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OFFICERS BOARD MEMBERS
CHAIRMAN Steven Clark
ARTHUR LAROSE Monica Hedstrom
ALFRED Fox, JR. €
Alfred Fox, Jr. Archie Larose
STEVE CLARK Richard Robinson Dale Greene, Jr. PO Box 418
White Earth, MN 56591
Sandra Skinaway
SECRETARY/TREASURER
Michaa Aubid
SANDRA SKINAWAY
1855 TREATY AUTHORITY
EAST LAKE ♦ LEECH LAKE ♦ MILLE LACS ♦ SANDY LAKE ♦ WHITE EARTH
RESOLUTION FOR RIGHT TO TRAVEL, USE AND OCCUPY
TRADITIONAL LANDS AND WATERS CODE
RESOLUTION # 2018-01
WHEREAS, the 1855 Treaty Authority is comprised of treaty beneficiary
members of the 1855 Treaty between the Chippewa Mississippi,
Pillager and Winnibigoshish bands and the United States with regard
to territory that became what is now known as Minnesota; and
WHEREAS, the signatory Bands have reserved hunting, fishing, gathering and
resource management rights and responsibilities in the 1855 Treaty
ceded territory; and
WHEREAS, the 1855 Treaty Authority has petitioned the Department of Interior
and Bureau of Indian Affairs seeking federal protection of off
reservation and perpetual usufructuary use and property interests in
the 1855 Treaty ceded territory, which includes numerous unimpaired
waters inclusive of waters vital to the production of fisheries, wild
rice, and related ecosystems for hunting and trapping; and
WHEREAS, the State of Minnesota has no legal authority to regulate tribal
members harvest under federal treaties or Congressional act granting
limited civil or criminal jurisdiction under Public Law 83-280 (18
U.S.C. § 1162, 28 U.S.C. § 1360); and
TREATY WITH THE CHIPPEWA, 1855.
Feb. 22, 1855. | 10 Stat., 1165. | Ratified March 3, 1855. | Proclaimed Apr. 7, 1855.


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1855 Resolution for Right to Travel, etc
April 13, 2018, p. 2
WHEREAS, the 1855 Treaty Authority is regulating off reservation harvesting by
Treaty beneficiaries through the Treaty Ceded Territory Conservation
Code of the 1855 Treaty; and
NOW THEREFORE BE IT RESOLVED, that the 1855 Treaty Authority
recognizes and respects all indigenous peoples' inherent and personal
rights to travel, use, and occupy (public) traditional lands and waters
are necessary to enjoy and to engage in traditional harvesting and
customary practices are civil rights; and
BE IT FURTHER RESOLVED, that the Chairman of the 1855 Treaty Authority
is authorized to take all steps necessary to give formal notice of this
Right to Travel, Use and Occupy Traditional Lands and Waters Code
to the Minnesota Department of Natural Resources and State and
County Law Enforcement, which has separate jurisdictions, within the
1855 ceded territory in Minnesota.
CERTIFICATION
We do hereby certify that the forgoing resolution was duly adopted at a regular
meeting of the 1855 Treaty Authority, a quorum being present, held at Mahnomen,
Minnesota on April 13, 2018, by a vote of _7_ in favor, _0_ against, and
abstaining at a meeting.
Arthur "Archie" LaRose, Chairman Sandra Skinaway, Secretary-Treasurer


