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

OFFICERS
CHAIRMAN STEVEN CLARK
MONICA
ARTHUR LAROSE MONICA HepsTeoa
HEDSTROM ALFRED FOX, JR. ARCHIE LAROSE
CLARK RICHARD ROBINSON DALE GREENE, JR. SANDRA SKINAWAY PO Box 418
WHITE EARTH, MN 56591
SECRETARY/TREASURER SANDRA SKINAWAY MICHAAL AUBID
1855 TREATY AUTHORITY
EAST LAKE ♦ LEECH LAKE ♦ MILLE LACS ♦ SANDY LAKE ♦ WHITE EARTH
RESOLUTION ESTABLISHING RIGHTS OF MANOOMIN
RESOLUTION # 2018-05
WHEREAS, the 1855 Treaty Authority is comprised of treaty beneficiary members of
the 1855 Treaty between the Chippewa Indians and prior Chippewa
Treaties with the United States with regard to territory that became what is
now known as Minnesota; and
WHEREAS, the many Chippewa 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 wild rice, the plant of supreme cultural
significance to the Chippewa; and
WHEREAS, the State of Minnesota has no federal trust responsibility or legal authority
to regulate tribal members' harvest rights under federal treaties or the
Public Law 83-280 (18 U.S.C. 1162, 28 U.S.C. § 1360); and
WHEREAS, the 1855 Treaty Authority has been regulating off reservation harvesting by
treaty beneficiaries of the 1855 Chippewa Treaty; and
TREATY WITH THE CHIPPEWA; 1855.
Feb. 22, 1855. | 10 Stat., 2165. | Ratified March 3, 1855. | Proclaimed Apr. 7, 1855.
.


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

1855 Resolution 2018- 05 Establishing Rights of Manoomin
Dec. 5, 2018, p. 2
WHEREAS, manoomin, or wild rice, is considered by the Anishinaabe people to be a
gift from the Creator or Great Spirit and continues to be an important staple
in the diets of native peoples for generations, is a central element of the
culture, heritage, and history of the Anishinaabe people, and is an integral
part of the wetland ecosystems and natural communities of our traditional
lands;
WHEREAS, manoomin and the habitats it thrives in are threatened by hybridization,
genetic modification, sterilization, privatization, climate change, and other
industrial and corporate practices, and we recognize that to protect
manoomin and our people, we must secure its highest protection through
the recognition of legal rights, and call upon the bands of the Anishinaabeg
Nation, and other relevant federations, commissions, and government
entities, to secure and protect the legal rights of manoomin and our peoples;
NOW THEREFORE BE IT RESOLVED, that the 1855 Treaty Authority now
establishes the Rights of Manoomin to provide written notice to the State of
Minnesota and other entities which threaten and endanger the clean,
freshwater resources and necessary habitats for Manoomin, that it has
become necessary to provide a legal basis to protect wild rice and fresh
water resources as part of our primary treaty foods for future generations.
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
December 5, 2018, by a vote of 7 in favor, 0 against, and 0 abstaining at a
meeting.
Arthur "Archie" LaRose, Chairman Sandra Skinaway, Secretary-Treasurer


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

1855 Resolution 2018- 05 Establishing Rights of Manoomin
Dec. 5, 2018, p. 3
Rights of Manoomin
Section 1. Statements of Law – Rights.
(a) Rights of Manoomin. Manoomin, wild or rice, within all the Chippewa
ceded territories possesses inherent rights to exist, flourish,
regenerate, and evolve, as well as inherent rights to restoration,
recovery, and preservation. These rights include, but are not limited
to, the right to pure water and freshwater habitat; the right to a healthy
climate system and a natural environment free from human-caused
global warming impacts and emissions; the right to be free from
patenting; as well as rights to be free from infection, infestation, or
drift by any means from genetically engineered organisms, trans-
transgenic risk seed, or other seeds that have been developed using
methods other than traditional plant breeding.
(b) Rights of Tribal Members. Tribal members of various Chippewa tribes
and Bands possess the right to harvest manoomin, and protect and
save manoomin seeds, within the 1855 ceded territory and beyond.
This right shall include, but is not limited to, the right to manoomin
that is free from patenting, as well as free from infection, infestation,
or drift by any means from genetically engineered organisms, transgenic
genetic risk seed; or other seeds that have been developed using
methods other than traditional plant breeding.
(c) Right of Sovereignty. Chippewa tribal members possess both a
collective and individual right of sovereignty, self-determination, and
self-government, which shall not be infringed by other governments
or business entities claiming the right to override our rights. This
shall include the right to enforce this law free of interference from
corporations, other business entities, governments, or other public or
private entities. These rights pre-date treaties and a derived from the
individually held, usufructuary property rights protected by U.S.
Constitutional due process, as part of the supreme law of the land.
(d) Rights as Self-Executing. All rights secured by this law are inherent,
fundamental, and unalienable, and shall be enforceable against both
private and public actors without further implementing legislation.


