===== page 1 =====

United States Department of the Interior
OFFICE OF THE SECRETARY
Washington, DC .20240
AUG 25 2015
The Honorable Erma J. Vizenor
_ _ eee,
Chairwoman, White Earth Reservation Tribal Council.
.
P.O. Box 418 nT a
White Earth, Minnesota 56591
Dear Chairwoman Vizenor:
Thank you for your letter dated May 12, 2015, requesting that I hold a special Secretarial
election for the purpose of conducting an independence referendum for the White Earth Band
of Chippewa Indians (White Earth), Your letter requested a response within 30 days, and
I apologize for the delay in responding to you. For reasons set forth below, I must decline the
request to hold a Secretarial election.
As a member of the Minnesota Chippewa Tribe (MCT), White Earth is in an unusual situation.
The bands that formed the MCT are separate sovereigns with independent relationships with the
United States; for example, in 1934 White Earth voted to accept the Indian Reorganization Act
(IRA) by a 1,122 to 245 margin. However, the MCT was formed in 1936 when the residents of
six reservations ' joined together and voted to adopt a constitution under the Indian Reorganization
Act (IRA). In forming a single tribal organization, in which six bands operate under one umbrella
-
constitution, each band voluntarily bound itself the constraints of the MCT.
The IRA recognized that a governmental structure should be flexible and provided a process
to revoke or amend a previously adopted constitution via Secretarial election.² Secretarial
elections are governed by Federal regulations. The Federal regulations provide a framework
for the formulation and submission of petitions requesting a Secretarial election to amend a
tribal -
constitution.³ :
The MCT Constitution itself provides a method to revoke or amend the Constitution by election.
It is the duty of the Secretary to call an election to amend or revoke the Constitution when
requested by two-thirds of the Tribal Executive Committee. The MCT Constitution also _.
provides a mechanism for individual tribal members to petition for a referendum vote on any
' The MCT is made up of 6 component reservations: Bois Forte Band (Nett Lake), Fond du Lac Band, Grand
Portage Band, Leech Lake Band, Mille Lacs Band, and White Earth Band. ~
² 25 U.S.C. §476(b).
³ 25 C.F.R. Part 82.
4 Revised Constitution and Bylaw of the Minnesota Chippewa Tribe, Article XI
5 Id.


===== page 2 =====

" proposed resolution or ordinance. Thus, the MCT Constitution provides a safety valve to
request a Secretarial election if two-thirds of the Tribal Executive Committee decline to request
an election. In sum, absent a request from two-thirds of the Tribal Executive Committee under
Article XII of the MCT Constitution, or a petition arising under Article XIV, 1 lack the necessary
’
authorization to call a Secretarial election.
Adopting, amending ,or revoking a Constitution is a difficult process; this is by design, The
MCT Constitution is not unusual in this regard, and I understand White Earth’s frustrations. In
:
some ways, it might appear to an outside observer that efforts toward tribal self-determination
.
for White Earth are being impeded by the MCT. But the Federal has not always
been a force for good in disputes within and among tribes, In light of our own tainted history, _ .
I believe that the United States must proceed with great humility when approaching such ‘
disputes, whether they are characterized as intratribal or intertribal. . Thus, while this is a close
’
case and I am sympathetic with your plight, it is more consistent with my own principles in
support of tribal self-determination and self-governance to allow any solution to this issue to
come from the processes already authorized within the MCT Constitution, I encourage you to
engage those processes.
I appreciate your understanding in these matters and wish you success in achieving your goals of
independence for the White Earth Nation.
,
Sincerely,
f
te t Secretary — Indian Affairs
6
Revised Constitution and Bylaw of the Minnesota Chippewa Tribe, Article XIV, Section 1.


===== page 3 =====

AC DBESCHAMED, PRESIDE I CARDS IRIE IMC GIT RC Toe PNA? FINN, SLC RE PAR
NORMAN
RODAERVECE PRESAENT PAC eIOKRISCHAS SR TREASURLK
AARTN
Adminisnghion
OTB DLE
+ Teedf T8e7 TEE 322 "UH
239-535-3982
The Minnesota Chippewa ° fas 2 2d 255 Bale
Jax: PIB 32-05
Tounumic Povelopment
2 SRT Hoa
Bans JU 9-5 1G
f duc.rtiogs
ZR S Ean sh
Fayr 21h 8 PIU
Human Services
August 15, 2014 2D BESS
faa. 218° 645-8080
Kevin K. Washburn
Assistant Secretary - Indian Affairs
MS-4141-MIB
1849 C Street, N.W.
Washington, DC 20240 °
Dear Assistant Secretary Washburn:
As President of the Minnesota Chippewa Tribal Executive Committee (TEC), I am
writing to give you my perspective on the efforts of the White Earth Band to adopt a separate
= governing document. It is my understanding that White Earth Chairwoman Erma Vizenor has
met with you and asked that the Bureau of Indian Affairs provide some assistance to that effort.
My primary message is this: It is my expectation that the Department of the Interior and
the Bureau of Indian Affairs will honor the provisions of the Revised Constitution and Bylaws
_
when considering this or any other issue affecting the Minnesota Chippewa Tribe. White Earth is
one of the constituent Bands organized under the Constitution and, like the others, will remain so
until the Constitution is changed through the process provided in Article XII.
That amendment “[i]t shall be the duty of the Secretary to call an
election when requested by two-thirds of the Tribal Executive Committee.” That means that at
least eight (8) of the twelve (12) members would have to vote in favor of a resolution to call a
Secretarial Election on an amendment that would make possible what White Earth is trying to
accomplish. That has not happened despite the fact that in 2004 the TEC authorized its attorney
to draft for consideration a new article that, if adopted through the amendment process, would
provide a mechanism by which any of the six constituent Bands could adopt a separate
document and remove itself from the Minnesota Chippewa Tribe. Although
Chairwoman Vizenor placed that draft on the TEC agenda in December 2013, nor
any other TEC member moved its adoption. Similarly, no action has been proposed at any of the
TEC meetings in 2014.
MEMBER RESERVATIONS © BONS FORT © TOND DU LAC * GRAND PORTAGE © LEECH LAKE © MUTE LACS © WHITE EARTH
| come |
NIMAH-MAB-WILNO-MIN Ke all lovethes ”
©
Mailing Address: P.O. Box 217, Cass Lake, MN 56613-1217 Street Address: 15942 State 371 N.W. Cass Lake, MN 56633
é


===== page 4 =====

and
Each of the TEC members is obliged to comply with the current governing document
because it establishes of our relationship, so must the Secretary. It has been suggested
that there is an alternative means by which our Constitution can be changed, but no one has
explained how we could simply ignore what has been in place for the last fifty years. If you
believe there is authority to depart from our governing document, I expect that your written
explanation will be forthcoming.
cc: Tribal Executive Committee