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RIGHT TO TRAVEL, USE AND OCCUPY TRADITIONAL LANDS AND WATERS CODE
In support of the CEDED TERRITORY CONSERVATION CODE
OF THE 1855 TREATY TRIBES in Minnesota
Table of Contents
Chapter 1. General Provisions
The Rights to Travel, Use and Occupy Traditional Lands and spiritual places¹ for
cultural purposes are part of each tribal members' individually held, historically
inherent and inalienable rights that have existed for time immemorial, long
before European contact and necessary to enjoying and exercising usufructuary
gathering rights. To that end, this Right to Travel, Use and Occupancy of
Traditional Lands and Waters Code expressly provides for:
1) a historical context to the long existing, ancient rights of all members
of the indigenous peoples and Indians of North America to freely
exercise their native spiritual beliefs and to travel and roam to
wherever that may be, and which right are not constrained to a
reservation or treaty boundaries; and
2) a legislative intent to provide an express tribal code to respect the
individuals' beliefs and provide protection of religious freedoms and
customs within the original exterior boundaries of the 1825 and 1855
Treaties with the various Chippewa and consistent with the United Nations
Declaration on the Rights of Indigenous Peoples, Constitution of the United
States various federal civil rights laws and/or other federal statutes and
protections; and
3) an authorization by 1855 Treaty Authority to provide for civil jurisdiction
(consistent with existing CEDED TERRITORY CONSERVATION CODE OF THE
^ See American Indian Religious Freedom Act of 1978 providing "access of sacred sites,
repatriation of sacred objects held in museums, freedom to worship through ceremonial and
traditional rites, including within prisons, and use and possession of objects considered sacred"


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1855 TREATY TRIBES) off reservation, within the exterior boundaries of the
1855 Treaty consistent with this Right to Travel, Use and Occupancy of
Traditional Lands and Waters Code, in order to establish justice, insure
tranquility, preserve and exercise our inherent Tribal sovereign rights and
protect the inalienable rights of the people to freely exercise their religion,
enjoy freedom of speech and the right of people peaceably to assemble
consistent with historical, individual rights.
4) The 1855 and 1825-26 Treaties' territories involves many Chippewa
tribes/members with similar rights, and this 1855 code is not meant to
infringe on the rights of other Treaty beneficiaries, co-parties' reserved or
inherent rights.
5) And Protection of Private Rights - mutual respect of each and everyone's
inherent human inalienable and civil rights does not permit infringement on
another's private, inherent human inalienable and civil rights, protected
under US constitution and U.S. Bill of Rights and Amendments. An
individual's right to travel, use and occupy are subject to the superior rights
of the Treaties, of private property owners and tribal governmental
regulation as provided herein.
Chapter 2. Definitions
American Indian Religious Freedom Act - (AIRFA) is a US federal law and a joint
resolution of Congress that was passed in 1978, created to protect and preserve
the traditional religious rights and cultural practices of American Indians, Eskimos,
Aleuts and Native Hawaiians. These rights include, but are not limited to, access
of sacred sites, repatriation of sacred objects held in museums, freedom to
worship through ceremonial and traditional rites, including within prisons, and
use and possession of objects considered sacred
1855 Right to Travel, Use and Occupy
Traditional Lands and Waters Code, page 2.


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Archaeological interest - means any material remains of human life or activities
or fossil, which are at least 100 years of age, and which are archaeological
interest, more specifically defined by 18 CFR part 1312, section 1312.3 (3), or
other federal and tribal laws.
Camping – depending on the activity, use and occupancy could last for an
extended period of time and necessarily involve camping or other temporary or
private occupancy (like RV) meant to be a private dwelling place, protected under
Bill of Rights "the right of the people to be secure in the privacy of their persons,
houses, papers, vehicles, and effects against unreasonable searches and seizures."
Ceremonial purposes – defined by traditions and customs, involving a single
person or group, may also including drumming, singing and dancing for extended
time periods over multiple days and nights.
Code - shall be defined as the 1855 members' Rights to Travel, Use and Occupy
Traditional Lands and Waters Code.
Customs and traditions – historical practices passed down through family and
community ceremonies. (See also this section Retroactive – See 28 U.S.C. §
1360(c) and 25 U.S.C. § 1322 (c) Force and effect of tribal ordinances or customs).
Fire – Use of fire is customary and traditional for many purposes, including but
not limited to light, heat, cooking food, traditions and ceremonies and for
protection etc.
Indian – Indian status shall be determined in accordance with community
standards, Treaty mixed-blood beneficiaries, prevailing federal law as it applies
within the jurisdiction of the United States Court of Appeals for the Eighth Circuit,
and Indian status showing "members of the first nations of Canada", i.e.,
Canadian Indians.
1855 Right to Travel, Use and Occupy
Traditional Lands and Waters Code, page 3.


