The Red Bear Pembina treaty rights are upheld and represented by Ogimaa Songab Midegah Ogichidaa, a hereditary chief descending from the original treaty signatory lineage, a recognized Senior Clan Chief (Caribou - Adik), Lodge Chief within the Traditional governance structure, and a traditional Firekeeper of the Anishinaabe.

This authority arises through hereditary succession, recognized lineage within the Pembina Band, and continuing traditional governance, maintaining the continuity of the original treaty relationship with the United States.

Federal law recognizes that treaty rights may persist through identifiable descendant groups of the original signatories.

The Red Bear Pembina treaty rights descend through specific families historically associated with the Pembina Band, including those connected to the Red Lake and Turtle Mountain communities and related band groupings.

These families constitute a continuous and identifiable lineage tied to the original treaty signatories, forming a legally cognizable group under federal claims law and preserving the continuity of treaty rights through descendants.

Federal recognition is an administrative process handled by the Executive Branch of the federal government.

The federal government has three branches—Congress (Legislative), the Courts (Judicial), and Executive agencies—and each has a different role under the law.

Treaty rights do not come from the recognition process.
They come from binding treaties with the United States and can only be taken away by Congress.

The Red Bear Pembina treaty rights come from those treaties in 1789 and 1863 and have never been terminated by Congress.

Only Congress can terminate treaty rights. In the 1950s, Congress passed laws that explicitly terminated certain tribes and their rights. No such law was ever passed for the Red Bear Pembina.

The Red Bear Pembina treaty rights are held through a specific lineage descending from the original treaty signatories of the Pembina Band of Chippewa Indians, including Chief Miscomaqua (Red Bear) and Sub-Chief Joseph "Savage" Montrieul.

This authority is based on direct succession tied to the original treaty relationships and not on modern administrative recognition. Federal claims proceedings have recognized that rights may be held by identifiable descendant groups of a once-organized band, maintaining continuity through lineage.

The Red Bear leadership represents that continuing authority and is responsible for asserting and protecting those treaty rights, claims, and obligations under federal law as they persist from the 1863 Treaty of Old Crossing and related actions.

We are direct lineal descendants of the Pembina Band of Chippewa Indians, including the Red Bear lineage, whose rights originate in treaties entered into with the United States in 1789 and 1863.

These rights descend through identifiable families tied to the original signatories and have been recognized in federal proceedings addressing Pembina claims and settlement distributions.

They continue as inherited rights under federal law.

Our role is to preserve, assert, and clarify those treaty rights as they remain in force, ensuring that they are upheld according to the terms of the treaties and the governing principles of federal law.

Quick Case Law:
Thompson v. United States, 122 Ct. Cl. 348 (1952);
Peoria Tribe of Indians v. United States, 169 Ct. Cl. 1009 (1965);
Red Lake & Pembina Bands v. Turtle Mountain Band of Chippewa Indians, 173 Ct. Cl. 928 (1965)

Under federal law, treaty rights are reserved rights, meaning they were not granted to tribes by the United States but retained by them when treaties were made.

This principle reflects that Indigenous nations possessed rights prior to treaty agreements, and only those rights specifically ceded were transferred. Courts consistently interpret treaties under this standard, preserving all rights not clearly surrendered.

Accordingly, any rights not expressly relinquished remain with the original signatories and their descendants, including the Red Bear Pembina lineage, under federal law.

Quick Case Law
Menominee Tribe v. United States (1968);
United States v. Dion (1986);
Minnesota v. Mille Lacs Band of Chippewa Indians (1999)

The Red Bear Pembina treaty rights originate in binding agreements with the United States, including the 1789 Treaty of Fort Harmar and the 1863 Treaty of Old Crossing.

These treaties remain part of the supreme law of the United States.

Federal courts and Congress have addressed Pembina claims, confirming that rights may persist through identifiable descendant groups and are limited to specific lineages.

No court or Act of Congress has ever terminated the Red Bear Pembina treaty rights.

Under United States law, treaty rights can only be extinguished by a clear act of Congress.

While Congress has terminated certain tribes in the past, no such law was ever enacted for the Red Bear Pembina.

The Red Bear Pembina lineage did not sign or consent to the 1892 McCumber Agreement.

Because treaty rights cannot be extinguished without consent or an act of Congress, those rights were not ceded and remain in force.

The Red Bear Pembina treaty rights are held and maintained through the hereditary leadership descending from the original treaty signatories, including the Red Bear lineage.

These rights remain in force under federal law and continue through identifiable descendants, whose authority derives from the original treaty relationship with the United States.