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

1855 Resolution 2018- 05 Establishing Rights of Manoomin
Dec. 5, 4
Section 2. Statements of Law – Prohibitions Necessary to Secure Rights.
(a) It shall be unlawful for any business entity or government, or any other
public or private entity, to engage in activities which violate, or which
are likely to violate, the rights or prohibitions of this law, regardless of
whether those activities occur within, or outside of, the 1855 ceded
territory.
(b) No government shall recognize as valid any permit, license, privilege,
government, or any other public or private entity, that would enable
that entity to violate the rights or prohibitions of this law; regardless
of whether the authorized activities occur within, or outside of, the
1855 ceded territory.
Section 3. Enforcement.
(a) The 1855 Treaty Authority shall take all necessary actions to protect,
implement, defend, and enforce the rights and prohibitions of this law;
and in particular Clean Water Act sections 401 and 404 permitting
because we have a collective, one-half, undivided interest is the
ecosystem that supports our way of life and because water is life and
supports our primary foods of wild rice, fish and game which all rely
on other important natural resources.
(b) Any business entity or government, or any other public or private entity,
that violates any provision of this law shall be guilty of an offense
and, upon conviction thereof, shall be sentenced to pay the maximum
Fine allowable under tribal law. Each day or portion thereof, and each
violation of each section of this law, shall count as a separate
violation.
(c) Any business entity or government, or any other public or private entity
that violates any provision of this law shall also be liable for any
Damages shall be measured by the cost of restoring the manoomin


===== page 5 =====

1855 Resolution 2018-05 Establishing Rights of Manoomin
Dec. 5, 2018, p. 5
and its habitat to their state before the violation, and shall be paid to
an escrow account established by the tribunal to be used exclusively
for the full and complete restoration, recovery, and protection of the
manoomin and its habitat.
(d) The 1855 Treaty Authority, or any enrolled member of the Chippewa
bands, may enforce all of the provisions of this law through an action
brought in any appropriate court or other legal forum. In such an
action, the 1855 Treaty Authority or the Band member shall be
entitled to recover all costs of litigation, including, without limitation,
expert and attorney's fees.
(e) Manoomin within the 1855 ceded territory may enforce its rights and the
prohibitions of this law through an action brought by the 1855 Treaty
Authority or any Band member of the many and various Chippewa
Bands in any appropriate court, tribunal or legal forum in the name of
mandomin as the real party in interest.
(f) If the 1855 Treaty Authority fails to enforce or defend this law, or a court
fails to uphold this law, any Anishinaabe Band member who is a
treaty beneficiary may enforce the rights set forth in this law through
nonviolent direct action. If nonviolent direct action is taken to enforce
the rights set forth in this law, law enforcement personnel shall be
prohibited from arresting or detaining persons directly enforcing those
rights.
(g) Any Chippewa Band members, the 1855 Treaty Authority and
manoomin shall have the right to intervene in any action concerning
this law in order to enforce or defend it, and in such an action, other
parties to that action shall not be deemed to adequately represent their
particularized interests.
Section 4. Effective Date and Existing Permit Holders.
This law shall be effective immediately on the date of its enactment, at
which point the law shall apply to any and all actions that would violate this
law regardless of the date of any applicable local, state, or federal permit.