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Indian Country – includes but is not limited to reservations, ceded and unceded
territories off reservation, where Indians enjoy certain inherent rights and
freedoms that would otherwise be unlawful for non-Indians, (example possession
and use of eagle feathers).
Non-Indian - shall mean any person not legally recognized or enrolled as a Native
American by blood quantum, descent or community.
People – includes Indians and non-Indians who are in a familial or consensual
relationship with 1855 and other tribal members.
Posted – Property that is posted with restrictions like; no trespassing, no burning
and no hunting must be respected and only accessible with permission of the
owner.
Rights of Indians and Tribes - See 28 U.S.C. § 1360(b) and 25 U.S.C. § 1322 (b)
Alienation, encumbrance, taxation, use, and probate of property, "Nothing in this
section shall authorize the alienation, encumbrance, or taxation of any real or
personal property, including water rights, belonging to any Indian or any Indian
tribe, band, or community that is held in trust by the United States or is subject to
a restriction against alienation imposed by the United States; or shall authorize
regulation of the use of such property in a manner inconsistent with any Federal
treaty, agreement, or statute, or with any regulation made pursuant thereto; or
shall confer jurisdiction upon the State to adjudicate, in probate proceedings or
otherwise, the ownership or right to possession of such property or any interest
therein.
Right to privacy – "the right of the people to be secure in the privacy of their
persons, houses, papers, vehicles," wigwams, tents, mobile campers (RVs) and
trailers, and other temporary structures for non-permanent use and occupation,
1855 Right to Travel, Use and Occupy
Traditional Lands and Waters Code, page 4.


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serving as temporary living habitat are private dwellings and vehicles of the
individual(s) subject to the privacy and civil rights protections of American Indian
Religious Freedoms Act, Indian Civil Rights Act of 1968, U.S. Constitution and Bill
of Rights, and The United Nations Declaration on the Rights of Indigenous
Peoples, endorsed by the United States in 2010.
Right to travel – Beyond traditional customs of the Chippewa (Ojibwe or
Anishinabe) different treaties expressly provided for rights to roam, use and
occupy. Freedom of movement under United States law is governed primarily by
the Privileges and Immunities Clause of the United States Constitution which
states, "The Citizens of each State shall be entitled to all Privileges and Immunities
of Citizens in the several States." See also Shapiro v. Thompson, 394 U.S. 618
(1969), a Supreme Court decision that helped to establish a fundamental "right to
travel" in U.S. law. Although the U.S. Constitution does not mention the right to
travel, it is implied by the other rights given/protected in the constitutions and bill
of rights.
Retroactive – See 28 U.S.C. § 1360(c) and 25 U.S.C. § 1322 (c) Force and effect of
tribal ordinances or customs, "Any tribal ordinance or custom heretofore or
hereafter adopted by any Indian tribe, band, or community, in the exercise of any
authority which it may possess must, if not inconsistent with the applicable civil
law of this state, be given full force and effect in the determination of civil claims
for relief pursuant to this section."
Spiritual places – are geographic places which can exist almost anywhere, and be
as unique as Pipestone, Minnesota. The spiritual places are usually historic in
nature, some more significant than others and can be created from a single iconic
event in Indian country and history. Standing Rock Camps became a spiritual
place and will forever remain.
1855 Right to Travel, Use and Occupy
Traditional Lands and Waters Code, page 5.


