Judge OKs settlement agreements in Indian country suit
Published: Wednesday, November 24, 2010
A federal judge Tuesday approved a series of agreements that declare the land in the traditional boundaries of the Isabella Reservation to be defined as Indian country under federal law.
The agreements between the Saginaw Chippewa Indian Tribe and the state of Michigan, Isabella County and the city of Mt. Pleasant spell out the extent of each government’s jurisdiction over law enforcement, child welfare, tax and revenue issues, business regulation, and zoning and land use.
“This settlement clearly recognizes our reservation boundaries and allows for greater understanding of the jurisdictional power of Tribal government to direct the growth and well-being of our Native people,” said Tribal Chief Vincent Kequom Sr. in a statement released after the settlement was approved.
U.S. District Court Judge Thomas L. Ludington ruled from the bench that the series of agreements settling a suit filed by the Tribe in 2005 could go into effect.
“Those documents are in full force,” said Tribal spokesman Frank Cloutier. He said some detail work must be done on state-Tribal tax agreements, but others now are in effect.
Ludington rejected arguments from Michigan Attorney General Mike Cox that the agreements limit state law enforcement authority, and that members of the public don’t have enough time to comment on the proposed settlements.
Under federal law, the federal government and autonomous Tribal authorities, not states and civil governments, exert jurisdiction over Native American people on land defined as Indian country.
“The Tribe has achieved its goal,” Kequom said, “an order by the federal court that recognizes the Tribe’s reservation boundaries as the five townships and two one-half townships in Isabella County as Indian country.”
The agreements recognize all of the townships of Deerfield, Denver, Isabella, Nottawa and Wise, plus the north halves of Chippewa and Union townships, including part of the city of Mt. Pleasant, as Indian country as defined by federal law. Indian country also includes a small portion of land south of Remus Road in Chippewa Township that is held in trust by the federal government for the benefit of the Tribe.
The agreement also formally recognizes Tribal land in Arenac County as Indian country, although that was never in dispute. Continued…
The Tribe filed the suit against Gov. Jennifer Granholm, Cox, state Treasurer Robert J. Kleine and the state of Michigan in 2005 asking for the declaration. The Justice Department later joined the suit on the side of the Tribe, while Isabella County and the city of Mt. Pleasant joined on the state’s side.
Twenty months of closed-door negotiations produced the series of agreements defining what the recognition means. The deals provide for the Tribe to make payments in lieu of taxes on property taken into trust, calls for cross-appointment of civil police officers to enforce Tribal law, and makes Native-owned property in the city of Mt. Pleasant subject to city zoning and land-use regulations.
The Tribe has agreed to craft its own zoning ordinance that would apply to Native-owned land outside the city, initially mirroring the existing civil zoning, as well as adopt business regulations that would apply to Native-owned businesses in Indian country.
According to court documents, only one fully negative comment was received during the brief public comment period. That came from Isabella County Commissioner John Haupt, who cast the only dissenting vote when the Isabella County Board of Commissioners approved the agreements involving the county.
Haupt argued that he expects the agreements to negatively affect the economy, cost local governments tax revenues and disrupt expectations among the Tribe and local governments. Those assertions were disputed by Tribal attorney Sara K. Van Norman, who said the agreements actually will send more money to local governments.
Union Township Supervisor John Barker said that while Union Township supports settling the suit, some circumstances unique to Union Township were not addressed in the settlement.
Van Norman said the township was not a party to the suit; the county and the city of Mt. Pleasant were.
“The unique and detailed documents contained in this settlement may serve as templates for future agreements between the Tribe and Union or other townships,” she said.
THE MORNING SUN.COM
The agreements between the Saginaw Chippewa Indian Tribe and the state of Michigan, Isabella County and the city of Mt. Pleasant spell out the extent of each government’s jurisdiction over law enforcement, child welfare, tax and revenue issues, business regulation, and zoning and land use.
“This settlement clearly recognizes our reservation boundaries and allows for greater understanding of the jurisdictional power of Tribal government to direct the growth and well-being of our Native people,” said Tribal Chief Vincent Kequom Sr. in a statement released after the settlement was approved.
U.S. District Court Judge Thomas L. Ludington ruled from the bench that the series of agreements settling a suit filed by the Tribe in 2005 could go into effect.
“Those documents are in full force,” said Tribal spokesman Frank Cloutier. He said some detail work must be done on state-Tribal tax agreements, but others now are in effect.
Ludington rejected arguments from Michigan Attorney General Mike Cox that the agreements limit state law enforcement authority, and that members of the public don’t have enough time to comment on the proposed settlements.
Under federal law, the federal government and autonomous Tribal authorities, not states and civil governments, exert jurisdiction over Native American people on land defined as Indian country.
“The Tribe has achieved its goal,” Kequom said, “an order by the federal court that recognizes the Tribe’s reservation boundaries as the five townships and two one-half townships in Isabella County as Indian country.”
The agreements recognize all of the townships of Deerfield, Denver, Isabella, Nottawa and Wise, plus the north halves of Chippewa and Union townships, including part of the city of Mt. Pleasant, as Indian country as defined by federal law. Indian country also includes a small portion of land south of Remus Road in Chippewa Township that is held in trust by the federal government for the benefit of the Tribe.
The agreement also formally recognizes Tribal land in Arenac County as Indian country, although that was never in dispute.
The Tribe filed the suit against Gov. Jennifer Granholm, Cox, state Treasurer Robert J. Kleine and the state of Michigan in 2005 asking for the declaration. The Justice Department later joined the suit on the side of the Tribe, while Isabella County and the city of Mt. Pleasant joined on the state’s side.
Twenty months of closed-door negotiations produced the series of agreements defining what the recognition means. The deals provide for the Tribe to make payments in lieu of taxes on property taken into trust, calls for cross-appointment of civil police officers to enforce Tribal law, and makes Native-owned property in the city of Mt. Pleasant subject to city zoning and land-use regulations.
The Tribe has agreed to craft its own zoning ordinance that would apply to Native-owned land outside the city, initially mirroring the existing civil zoning, as well as adopt business regulations that would apply to Native-owned businesses in Indian country.
According to court documents, only one fully negative comment was received during the brief public comment period. That came from Isabella County Commissioner John Haupt, who cast the only dissenting vote when the Isabella County Board of Commissioners approved the agreements involving the county.
Haupt argued that he expects the agreements to negatively affect the economy, cost local governments tax revenues and disrupt expectations among the Tribe and local governments. Those assertions were disputed by Tribal attorney Sara K. Van Norman, who said the agreements actually will send more money to local governments.
Union Township Supervisor John Barker said that while Union Township supports settling the suit, some circumstances unique to Union Township were not addressed in the settlement.
Van Norman said the township was not a party to the suit; the county and the city of Mt. Pleasant were.
“The unique and detailed documents contained in this settlement may serve as templates for future agreements between the Tribe and Union or other townships,” she s