Up North Progressive

An injunction to temporarily stop the sale of over 11,000 acres of state forest land in Michigan’s Upper Peninsula to a foreign mining company was denied on April 16th. Several Native American tribes of the Chippewa Ottawa Resource Authority, or CORA, filed the injunction in Grand Rapids immediately after Directer Keith Creagh made his decision to allow the sale of the land to go forward.

The injunction emphasized that the land deal violated the 1836 Treaty of Washington Ceded Land, a treaty that includes 37% of Michigan’s current land area. While the land came under the jurisdiction of the state, the treaty also stipulated that the Native American tribes would still have use of the land for hunting, fishing, gathering, and other activities tribal people used the land for to provide a living. Since most of this land is publicly owned forest, it has always been understood that the way the tribes interpreted the treaty in 1836 would remain the same for the future. The Consent Decree of 2007 is very thorough in describing access Native Americans living in the area are allowed to have. It not only includes fishing and hunting access, but also the ability to tap maple trees, gather vegetation, and even set up temporary buildings.

During the public comment period before Director Creagh made his decision, 90% of the comments submitted to the DNR were against the land deal. It appears the will of the public was not considered when the DNR ruled in favor of allowing the sale of the land to Graymont in March. Graymont has not offered much detail in how exactly the sale of the land will benefit the Upper Peninsula. No firm number on how many jobs the mine will create, but the largest number quoted is 45-50 at the most.

Despite the temporary injunction being denied, the case will be heard before a judge in court on Wednesday, April 29, 2015, at 3:00p.m., 174 Federal Building, 410 W. Michigan Ave., Kalamazoo, MI 49007. The plaintiffs argue that the sale will potentially prohibit them from using the land according to the 1836 treaty, and 2007 Consent Decree. Not only is this unconstitutional, but violates the treaty of 1836. Whatever recourse the tribal people have if the state of Michigan insists on breaking the treaty remains to be seen.