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Spiritual purposes – often include rituals, ceremonies and praying, by individuals,
families and groups, which historically can last for extended periods of time.
Traditional lands – for purposes of this Code includes the off-reservation lands of
the 1855 Treaty and within the 1825 Treaty boundaries.
Trespass – is provided for in the CEDED TERRITORY CONSERVATION CODE OF THE
1855 TREATY TRIBES, Section 103, Subd. 5) Prohibited Acts; Subd. 6) Trespass
Prohibition.
Tribal Court - is provided for in the CEDED TERRITORY CONSERVATION CODE OF
THE 1855 TREATY TRIBES, Section 103, Subd. 5) Prohibited Acts; Subd. 7).
Tribal members – can be Indians from any federally recognized tribe, because of
the "Duro fix," when Congress amended ICRA's definition of the tribes' "powers of
self-government" to "recognize and affirm" the existence of "inherent power ... to
exercise criminal jurisdiction over all Indians." 25 U.S.C. § 1301(2). (See also
United States v. Lara, 541 U.S. 193 (2004)). See Indian above.
Use and occupy – incidental to the natural right to roam and individual tribal
members necessary activities involving use of lands and waters and natural
resources to support cultural activities including but not limited to ceremonies
and celebrations.
UN DRIP - The United Nations Declaration on the Rights of Indigenous Peoples,
endorsed by the United States in 2010, a document endorsed by virtually the
entire world, confirms the right of Indigenous Peoples to participate in decisions
affecting them and the obligation of nation states to consult with them in order to
obtain their free, prior and informed consent before adopting and implementing
legislative or administrative measures that may affect them.
1855 Right to Travel, Use and Occupy
Traditional Lands and Waters Code, page 6.


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Article 37 of the UN Declaration explicitly recognizes the right of indigenous
peoples to have their treaties, agreements, and other constructive arrangements
with (international) States recognized, observed, and enforced.
Chapter 3. Right to Travel
From time immemorial the indigenous people of North America have enjoyed the
ancient, individual right to travel, roam, use and occupy traditional lands and
waters to support and access cultural and spiritual sites for traditional purposes,
all which pre-date European contact. (See also Shapiro v. Thompson, 394 U.S. 618
(1969), was a Supreme Court decision that helped to establish a fundamental
"right to travel" in U.S. law. Although the Constitution does not mention the right
to travel, it is implied by the other rights given in the Constitution).
Chapter 4. Reckless Use of Fire Prohibited.
Reckless Burning -- Any person who: (1) Recklessly starts, or causes a fire to be
started, which endangers human life; or (2) Damages property of another by
reckless use of fire; or (3) Having started a fire, whether recklessly or not, and
knowing that said fire is spreading and will endanger lives or property of another;
either fails to take reasonable measures to put out or control said fire or fails to
give a prompt fire alarm, is guilty of reckless burning, which is a form of trespass.
Chapter 5 - Penalties.
Any 1855 Treaty beneficiary or other recognized Indian or person under this Code
adjudged to have violated any provision of this Code shall be subject to the
jurisdiction assessment by the Tribal Court of a penalty consistent with the
existing CEDED TERRITORY CONSERVATION CODE OF THE 1855 TREATY TRIBES.
1855 Right to Travel, Use and Occupy
Traditional Lands and Waters Code, page 7.


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Page 1 of 3
WERBC Resolution
Approval of 1855 Off-Reservation Tribal Court
WHITE EARTH RESERVATION BUSINESS COMMITTEE
WHITE EARTH BAND OF CHIPPEWA INDIANS
OL vA “of / Q0A
Resolution No. ____
WHEREAS, the White Earth Reservation Business Committee is the duly elected governing
body of the White Earth Reservation pursuant to Article VI, Section 1, of the
revised constitution of the Minnesota Chippewa Tribe, as amended, and
organized under Section 16, of the Act of June 18, 1934 (48 Stat. 984), and
WHEREAS, the White Earth Reservation Business Committee is the duly authorized
governing body of the White Earth Band, and
WHEREAS, the White Earth Reservation Business Committee is the political successor tribal
government to the relocated Chippewas of the Mississippi, and has the authority
to enact ordinances and regulations providing an orderly system for tribal
control and regulation of hunting, fishing, gathering, trapping and resources
management in the territory ceded by the Treaty of February 22, 1855, 10 Stat.,
1165; and
WHEREAS, the White Earth Reservation Business Committee previously adopted Resolution
057-10-008 to provide for the conservation and management of fish, wildlife,
natural resources, plant populations and the pristine freshwaters that support
the ecosystems in the 1855 Ceded Territory through the regulation of Treaty
beneficiaries use and harvesting activities; and
WHEREAS, the White Earth Reservation Business Committee has always had an official role
in the governing board of the 1855 Treaty Authority (Commission) since 2010,
and the White Earth Reservation Business Committee has a duty to protect and
promote public health and to effectively safeguard the rights, privileges and
immunities for the Treaty beneficiaries throughout the territory ceded by the
Chippewas of the Mississippi to the United States by the Treaty of February 22,
1855.
WHEREAS, the White Earth Reservation Business Committee previously provided for a Tribal
Court in the Ceded Territory Conservation Code of the 1855 Treaty Tribes (See
Section 103, Subd. 5), and supported the adoption of the 1855 off-reservation
codes by and through 1855 Treaty Authority Resolution 2018-01 for the Right to
Travel, Use and Occupy Traditional Lands and Waters Code and by 1855 Treaty
Authority Resolution 2018-05 for the Rights of Manoomin Code; and
WHEREAS, the 1855 Treaty Authority has requested by Resolution 2021-01 that the White
Earth Reservation Business Committee now, establish an 1855 off-reservation
Tribal Court as a sub-division of the White Earth Reservation Tribal Court,


