There is an imaginary boundary on Upper Red Lake. On one side of this boundary you can fish and enjoy yourself. However if you are unaware or accidentally cross over the unmarked "line", you can find yourself up to your neck in something called "Indian Law". As Red Lake Tribal Conservation Officer's make contact, you will find that your boat and equipment you were just enjoying a few minutes earlier is being seized.
Below are documents citing court cases that we believe will show that Minnesota does in fact own all the submerged land and waters of both Upper and Lower Red Lake. It will show that the Red Lake Band has no authority to control any aspect of fishing or boating on any portion of Red Lake.
There are also newspaper articles and other information on this interesting and very serious subject. There will be more documents added as we progress. Please read the decisions carefully as some parts may seem confusing.
The documents are in the PDF format for which you need Acrobat Reader and can get a free download by clicking here.
1863 Treaty with the Red Lake Band The first treaty with the Red Lake Band, notice there was no wording about exclusive or any special fishing or water rights.
1864 Treaty with the Red Lake Band The second treaty with the Red Lake Band, notice there was no wording about exclusive or any special fishing or water rights.
1926 Supreme Court Decision U.S. v Holt State Bank The Supreme Court decision that the Justices state that all of Red Lake is to be free for all to use.
1931 Minnesota Attorney General's Opinion An opinion about hunting and fishing rights where an Assistant Attorney General creates an opinion that the non-indians must comply by federal fishing rules within the boundaries of the Red Lake Reservation. He gives no hint of where he came up with that conclusion and contradicts the Holt decision. Attorney General's opinion's are not law and is only their interpretation of the question presented to them.
1936 Department of Interior Solicitor's Opinion An opinion by the Assistant Solicitor for the Department of the Interior. He states that the State of Minnesota owns the beds of the Lake but in the second part states he feels that the Band has exclusive rights to the fishing. There is nothing in the cases he cites that give the Red Lake Band any exclusive rights. Like the Attorney General's Opinion the Solicitor's opinion is not law and is only their interpretation of the question presented to them.
1981 Supreme Court Decision U.S. v Montana Supreme Court decision stating that the Holt decision is the ruling decision for the ownership of navigable waters.
Amicus Brief from the Minnesota Attorney General Warren Spannaus for the 1981 Montana Decision The amicus (friend of the court) brief by the Minnesota Attorney General writing for the Montana case. He states that there is no inherent rights for the tribes to regulate fishing and hunting on non-indian lands which according to the Holt decision the Lake is owned by the state, hence is non-indian lands.
Federal Trespassing Rule for Indian Lands
Federal Fishing and Hunting Rule on Indian Lands
1979 U.S. v State of Minnesota, Red Lake Band asks for a declaratory judgment for fishing and hunting right on ceded territory. As stated in the Holt decision the Band never asked for any special hunting or fishing rights during any of the negotiations for the treaties or acts of Congress.
1929 State Law regulating the fishing on both upper and lower Red Lake.
1890 and 1902 Minutes and other related material stating that the whole lake was to be free to use in common by all. The minutes were for the Acts of 1889 and 1904.
1993 Minnesota Attorney General Opinion regarding tribal powers of arrest and seizure of non-indians.
There are several decisions cited within the above documents. You can find most of them at Findlaw.
Other interesting articles:
Spaulding Letter - Letter from Greg Spaulding to Chairman Jordain requesting any case law or documents that he may have over looked to prove that the Red Lake Band has any rights to the Lake.
Jordain's Response - Chairman Jordain's response to the Spaulding Letter. Sent to the DNR Commissioner, not Spauding.
Boat is Seized - There was a boat seized from close to the "line", here is the story from the Bagley, MN newspaper.
Mueller's Day in Tribal Court, October 12, 2006, Newspaper Article on the boat that was seized.
Fishing Minnesota Forum - There is an interesting forum that has over 90 pages of comments on this subject. The link is to page 1 of the thread.
A Research Paper from the Research Department of the House of Representatives, large file 118 pages but has a lot of information on jurisdiction, education and regulations.
Click for page 2 ---->>>Here is a bunch of other information regarding Red Lake and the Red Lake Reservation.