Mille Lacs Band of Chippewa Indians v. Minnesota

LAY, Circuit Judge.

I. BACKGROUND

A. Introduction

One hundred sixty years ago, near Fort Snelling, Minnesota, representatives of the United States and representatives of twelve bands of the Chippewa Nation negotiated a treaty which ceded Indian 1 title to certain lands in the Upper Midwest. Historical documents demonstrate that the government was interested in purchasing the land for purposes of harvesting its pine timber. See 1837 Treaty Journal 131; Letter from Commissioner of Indian Affairs Carey A Harris to Henry Dodge, Wisconsin Territorial Governor, and General W.R. Smith (May 13, 1837).…