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Page 2 of 3
WERBC Resolution
Approval of 1855 Off-Reservation Tribal Court
previously provided for in the Ceded Territory Conservation Code of the 1855
Treaty Tribes in Section 103, Subd. 5; and
WHEREAS, the White Earth Tribal Reservation Business Committee desires to establish an
1855 off-reservation Tribal Court as a sub-division of the White Earth
Reservation Tribal Court to safeguard and protect natural resources in perpetuity
and enforce tribal codes for the important and significant rights, privileges and
immunities of the Treaty beneficiaries reserved in a series of Treaties between
the Chippewas with the United States of America from 1825 through 1867,
which includes the lands, waters and natural resources throughout the territory
ceded under the Treaty of February 22, 1855; now,
THEREFORE BE IT RESOLVED, that the White Earth Reservation Business Committee hereby
formally adopts the 1855 Treaty Authority Resolution 2018-01 for the Right to Travel, Use and
Occupy Traditional Lands and Waters Code and by 1855 Treaty Authority Resolution 2018-05
for the Rights of Manoomin Code as part of the laws of the White Earth Band of Ojibwe.
BE IT FURTHER RESOLVED, that the White Earth Reservation Business Committee hereby
establishes an 1855 off-reservation Tribal Court as a sub-division of the White Earth Reservation
Tribal Court to safeguard and protect the important and significant rights, privileges and
immunities of the Treaty beneficiaries through the enforcement of tribal codes, which includes
the lands, waters and natural resources throughout the territory ceded under the Treaty of
February 22, 1855.
BE IT FURTHER RESOLVED, that the White Earth Reservation Business Committee hereby
approves an amendment to the White Earth Judicial Code, Chapter 2, Section 1, by adding a
new paragraph (j), stated as follows:
The Court shall have jurisdiction to hear all actions arising under any code, resolution or
ordinance enacted to protect, preserve, or regulate the rights reserved for Chippewa
people in treaties negotiated with the United States government regarding off-
off-reservation resources. The Court shall also have jurisdiction to hear all actions arising
under any code, resolution or ordinance enacted to conserve, manage, or protect the
resources utilized by the Chippewa people, regardless of whether such code, resolution
or ordinance contemplates conservation, management or protection within or without
the boundaries of the Reservation.
BE IT FINALLY RESOLVED, that this Resolution, the Amendment to the Judicial Code, and the
adoption of the 1855 Treaty Authority Resolutions 2018-01 and 2018-05 as part of the White
Earth Tribal Code are effective immediately.


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Page 3 of 3
WERBC Resolution
Approval of 1855 Off-Reservation Tribal Court
We against, do hereby certify silent, that quorum the foregoing being resolution present was adopted regular meeting by a vote of of the White for, Earth
Reservation Business Committee held on March 11, 2021 in White Earth,
Minnesota.
Michget A Fairbanks, Chairmas
Leonard Alan Roy Secretary/Treasurer