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The 1863 Pembina Old Crossing Treaty

Historical Context and Significance

The 1863 Pembina Old Crossing Treaty extended the failed 1851 Pembina Treaty. The US aimed to acquire 11 million acres in Northern Minnesota, owned by the Little Shell Chippewa, Red Bear Pembina Chippewa, and Red Lake Chippewa.

Red Bear was assured a reservation, which has yet to be granted. This treaty is crucial for understanding historical land rights and promises to the Chippewa tribes.

Review the negotiations and the final treaty with the 1864 addendum for full understanding. The discussions highlight the complexities during the negotiations.

The 1864 addendum clarifies aspects not fully addressed initially. Examining both documents is essential to grasp the commitments and expectations.

Understanding these treaties sheds light on persistent land rights issues and promises to the Chippewa tribes. Efforts to secure Red Bear's promised reservation reflect the broader struggle for justice faced by indigenous communities.

The 1863 Pembina Old Crossing Treaty and its 1864 addendum are pivotal in US-Native American relations, reminding us of the need for continued advocacy to honor commitments to the Chippewa tribes.

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Tribal Governance

Statement of Qualified Authority and Heritage

The Red Bear Band of the Pembina Chippewa Tribe holds qualified authority under the 1971 Act of Congress Bill H.R. 6072, Report No. 142-92, as signatory heirs. The Pembina Descendants Committee has identified the Red Bear Chieftain Bloodline families as follows:

At Red Lake Reservation: Rosebear, Cobenais, Waybenais, Kingbird, Cloud, Wind, Desjarlais

At Turtle Mountain Reservation: Montrieul, Caribou, Grandbois, Bushie, Nadeau, Frederick, Brunelle, Decoteau, Bottineau, Desjarlais, Grant

Current leadership of the Red Bear Band are the merged lines of the Montrieul, Caribou, Brunelle, Decoteau, Bottineau, Desjarlais, and Grant families, forming the principal line of the Red Bear family and Doodem Adik.

The Hereditary Council is composed of descendants of the Meeks, Brunelle, Lambert, Barker and Taylor families, the principal line of the Pembina band.

The Tribal Governance operates through a Hereditary Council that oversees executive, legislative, and judicial related matters. This council ensures the continuation of traditional governance and decision-making processes.

The council members are chosen based on their lineage and adherence to the customs and traditions of the Red Bear Band. They are responsible for maintaining the cultural heritage and ensuring the rights of the tribe are upheld.

Federal Recognition

recognized by the U.S. Congress, U.S. Supreme Court, ICC and CFC

Federal recognition of the Pembina Band of Red Bear comes from various branches of the U.S. Government:

Congressional Recognition:

1863 Old Crossing Treaty (Article 9): A reservation for Chief Red Bear.
1892 McCumber Agreement (Article 8): A reservation for Chief Red Bear, separate from the Turtle Mountain Chippewa.
1971 Act of Congress Bill H.R. 6072 Report No. 142-92: Identified the Authorized Red Bear Chieftain families.

Judicial Recognition:

1964/65 United States Court of Claims: [Red Lake v. United States, 164 Ct. Cl. 389] and Red Lake and Pembina Bands v. Turtle Mountain Band of Chippewa Indians, 173 Ct. Cl. 928.

Supreme Court Ruling:

Turtle Mountain Band of Chippewa Indians v. United States, 490 F.2d 935, 953-54, 203 Ct.Cl. 426, 456-59 (1974): The Turtle Mountain Chippewa do not represent other groups.

General Declaration:

The United States Congress, Supreme Court, Indian Claims Commission, and the United States Court of Claims have declared the Pembina Band, Little Shell Band, Red Lake Band, and Turtle Mountain Band as separate and recognized entities in relation to Congressional Treaty Rights, stating: "A group of descendants of a once-organized tribe or band is a proper identifiable group." Peoria Tribe of Indians v. United States, 169 Ct. Cl. 1009 (1965) Thompson v. United States, 122 Ct. Cl. 348, 357-58, 359-61 (1952), cert. den., 344 U.S. 856

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Tribal Enrollment

Provisions for Citizenship - Lineal Descent

Membership is open to descendants of Chief Red Bear, Chief Charles Bottineau, Chief Joseph Montrieul, Female Chiefs Machequayaince Adik Songab, Techomegood Adik Songab, Utinawasis Adik Songab, or their respective bands, as lineal descendants of the Pembina Chippewa Indians per the 1863 Pembina Treaty annuity rolls.

