Federal Recognition of the Pembina Band of Red Bear

General "Identifiable Group" Rule in Federal Claims Law, with a subsequent separate roll and Federal Pembina Chippewa Database established the endurance of Federal Recognition for financial and Treaty rights purposes and extended Federal Recognition to the Chieftaincy of Red Bear to the 5th Generation of Chiefs Red Bear and Joseph Montrieul.

https://www.bia.gov/as-ia/opa/online-press-release/roll-being-established-pembina-chippewa-indian-claims-payment

Federal claims law recognizes that "a group of descendants of a once-organized tribe or band" can be treated as a proper, identifiable claimant group. This principle is central to the Pembina Band's federal recognition, ensuring that the rights and identity of the band are preserved across generations.

Recent Legal Developments:

Following the Pembina Judgment Settlement, a Temporary Restraining Order (TRO) was filed in the District Court of Washington, D.C., by Chief Ma'Lingaan A. Dennis Lambert and Chief Midegah David Taylor, in order to address whether the Turtle Mountain Indian Reservation's 1892 land sale of 10 million acres nullifies or abrogates the Red Bear Pembina Band’s treaty rights. The Pembina Band had not signed the 1892 agreement, rejecting it when first offered because their 1863 treaty rights were within the land sale boundaries and had not been provided.

In August 2023, the District Court ruled that Chief Midegah David Taylor (and father) were listed in the Pembina Roll at the Federal Pembina Database, the ruling order affirmed their 1789 Treaty of Harmar and 1863 Treaty of Old Crossing rights. The court declared that the Turtle Mountain Land Sale did not abrogate their rights, as they had not signed it. While the Turtle Mountain Band abrogates their rights to civil suits over Treaty matters related to land matters, Chief Midegah David Taylor and his family maintain access to civil suit remedies for their rights.

1. Treaty and Congressional Recognition
Federal Statutes and Treaty Commitments

1863 Old Crossing Treaty (Article IX): This treaty promised to "set apart" a 640-acre reservation for Chief Red Bear, highlighting the band's recognized status and land rights.

1971 Act of Congress (H.R. 6072 (report 142-92), Public Law 92-59; 85 Stat. 158): This act directed the preparation of a roll of living descendants from the Pembina Band as it existed in 1863, ensuring fair distribution of judgment funds from Indian Claims Commission dockets. Also establishing whom had the qualified authority to speak for the Red Bear Chieftaincy - extending authority to 5 Generations.

2. Indian Claims Commission and Federal Claims Process

The Indian Claims Commission (ICC) proceedings have recognized the Pembina Band and its descendants as a distinct "identifiable group" for claims purposes. Federal courts have further reviewed representation and distribution disputes, reinforcing this recognition.

3. Judicial Recognition
U.S. Court of Claims and Related Federal Decisions

Red Lake, Pembina & White Earth Bands v. United States, 164 Ct. Cl. 389 (1964): This decision upheld the judgment related to the ICC award, recognizing the Pembina Band's distinct status.

Red Lake & Pembina Bands v. Turtle Mountain Band of Chippewa Indians, 173 Ct. Cl. 928 (1965): The court affirmed the Pembina descendants as an "identifiable group," rejecting attempts by other tribal entities to exclude them from claims participation.

4. Representation Principle
No Single Group Automatically Speaks for All

Turtle Mountain Band of Chippewa Indians v. United States, 490 F.2d 935 (Ct. Cl. 1974): This decision clarified that representation and entitlement in claims are determined by legal records and specific claimant groups, not by the assumption that one tribe represents all related communities.

Commentary:
In August 2023, the District Court of Washington D.C. issued a judgment concerning the Pembina Band's request for a temporary restraining order (TRO) against the Turtle Mountain Band's land sale under the 1892 McCumber Agreement. This agreement was to be settled through the Pembina Judgment Settlement, which combined provisions from the 1863 and 1892 treaties. The TRO was filed by Chief Dennis Lambert (Ogimaa Ma'lingaan) and Chief David Taylor (Ogimaa Midegah Ogichidaa) to seek an official declaration on whether the sale of Turtle Mountain land infringed upon the rights of the Red Bear Pembina Band, whose rights were established in 1863 within the bounds of the 1892 land sale.

The District Court ruled that the land sale did not infringe upon the rights of the Red Bear Pembina families. It affirmed their right to pursue civil action, thereby validating the endurance of their rights. Consequently, the court released funds to the Turtle Mountain Band for the sale of an astonishing 9.5 million acres at the price of 10 cents per acre, a transaction they pursued even in the modern era, thereby giving away their inheritance for pennies.

---Reservation to Red Bear, Chief of the Chippewas---

A reservation was designated for Red Bear, Chief of the Chippewas, under the provisions of the ninth article of the treaty dated October 2, 1863. This matter was addressed in a letter from the Secretary of the Interior, dated March 7, 1872, which was subsequently referred to the Committee on Indian Affairs and ordered to be printed.

---Details of the Reservation---

The reservation was initially intended to be located on the north side of the Pembina River. However, the Commissioner of Indian Affairs recommended an amendment allowing Red Bear to select his reservation on both sides of the river, as indicated by the accompanying plat.

---Challenges Faced by Descendants---

Despite the clear designation of a separate reservation, descendants of Chief Red Bear have been compelled to enroll in the Red Lake and Turtle Mountain Reservations. As a minority within these communities, they have faced significant hardships while awaiting the fulfillment of their distinct treaty rights. This situation underscores the ongoing struggle for recognition and the realization of their unique entitlements.

Furthermore, the separate reservation location, distinct from Red Lake or Turtle Mountain, was ordered and outlined under two treaties—the 1863 Old Crossing and the 1892 McCumber Agreement. These treaties serve as proof that the Pembina Band of Red Bear is separate and distinct in award from Turtle Mountain and Red Lake. This distinction was upheld by the United States Court of Claims and the Indian Claims Commission between 1964 and 1970, further confirmed by a Congressional Resolution in 1971, and reinforced by a separate Pembina Band roll conducted by the Bureau of Indian Affairs in 1971.

---Congressional Action---

The Secretary of the Interior, C. Delano, transmitted the recommendation to Congress, urging favorable consideration of the proposed bill. This bill would authorize Red Bear to make his selection in accordance with the outlined provisions.

---Historical Context---

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

While the Congressional recognition and requirements are not fully implemented by the Executive Branch, these required commitments are not forgotten. The legacy and authority of the Red Bear Chieftainship continue to endure, even as their descendants persevere through adversity.