The Bois Forte Band of Chippewa, the Fond du Lac Band of Lake Superior Chippewa, and the Grand Portage Band of Lake Superior Chippewa (the “Bands”), with one unified voice, support the USDA Forest Service’s decision to issue a “No Action Decision” on a proposed project that would impact over 500 acres of culturally significant maple forest. The project proposed by Lutsen Mountain Corporation (“LMC”) would irreversibly impact this unique area that has been historically important to the Bands, and will continue to be important culturally, spiritually, and as a subsistence resource for future generations.

Related: Lutsen Mountains issues statement to USFS No Action Decision on expansion project proposal

The “No Action Decision” is necessary to protect the Bands’ off-Reservation treaty rights guaranteed by the 1854 Treaty of LaPointe. The Decision honors the principles of co-management between the Bands and the Forest Service, upholds the federal government’s trust responsibility to the Bands, and protects critical tribal treaty resources for future generations.

On September 30, 1854, the Bands entered into the Treaty of LaPointe with the United States whereby these Tribal nations ceded to the United States ownership of their lands in northeastern Minnesota. Under the Treaty, the Bands retained their inherent rights to hunt, fish, and gather in the 1854 Ceded Territory. This Ceded Territory encompasses approximately 6.2 million acres, including 2.0 million acres in what is now called the Superior National Forest. The 1854 Treaty is an express recognition of the government-to-government relationship between the Bands and the United States.

Given the Bands’ reserved treaty rights, not only does the Forest Service have a legal obligation to manage Superior National Forest lands for the Bands’ benefit, but the Bands also have a duty and a treaty-backed legal right to protect those natural and cultural resources found within the Superior National Forest for future generations. Since LMC first proposed its special use permit over six years ago, the Bands’ position has not wavered: the proposed permit would destroy those natural resources that Band members have relied on for centuries. The Bands applaud the Forest Service for recognizing that its duty to protect natural resources for present and future generations must come before private interests that threaten those resources.

“For too long, the Bands’ treaty-reserved rights to hunt, fish, and gather within the 1854 Ceded Territory have taken a back seat to private interests,” said Cathy Chavers, Chairwoman of the Bois Forte Band of Chippewa. “We commend the Forest Service for upholding their responsibility to protect our remaining treaty resources. This is the right decision.”

“In the last 169 years since the 1854 Treaty was signed, the Bands have lost their ability to exercise treaty rights in about eighty percent of the treaty area,” said Shane Drift, Bois Forte District I Representative. “At this rate, looking 169 years ahead, Band members will not have any treaty resources to rely on at all. That’s why we are trying to protect what little we have left.”

“The USDA Forest Service’s ‘No Action Decision’ is a victory in the protection of our treaty resources,” said Fond du Lac Chairperson Kevin Dupuis Sr. “Fond du Lac will continue to be stewards of the land and work with our relatives at Bois Forte and Grand Portage to ensure our unified voice is heard. Today, we have done just that.”

“The Grand Portage Band of Lake Superior Chippewa are very happy with the Forest Service decision,” said Grand Portage Chairman Robert Deschampe. “Impacts from the Special Use Permit would have affected our inherent rights to hunt, fish, and gather. The EIS demonstrated that the expansion would further harm maple sugar bush and old growth white cedar forest, cultural sites, and fish habitat. We as tribal leaders have a responsibility to make sure there are resources for our next seven generations.”

Grand Portage Secretary/Treasurer April McCormick added: “The proposed special use permit would result in permanent losses to usufructuary rights and treaty reserved resources critical to our subsistence use. Seven Tribes, including the Minnesota Chippewa Tribe and the Midwest Alliance of Sovereign Tribes, collectively representing thirty-five Tribes, joined together to oppose the permit because of its clear negative impacts to the biodiversity of the forest and watershed. We are proud of the Forest Service acting in its Trust Responsibility to our children and those yet to be born whom will rely on these significant cultural and natural resources.”

The issuance of a No Action Decision on this proposed project gives the Bands hope that the Forest Service is committed to fulfilling its legal duty to protect Treaty resources found within the Superior National Forest.