minnesota Chippewa Indians to the lergest possible nur— ber of persons, thet does not constitute any reason for Congress to …

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Minnesota Chippewa Tribe

Membership document 16618e

Resolution No. 4 1942 7 pages

TO THE FOLLOWING: COMMISSIONER GF INDIAN AFFAIRS I am returning for reconsideration a draft of a proposed letter to the President of the Minnesota Chippewa Tribe disapprov- ing resolution No. 4, concerning tribal enrollment. Your memorandum of January 14 expresses disagreement with the first paragraph on page six of the letter, which interprets Section 3, Article II of the tribal constitution to …

Law and cases cited in this document
  • Article II
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MCT ConstitutionenrollmentWhite Earth Bandtreaties
U.S. Department of the Interior

Membership document e5687c

1946 1 pages

4 fx the reasons siatec : ty his letter ef dune 21, 19.5, the cesictant Susalashane's of imisn Ariairs called ettention to cho fact the: gwther resolution, foe Jl, to govern matership in the Minnesota Chippewa Trive contained 2 provision which the Assistant Seerctury hod erinicised enen he reiwed \ te approve tie earlier resolution, Becawe Nesolution No. 14 for sil practical purpowes ds almost …

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Minnesota Chippewa Tribe

Membership document bf7045

Resolution No. 3 August 25, 1949 3 pages

Attached hereto are resolutions passed by the Tribal oY . Brecutive Committe of the Minnesota Chippewa Tribe and also by -@elegates to the meeting of May 20-21, 1949. The resolutions "Resolution No. 1, = passed 5-21-49 (ratified) | As we are being deluged with requests and information | } regarding the possibilities of enrollment into the Minnesota Chippewa Tribe by those who are not now …

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MCT Constitutionenrollment
U.S. Department of the Interior

Membership document c63198

July 26, 1961 4 pages

' fecus, shell by these acte be forever abrogeted.” President, Mianesote Shnippess: frites, : Syte at _. fhrough Supt., Somsolidates chippews agency, de ntl ant On July £6, 1941, the Yribel Smecutive Comittee of tre Minuesste 2: pre wa Trive sdopted Resolution tc. 4 governing future enrollment of mexbers ia the tribe which resolution, pursuant 9 Section ©, article Ii of the Constitution ef the i …

Law and cases cited in this document
  • 86 Stat. 2
  • Article II
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Minnesota Chippewa Tribe — Tribal Executive Committee

Resolution 34-66: Procedures for Developing Current Membership Roll

Resolution 34-66 1966 3 pages

Ratifies and adopts the rules the Tribal Executive Committee's officers followed in building the membership roll from the April 14, 1941 Annuity Roll, which the Tribe designated as its Basic Membership Roll on May 14, 1961: membership cards for each name, blood degree from the Minnesota Agency working copy, parentage where it can be determined, and procedures for recording deaths.

Law and cases cited in this document
  • MCT Revised Constitution and Bylaws, Art. II (Membership)
  • April 14, 1941 Annuity Roll
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enrollmentmembership roll1941 Annuity RollArticle IITribal Executive Committee
Minnesota Chippewa Tribe

Compilation of ordinances and constitution interpretations (excerpt)

Interpretation No. 9- c. 1980–1998 20 pages

Twenty pages from the Tribe's bound compilation: the table of contents listing Constitution Interpretations 1-80 through 9-98 by subject, and the ordinances that follow. The contents page is printed over the Tribe's seal, so its text is pasted from the scan and reads best in the page image.

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jurisdictionMCT ConstitutionelectionsenrollmentWhite Earth Bandquasi-judicial powertribal courtsordinances
U.S. Department of the Interior

Enrollment Doc 3

January 14, 1999 4 pages

aHdee' ~ el Taree id Se ine - Exe =iilsen, Land Division : ie ‘ Ee FILE Copy 48957-41 : Raters 3 Surname: _ es UNITED STATES © ee DEPARTMENT OF THE INTERIOR OFFICE OF THE SECRETARY WASHINGTON President, Mianesota “hippex: Tribe, pete Sy dear Mr. Gilson: : | : f om Tuly' £6, 1941, the Tribal Executive Comittee of tre Winnesoste Shipews - inlet aerated a eee oa a re tn te 7 NEE ha ae a el ne tt a …

Law and cases cited in this document
  • Article II
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MCT Constitution
Minnesota Chippewa Tribe

Ordinance Implementing Constitutional Petition and Censure Processes

Interpretation No. 11-09 undated 6 pages

Sets uniform standards for petitions asking the Tribal Executive Committee or a Band governing body to call a referendum under Article XIV, or asking a Band governing body to set a hearing for removal or recall under Article X, Section 3: form and content of the petition, filing deadlines, and the showing required to trigger action.

Law and cases cited in this document
  • MCT Revised Constitution, Art. X, § 3; Art. XIV
  • Interpretation No. 11-09
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MCT Constitutionelectionscensureordinancesremoval
Minnesota Chippewa Tribe

Election Ordinance, as revised December 14, 2017

Election Ordinance (rev. 12/14/2017) December 14, 2017 32 pages

The Tribe's election ordinance with the December 14, 2017 amendments (order of candidates on the ballot by public lottery, election board work schedules, automated ballot tabulation), followed by the full text: candidates and voting, election boards, absentee voting, contests, and recall.

Law and cases cited in this document
  • Article IV, Section 4
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Minnesota Chippewa Tribe

Election Ordinance, as amended December 11, 2023

Election Ordinance (am. 12/11/2023) December 11, 2023 33 pages

The current election ordinance with the December 11, 2023 amendments, including clarified criminal-background-check requirements for candidates, followed by the full text.

Law and cases cited in this document
  • Article IV, Section 4
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jurisdictionMCT Constitutionelectionsenrollmentordinancestreatiesremoval

Membership document 9498ff

2082 5 pages

Minnesota Chippewa Tribe approved by the Secretary of the Interior on duly 2h, 1936, the following rules and regulations shall cover the mnberaip and | enroLinent in the Minnesota Chippewa Tribe, . . 4 (a) Basic Menbership Roll, = A f Min ¢ ya Indian bleod whose Demes appear. ea..on the April, | annuity to. Ly wbtet shalt be nowy ad the basic menbers To. eo Tribe, provided the Tribal’ Executive …

Law and cases cited in this document
  • Article I
  • Article II, Section 3
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MCT Constitutionenrollmentordinances

Federal law and Interior Department opinions

Acts of Congress and Department of the Interior opinions bearing on the Tribe's authority.

MCT Nelson Act

5 pages

24.—An act for the relief and civilization of the Chippewa Indians in the Be it enacted by the Senate and House as Representatives of the United States merica in Congress assembled, That the President of the United States is hereby authorized and directed, within sixty days after the passage of this act, to designate and appoint three Com- missioners, one of whom shall be a citizen of Minnesota, …

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MCT ConstitutionWhite Earth Bandallotmentremoval
Educational summary

The Dawes Act of February 8, 1887: summary and background

1887 4 pages

A four-page explanatory summary of the General Allotment Act ('An Act to Provide for the Allotment of Lands in Severalty to Indians on the Various Reservations'), the policy of severalty it introduced, and its effects. This is a summary, not the statute's text.

