Tentative deal reached in Tribal suit
Published: Thursday, September 16, 2010 The Morning Sun, Michigan By MARK RANZENBERGER - The State of Michigan is in dispute over a reservation boundary of a Tribe. The Tribe seeks to expand law enforcement over a broad area of lands inhabited by non tribal members.
A tentative deal appears to have been struck to settle the lawsuit over the extent of Tribal jurisdiction within the traditional boundaries of the Isabella Reservation.
But no one is saying what’s in it, and the contents of the settlement probably won’t be known for at least another month.
“All parties to this case have now reached tentative agreement regarding the terms of a global settlement of all disputes between them in this case,” according to documents filed Thursday in U.S. District Court in Bay City. But the settlement itself remains under wraps, apparently while the final details are worked out.
In 2005, the Saginaw Chippewa Indian Tribe filed a federal lawsuit against the state of Michigan, asking that a judge order the state to recognize land inside the traditional boundaries of the Isabella Reservation as “Indian country” as defined by federal law. The suit asked for an injunction to prevent the governor, attorney general and state treasurer from exerting criminal or civil jurisdiction over the Tribe or its members “in a manner not allowed in Indian country.”
The Justice Department joined the suit on the side of the Tribe, while the city of Mt. Pleasant and Isabella County joined the state as defendants. The case has dragged on for more than five years, and has been in mediation for some time.
Federal Judge Thomas L. Ludington in July pushed back the scheduled start of the trial until January while mediation efforts continued. The Tribe, the state and the city reached a deal in July; the county apparently joined the deal this month.
The details of the deal, however, remain closely held. An earlier court filing indicated that a “confidential letter identifying the tentative settlement terms” has been put together, but it hasn’t been made public.
A major goal of the Tribe was seeking a guarantee of Tribal law enforcement jurisdiction over Native Americans within the traditional boundaries of the Isabella Reservation. That comprises Deerfield, Denver, Isabella, Nottawa and Wise townships, and the northern halves of Chippewa Township and Union Township, including the part of the city of Mt. Pleasant north of High Street.
The Tribe and the Justice Department say that an 1855 executive order, and treaties signed in 1855 and 1864, created an Indian reservation on the five full townships and two half-townships in Isabella County, and it continues to this day.
The state argues that the predecessors to the Saginaw Chippewa Indian Tribe gave up all their land in a series of treaties, ending with the 1836 Treaty of Saginaw, and that the only land that is truly "Indian country" is the land held in trust for the Tribe by the federal government.
The city, county and state argued that declaring the land to be Indian country could have unintended consequences over issues such as taxation and zoning. Much of the legal maneuvering over the past five years since the lawsuit was filed has been over what kind of evidence could be introduced by both sides to make their cases.
The state argued even on trust land, it has a right to enforce laws if activities there would affect land off the reservation.
Ludington said deadlines in mid- to late October for additional legal documents to be filed, and ruled that he wouldn’t release a ruling on motions for summary judgment until Oct. 21 at the earliest. He said in court documents that he could put off issuing any rulings until early December “if it is necessary to facilitate the parties’ final settlement of this suit.”