Board explains decision
to pursue reservation issue
Posted 6/18/03

Editorıs Note: Following is a press release from the Mille Lacs County Board of Commissioners.

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With reference to the recent decision of the Board of County Commissioners to appeal the judge's dismissal of the reservation boundary lawsuit to the Eighth Circuit Court of Appeals, the chairman of the county commission, Robert Hoefert, states that even before the recent story and ad in the Princeton paper, there has been a perception county-wide that the press is biased in favor of tribal causes.

In this case, the countyıs position that the 1855 Mille Lacs Reservation no longer exists is supported by a 1913 decision of the United States Supreme Court. On the other hand, no court decision states the Band's position that the reservation continues to exist.

In recent years, the Band has insisted on resurrecting the 1855 reservation, encompassing nearly 61,000 acres, a majority of which is owned and populated by non-Indians.

The county filed this suit seeking a judicial resolution of this reservation issue. The Band raised defenses to prevent the court from even deciding this issue: this caused the cost of the lawsuit to further escalate.

At the same time, the Band ceased its activities that were premised upon the existence of the claimed reservation so that the federal court could not focus on a specific issue that would prompt resolution of the issue of whether the reservation continued to exist.

The county filed all papers necessary for the court to decide the reservation issue either by summary judgment (without a trial) or with a trial that would have taken approximately three additional weeks to complete. The judge assigned to this case exercised his discretion and chose not to decide this case on the merits at this time. He said the Band had not exhibited a continuing reliance on the 1855 reservation boundaries. At the same time, the judge made clear that any subsequent activity by the Band tied to 1855 reservation boundaries would trigger sufficient federal jurisdiction for the court to decide the issue at that time in any case filed in federal district court.

In the meantime, the county decided to appeal the judge's decision to protect the work that has taken place to date. The county also believes it was an abuse of discretion for the judge to refuse to decide the case on the merits. The position of the county continues to be supported by the First National Bank of Milaca. As a result, the bank is also appealing the judge's decision. If the court of appeals reverses the district court, the case could then be decided by the same district court in a matter of weeks without significant additional expenditures.

Moreover, even a decision from the court of appeals that affirms the district court would still provide the county with sufficient precedent to refile this suit in the event the sand subsequently relies on the 1855 reservation boundaries or exercises jurisdiction over non-members.

The commissioners understand the long-term ramifications of this issue for Mille Lacs County. The county attorney strongly supports the decisions to date. And it is important to stress that, for the most part, nearly all of the commissionersı decisions have been bipartisan and unanimous, with support of the majority of residents of Mille Lacs County.

For anyone to simply focus on expenditures, without considering the ramifications and other developments to date, is extremely unfair to the elected officials and misleading to other residents that have supported this effort in good faith. For the news media to intentionally avoid a discussion of the legitimate issues is also a disservice to everyone in this county. Many individuals have expended considerable time and effort in seeking information regarding reservation status from across the country. All of the residents of this county would be better served if the news media did the same.

At the end of the day, the county had to decide whether to make this expenditure now in resistance to the reservation being re-established, or whether to expend substantially more at a later date with diminishing chances of success in court.

Alternatively, the county could have done nothing and burdened generations to come with this Indian reservation resurrected in this county.