Law and cases cited in this document
  • Act of February 8, 1887 (24 Stat. 388)
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jurisdictionelectionsenrollmentallotmenttreatiesremoval
U.S. Bureau of the Census · Thirteenth Census of the United States

Special inquiries relating to Indians, Thirteenth Census of the United States, 1910

Special inquiry schedule, 1910 census 1910 2 pages

The two-page special schedule census enumerators used for Indians in 1910. It records tribe of the person, of the father and of the mother, the proportion of Indian, white and Negro blood, the number of marriages, whether living in polygamy, whether taxed, whether allotted land and in what year, and the kind of dwelling. These are the questions that produced the blood-quantum figures later relied on in enrollment disputes.

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blood quantumcensusenrollmentallotment
U.S. Department of the Interior · Office of the Solicitor

Authority of the Minnesota Chippewa Tribe to authorize tribal courts to adjudicate child custody cases

Memorandum BIA.IA.0708 July 31, 1986 6 pages
From: Tim Vollmann, Associate Solicitor, Division of Indian AffairsTo: Assistant Secretary — Indian Affairs

The Associate Solicitor reaffirms the 1980 Twin Cities Field Solicitor's opinion that the Constitution of the Minnesota Chippewa Tribe does not delegate to tribal officials the power to authorize tribal courts to adjudicate child custody matters, and that the constitution must be amended before the tribal government may exercise that jurisdiction. Written in response to the Fond du Lac Reservation Business Committee's challenge to the rejection of the White Earth Band's petition to reassume jurisdiction under the Indian Child Welfare Act.

Law and cases cited in this document
  • 25 U.S.C. §§ 1901 et seq. (Indian Child Welfare Act); §§ 1911, 1918; §§ 2 and 9
  • 25 C.F.R. §§ 13.1(b), 13.12(a)(2)
  • Public Law 83-280
  • Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978)
  • Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978)
  • Northern Cheyenne Tribe v. Hollowbreast, 425 U.S. 649 (1976)
  • Runs After v. United States, 766 F.2d 347 (8th Cir. 1985)
  • Goodface v. Grassrope, 708 F.2d 335 (8th Cir. 1983)
  • United States v. Eberhardt, 789 F.2d 1354 (1986)
  • Committee to Save our Constitution v. United States, No. 83-3011 (D. S.D. Feb. 24, 1984)
  • MCT Constitution, Preamble and Arts. I, V, VI
Photographed from a copier printout. Toner smudges obscured parts of pages 1-3; the obscured text was recovered by image processing. The restored PDF is a reproduction, not a scan of the original. Two citations on page 4 remain uncertain where the page is degraded: "85 I.D. 433 (1978)" and "25 C.F.R. § 13.12(a)(2)". Section symbols appear as S and SS because that is how they were typed.
Indian Child Welfare Actreassumption of jurisdictiontribal courtsMCT ConstitutionWhite Earth BandFond du Lac BandPublic Law 83-280
U.S. Department of the Interior · Office of the Secretary · Assistant Secretary – Indian Affairs

Interior declines to call a Secretarial election for a White Earth independence referendum, with Chairman Deschampe's letter to the Assistant Secretary

Letter of Kevin K. Washburn, Assistant Secretary – Indian Affairs, to Chairwoman Erma J. Vizenor (Aug. 25, 2015), replying to her letter of May 12, 2015; with letter of Norman W. Deschampe, President, Minnesota Chippewa Tribe, to Assistant Secretary Washburn (Aug. 15, 2014) August 25, 2015 4 pages
From: Kevin K. Washburn, Assistant Secretary – Indian Affairs (pp. 1–2); Norman W. Deschampe, President, Minnesota Chippewa Tribe (pp. 3–4)To: Erma J. Vizenor, Chairwoman, White Earth Reservation Tribal Council (pp. 1–2); Kevin K. Washburn (pp. 3–4)

Two letters on White Earth's 2013–2015 effort to leave the Minnesota Chippewa Tribe under its own constitution. In the first, the Assistant Secretary – Indian Affairs declines Chairwoman Vizenor's May 12, 2015 request that the Secretary hold a special Secretarial election to conduct an independence referendum for the White Earth Band. White Earth accepted the Indian Reorganization Act in 1934 by 1,122 to 245 and in 1936 joined the six-reservation MCT constitution, binding itself to that constitution's constraints. Under the MCT Constitution the Secretary must call an election to amend or revoke the constitution only when two-thirds of the Tribal Executive Committee request it (Art. XII), and individual members may petition for a referendum under Art. XIV; absent either, the Secretary lacks authorization to call a Secretarial election. Calling it a close case, Washburn says the federal government must proceed with humility in intratribal disputes and urges White Earth to use the MCT's own processes. In the second letter, written a year earlier, MCT President Norman Deschampe tells Washburn he expects Interior to honor the Revised Constitution: White Earth remains a constituent band until the constitution is amended through Article XII, which needs eight of the twelve TEC members; a 2004 TEC-commissioned draft article allowing a band to withdraw was placed on the December 2013 agenda by Vizenor but never moved, and no TEC action was proposed in 2014.

Law and cases cited in this document
  • 25 U.S.C. § 476(b)
  • 25 C.F.R. Part 82
  • Revised Constitution and Bylaws of the Minnesota Chippewa Tribe, Art. XII
  • Revised Constitution and Bylaws of the Minnesota Chippewa Tribe, Art. XIV, § 1
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White Earth constitutionSecretarial electionMCT Constitution amendmentTribal Executive CommitteeBureau of Indian AffairsWhite Earth Band

History

Histories of how the Minnesota Chippewa came to be organized as one tribe: Burris's study and the Tribe's 1978 curriculum unit.

Ay dow ah cumig o quay Testimony

6 pages

The only reason you sey he is a full-blood was because he ‘Ae I never saw a mixed blood, from the time I lived at Leech Lake until I lived clear bp here. I never saw 8 mixed | Qa Then you don't know whet a mixed plooa is? -Q. Don't know what? Do you know what 6 mixed bleed is? ' Q. What ie a mixea blood? What is any mixed blood? Qe You don't know then what is a mixed blood? G. Did you havé some …

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Bay bah doung ay yaush Testimony

14 pages

«we The two liin-e-ge-shigshad the same mother? -~. Did you ever hear who was the feather cf the mixcé blood Ae I used to hear. A van from Kentreal, s Frenchman, whom we Q. Wae he ever in this country? Ae io, sir. we The mother of Min-o-ge-ehir was iay~-way~dah-cued—-o-quay? we She came from the English courtry, didn't she’ A. Yay-way-deh-quod-o-quay lived at Leech Lake - that is only what I …

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Ke zhe wash Testimony

1 pages

fied (KAewtne-Oabh | A. Mah-je-ge-shig-o-quay. f Q.. Dia you know her? As Yea, I know them; all of them here. Q. Was she a full blood? A. Yes, she was full blood. 17 hey were re all full -bloods I will alwaye sey that. . Qe. You wouldn’ t. say she wes a full-blocd if she was a mixed blood, would you? A. I don't know anybody who is 2 mixed ploca . I won't say it ignorantly. -. 1 Qs Do you know C …