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WHITE EARTH RESERVATION BUSINESS COMMITTEE
WHITE EARTH BAND OF CHIPPEWA INDIANS
CO) 0/--/ G-O0 q
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 and Bylaws of the Minnesota Chippewa Tribe, as amended, and organized under
Section 16, of the Act of June 18, 1934 (48 Stat. 984); and
WHEREAS, manoomin, or wild rice, is considered by the Anishinaabeg people to be a gift from
the Creator, and manoomin is central to Anishinaabeg culture; and
WHEREAS, manoomin has been a staple in the diets of native people for generations, is a
central element of the culture, heritage, and history of the Anishinaabeg people, and is an
integral part of the ecosystems and natural communities of our traditional lands; and
WHEREAS, manoomin and the habitats it thrives in are threatened by hybridization, genetic
modification, sterilization, privatization, climate change, and other industrial and corporate
practices; and
WHEREAS, we recognize that to protect manoomin and our people, we must secure their
highest protection through the recognition of legal rights for the protection of manoomin.
NOW, THEREFORE BE IT RESOLVED, the White Earth Reservation Business Committee
hereby adopts the attached Rights of Manoomin Ordinance.
We do hereby certify that the foregoing resolution was enacted by a vote of 3 for, 0
against, Reservation 0 Business silent, Committee a quorum being present a special at meeting of the White Earth Reservation Business Committee held on December 31, 2018, White in White Earth. Earth.
L/L
/ La wits
Terrence "Terry" Tibbetts, Chairman
Leonard
7
Alan Roy, Secretary/Treasurer
é


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Page 1 of 5
WERBC Resolution
Rights of Manoomin
WHITE EARTH RESERVATION BUSINESS COMMITTEE
WHITE EARTH BAND OF CHIPEWA INDIANS
OOLl-LF OL
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 was established by Treaty in 1867 as a final
relocation reservation for the Chippewa of the Mississippi from our reservations
that were established through the 1855 Treaty at Gull Lake, Mille Lac, Sandy Lake,
Rabbit Lake, Pokagomin Lake, and Rice Lake, and
WHEREAS, the federal government also previously attempted to remove the Chippewa of the
Mississippi from the 1855 reservations through the 1863 and 1864 Treaties with
the Chippewa, but such relocation was not carried through, and
WHEREAS, the White Earth reservation has approximately one-half of the 40,000 total tribal
members enrolled in the Minnesota Chippewa Tribe, who are all treaty
beneficiaries of the 44 Chippewa Treaties with the United States, and each tribal
member retains the usual rights of occupancy and to earn a modest living across
the 1855 ceded territory including the rights to hunt, fish, trap, and gather wild
rice and other plants, and
WHEREAS, the United States Supreme Court decided the Minnesota v. Mille Lacs case in 1999,
and explained that treaties are liberally construed in favor of the Indians and "how
the Chippewa signatories to the Treaty understood the agreement because we
interpret Indian treaties to give effect to the terms as the Indians themselves
would have understood them"; and further concluded that "the historical record,
purpose, and context of the negotiations all support the conclusion that the 1855
Treaty was designed to transfer Chippewa land to the United States, not terminate
usufructuary rights," and
WHEREAS, Chief Flatmouth of the Pillager Band at Leech Lake was an important treaty
negotiator and signatory to the 1837 and 1855 treaties, and the 1837 treaty
journal clearly demonstrates Chief Flatmouth's intentions on behalf of the
Chippewa as follows: "the Indians wish to reserve the privilege of hunting and
fishing on the lands and making sugar from the Maple," and
WHEREAS, Chief Flatmouth, further emphasized the importance of reserving usufructuary
rights on the ceded lands through the following assertions during the 1837 treaty
negotiations: "My Father. Your children are willing to let you have their lands, but
they wish to reserve the privilege of making sugar from the trees, and getting their


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Page 2 of 5
WERBC Resolution
Rights of Manoomin
living from the Lakes and Rivers, as they have done heretofore, and of remaining
in this Country.... You know we cannot live, deprived of our Lakes and Rivers; ...
we wish to remain upon them, to get a living," and
WHEREAS, the United States Supreme Court has described our usufructuary use and
occupation rights, both on reservation and off reservation in the ceded territories,
as follows: "treaty protected rights to hunt, fish, trap and gather wild rice are
property rights to be used in whatever fashion the Indians, as owners, desire,
whether to eat, clothe, or sell." As such, our usufructuary property rights are
protected by Congressional due process, and are not subject to unilateral state
action, and
WHEREAS, the 1855 Treaty ceded territory is at the top of three of the four North American
continental divides/watersheds: the Red River north to Hudson Bay; the
Mississippi River south to the Gulf of Mexico; and Lake Superior tributaries east to
the Atlantic Ocean; and prior to European contact, and prior to any of the treaties,
each of these water bodies were pristine and bountiful with natural resources
provided as gifts from the Creator who guided us here to the place where the
"manoomin" grows on the water, a place with which we have a spiritual covenant
and responsibility to protect, and
WHEREAS, the Chippewa property rights in the 1855 ceded territory are not subject to state
regulation and are legally described as an undivided one-half interest in the
Minnesota ecosystem habitats to support our livelihoods, and necessarily include
the right to defend and protect the Chippewa freshwater resources through the
401 and 404 permitting processes pursuant to the federal Clean Water Act, and
WHEREAS, in response to Enbridge's Line 3 proposal, the White Earth Band and the 1855
Treaty Authority previously coordinated with the Minnesota Chippewa Tribe, and
ultimately adopted the Anishinaabe Cumulative Impacts Assessment, which
concluded that climate change impacts of the Line 3 proposal are too significant
to permit a new crude oil pipeline route through the treaty ceded territory,
particularly in light of the fact that there is no need for additional oil production
for the United States market, and
WHEREAS, we have determined that climate change impacts that would result from the Line
3 project must be considered within the 401 water quality certification process
through the Minnesota Pollution Control Agency because climate change impacts
could likely impact Minnesota water quality; and further that the 401 certification
process must consider potential oil spill impacts on water quality standards,
especially oil spills that exceed Minnesota's wild rice standard because once
operational Line 3 has the potential to spill diluted bitumen which contains 3-4%
sulfur compounds, and


