1863 Treaty with the Red Lake and Pembina Bands
Signed at Old Crossings of Red Lake River, this treaty ceded land but retained a large tract around Red Lake.

1863 Treaty with the Mississippi, Pillager, and Lake Winnibigoshish Bands
Consolidated and expanded three existing reservations into Leech Lake. Indians at Gull Lake and other 1855 reservations were to move to Leech Lake. The Mille Lacs and Sandy Lake bands could stay as long as they remained friendly.

1866 Treaty with the Chippewa-Bois Fort Band
Signed at Washington D.C., this treaty ceded lands to the U.S. and set aside lands for the Bois Fort band.

1867 Treaty with the Mississippi Band
Signed at Washington D.C., this treaty ceded part of the Leech Lake reservation and created the White Earth Reservation.

1889 Nelson Act
Allotment act for Minnesota, intended to negotiate complete relinquishment of all reservations except Red Lake and White Earth, which were to be allotted.

1902 Authorized payment to Mille Lacs Indians
Authorized payment to Mille Lacs Indians for improvements made to land, provided they would move to White Earth or any other reservation.

1924 Indian Citizenship Act
This act of the U.S. Congress granted citizenship to all Native Americans in the country. The Act passed partially because of the many Indian people who had served during World War I. There was no provision in the Act, however, that required Indian people to relinquish tribal membership or identity.

1934 Indian Reorganization Act
The policy of the United States Federal Government supporting tribal self-regulation was confirmed through this Act. It established, nationally, a policy of tribal self-government through a tribal governing body, the tribal council, and the ability of those elected governments to manage the affairs of their respective tribes.

1942 Tulee vs. the State of Washington
The U.S. Supreme Court decided that because a treaty takes precedence over state law, Indians with tribal treaty rights can't be required to buy state licenses to exercise their treaty fishing rights. This was also the first case to rule that state regulation of treaty fisheries can only be for purposes of conservation.

1969 U.S. vs. Oregon (Belloni Decision)
Federal Judge Belloni held that the state is limited in its power to regulate treaty Indian fisheries. The decision indicated the state may only regulate when "reasonable and necessary for conservation," and state conservation regulations must not discriminate against the Indians and must be the least restrictive means.

1971 People of the State of Michigan v. William Jondreau (Jondreau Decision)
Reversed People v. Chosa (1930), 252 Michigan 154, 233 N.W. 205. The Jondreau Decision reaffirmed the right of the Keweenaw Bay Indian Community members to fish in the Keweenaw Bay waters of Lake Superior without regard to Michigan fishing regulations.

1972 Gurnoe vs. Wisconsin (Gurnoe Decision)
The Wisconsin Supreme Court decided in favor of the Bad River and Red Cliff tribes that, based on the 1854 Treaty, fishing in the off reservation waters of Lake Superior was a protected treaty right and that any regulations that the state seeks to enforce against the Chippewa are reasonable and necessary to prevent a substantial depletion of the fish supply. The state and tribes have successfully negotiated agreements for the treaty commercial fishing activity since the time of the decision.

1974 U.S. vs. Washington (Boldt Decision)
This decision from the U.S. District Court upheld the right of tribes in the Northwest to fish and to manage fisheries under early treaties; determines they are entitled to an opportunity to equally share in the harvest of fish in their traditional fishing areas, and finds the State regulations which go beyond conserving the fishery to affect the time, place, manner and volume of the off-reservation treaty fishery are illegal. This decision was upheld by the U.S. Circuit Court of Appeals and the U.S. Supreme Court declined to review District Court rulings.

1975 Indian Self-Determination Act
This Act by the U.S. Congress provided that tribal governments could contract for and administrate federal funds for services previously provided through the bureaucracy. It allowed more individual tribal self-determination in both identifying needs and administrating on-reservation programs. It served to bolster and make more meaningful the policy of tribal self-determination.

1981 United State vs. Michigan (Fox Decision)
The U.S. Federal District Court, Western District of Michigan, affirmed the rights of Bay Mills, Sault Ste. Marie and Grand Traverse Bands of Michigan Chippewa to fish in ceded areas of the Great Lakes in the boundaries of Michigan based on the 1836 Treaty. Judge Fox ruled the rights retained were not abrogated by subsequent treaties or congressional acts. Subsequent proceeding also upheld the tribes' rights to regulate their members.

1983 Lac Courte Oreilles vs. Wisconsin (Voigt Decision)
On January 25, 1983 the U.S. Court of Appeals for the 7th Circuit agreed with the Lake Superior Chippewa that hunting, fishing and gathering rights were reserved and protected in a series of treaties between the Chippewa and the United States government. Later, the United States Supreme Court refused to hear the appeal of the Voigt Decision by the State of Wisconsin, affirming the ruling of the 7th Circuit. The three judge panel of the 7th Circuit did return the case to District Court to "determine the scope of state regulation" and the scope of the rights.
LCO vs. WI (LCO I), 700 F. 2d 341 (7th Cir. 1983).

1987 Doyle Decision
In February, 1987 Judge James Doyle ruled on Phase I of the Voigt litigation regarding the scope of the rights. Doyle found that the Chippewa tribes could: 1) use traditional methods and sell the harvest employing modern methods of sale and distribution; 2) exercise the rights on private lands if proven necessary to provide a modest living and; 3) harvest a quantity sufficient to ensure a modest living. Doyle also concluded that the state may impose restrictions which are proven necessary to conserve a particular resource.
LCO vs. WI (LCO III), 653 F.Supp. 1420 (W.D. Wis. 1987).