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Mak ah day wub Testimony

4 pages

_ Mak-sh-dey-wub, recalled for further examination on behalf of the compleinant, testified as follows: Questicn: Did you know Ah-Wah-#eence end Mo-zo~moh-nay~ quay ¥ Anwwer: Yee, I used vo sec the woman, hut not the man. . Q@. Wie you new Fo-me-tug-e-ne-geunee, end Oh~-cuay-gonce? f. Yea,sir, they are. T hey vers ivust cs peer cs IT am ~ QC. DO yeu call every one thet is voor . fnil—bicod …

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Mak kah day wub Testimony

12 pages

If you adk bia who 4s feather was “04 “he would not know, he eould net tell you, he is suoh a fool.) s Awe He is s sousin of yours, isn't he? } “ 3 g- De you knew john Leeoy over at White Earth? | : Be Do you know George Berry at White Eerth? | is : i ae De you know the husband of Xe-zhe-wah, who wan here yes- ae Qe I have forgotten whether you told us - I will ask you eagein. De you know …

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White Earth Band

Mixed Blood vs Full Blood Testimony

3 pages

Pa ETE OAPRENR OG Ma a als a AS bo te ETRE RL west Heda aaeses Q. And day-mis-quah-nah-vweince was 8 man? Ae That ie the fether of Ay-ne-me-que-gwon. Go» T4d he marry a woman celled 0-dah-gwe-eush-e-—quay? A. Yes, sir, she was a full blood Indien woman. Qs» Then yeu would call their children full bloods, too, Qe Dia Keg-gway-de-aeh have « deughter called Kay-bey-way- As You, I beard of her but I …

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Shin ow wainee Testimony

3 pages

os Shin-ow-wainee, being then called fovoros s-exami neat ion by ‘the ‘Aefontant, testified as follows: ‘nes tien: aa you ever see 8 mixed bleed? Ae I never saw ary indian with curly hair. They all wore two braide rumning om each side of their heads that we Dad you know ¢/AMe-liin~o-ge-shig, the father of Shah- ' A, Yes, I used to see bin at what they eall Otter Teil Lake when we aged to go by …

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Way way zho o quay Testimony

2 pages

tho wee ahs father of Wun-2dn-e-ge-shig-oke? who was “the ‘tether of Hay-mis—quah-no-way ? As He must have been white. I- até not imnow him to be a A. I didn't know it thet way. The Indians have e Light face. I aian'¢ teke particuler notice of him. Q. Did he look like ec full-blood Indian? Ac I didn't teke particular notice. I con't know. Qe Who was the mother of M sy-mis-quah-no-qey? AL ‘She …

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Michael Peter Burris

A Short History of the Development of Tribal Government Among Minnesota Chippewa — Part 1 of 3

Part 1 of 3 c. 1976–1978 24 pages
From: Michael Peter Burris

Part 1 of Burris's typewritten study of how the Minnesota Chippewa came to be organized as one tribe of six reservations. This part: The Allotment Act in Minnesota and the nation; the Chippewa General Council. The study is undated; the latest year it cites is 1976, and the Tribe's 1978 curriculum history lists it as a source, which fixes its date between those years.

Law and cases cited in this document
  • Act of February 8, 1887 (24 Stat. 388)
  • Act of January 14, 1889 (25 Stat. 642)
  • Act of June 18, 1934 (48 Stat. 984)
Rebuilt from a typewritten scan and reset as a modern PDF; machine OCR at about 90 confidence, not proofread. The dark typewriter copy fused adjacent lines in places, and where that happened the line is pasted from the restored scan rather than typeset; the page scans are provided for checking. Published at the request of the site owner. Copyright, if any, remains with the author.
tribal governmenthistoryallotmentMeriam ReportIndian Reorganization Actlocal band autonomySolicitor's opinion
Michael Peter Burris

A Short History of the Development of Tribal Government Among Minnesota Chippewa — Part 2 of 3

Part 2 of 3 c. 1976–1978 17 pages
From: Michael Peter Burris

Part 2 of Burris's typewritten study of how the Minnesota Chippewa came to be organized as one tribe of six reservations. This part: The Meriam Report and the Minnesota Chippewa; conditions on the six reservations. The study is undated; the latest year it cites is 1976, and the Tribe's 1978 curriculum history lists it as a source, which fixes its date between those years.

Law and cases cited in this document
  • Act of February 8, 1887 (24 Stat. 388)
  • Act of January 14, 1889 (25 Stat. 642)
  • Act of June 18, 1934 (48 Stat. 984)
Rebuilt from a typewritten scan and reset as a modern PDF; machine OCR at about 90 confidence, not proofread. The dark typewriter copy fused adjacent lines in places, and where that happened the line is pasted from the restored scan rather than typeset; the page scans are provided for checking. Published at the request of the site owner. Copyright, if any, remains with the author.
tribal governmenthistoryallotmentMeriam ReportIndian Reorganization Actlocal band autonomySolicitor's opinion
Michael Peter Burris

A Short History of the Development of Tribal Government Among Minnesota Chippewa — Part 3 of 3

Part 3 of 3 c. 1976–1978 19 pages
From: Michael Peter Burris

Part 3 of Burris's typewritten study of how the Minnesota Chippewa came to be organized as one tribe of six reservations. This part: The Solicitor's reasoning on organizing the bands as one tribe under the Indian Reorganization Act. The study is undated; the latest year it cites is 1976, and the Tribe's 1978 curriculum history lists it as a source, which fixes its date between those years.

Law and cases cited in this document
  • Act of February 8, 1887 (24 Stat. 388)
  • Act of January 14, 1889 (25 Stat. 642)
  • Act of June 18, 1934 (48 Stat. 984)
Rebuilt from a typewritten scan and reset as a modern PDF; machine OCR at about 90 confidence, not proofread. Published at the request of the site owner. Copyright, if any, remains with the author.
tribal governmenthistoryallotmentMeriam ReportIndian Reorganization Actlocal band autonomySolicitor's opinion
Minnesota Chippewa Tribe — Curriculum Development

History of the Minnesota Chippewa Tribe (1978)

1978 215 pages
From: William Schaaf and Charles Robertson, curriculum developers

A 215-page curriculum unit on Minnesota Chippewa tribal government, written for Minnesota schools in 1978. It traces government from the forms known before European contact through the treaties, the Nelson Act, allotment, the Indian Reorganization Act, the 1936 constitution and its 1963 revision, and the structure of the Tribal Executive Committee and Reservation Business Committees as they stood in 1978, and closes with a list of the Tribe's presidents since 1936. Prepared with Bemidji State University.

Law and cases cited in this document
  • Act of June 18, 1934 (48 Stat. 984)
  • Act of January 14, 1889 (25 Stat. 642) (Nelson Act)
  • Act of February 8, 1887 (24 Stat. 388)
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tribal governmenthistorytreatiesNelson ActallotmentIndian Reorganization ActMCT Constitutioncurriculum

White Earth Reservation

Documents of the White Earth Reservation Business Committee.

Strategic Plan 3 Underlying Contradictions Workshop

3 pages

Born-digital PDF published as received.
White Earth Reservation Tribal Council · Official plan

The White Earth Reservation Strategic Plan

Adopted by Resolution 016-02-003 February 25, 2002 45 pages
From: White Earth Reservation Steering Committee and Planning Department

The Tribal Council's twenty-year plan for the Reservation. It inventories existing conditions across the human, natural, social and built environment — population, land ownership, schools, health care, roads, water, energy — and then sets out the Vision and Mission and six component plans (housing and economic development, infrastructure, resource management, education, safety and laws, health and human services), each with goals, policies and dated implementation strategies. The plan states that final decision-making and implementation authority rests with the Tribal Council, includes the nine fold-out maps (Proposed Land Use, Infrastructure Improvement, and supporting Maps I–VII), and closes with the authorizing resolution signed by Doyle Turner and Erma Vizenor.