The Red Bear Pembina Chippewa Indians adhere to lineal citizenship principles based on their traditional customs and beliefs. This practice is in accordance with United Nations Resolution A61-295, The Declaration on the Rights of Indigenous Peoples.

Per United Nations Resolution A61/295 (enacted on September 13, 2007, and ratified by U.S. President Barack Obama on December 16, 2010), member states are obligated to protect the identity and cultural integrity of indigenous peoples, ensuring:

The right to maintain and strengthen cultural institutions (Article 5)
The right to belong to an indigenous community or nation (Article 9)
The right to practice, revitalize, and transmit cultural traditions (Article 11)
The right to control education systems in their own languages (Articles 14 and 15)
The right to promote, develop, and maintain institutional structures, customs, spirituality, traditions, and juridical systems (Article 34)
The right to maintain, control, and develop cultural heritage and traditional knowledge (Article 31)
The right not to be subjected to forced assimilation or destruction of culture (Article 8 (1))

This comprehensive protection is vital to the preservation and continuation of indigenous cultures and identities.

Honoring the Legacy of Ogimaa Ma'lingaan (1943-2024)

remembering the legacy of Albert Dennis Lambert

We remember the legacy of Chief Albert Dennis Lambert 1943-2024.

Vietnam Veteran of the United States Marine Corps and recipient of the Purple Heart.
Member of the Turtle Mountain Band of Chippewa Indians.

A graduate of Chaminade University of Hawaii, Chief Ma'Lingaan is recognized as one of the most successful American Indian Entrepreneurs in the Energy and Oil industries. His professional and personal motivation has always been to work for the betterment of all Indigenous people. Considered a National and International Leader in Indigenous Economic and Business Development.

Once a selectee for consideration as Under Secretary of the Department of the Interior and quickly dismissed when in interview stated his primary effort would be to dismantle the Bureau of Indian Affairs. As a Treaty Chief he remained an advocate for Indigenous Sovereignty and restoring traditional governance ties within tribal communities, while encouraging and teaching the next generation within his own family to move into greater leadership responsibilities.

Chief Lambert retired in 2024 as Group Chairman of the International Reserve Depository Institute, Inc.

Senior Tribal Officers of the Red Bear Pembina Chippewa Indians

Chairman and Chief

Ogimaa Midegah Ogichidaa David Taylor-Barker

Chief Executive of the Tribe presiding over the Tribe's General Council.

Chief Midegah is a Headman in the Adik Doodem, Caribou Clan, by Appointment of Matrilineal Clan Mother Patricia Brunelle-Barker-Lafountain.

Chief Midegah succeeds by prior appointment his Great Uncle. Ogimaa Ma'Lingaan Albert Dennis Lambert as Senior Treaty and Band Chief.

A graduate of The American Military University and the University of Utah, Chief Midegah possesses a Masters Degree in Organizational Leadership (Magna Cum Laude).

Chief Midegah is a 14 year Veteran of the United States Marine Corps, an Afghanistan Combat Veteran, and recipient of Afghanistan Campaign Medal with 1 Star, Navy and Marine Corps Commendation Medal, Navy and Marine Corps Achievement Medal (2nd Award), Navy and Marine Corps Outstanding Volunteer Service Medal, Navy Unit Commendation Medal, Marine Corps Good Conduct Medal (3rd Award), Global War on Terrorism Service Medal, Military Outstanding Volunteer Service Medal, Sea Service Deployment Ribbon, and NATO Medal ISAF Afghanistan.

Chief Grandmother

Gichi-Nokomis Miscozikwe Sherry Cardinal LCSW, DAAETS

Chief Judge of the Tribe presiding over the Tribe's Judicial Body, the Matriarchs Council.

For over 40 years, Miscozikwe, a licensed clinical social worker, specializes in trauma treatment, particularly for military, law enforcement, and indigenous communities. Recognized by the American Academy of Experts in Traumatic Stress as a Diplomate, she’s distinguished for her service in these fields.

As a direct lineal descendant of Urbain Bouvier and John Baptiste Bouvier, her heritage is linked to families of 1863 Treaty signer Chief Joseph Montriel, Little Shell III, Metis Chiefs Jean Baptiste Charette, and Joseph Pelletier, among others.

Since her early teens, she's been active in Indigenous activism, mentored by Sachem Elton Greene and Wallace ‘Mad Bear’ Anderson during the Niagara Power Project and Jay Treaty struggles of the 1960s. In the late 1970s and early 1980s, she served as the principal social worker for the Six Nations Reserve in Brantford, Ontario, Canada.