APPENDIX 



February 18, 1993 



Additional Material Submitted for the Hearing Record 



TESTIMONY OF FEJUINAND MARTINEAU 



Mr. Chairman, members of the committee, my name is Ferdinand 

 Martlneau and I am submitting this written statement to you as the 

 Executive Director of the 1854 Authority. The Authority is an 

 inter-trlbal organization created by three of the signatories of 

 the Treaty of 1854 between the United States and the Lake Superior 

 Chippewa. The Authority oversees the exercise of rights that were 

 reserved In the 5 million acres that was ceded by the treaty in 

 what is now Northeastern Minnesota. This area includes the western 

 boundary of Lake Superior, Boundary Waters Canoe Area Wilderness 

 in Minnesota, Superior National Forest, and several smaller state 

 forests and parks. The Bands entered Into litigation in 1985 in the 

 case of Grand Portage Band of Lake Superior, et. al v. State of 

 Minnesota et. al . in a dispute arising under Article Eleven of the 

 Treaty of 1854. Article Eleven states that the Chippewa residing 

 in the territory ceded by the Treaty of 1854 " shall have the right 

 to hunt and fish therein... ". As litigation proceeded both sides 

 recognized the long term bitter consequences associated with this 

 type of litigation in other areas around the country and requested 

 a continuance to try to negotiate a settlement. The Bands goal in 

 these negotiations was to reach a settlement that established a 

 relationship with the State and not to alter any rights under the 

 Treaty of 1854. The negotiations resulted in the consummation of 

 an Agreement between the Bands and the State that recognized the 

 Bands rights In the Ceded Territory and required the development 

 of an off-reservation conservation code to manage the harvest of 

 the natural resources. The Bands deemed it necessary to develop an 

 Infrastructure for the administration, biological, enforcement, 

 financial, legal and public relation. The Authority has been in the 

 process of trying to develop the infrastructure but because of 

 budget limitations has had only limited success. 



Funding, or rather the lack of it, has hampered the Authority. As 

 with all new initiative in Indian Country, the Authority has not 

 had the benefit of any pre-existing source of funds and has had to 

 go directly to Congress for an appropriation. Since 1988 the 

 Authority has came to Congress and requested funds to help in the 

 development of it's infrastructure. Each year has been a success 

 and a failure for the Authority. The Authority has had success in 

 being able to secure the funds necessary to maintain the limited 

 services that it's members have come to expect, but the Authority 

 has not been able to secure the amount that was requested. 

 Currently the Authority receives approximately S300,000 per year. 

 The current request that will be presented to Congress later this 

 session is for approximately 32,000,000. The Authority currently 

 employs 5 conservation officers that have the responsibility of 

 patrolling the Ceded Territory (5,000,000 acres). The State 

 currently employs 45 C.O's. to patrol the same area. The 

 Authority's officers currently work as needed, which means that the 

 coverage is sporadic and that the officers are not able to maintain 

 a consistent or continuous schedule. In order to help alleviate 

 this situation the Authority worked out a cross-deputization 

 agreement with the State. All the conservation officers in the 

 Ceded Territory now are empowered to enforce each others code. This 

 agreement has not worked to the Authority's advantage as it has 



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