Law and cases cited in this document
  • Treaty of March 19, 1867
  • General Allotment Act of 1887
  • Nelson Act of 1889
  • Indian Reorganization Act of 1934, Section 16 (48 Stat. 984)
  • Revised Constitution and By-Laws of the Minnesota Chippewa Tribe
  • Public Law 280 (retrocession, Safety and Laws Strategy 7)
  • White Earth Integrated Resource Management Plan
Text pages photographed from a spiral-bound copy and rebuilt as a reproduction: every line is reset where the original breaks it, with the tribal seal, the handwritten resolution number, vote tallies, date and both signatures lifted from the photographs. Reproduced as printed, including the original's own typographical slips. The nine fold-out maps (pages 30–31 and I–VII) were photographed in halves at full resolution; each half was flattened on the map's own straight lines to remove perspective and fold curl, the halves joined at the fold, and the title, Key to Features, scale and credits reset as text so each map is a single legible page.
strategic planland usetribal sovereigntyland ownershiphousingnatural resourcesPublic Law 280Tribal Courteducationhealth services

White Earth Nation codes and ordinances

The Band's own enactments: the statutes its tribal court applies. Read them together with the constitution above. Each names its enacting government differently — White Earth Band of Ojibwe, White Earth Reservation, White Earth Nation, White Earth Band of the Minnesota Chippewa Tribe — and most state their authority in their own terms rather than citing a delegated power.

White Earth Band of Chippewa Indians

Protection of Burial Grounds Code

Resolution No. 001-97-019 1997 24 pages
From: White Earth Band of Chippewa Indians

Protects burial grounds and human remains. Its recitals are the most careful in this set: the White Earth Band is one of the six constituent bands governed by the Revised Constitution and Bylaws of the Minnesota Chippewa Tribe as approved on March 3, 1964 by the Assistant Secretary of the Interior, and the Minnesota Chippewa Tribe is organized under Section 16 of the Act of June 18, 1934. It then cites Article I of that constitution, the organization and purpose article.

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burial groundsrepatriationauthority recitalconstituent bands
White Earth Band of Chippewa

Judicial Code, Title 1: Courts

Judicial Code, Title 1, adopted Nov. 3, 1997 (3–0); with Res. No. 019-21-002 (Mar. 11, 2021) November 3, 1997 21 pages
From: White Earth Band of Chippewa

The code that establishes the White Earth tribal court. Chapter I opens “There is hereby established the White Earth Band of Chippewa Tribal Court” and cites no source of authority at all: no preamble, no recital, no reference to the Minnesota Chippewa Tribe constitution, the Indian Reorganization Act or inherent sovereignty. It supersedes any earlier code that established a judicial body, so an earlier court existed. Chapter II claims jurisdiction over all persons whose actions involve or affect the Band, criminal jurisdiction within the reservation, all common-law civil causes, jurisdiction concurrent with the United States and the state, automatic jurisdiction over any code the council later adopts, and jurisdiction to interpret the Minnesota Chippewa Tribe constitution. Judges are appointed by the council, paid at rates it sets, and sworn to the laws of the White Earth Band rather than to the constitution they are asked to construe. Bound in at the end is Resolution No. 019-21-002 of March 11, 2021, which establishes an 1855 off-reservation tribal court as a subdivision of this court and extends its jurisdiction beyond the reservation boundaries.

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tribal courtjurisdictionjudicial codeultra viresWhite Earth Band
White Earth Reservation Tribal Council

Criminal Trespass Ordinance

Resolution No. 001-98-017 1998 4 pages
From: White Earth Reservation Tribal Council

A trespass law adopted to protect Band land. The resolution states that the White Earth Band of Chippewa Indians enact in their inherent traditional powers the authority of the Minnesota Chippewa Tribal Constitution, Article 1, Section 3. Article I, Section 3 is the purpose clause of that constitution, which the Interior Solicitor held in 1986 is not a grant of power, because reading it as one would make the detailed lists in Articles V and VI unnecessary.

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trespasscriminal lawauthority recitalArticle I section 3
White Earth Reservation Tribal Council

Civil Trespass Ordinance

Resolution No. 019-00-002 2000 4 pages
From: White Earth Reservation Tribal Council

The civil counterpart to the criminal trespass ordinance. Its recitals describe the White Earth Tribal Council as the duly elected governing body of the White Earth Band of Ojibwe, a federally recognized tribe. The federally recognized tribe organized under the 1934 Act is the Minnesota Chippewa Tribe, of which White Earth is one of six constituent bands.

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trespasscivil lawfederal recognitionauthority recital
White Earth Reservation Tribal Council

Judicial Code of Conduct (tribal judicial code amendment)

WERTC Resolution: Tribal Judicial Code Amendment 20 pages
From: White Earth Reservation Tribal Council

Amends the tribal judicial code to add a code of conduct for the Band's judges. The resolution recites that the White Earth Reservation Tribal Council is the duly elected governing body of the White Earth Reservation pursuant to Article IV, Section 1 of the revised constitution of the Minnesota Chippewa Tribe. Article IV of that constitution is the article on tribal elections; the article that lists what a Reservation Business Committee may do is Article VI, and it grants no judicial power.

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judicial conducttribal courtauthority recitalArticle IV
White Earth Reservation Tribal Council

Uniform Commercial Code adoption resolution

Resolution No. 016-04-004 2004 1 pages
From: White Earth Reservation Tribal Council

A one-page resolution adopting the Uniform Commercial Code as Band law. Its recitals state that the council is organized under Section 16 of the Act of June 18, 1934 and acts pursuant to the Revised Constitution and By-Laws of the Minnesota Chippewa Tribe, and that adoption is consistent with the council's purpose of promoting the general welfare of the tribe. That phrase comes from the purpose clause, not from the enumerated powers.

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commercial lawUCCauthority recitalgeneral welfare
White Earth Reservation Tribal Council

Child and Family Protection Code

WERTC Resolution: Child/Family Protection Code Approval 106 pages
From: White Earth Reservation Tribal Council

The Band's child protection law, at 106 pages the longest code in this set: reporting, emergency removal, petitions, adjudication, disposition, placement and termination of parental rights in the tribal court. The approving resolution recites Article IV, Section 1 of the Minnesota Chippewa Tribe constitution as the council's authority. Child custody is the precise subject on which the Interior Solicitor concluded in 1980, and again on July 31, 1986, that the constitution must be amended before the Tribal Executive Committee or any Reservation Business Committee may authorize a tribal court to adjudicate.

Rebuilt from the Band's scanned PDF: the page images were restored (lighting flattened, deskewed, despeckled), then the layout was redrawn with real type at the original word positions. Wording is machine transcription read by a local vision model and not verified line by line, so check any passage against the page scans, which are provided.
child protectionchild custodytribal court jurisdictionICWAArticle IV
White Earth Reservation Tribal Council

Cemetery Ordinance

Resolution No. 057-06-013 2006 4 pages
From: White Earth Reservation Tribal Council

Provides for the Band's cemeteries. The resolution recites that the White Earth Reservation Tribal Council is the duly elected governing body of the White Earth Reservation pursuant to Article IV, Section 1 of the revised constitution of the Minnesota Chippewa Tribe, and organized under Section 16 of the Act of June 18, 1934. Article IV is the elections article.

