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Dispute Over Treaty Rights to Tap Maple Trees in Buena Vista State Forest Near Bemidji

Justin Othoudt — Apr. 3 2023
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On March 20th, a group of individuals stepped into an area surrounding the Buena Vista State Forest and began to tap maple trees, which they claimed was their cultural right as members of the Leech Lake Band of Ojibwe.

“The DNR asked me for my permit to tap these trees and I had to show my tribal identification card to explain that I have these treaty rights,” said Leech Lake Band member Nancy Beaulieu.

According to those on scene, the location where the tapping occurred was on ceded territory as indicated by the 1855 Treaty. However, the DNR says that this understanding of rights under the treaty differs from the DNR’s long-term interpretation.

“Being out here in the sugarbush is on ceded territory, meaning that we surrendered title, but we never surrendered our inherit right to hunt, fish, gather, or occupy,” said Beaulieu.

As is standard procedure, a conservation officer began to remove tapping equipment before returning it when conferring with regional leadership.

The group noted that these activities are important for their cultural practices and to ensure that tradition is passed along to future generations.

“As things within these treaty territories keep getting developed and logged off, or buildings put in, it’s gonna be lost if we don’t start reconnecting with each other, reconnecting with the land, building our relationships,” said Kaitlyn Grenier, co-director of Manidoo Ogitigaan, a Native-led organization that aims to protect the Ojibwe language and way of life.

In a response to this incident, the DNR put out a statement that says they deeply respect “the rights and protections of tribal members under the treaties that govern reservation lands and ceded territories.” They also said they were evaluating “the individual’s claims regarding her ability to tap maple trees off-reservation within the 1855 Treaty area without a state permit.”

Those tapping the maple trees around the area said this event was not a protest. However, in recent years protests regarding the 1855 Treaty have occurred around the Buena Vista State Forest Area.

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By — Justin Othoudt

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