196 



Those regulatory efforts culminated with the founding in 

 1981 of the inter-tribal entity known as COTFMA, which 

 ensured uniform minimum fishing regulations, while 

 allowing the individual tribes to establish their own, 

 more restrictive regulations if they so chose. 

 Additionally, subsistence fishing remained the exclusive 

 regulatory province of each tribe. These regulations were 

 found to be effective in protecting the fishery resource 

 by the United States District Court in an unreported 

 decision in 1982. 



Since its founding, COTFMA has received funding from the 

 Bureau of Indian Affairs pursuant to contracts issued 

 under the terms of the Indian Self-Determination and 

 Education Assistance Act of 1978, as amended (commonly 

 termed P.L. 93-638). In 1985, the U.S. District Court 

 issued an order under which fishing in the 1836 treaty 

 waters was allocated; under that order, funds for COTFMA 's 

 activities have annually been appropriated by the Congress 

 of the United States, with certain funds additionally 

 provided pursuant to the Court's order for hatchery 

 production, marketing assistance and fishing gear 

 upgrading. These special purpose funds are supplemented 

 by State monies provided under the terms of the Court's 

 1985 decree. All special purpose funds have been placed 

 in a trust account, which COTFMA annually disburses with 

 the consent of the United States and the State of 

 Michigan. For the last several years, COTFMA 's annual 

 Congressional appropriation has been $1.4 million. 



Federal financial support has always been based on the 

 principle of the trust relationship the United States has 

 undertaken in respect to Indian tribes. Commonly cited in 

 discussions about the rights reserved in the 1836 Treaty 

 and the Tribes' efforts to implement and benefit from them 

 is the 1981 statement of the Court of Appeals: 



The protection of those [treaty-guaranteed 

 fishing] rights is the solemn obligation of 

 the federal government, and no principle of 

 federalism requires the federal government to 

 defer to states in connection with the 

 protection of those rights. The 

 responsibility of the federal government to 

 protect Indian treaty rights from encroachment 

 by state and local governments is an ancient 

 and well-established responsibility of the 

 national government. 



United States v. Michigan, supra, 653 F.2d at 278-279. 



COTFMA ' s earmarked appropriation falls under the Bureau of 

 Indian Affairs, with funds administered under P.L. 93-638. 

 Each funding cycle, the member Tribes determine which 



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