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cemeteriesburialauthority recitalArticle IV
White Earth Tribal Council

Animal Cruelty, Dangerous Dogs, Registration and Rabies Control Act of 2008

Act of 2008 2008 7 pages
From: White Earth Tribal Council

Enacted, in the Act's own words, in accordance with the Constitution and By-Laws of the White Earth Indian Reservation to promote public safety, health and welfare. It defines cruelty and dangerous dogs, requires registration and rabies control, and gives the White Earth Tribal Police Department and the Conservation Officers concurrent enforcement authority. The reference to a White Earth constitution and bylaws, rather than to the Minnesota Chippewa Tribe constitution, is the recurring authority question in these codes.

Published as issued by the White Earth Band: a born-digital PDF, not a scan. The plain text is extracted from the PDF's own text layer, so it matches the document exactly. These are the Band's enactments; they are posted as public law of a tribal government.
animal controlpublic safetytribal policeenforcement
White Earth Band of Ojibwe

Business License Code (Title 20)

Title 20, Business License Code 3 pages
From: White Earth Band of Ojibwe

Requires a licence to do business within the exterior boundaries of the White Earth Reservation, and defines terms including gasoline filling station and WERTC, the White Earth Reservation Tribal Council. Licensing non-member business is one of the few powers the Minnesota Chippewa Tribe constitution does enumerate for a Reservation Business Committee, at Article VI, Section 1(d), subject to Secretarial review.

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business licensingregulationArticle VInon-members
White Earth Band of Ojibwe

Prohibited Conduct (Title 500)

Title 500, Prohibited Conduct 6 pages
From: White Earth Band of Ojibwe

A short criminal code. Its first section makes unlawful assembly a misdemeanour punishable by a fine of up to five thousand dollars, up to one year in jail, or both, and is written to apply when two or more Indians assemble with the intent it describes. Criminal punishment of this kind is the clearest exercise of the judicial power the Minnesota Chippewa Tribe constitution never granted.

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criminal lawunlawful assemblypenaltiestribal court jurisdiction
White Earth Reservation Tribal Council

Referendum Ordinance

WERTC Resolution: Referendum Ordinance 6 pages
From: White Earth Reservation Tribal Council

Provides for referendum votes of the White Earth membership. Compare Article XIV of the Minnesota Chippewa Tribe constitution, which already gives reservation members a referendum on any resolution or ordinance of their Reservation Business Committee on a petition of twenty percent of resident voters.

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referendumelectionsmembershipArticle XIV
White Earth Band of Ojibwe

Juvenile Justice Code

Juvenile Justice Code, ch. 3 48 pages
From: White Earth Band of Ojibwe

The juvenile code: short title and purpose, the jurisdiction of the tribal court over juveniles, transfer to tribal court with the petition, hearing, deciding factors and standard of proof, and the procedure that follows. Chapter 2 vests jurisdiction in the tribal court directly.

Published as issued by the White Earth Band: a born-digital PDF, not a scan. The plain text is extracted from the PDF's own text layer, so it matches the document exactly. These are the Band's enactments; they are posted as public law of a tribal government.
juvenile justicetribal court jurisdictiontransferprocedure
White Earth Band of Ojibwe

White Earth Traffic Code

Traffic Code 39 pages
From: White Earth Band of Ojibwe

Rules of the road on the reservation, with the offences, penalties and the procedure by which they are tried in the tribal court.

Rebuilt from the Band's scanned PDF: the page images were restored (lighting flattened, deskewed, despeckled), then the layout was redrawn with real type at the original word positions. Wording is machine transcription read by a local vision model and not verified line by line, so check any passage against the page scans, which are provided.
trafficenforcementpenaltiestribal court jurisdiction
White Earth Band of Ojibwe Tribal Code

White Earth Parentage Act (Title 6, Family Relations Code, Chapter 10A)

Title 6, ch. 10A 22 pages
From: White Earth Band of Ojibwe Tribal Code

The Band's parentage law: how parentage is established, acknowledged, adjudicated and rescinded, including genetic testing and the effect of an adjudication. Child custody and parentage are the exact subjects the Interior Solicitor concluded in 1980 and again in 1986 that the Minnesota Chippewa Tribe constitution does not authorize tribal officials to adjudicate without an amendment.

Published as issued by the White Earth Band: a born-digital PDF, not a scan. The plain text is extracted from the PDF's own text layer, so it matches the document exactly. These are the Band's enactments; they are posted as public law of a tribal government.
parentagefamily lawchild custodytribal court jurisdiction
White Earth Band of Ojibwe Law and Order Code

Establishment of the White Earth Nation Child Support Program (Title 6, Family Relations Code, Chapter 10B)

Title 6, ch. 10B 5 pages
From: White Earth Band of Ojibwe Law and Order Code

Creates the White Earth Nation child support programme and sets out its duties, definitions and findings. The chapter is headed “Law and Order Code” and names the government the White Earth Nation.

Published as issued by the White Earth Band: a born-digital PDF, not a scan. The plain text is extracted from the PDF's own text layer, so it matches the document exactly. These are the Band's enactments; they are posted as public law of a tribal government.
child supportfamily lawprogramme administration
White Earth Band of Ojibwe Tribal Code

White Earth Child Support Act (Title 6, Family Relations Code, Chapter 10C)

Title 6, ch. 10C 66 pages
From: White Earth Band of Ojibwe Tribal Code

The child support statute: definitions, findings and purpose, the guidelines for calculating support, establishment and modification of orders, enforcement, and the recognition of orders from other jurisdictions. At 66 pages the longest of the family-relations chapters.

Published as issued by the White Earth Band: a born-digital PDF, not a scan. The plain text is extracted from the PDF's own text layer, so it matches the document exactly. These are the Band's enactments; they are posted as public law of a tribal government.
child supportfamily lawenforcementfull faith and credit
White Earth Band of Ojibwe

Court of Appeals Rules of Appellate Procedure

Rules of Appellate Procedure 30 pages
From: White Earth Band of Ojibwe

The rules of the Band's Court of Appeals: the court's name, the scope of the rules, the authority claimed for them and the title, then the taking of appeals, the record, briefing, argument and decision. Rule 1 states the court's authority in its own terms.

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appellate procedurecourt of appealstribal courtauthority
White Earth Reservation Tribal Council

Tax Code

WERTC Resolution: Tax Code 16 pages
From: White Earth Reservation Tribal Council

The Band's taxing law. Article V, Section 1(g) and Article VI, Section 1(d) of the Minnesota Chippewa Tribe constitution permit the levy of licences or fees on non-members by ordinance, subject to review by the Secretary of the Interior; those are the only revenue powers the constitution enumerates.

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taxationrevenuelicences and feesSecretarial review
White Earth Reservation

Tribal Conservation Code

Conservation Code, C.C. 500 et seq. 93 pages
From: White Earth Reservation

The Band's conservation law, opening with a short title, a repeal-and-replace clause, a provision on conflict with other tribal laws, and a declaration of policy. It regulates hunting, fishing, gathering and resource management, and is one of the codes the tribal court is given jurisdiction to enforce.

