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Local lawmakers say White Earth Forest bill appears dead for this year

The bill, which would have transferred state land to the tribe, missed a key deadline in the Minnesota Senate and was never assigned to a committee in the House.

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From left are Sen. Rob Kupec of Moorhead and Rep. Jim Joy of Hawley at a town hall meeting in Detroit Lakes on Thursday, June 22, 2023.
Tribune File Photo

— A bill that would turn state lands in the White Earth State Forest over to ownership of the White Earth Nation is essentially dead in the Minnesota Senate this session, “barring some strange happening in a conference committee bill,” State Sen. Rob Kupec said in an interview.

The White Earth Forest bill would have gone through the Environmental, Climate and Legacy Committee, and the environmental omnibus bill from that committee had to be approved by Friday, April 12, Kupec said. So the White Earth Forest bill missed the deadline.

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“Some bills can miraculously revive (themselves),” Kupec added, noting he was not sure of the status of the White Earth State Forest companion bill in the Minnesota House. “On the Senate side, it is done for, but the House could put it back in,” Kupec said.

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White Earth State Forest
Contributed / Minnesota Department of Natural Resources

He added it is not expected to gain ground in the House, because Senate leadership would oppose the addition. He said some senators agreed to support the Environmental omnibus bill only with the caveat that the White Earth Forest bill not be included.

“When the biennium ends (this year), all bills not passed are put in a scrap heap, so to speak,” Kupec said. In order for the White Earth Forest bill to be brought forward for consideration again, a new bill would need to be introduced.

White Earth leadership has said that the current bill has been amended, to include the provision that the White Earth Forest remain open to the public.

They pointed to 2,000 acres of former Potlatch land that is now part of the tribally-managed Little Elbow Lake Park. Per the agreement signed by White Earth, that park is open to everyone, tribal members and non-tribal members alike.

Kupec confirmed that an amendment was added to the White Earth Forest bill stating it would also stay open to the public.

But the amendment did not have language that required it to stay open to the public or it would revert back to the state, like the Potlatch land agreement did.

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People who use the White Earth State Forest or have property within its boundaries are concerned about losing access, because White Earth is a sovereign nation, and opinions on public use could potentially change with tribal leadership, Kupec said.

Although the Senate bill was amended, that amended version is not available online because the bill was tabled in the Senate. If the White Earth Forest bill somehow comes up for discussion again, then the amendment version would be added to the online version of the bill, he said.

Steve Green
Steve Green House District 2B Republican candidate. Submitted Photo

“I would say the bill is stalled for now,” Sen. Steve Green (R-Fosston) said in an email. “It will not be dead until we adjourn for the year on May 23.”

Green is himself an enrolled member of the White Earth Band, and he said that for a variety of reasons, “I think it is a bad idea. The number one reason though, is the conflict it will and is creating. There is already division among neighbors and even family members among local residents. But this is causing issues across the state. There is no real advantage to the tribes. We don’t need this,” Green said.

The White Earth State Forest bill has also failed to gain traction in the Minnesota House this session, said Rep. Jim Joy (R-Hawley).

A similar bill to transfer land to the Red Lake Band of Chippewa is also stuck in the House, Joy said.

“It has not been heard in the House, the Red Lake or the White Earth bill,” he said. “They did not even get scheduled to a committee in the House — they’re pretty much dead in the House,” he said.

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The bills could return next year, but “they would have to be reintroduced as new bills,” Joy said.

White Earth officials have been advocating for the bill, but the pushback has been fierce and it's been an uphill climb. Tribal Chairman Michael Fairbanks did not return phone messages Monday and Tuesday.

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