Minnesota v. Mille Lacs Band of Chippewa Indians

Minnesota v. Mille Lacs Band of Chippewa Indians
Minnesota v. Mille Lacs Band of Chippewa Indians
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued December 2, 1998
Decided March 24, 1999
Full case name State of Minnesota et al. v. Mille Lacs Band of Chippewa Indians et al.
Citations 526 U.S. 172 (more)
526 U.S. 172, 119 S.Ct. 1187, 143 L.Ed.2d 270, 67 USLW 4189, 29 Envtl. L. Rep. 20,557, 99 Cal. Daily Op. Serv. 2104, 1999 Daily Journal D.A.R. 2735, 12 Fla. L. Weekly Fed. S 162
Prior history 861 F. Supp. 784 (D. Minn. 1994), aff'd, 124 F.3d 904 (8th Cir. 1997), cert. granted, 524 U.S. 915 (1998).
Holding
The Chippewa Indians retain usufructuary rights on the lands they ceded to the federal government in 1837.
Court membership
Chief Justice
William Rehnquist
Case opinions
Majority O'Connor, joined by Stevens, Souter, Ginsburg, Breyer
Dissent Rehnquist, joined by Scalia, Kennedy, Thomas
Dissent Thomas

Minnesota v. Mille Lacs Band of Chippewa Indians, 526 U.S. 172 (1999), was a United States Supreme Court decision concerning the usufructuary rights of the Chippewa tribe to certain lands it had ceded to the federal government in 1837. The Court ruled that the Chippewa retained certain hunting, fishing, and gathering rights on the ceded land.

Contents

Background

Under the authority of the Treaty of St. Peters of 1837 (7 Stat. 536), also known as the "White Pine Treaty," the Ojibwa (Chippewa) Nations ceded a vast tract of lands stretching from what now is north-central Wisconsin to east-central Minnesota. Article 5 of the treaty states, "The privilege of hunting, fishing, and gathering the wild rice, upon the lands, the rivers and the lakes included in the territory ceded, is guarantied to the Indians, during the pleasure of the President of the United States."

See also

External links

References

  • Great Lakes Indian Fish & Wildlife Commission (1992). A Guide to Understanding Chippewa Treaty Rights (Minnesota Edition: Rights, Regulation & Resource Management. Odanah: Great Lakes Indian Fish & Wildlife Commission.
  • McClurken, James M. (2000). Fish in the Lakes, Wild Rice and Game in abundance. East Lansing: Michigan State University Press.

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