Published as issued by the White Earth Band: a born-digital PDF, not a scan. The plain text is extracted from the PDF's own text layer, so it matches the document exactly. These are the Band's enactments; they are posted as public law of a tribal government.
conservationhunting and fishingnatural resourcestreaty rights
White Earth Nation

Registration of Predatory Offenders Code (Title 20)

Title 20 16 pages
From: White Earth Nation

Requires predatory offenders to register with the Band. The findings state that the White Earth Tribal Council determined it to be in the best interest of the White Earth Nation to make laws governing such registration; the code then sets who must register, for how long, and the consequences of failing to.

Published as issued by the White Earth Band: a born-digital PDF, not a scan. The plain text is extracted from the PDF's own text layer, so it matches the document exactly. These are the Band's enactments; they are posted as public law of a tribal government.
public safetyregistrationcriminal lawenforcement
White Earth Band of Ojibwe

Marriage Code (Title 6)

Title 6, Marriage Code 85 pages
From: White Earth Band of Ojibwe

Governs marriage under Band law: who may marry, licensing, solemnization, records, and dissolution. The code is headed Title 6 but its own short-title section says Title 18 shall be entitled the Marriage Code, one of several places where these codes disagree with themselves about numbering.

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marriagefamily lawlicensing
White Earth Nation

Order for Protection Code

Order for Protection Code 30 pages
From: White Earth Nation

Domestic violence protection orders in the tribal court: the petition, ex parte orders and their refusal, service by publication, the request for a hearing, notice to interested parties, and enforcement. The code names the government the White Earth Nation.

Rebuilt from the Band's scanned PDF: the page images were restored (lighting flattened, deskewed, despeckled), then the layout was redrawn with real type at the original word positions. Wording is machine transcription read by a local vision model and not verified line by line, so check any passage against the page scans, which are provided.
domestic violenceprotection orderstribal court jurisdiction
White Earth Band of Ojibwe

Corporate Code (Title 18)

Title 18 46 pages
From: White Earth Band of Ojibwe

Provides for the chartering of corporations under Band law: short title, purpose, interpretation and definitions, the scope of the title and who may incorporate, the jurisdiction of the Band over such corporations, and the status, powers and governance of corporations formed under it.

Published as issued by the White Earth Band: a born-digital PDF, not a scan. The plain text is extracted from the PDF's own text layer, so it matches the document exactly. These are the Band's enactments; they are posted as public law of a tribal government.
corporationsbusinessjurisdictionchartering
White Earth Band of Ojibwe

Probate Code (Title 14)

Title 14 33 pages
From: White Earth Band of Ojibwe

Governs the estates of deceased members: short title, findings, purpose and objectives, then the law of wills, intestate succession, personal representatives and the administration of estates in the tribal court.

Published as issued by the White Earth Band: a born-digital PDF, not a scan. The plain text is extracted from the PDF's own text layer, so it matches the document exactly. These are the Band's enactments; they are posted as public law of a tribal government.
probateestatesinheritancetribal court jurisdiction
White Earth Reservation Tribal Council

Revised Civil Commitment Code

WERTC Resolution: Revised Civil Commitment Code 32 pages
From: White Earth Reservation Tribal Council

Provides for the involuntary civil commitment of persons found to be mentally ill, chemically dependent or dangerous, through proceedings in the tribal court. Civil commitment is a deprivation of liberty ordered by a court, which makes the source of the court's authority a live question for this code in particular.

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civil commitmentmental healthtribal court jurisdictiondue process
White Earth Band of Ojibwe

Limited Liability Company Code

Limited Liability Company Code 31 pages
From: White Earth Band of Ojibwe

Provides for limited liability companies under Band law: the Tribe as an owner, the nature of the business, execution of documents, filing, certificates of status and execution by judicial act.

Rebuilt from the Band's scanned PDF: the page images were restored (lighting flattened, deskewed, despeckled), then the layout was redrawn with real type at the original word positions. Wording is machine transcription read by a local vision model and not verified line by line, so check any passage against the page scans, which are provided.
limited liability companiesbusinesschartering
White Earth Reservation Tribal Council

Institutional Review Board (research) Code

WERTC Resolution: IRB Code Approval 2017 5 pages
From: White Earth Reservation Tribal Council

Establishes the Band's institutional review board and the rules for research conducted on the reservation or with Band members, so that research is reviewed and approved by the Band before it is carried out.

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researchinstitutional review boardconsentdata sovereignty
White Earth Band of Ojibwe

White Earth Rules of Civil Procedure

Rules of Civil Procedure 36 pages
From: White Earth Band of Ojibwe

The rules governing civil cases in the White Earth tribal court: scope and construction, commencement of actions, service of process (including service on counsel or an advocate and actual notice in open court), pleadings, motions, discovery, trial and judgment. These are the procedures by which the court exercises the jurisdiction the 1997 Judicial Code claims for it.

Published as issued by the White Earth Band: a born-digital PDF, not a scan. The plain text is extracted from the PDF's own text layer, so it matches the document exactly. These are the Band's enactments; they are posted as public law of a tribal government.
civil proceduretribal courtservice of processdefault
White Earth Nation

Housing, Tribal Property, Unlawful Detainer and Mortgage Foreclosure Code (Title II)

Title II 42 pages
From: White Earth Nation

Governs tribal housing and property: purposes and interpretation, definitions, jurisdiction, notice of breach, and the eviction and mortgage foreclosure procedures that follow. Its own jurisdiction section, at 1.03, states the reach the Band claims over these matters.

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housingpropertyevictionforeclosurejurisdiction
1855 Treaty Authority

Resolution establishing the Rights of Manoomin

1855 Treaty Authority Res. 2018-05, Rights of Manoomin Code 2018 16 pages
From: 1855 Treaty Authority

Recognises rights in manoomin, wild rice, within the territory ceded by the Treaty of 1855. This is one of the two codes that White Earth Reservation Business Committee Resolution No. 019-21-002 adopted as White Earth law in March 2021, in the same resolution that created an 1855 off-reservation tribal court as a subdivision of the White Earth court. The officers and board members of the 1855 Treaty Authority are listed on its face.

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manoominwild ricetreaty rightsrights of nature1855 Treaty
1855 Treaty Authority

Right to Travel, Use and Occupy Traditional Lands and Waters Code

1855 Treaty Authority Res. 2018-01 2018 12 pages
From: 1855 Treaty Authority

Asserts the right to travel, use and occupy traditional lands and waters in the territory ceded by the Treaty of 1855. The other of the two codes adopted as White Earth law by Resolution No. 019-21-002 in 2021, which also extended the White Earth court's jurisdiction to conduct within or without the boundaries of the reservation.

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treaty rights1855 Treatyoff-reservationhunting and fishing
White Earth Band of Ojibwe

Utilities Code (Title 23)

Title 23 30 pages
From: White Earth Band of Ojibwe

Establishes the Band's authority over utilities: general provisions with short title, findings, purpose and interpretation, then the regulation, licensing and operation of utility service on the reservation.

Published as issued by the White Earth Band: a born-digital PDF, not a scan. The plain text is extracted from the PDF's own text layer, so it matches the document exactly. These are the Band's enactments; they are posted as public law of a tribal government.
utilitiesregulationinfrastructurelicensing
White Earth Band of Ojibwe

Vulnerable Adult and Elder Protection Code (Title 24)

Title 24 23 pages
From: White Earth Band of Ojibwe

Protects vulnerable adults and elders: title, findings and purpose, definitions, the reporting of suspected maltreatment, investigation, and the protective orders and remedies available in the tribal court.