===== page 9 =====

Page 3 of 5
WERBC Resolution
Rights of Manoomin
WHEREAS, because the Minnesota Pollution Control Agency is currently in the process of
revising the sulfate standard for the purpose of protecting wild rice, and because
the agency has not finalized methods for identifying waters used for production
of wild rice or for assessing impairment of waters based on the existing wild rice-
rice-related standard, the draft 2018 Impaired Waters List does not include any waters
assessed as impaired because the waters exceed the sulfate standard pertaining
to wild rice waters, and
WHEREAS, we have been informed of the decision of Minnesota Administrative Law Judge
LauraSue Schlatter included in the Report of the Administrative Law Judge dated
January 9, 2018, and entitled In the Matter of the Proposed Rules of the Pollution
Control Agency Amending the Sulfate Water Quality Standard Applicable to Wild
Rice and Identification of Wild Rice Rivers, [and] Minnesota Rules (OAH 80-9003-34519),
in which the following specific conclusions were reached:
(1) MPCA's proposed repeal of the 10 mg/L sulfate standard is rejected. . .
due to the Agency's failure to establish the reasonableness of the repeal,
and because the repeal conflicts with the requirements of existing federal
and state law,
(2) the proposed equation-based sulfate standard . . . proposed rule fails
to meet the definition of a rule under Minnesota Statutes,
(3) in addition, the proposed equation-based sulfate standard is not
rationally related to the Agency's objective in this proceeding, and is
unconstitutionally void for vagueness, and
(4) the proposed list of approximately 1,300 wild rice waters at Minn. R.
7050.0471, subps. 3 through 9 cannot be sustained because it violates 40
C.F.R. §§ 131.3 and .11(h)(1), and
WHEREAS, we know that Climate change affects lakes, and walleye in complex ways¹ and that
years later an Ojibwe leader says Mille Lacs walleye have not recovered yet², and
we understand that any increase in tar sands extraction and production will only
speed up climate change and compound environmental and aquatic problems in
Minnesota; and when walleye fishing people can't fish Mille Lacs, they ultimately
shift further north to Big Sandy, Pokegama, Winnibigoshish, Cass Lake and Leech
Lake, which are all original 1855 reservations, and
WHEREAS, the Minnesota Governor established the Governor's Task Force on Wild Rice,
Executive Order 18-08 on May 28, 2018 and Executive Order 18-09 amending
Executive Order 18-08 recognizes that "wild rice is culturally important and
spiritually sacred to Minnesota's Tribal Nations" and "the health of wild rice is
dependent on water quality and other habitat conditions" and that "the
restoration and protection of wild rice habitat requires collaboration among state
^ See Climate change affects lakes, walleye in complex ways, by Elizabeth Dunbar on Minnesota Public Radio, Sept.
9, 2015 at https://www.mprnews.org/story/2015/09/09/walleye-climate-change
^ See Ojibwe leader says Mille Lacs walleye have not recovered yet by Tony Kennedy Star Tribune OCTOBER 1,
2017 at http://www.startribune.com/ojibwe-leader-says-mille-lacs-walleye-have-not-recovered-yet/448842053/


