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Minn. tribe wins another round in reservation dispute
Wednesday, March 10, 2004

A federal appeals court on Tuesday rejected a Minnesota county's attempt to wipe most of the Mille Lacs Ojibwe Reservation off the map.

In a unanimous decision, a three-judge panel of the 8th Circuit Court of Appeals dismissed the contentious lawsuit, which has cost taxpayers in Mille Lacs County more than $1 million in legal fees. The court determined that the county, along with a private bank, had no standing to challenge the boundaries of the reservation.

The suit, the court concluded, amounted to mere speculation and rumor about the tribe's plans for 61,000 disputed acres. "Neither the county nor the bank has shown that it is in immediate danger of sustaining threatened injury traceable to an action of the band," wrote Judge Lavenski R. Smith for the majority.

But the decision left open the possibility that the case, which has strained tensions among Indian and non-Indian residents, could be submitted in the the future. The judges dismissed the suit without prejudice, meaning the county and the bank could claim they are being harmed by the tribe's use of its own land.

Melanie Benjamin, the tribe's chief executive, praised the court's ruling. "I hope we can put this lawsuit behind us and find a way to move forward in a new spirit of respect and cooperation in Mille Lacs County," she said in a statement.

County officials, however, are considering a possible appeal to the U.S. Supreme Court. In recent years, the justices have rejected similar suits that seek to diminish the boundaries of reservations.

Minnesota attorney general Mike Hatch, a Democrat, sided with the county and the bank in the dispute, which originated in fears that the tribe would assert greater authority over non-Indians within reservation boundaries. The state previously challenged, and lost, a major Ojibwe fishing rights decision before the Supreme Court in 2000.

South Dakota attorney general Larry Long, a Republican, also supported the county. Long's predecessor won a 1998 Supreme Court ruling that reduced the boundaries of the Yankton Sioux Reservation, and in a related dispute, Long continues to battle the Lower Brule Sioux Tribe's attempt to restore land that was once part of its reservation. That case has been in the courts for more than 10 years.

The dispute over the Mille Lacs Ojibwe Reservation centers over 61,000 acres that the county claims does not belong to the tribe. The county says it has been led to believe that the reservation is only 4,000 acres.

The larger reservation threatens the county's tax base and legal authority, the county argues. Local officials say the tribe will seek to impose stringent environmental standards for air and water. They also believe the tribe will assert jurisdiction over non-Indians.

The tribe has applied for a "treatment as state" designation from the Environmental Protection Agency. But the federal courts have already ruled that this designation is well within tribal authority.

Get the Decision:
COUNTY OF MILLE LACS v. BENJAMIN (March 9, 2003)

Case Documents:
COUNTY OF MILLE LACS v. BENJAMIN (8th Circuit)

Relevant Links:
Mille Lacs Band of Ojibwe - http://www.millelacsojibwe.org

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