Published as issued by the White Earth Band: a born-digital PDF, not a scan. The plain text is extracted from the PDF's own text layer, so it matches the document exactly. These are the Band's enactments; they are posted as public law of a tribal government.
elder protectionvulnerable adultsreportingtribal court jurisdiction
White Earth Reservation

Hazardous Substances Code (W.E.E.C. 1200.00)

W.E.E.C. 1200.00 26 pages
From: White Earth Reservation

A section of the Environmental Code. Its statement of policy is that the beneficial stewardship of the land, air and waters of the White Earth Reservation is a solemn obligation of the present generation for the benefit of future generations, and it binds every person residing on or doing business within the exterior boundaries of the reservation.

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hazardous substancesenvironmentstewardshipnon-members
White Earth Reservation Business Committee

Gaming Ordinance

Approved May 15, 2019; NIGC approved Aug. 19, 2019 May 15, 2019 30 pages
From: White Earth Reservation Business Committee

The Band's gaming law as amended in 2019. The face of the ordinance records its full approval history: established by the Reservation Business Committee on October 1, 1993, amended in 1999, 2006, 2009 and 2019, each amendment approved by the National Indian Gaming Commission. Unlike most of these codes it shows a federal approval chain, because the Indian Gaming Regulatory Act requires one.

Published as issued by the White Earth Band: a born-digital PDF, not a scan. The plain text is extracted from the PDF's own text layer, so it matches the document exactly. These are the Band's enactments; they are posted as public law of a tribal government.
gamingregulationNIGCfederal approval
White Earth Reservation Business Committee

Concentrated Animal Feeding Operation moratorium extension

WERBC Resolution, Division of Natural Resources 7 pages
From: White Earth Reservation Business Committee

Extends the Band's moratorium on concentrated animal feeding operations, on the recommendation of the Division of Natural Resources.

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agriculturemoratoriumnatural resourcesenvironment
White Earth Band of the Minnesota Chippewa Tribe

Medicinal Cannabis Code

Medicinal Cannabis Code 25 pages
From: White Earth Band of the Minnesota Chippewa Tribe

The medicinal cannabis law, parallel in structure to the adult-use code: findings, purpose, authority and sovereign immunity, limitations, definitions, the medicinal cannabis programme, and the Medicinal Cannabis Control Commission that licenses and regulates it.

Published as issued by the White Earth Band: a born-digital PDF, not a scan. The plain text is extracted from the PDF's own text layer, so it matches the document exactly. These are the Band's enactments; they are posted as public law of a tribal government.
cannabisregulationhealthlicensing
White Earth Band of the Minnesota Chippewa Tribe

Adult-Use Cannabis Code

Adult-Use Cannabis Code 2023 23 pages
From: White Earth Band of the Minnesota Chippewa Tribe

The Band's adult-use cannabis law. It states the Band's findings and purpose, asserts authority and sovereign immunity, sets the limits of the program, establishes the Medicinal Cannabis Control Commission as the licensing and regulatory body, and provides for licences, taxation and enforcement. Notable for the brief: the code opens with its own authority clause rather than a citation to the Minnesota Chippewa Tribe constitution.

Published as issued by the White Earth Band: a born-digital PDF, not a scan. The plain text is extracted from the PDF's own text layer, so it matches the document exactly. These are the Band's enactments; they are posted as public law of a tribal government.
cannabisregulationsovereign immunitylicensing
White Earth Band of Ojibwe

Family Relations Code (Title VI)

Title VI, Family Relations Code 2023 28 pages
From: White Earth Band of Ojibwe

The consolidated family law of the Band: general provisions with a short title, purpose, definitions and a repeal-and-replace clause, then marriage and the chapters that follow. Issued in 2023, it gathers into one title the subjects previously carried in separate chapters.

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family lawmarriagetribal court jurisdiction
White Earth Reservation

Groundwater and Surface Water Protection Ordinance

Enacted May 5, 2023 (Res. No. 057-23-017); amended June 12, 2024 (Res. Nos. 057-24-030, 057-24-030A); amended May 2025 (Res. No. 057-25-030) May 5, 2023 13 pages
From: White Earth Reservation

Protects groundwater and surface water within the reservation. The face of the ordinance records its enactment by resolution on May 5, 2023 and amendments in June 2024 and May 2025, each by numbered resolution of the Reservation Business Committee. It states its title and purpose, defines the waters covered, and sets standards, permitting and enforcement for activities that may affect them.

Published as issued by the White Earth Band: a born-digital PDF, not a scan. The plain text is extracted from the PDF's own text layer, so it matches the document exactly. These are the Band's enactments; they are posted as public law of a tribal government.
waterenvironmentregulationpermitting
White Earth Band of Ojibwe

Land Assignment Ordinance

Resolution No. 056-25-077 2025 13 pages
From: White Earth Band of Ojibwe

Governs the assignment of tribal land to members. The ordinance carries its own chapters on short title, purpose, applicability and scope, authority and jurisdiction, which is unusually explicit for these codes: most state a purpose and leave the authority question unaddressed.

Rebuilt from the Band's scanned PDF: the page images were restored (lighting flattened, deskewed, despeckled), then the layout was redrawn with real type at the original word positions. Wording is machine transcription read by a local vision model and not verified line by line, so check any passage against the page scans, which are provided.
land assignmenttribal landauthorityjurisdiction
White Earth Reservation

Environmental Code

Environmental Code (W.E.E.C.) 2025 119 pages
From: White Earth Reservation

The Band's environmental law at 119 pages, the umbrella code under which the hazardous substances and water provisions sit. It regulates land, air and water within the reservation and provides for enforcement.

Rebuilt from the Band's scanned PDF: the page images were restored (lighting flattened, deskewed, despeckled), then the layout was redrawn with real type at the original word positions. Wording is machine transcription read by a local vision model and not verified line by line, so check any passage against the page scans, which are provided.
environmentregulationenforcementnatural resources

Commentary

Analysis and commentary by tribal members. Views are the authors' own.

Commentary · Dale Green

Construed: what the Anishinaabe Ojibwe understood in 1963 when the constitution was revised

undated 3 pages
From: Dale Green

A tribal member's commentary, addressed to Anishinaabe Ojibwe members of the Minnesota Chippewa Tribe, on what the people understood in 1963 when the IRA constitution was revised: that the Tribe is a creation of the Indian Reorganization Act, that the 1937 corporate charter chartered it as a body politic, and what followed from that. Published at the request of the site owner as a member's view, not as an official record.

Law and cases cited in this document
  • Act of June 18, 1934 (48 Stat. 984)
  • 1937 Corporate Charter of the Minnesota Chippewa Tribe
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commentary1963 revisionIndian Reorganization Actcorporate charterAnishinaabe

Constitutional reform, 2016–2024

Reports, meeting transcripts, surveys and toolkits from the Minnesota Chippewa Tribe's constitutional reform process.

Best Practices for Constitution Reform Process

8 pages

Born-digital PDF published as received. Third-party work published at the site owner's request; copyright remains with the author.