===== page 10 =====

Page 4 of 5
WERBC Resolution
Rights of Manoomin
agencies, Tribal Nations, wild rice harvesters, industry, conservation advocacy
groups, and scientists," but we find that the Executive Order fails to recognize the
federally protected property rights of the Chippewa of the Mississippi, and our
authority to take steps toward the protection of wild rice, and
WHEREAS, the pattern and practice of the Minnesota state government of disrespecting and
oppressing the more than 20,000 Chippewa of the Mississippi from freely
exercising their usufructuary rights violates our equal protection rights because
the state respects the rights of some members of the signatory bands to Chippewa
treaties, while simultaneously and unilaterally denying those same rights to the
Chippewa of the Mississippi, whose ancestors were also signatories to the same
treaties, and
WHEREAS, the White Earth Band has intervened in the Minnesota Public Utilities Commission
(PUC) proceedings pertaining to both the Sandpiper (fracked Bakken crude) and
the Line 3 Replacement (extracted tar sands crude) in an effort to protect the
freshwater habitats that support wild rice and prevent related climate change
impacts to air and water quality and our natural food resources that rely upon
avoiding risk of further degradation to the overall upper Mississippi river, and
WHEREAS, the Mille Lacs Band of Ojibwe, Red Lake Band of Chippewa Indians and White Earth
Band of Ojibwe, Honor the Earth and Friends of the Headwaters, each parties to
the PUC proceedings involving Line 3, have appealed the PUC's granting of a
Certificate of Need and Route Permit, and
WHEREAS, the State of Minnesota has a legal obligation under federal law to honor and
respect our right to parity recognition to the same treatment of Chippewa
usufructuary property rights in the 1855 treaty ceded territory as has been
accorded in the 1837 and 1854 treaty ceded territories, and the state is further
obligated to recognize that co-management of on and off reservation resources
must include Chippewa priority to water rights and the right to withhold consent
as co-owner of the resources, and
WHEREAS, White Earth Band of Ojibwe is one of the founding members of the 1855 Treaty
Authority, and in 2010 the Band adopted an off-reservation conservation code for
the 1855 ceded territory, and
WHEREAS, the State of Minnesota has no trust responsibility to protect treaty rights or legal
authority to regulate tribal members' harvest rights under federal treaties, and
WHEREAS, the 1855 Treaty Authority has been regulating off reservation harvesting of wild
rice or "manoomin" by treaty beneficiaries of the 1855 Chippewa Treaty since
2010, and


===== page 11 =====

Page 5 of 5
WERBC Resolution
Rights of Manoomin
WHEREAS, manoomin, or wild rice, is considered by the Anishinaabe people to be a gift from
the Creator and continues to be an important staple in the diets of native people
for generations, is a central element of the culture, heritage, and history of the
Anishinaabe people, and is an integral part of the wetland ecosystems and natural
communities of our traditional lands, and
WHEREAS, manoomin and the habitats in which it thrives are threatened by hybridization,
genetic modification, sterilization, privatization, climate change, and other
industrial and corporate practices, and we recognize that in order to protect
manoomin and our people, we must secure its highest protection through the
recognition of legal rights, and call upon the bands of the Anishinaabeg Nation,
and other relevant federations, commissions, and government entities, to secure
and protect the legal rights of manoomin and our people.
NOW THEREFORE BE IT RESOLVED, that the White Earth Reservation Business Committee hereby
determines that it is necessary to protect the health and welfare of our tribal members, as well
as the economic security of the White Earth Band through the protection of Manoomin and the
habitats in which it grows, and
BE IT FURTHER RESOLVED, that the RBC hereby establishes a requirement for providing written
notice to cease and desist to the State of Minnesota and other entities that take actions, or
permit others to take actions that endanger the clean, freshwater resources and necessary
habitats required for Manoomin to flourish, and
BE IT FINALLY RESOLVED, that the RBC hereby determines that it has become necessary to
provide a legal basis to protect wild rice and fresh water resources as part of our primary treaty
foods for future generations, and that such protections will be embodied in a tribal law entitled
"The Rights of Manoomin."
We do hereby certify that the foregoing resolution was adopted by a vote of 3 for, 0
against, 0 silent, a quorum being present at a special meeting of the White Earth Reservation
Business Committee held on December 31, 2018 in White Earth, Minnesota.
,
7
-
LM
a
ecretary/Treasu
Leonard Alan Roy,
>


