LdF road issue at apparent standstill

As an apparent result of the ongoing issue in Lac du Flambeau regarding the expiration of easements on tribal land tied to four town roads, the Lac du Flambeau Band of Lake Superior Chippewa Indians on Aug. 22 approved via referendum a tribal road access permitting ordinance. 

“In the mid-1900s, The United States issued right-of-way easements over numerous Tribal Roads,” a draft of article one of the six page ordinance reads. “Many of the right-of-way easements were issued to the Town of Lac du Flambeau or deeded to the Town of Lac du Flambeau by the original recipients.”

The draft ordinance states the tribe “sustained significant economic loss” over time because of what it describes in the ordinance as “the public’s continued use” of tribal roads.

“Further, the Tribe was forced to engage in complicated negotiations and litigation to resolve disputes over access to the pertinent Tribal Roads without valid right-of-way easements and the Tribe’s sovereign and economic interests over the Tribal Roads.”

The stated purpose of the ordinance, according to article one, is to provide access to the tribal roads “under terms and conditions that are fair and reasonable” and to establish “clear limitations” on tribal road access.

A total of 61 tribal members voted in the Aug. 22 referendum.

 Forty-seven voters were in favor of the ordinance, the draft of which contains no information regarding what permit fees will be. 

The town of Lac du Flambeau wasn’t provided with a copy of the ordinance after its approval; at the town board’s Aug. 28 meeting, town supervisor Bob Hanson made a motion, which was approved, to ask the tribal council for a copy of the finalized ordinance that would include the permit fee amount. 

As of the morning of Thursday, Aug. 31, a little more than a week after the referendum was held and nearly three days after the town board meeting, town chairman Matt Gaulke told The Lakeland Times he was still waiting for a copy.

“I still haven’t been able to get a final copy of it,” he said. “The only ones I have, say ‘Draft’ on ‘em and they don’t have a dollar amount on there,” he explained, adding that he’s heard rumors about what the tribal council has discussed as far as a dollar amount but he wasn’t at liberty to divulge the information. 

“Bob is supposed to find out but we haven’t heard anything yet,” he said. 

Regarding meetings, or negotiating sessions, between the tribe and the town board regarding a long-term solution to the easement situation that prompted the current monthly payment by the town to the tribe for easements on Annie Sunn Lane, Center Sugarbush Lane, East Ross Allen Lake Lane and Elsie Lake Lane, Gaulke said there hasn’t been a meeting between the two governing bodies in well over a month. 

The current agreement began with the town paying $60,000 in March to open the roads after the tribal council had them barricaded on Jan. 31. Along with the $60,000 paid to the tribe by the town was a 90-day period for negotiations. 

The town board and tribal council met for the first time on the road issue in March and at least twice more after that. Since then, however, additional sessions have, for the most part, have not been held.

There were no negotiating sessions during the entire month of August. 

In the meantime, an agreement was reached after the 90-day period expired that has the town paying $20,000 a month with no guarantee the tribe won’t barricade the four roads again. The first $20,000 payment was made and then the tribe switched things up by wanting $2,000 a month more each month on an escalating scale. 

For the time-frame between Aug. 12 and Sep. 12, the amount the town paid was $26,000 and Gaulke said it will be $28,000 for Sep. 12 to Oct. 12 and so on until some sort of resolution is reached. 

He told the Times he hasn’t had much luck in getting additional negotiating sessions with the tribe scheduled. 

“I’ve sent two or three letters since our last meeting, you know, looking for a meeting with them,” Gaulke said. “There’s been no response.”

Brian Jopek may be reached at [email protected].