Minnesota 1837 Ceded Territory Conservation Code | Mille Lacs Band of Ojibwe
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Abstract
Fishing, hunting, and gathering have long been central to the Mille Lacs Band of Ojibwe’s collective identity. So when the Band yielded a large amount of territory to the United States government in Treaty of 1837, its members retained hunting, fishing, and gathering privileges on the ceded land. Although Band members continued to hunt and fish in the Treaty area according to Ojibwe tradition, they did so hesitantly and with a certain degree of fear. Without the protection of clearly enunciated treaty law, Band members were subject to gear seizure, hefty fines, and possible arrest by State game wardens. After investigating their treaty rights, in the 90s tribal negotiators produced the 200-point 1837 Ceded Territory Conservation Code stipulating the Band’s rights and responsibilities which the U.S. District Court, Court of Appeals, and Supreme Court used to affirm Band members’ rights to hunt, fish, and gather in east-central Minnesota. The Mille Lacs Band’s Ceded Territory Conservation Code demonstrates that Indian tribes can successfully develop, implement, and monitor important natural resource programs in cooperation with non-Indian governments, and it stands as a model of effective government-to-government relations.