===== page 12 =====

RIGHTS OF MANOOMIN
Section 1. Statements of Law – Rights.
(a) Rights of Manoomin. Manoomin, or wild rice, within the White Earth Reservation
possesses inherent rights to exist, flourish, regenerate, and evolve, as well as inherent
rights to restoration, recovery, and preservation. These rights include, but are not limited
to, the right to pure water and freshwater habitat; the right to a healthy climate system
and a natural environment free from human-caused global warming impacts and
emissions; the right to be free from patenting; as well as rights to be free from infection,
infestation, or drift by any means from genetically engineered organisms, trans-genetic
risk seed, or other seeds that have been developed using methods other than traditional
plant breeding.
(b) Rights of Tribal Members. Tribal members of White Earth Band possess the right to
harvest manoomin, and protect and save manoomin seeds, within the White Earth
Reservation. This right shall include, but is not limited to, the right to manoomin that is
free from patenting, as well as free from infection, infestation, or drift by any means from
genetically engineered organisms, trans-genetic risk seed, or other seeds that have
been developed using methods other than traditional plant breeding.
(c) Right of Sovereignty. The White Earth Band and its members possess both a
collective and individual right of sovereignty, self-determination, and self-government,
which shall not be infringed by other governments or business entities claiming the right
to override that right. This shall include the right to enforce this law free of interference
from corporations, other business entities, governments, or other public or private
entities. That right shall include the right of tribal members to be free from ceiling
preemption, because this law expands rights-protections for people and manoomin
above those provided by less-protective state, federal, or international law.
(d) Rights as Self-Executing. All rights secured by this law are inherent, fundamental,
and unalienable, and shall be enforceable against both private and public actors without
further implementing legislation.
Section 2. Statements of Law – Prohibitions Necessary to Secure Rights.
(a) It shall be unlawful for any business entity or government, or any other public or
private entity, to engage in activities which violate, or which are likely to violate, the
rights or prohibitions of this law, regardless of whether those activities occur within, or
outside of, the White Earth Reservation.
(b) No government shall recognize as valid any permit, license, privilege, charter, or
other authorization issued to any business entity or government, or any other public or
private entity, that would enable that entity to violate the rights or prohibitions of this law,
regardless of whether the authorized activities occur within, or outside of, the White
Earth Reservation.


===== page 13 =====

Section 3. Enforcement.
(a) The Tribal Government shall take all necessary actions to protect, implement,
defend, and enforce the rights and prohibitions of this law.
(b) Any business entity or government, or any other public or private entity, that violates
any provision of this law shall be guilty of an offense and, upon conviction thereof, shall
be sentenced to pay the maximum fine allowable under tribal law. Each day or portion
thereof, and each violation of each section of this law, shall count as a separate
violation.
(c) Any business entity or government, or any other public or private entity, that violates
any provision of this law shall also be liable for any damages to the manoomin and its
habitat caused by the violation. Damages shall be measured by the cost of restoring the
manoomin and its habitat to their state before the violation, and shall be paid to the
White Earth Reservation Business Committee to be used exclusively for the full and
complete restoration, recovery, and protection of the manoomin and its habitat.
(d) The White Earth Reservation Business Committee may enforce all of the provisions
of this law through an action brought in any appropriate court. In such an action, the
White Earth Reservation Business Committee shall be entitled to recover all costs of
litigation, including, without limitation, expert and attorney's fees.
(e) Manoomin within the White Earth Reservation may enforce its rights and the
prohibitions of this law through an action brought by the White Earth Reservation
Business Committee in any appropriate court, in the name of manoomin as the real party
in interest.
(f) Law enforcement personnel shall be prohibited from arresting or detaining persons
directly enforcing these rights; and, enforcement shall be consistent with Article 13
(Rights of Members) under the Revised Constitution and Bylaws of the Minnesota
Chippewa Tribe.
(g) The White Earth Reservation Business Committee and manoomin shall have the
right to intervene in any action concerning this law in order to enforce or defend it, and in
such an action, other parties to that action shall not be deemed to adequately represent
their particularized interests.
Section 4. Effective Date and Existing Permit Holders.
This law shall be effective immediately on the date of its enactment, at which point the law shall
apply to any and all actions that would violate this law regardless of the date of any applicable
local, state, or federal permit.


===== page 14 =====

Page 1 of 3
WERBC Resolution
Approval of 1855 Off-Reservation Tribal Court
WHITE EARTH RESERVATION BUSINESS COMMITTEE
WHITE EARTH BAND OF CHIPEWA INDIANS
OL vA “2, VA LOA
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 do hereby certify that the foregoing resolution was adopted by a vote of 4 for, 0
against, 0 silent, a quorum being present at a regular meeting of the White Earth
Reservation Business Committee held on March 11, 2021 in White Earth,
Minnesota.
pbs ans
Michael
A. Fairbanks,
Leonard Alan Roy Treasurer