1987 Crabb Decision
On August 21, 1987 Judge Crabb issued an order establishing the legal standards "for the permissible bounds of state regulation" of Chippewa off-reservation usufructuary activities. In the order, Crabb decided that "effective tribal self-regulation...precludes concurrent state regulation." Judge Crabb further ruled that the state may regulate "where the regulations are reasonable and necessary to prevent or ameliorate a substantial risk to the public health and safety, and does not discriminate against the Indians."
LCO vs. WI (LCO IV), 668 F.Supp.1233 (W.D. Wis. l987).

1988 Crabb Decision
Judge Crabb determined that the Chippewa's "Modest living needs cannot be met from the present available harvest even if they were physically capable of harvesting, processing, and gathering it." Thus, 100% of the resources in the ceded area were considered available for treaty harvest within limits that require resource conservation.
LCO vs. WI (LCO V), 686 F.Supp. 266 (W.D. Wis. 1988).

1989 Crabb Decision
On March 3, 1989 Judge Crabb issued a decision relating to walleye and muskellunge which incorporated parts of both the state and tribal plan.

The decision required the "Total Allowable Catch" to be replaced by a far more conservative harvest level termed the "Safe Harvest." Previously, walleye were allocated on a lake by lake basis with 7% of the adult population set aside for tribal quotas, 28% for sport harvest, and the remaining 65% for maintenance of fish stocks. However, the new Safe Harvest Level instituted a new safety factor to be added to the 65% for maintenance of fish stocks, thereby reducing the combined harvest for tribal and sport users alike.

The Safe Harvest Level, calculated using statistical techniques considering age/reliability of population data, significantly reduces the harvest level for many lakes. For instance the total safe harvest in some lakes may be only 8% of the population, versus 35% in previous years. Using that Safe Harvest Level figure, the tribes may allocate up to 100% for tribal harvest quota. However, walleye quotas have never been set above 60%.
LCO vs. WI (LCO VI),707 F.Supp. 1034 (W.D. Wis. 1989).

1990 Crabb Decision
On May 9, 1990 Judge Barbara Crabb issued a decision on deer hunting and trapping of small game and fur bearers. Judge Crabb ruled that the tribes may hunt deer the day after Labor Day until December 31, but that they may not hunt at night by use of a flashlight. She also ruled that the tribes may hunt on publicly-owned lands and on privately-owned lands that are enrolled in Wisconsin's Forest Crop Land and Managed Forest Land Tax Programs. At this time, tribes may not hunt on other privately-owned lands even if the owner consents. Similarly, the tribes may not place traps on the beds of flowages and streams which are privately-owned.

As to the apportionment and allocation of deer and other species, Judge Crabb ordered that "all of the harvestable natural resources in the ceded territory are declared to be apportioned equally between the [tribes] and non-Indians." It is unclear if the ruling applies to species other than deer, small game and furbearers. It is equally unclear to what extent, if any, previous rules on allocation of walleye and muskellunge are overturned or otherwise affected.
LCO vs. WI (LCO VII), 740F.Supp. 1400 (W.D. Wis. 1 990).

1991 Crabb Decision
On February 21,1991 Judge Barbara Crabb issued her long-awaited timber decision. She ruled that the Chippewa tribes did not reserve a treaty right to harvest timber commercially. However, the tribes do have a treaty right to gather miscellaneous forest products, such as maple sap, birch bark, and fire wood; subject to non-discriminatory state and county regulations. The timber decision is the final step at the District Court level.
LCO vs. Wl (LCO IX),758 F.Supp.1262 (W.D.Wis. 1991).

1991 Migratory Bird Decision (Feathergate Decision)
On April 11, 1991 Federal Judge Paul Magnuson, MN U.S. District Court, 3rd Division ruled in favor of two Chippewa tribal members facing criminal charges for violating the Federal Migratory Bird Treaty Act. The defendants were involved in the sale of items decorated with migratory bird feathers, an activity reserved in the 1854 Treaty.

Magnuson ruled that "the migratory birds of Northern Minnesota and Wisconsin are not faced with extinction" due to the activities of the defendants. He also ruled that some "regulation and restriction might be permitted under Puyallup, but this prosecution is not."

1991 Decision not to Appeal
Both the six Chippewa Bands in Wisconsin and the State of Wisconsin were allowed the opportunity to appeal rulings in the Federal District Court concerning phases of Voigt. However, the deadline for filing appeals in May 1991 passed with neither party appealing any issue. On May 20, 1991 the Chippewa and State of Wisconsin announced their decision with the following messages:

Chippewa Message
Wisconsin Message

1994 Mille Lacs Decision
The Mille Lacs decision recognized the 1837 treaty rights of the Mille Lacs Band of Minnesota. The decision was filed on August 24, in U.S. District Court in Minnesota. While this decision recognized the rights, issues relating to scope and regulation remain to be litigated

1996 Fond Lac Decision
On March 18, a federal court decision recognized the 1837 and 1854 treaty rights of the Fond Lac Band of Lake Superior Chippewa. Similar to the Mille Lacs Band, issues relating to regulation and scope will be litigated in Phase II of the case. The 1837 rights will be litigated in combination with the Mille Lacs 1837 Treaty case. Issues relating to the 1854 rights will be litigated in a separate trial.

1.) Data presented in this report were complied from three sources:
Indians in Minnesota, by Elizabeth Ebbott, U of MN Press, 1985
American Indians, Time, and the Law, by Charles Wilkinson, Yale U Press, 1987
Guide to Understanding Chippewa Treaty Rights, Great Lakes Indian Fish and Wildlife Commission, 1995

3.) Speech of Indian Commissioner stated: "You will have a permanent home...open your ears to the counsel of your Great Father and you will find him forever your friend and protector" (Speech of Commissioner in Council Meeting Connected with the Negotiation of a Treaty, May 13, 1833)

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