Wilder MCT MethodologyReport 7 13

55 pages

Born-digital PDF published as received. Third-party work published at the site owner's request; copyright remains with the author.
Minnesota Chippewa Tribe

Wilder MCT Research

2012 8 pages

In 2012-2013, Minnesota Chippewa Tribe (MCT) contracted with Wilder Research to conduct a study and produce population projections for MCT as a whole as well as for the six member Bands: Bois Forte, Fond du Lac, Grand Portage, Leech Lake, Mille Lacs, and White Earth. In 2013-2014, MCT again contracted with Wilder Research to update the existing projections and to add an additional alternative …

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enrollmentWhite Earth Band
Minnesota Chippewa Tribe — Tribal Executive Committee

MCT Survey

2017 4 pages

Citizen Input on the Minnesota Chippewa Tribe Constitution Please complete the following questions and return to a Native Nations Institute staff member. Instructions: Please read the statements which describe your beliefs about each item. Rate each statement by circling a number between 1 - 5 where the numbers mean the following: If you do not understand a statement, leave it blank. If you …

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MCT Constitutionelectionsenrollment

Scholarship and reports

Academic articles, institute reports and presentations on the Tribe's governance. Third-party works; copyright remains with their authors.

Doerfler 2007 AT articles

15 pages

Born-digital PDF published as received. Third-party work published at the site owner's request; copyright remains with the author.

MCT Phil Brodeen History of MCT Presentation

1887 6 pages

White Earth Mandated allotment of communal lands and allowed the sale of surplus lands Focused on all Anishinaabe in Minnesota, including Red Lake Improper timber valuations and the taking of land led to the Nelson Act Settlement Imposed a standardized model of governance on tribes Adoption of the IRA was voluntary and each reservation had 18 months to vote on whether The Anishinaabe in …

Law and cases cited in this document
  • Article I
  • Article II
  • Article III
  • Article IV
  • Article V
  • Article VI
  • Article VII
  • Article VIII
  • Article X
  • Article XI
  • Article XII
  • Article XIII
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MCT ConstitutionelectionsenrollmentWhite Earth Bandallotmentordinancesremoval

Brodeen MCT Presentation

June 20, 1936 21 pages

Pe te a __ Executive Branch of Tribal Foverrintcrt 7 43408 Oodena Drive © Onamia, MN 56359 36666 State Highway 65 © McGregor, MN 55760 2605 Chiminising Drive © Isle, MN 56342 (320) 532-4181 © Fax (320) 532-4209 (218) 768-3311 © Fax (218) 768-3903 (320) 676-1102 © Fax (320) 676-3432 45749 Grace Lake Road ¢ Sandstone, MN 55072 1433 E. Franklin Avenue, Ste. 7c © Minneapolis, MN 55404 ¢ Submitted …

Law and cases cited in this document
  • Article I
  • Article IV
  • Article IX
  • Article V
  • Article VI
  • Article VII
  • Article X
  • Article XI
  • Article XII
  • Article XIV
  • Article XV
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MCT Constitutionelectionsenrollmentordinancesremoval
Minnesota Chippewa Tribe

MCT Brodeen History of MCT Constitution

June 20, 1936 7 pages

aninnesota Chippewa oe t structure ~ Philip Brodeen session 1: The DeveSe August 2017 ~ Janvary 20 * Submitted for ratification to the MCT on June 20, * Approved by Secretary of Interior on July 24, * BIA had a strong influence in drafting the initial * Provided little localized autonomy (envisioned Minnesota Chippewa Tribe Constitution Meetings Session 1: The Development of the MCT & Current …

Law and cases cited in this document
  • Article I
  • Article II
  • Article IV
  • Article IX
  • Article V
  • Article VIII
  • Article X
  • Article XI
  • Article XII
  • Article XIII
  • Article XIV
  • Article XV
Third-party work published at the site owner's request; copyright remains with the author. Reset as a modern PDF; wording is machine OCR, proofread by a local model, not verified line by line. Page scans are provided for checking.
MCT Constitutionelectionsenrollmentordinancesremoval
U.S. Department of the Interior

MCT NNI Glossary

1973 4 pages

Ad hoc: A Latin phrase, it typically refers to a structure, organization, institution or rule that is developed to address an immediate, specific task or challenge, and which cannot be applied to other tasks or challenges. Ad hoc rules, for example, typically are not a product of strategic thinking, and instead reflect an approach of Articles of Incorporation: The primary rules that govern the …

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jurisdictionMCT Constitutionallotmentordinancestreaties

Beaulieu CurlyHairandBigFeet

1984 35 pages

Curly Hair and Big Feet: Physical Anthropology and the Implementation of Land Allotment on the White Earth Chippewa Reservation Source: American Indian Quarterly, Vol. 8, No. 4 (Autumn, 1984), pp. 281-314 Published by: University of Nebraska Press Stable URL: http://www.jstor.org/stable/ 1183660 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available …

Law and cases cited in this document
  • 24 Stat. 338
  • 34 Stat. 1034
  • 34 Stat. 182
  • 34 Stat. 353
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MCT ConstitutionelectionsenrollmentWhite Earth Bandallotmenttreaties
Minnesota Chippewa Tribe

MCT NNI Govt and Constitutions

2017 7 pages

Minnesota Chippewa Tribe Constitution Meetings Session 3: Government & Constitutions: What They Are, Do, & Lock Like Across Indian Country What they look like across Indian Country Colemal poliaes have impeded, displaced or ¢ ved Indi: Sg ance institutions ead governing systems over U2 past few centuries. Late 18th Century - Carly 20th Century: the systemctic sunpression of Indicencus 1930s: …

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MCT Constitution
Minnesota Chippewa Tribe

MCT NNI Strengthening Governance

2017 6 pages

Minnesota Chippewa Tribe Constitution Meetings How Have Other Native Nations Addressed the Process of Revising or Reforming Their Constitution? How Have Other Native Nations Addressed the Process of Revising or Reforming their Constitution? * You'll need someone to manage the reform x You'll need to educate yourselves—and your Presented by the Native Nations Institute, Udall Center for Studies …

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MCT Constitutionelectionstreaties
Minnesota Chippewa Tribe

MCT NNI Why some are Successful

2077 10 pages

Minnesota Chippewa Tribe Constitution Meetings Session 4: Why Are Some Native Nations More Successful How do these approaches differ, and why does one To edad £ a Native Nation under the Standard Approach: Presented by the Native Nations Institute, Udail Center for Studies in Public Policy, The University of Arizona. Copyright 2017 Arizona Board of Regents. Ail rights reserved. Minnesota …

Law and cases cited in this document
  • Article XIII
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MCT Constitutionordinances

Other documents

MCT Ransom Powell

1905 14 pages

Ken Peterson, Minnesota's commissioner of labor and industry, began his career as a legal services lawyer on the Leech Lake Reservation. For eight years as a deputy attorney general, he coordinated the State of Minnesota’s legal relations with tribal At one time or another Powell either represented or worked closely with all who had a hand in Ojibwe men lining up for land allotments, White Earth …

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jurisdictionenrollmentWhite Earth Bandallotmenttreatiesremoval

Complete document index

Every document on this page in one list: its title, a direct link to the PDF, and a link to the plain-text transcription of that PDF. Every PDF published here has a transcription at the same address with .txt in place of .pdf.

Documents are published as received or as restored; each entry notes what was done to it. Back to the map.