Evers, Baldwin urge mediation on road issue, LdF tribe balks

The president of the Lac du Flambeau Band of Lake Superior Chippewa Indians has sent a response to a letter to Gov. Tony Evers and U.S. Senator Tammy Baldwin regarding the ongoing road dispute between the tribe and the town of Lac du Flambeau.

Easements on portions of four roads that cross tribal land — Annie Sunn Lane, Center Sugarbush Lane, East Ross Allen Lake Lane and Elsie Lake Lane — expired more than a decade ago and the tribal council had road crews install barricades at the road entrances on Jan. 31, 2023. 

The barricades stayed in place for a time until the town and tribal council reached an agreement to open the roads. 

Since then, the town and title insurance companies have paid hundreds of thousands of dollars on a monthly basis to keep the roads open, the tribe passed a new road ordinance in August and several lawsuits have been filed.

Evers and Baldwin, in their Feb. 29 letter to Johnson, Lac du Flambeau town chairman Matt Gaulke, town attorney Greg Harrold, tribal attorney Andrew Adams and attorneys for the title insurance companies and a representative with the Bureau of Indian Affairs, once again called for mediation, an option they first suggested in May 2023.

“Over the last year, our offices have communicated with all parties involved, and we will continue to do so,” the letter states. “However, we grow increasingly concerned about the apparent lack of communication between the parties themselves. We continue to believe that the best path forward will come through mediation, which we have encouraged for more than a year. We write again to express our concerns about the lack of progress made toward a long-term resolution of the dispute involving easements and road access issues in the Lac du Flambeau community.”

Evers and Baldwin acknowledged what’s been done to keep the roads open for property owners, a reference to the monthly payments made to the tribe by the town. 

They also wrote they didn’t feel those short-term efforts to keep the roads open will suffice.

“We recognize that these measures will not last indefinitely,” they wrote.

“While the temporary measures  have ensured continued access to the roads where right-of-ways have long expired, a long-term solution is both critical and overdue,” the letter reads. “More than a year has passed since the barricades were installed, and over a decade since the expirations of the right-of-ways. We urge all parties to make a good faith effort to resolve outstanding issues through mediation.”

Last spring, Evers’s office sent the tribal council a list of potential mediators.

“As before, we have no preference for any individual on or off that list, but we hope it can serve as a resource for the parties to ultimately agree on how to proceed to mediation that considers the interests and preferences of all involved,” Evers and Baldwin wrote. 

“We continue to standby to provide anything needed by the parties to move to mediation, including additional suggestions for mediators or requesting additional assistance from federal agencies, including the Department of Interior,” Evers and Baldwin continued. “However, the parties themselves must be willing to move forward towards a long-term solution. We urge you to do so immediately for the safety, security and well-being of the community.”

Johnson’s response

Johnson responded to Evers and Baldwin in a letter dated March `19. 

“I write to express our deep disappointment and frustration with the ongoing communications we have received from two of our State’s most powerful elected officials: Governor Tony Evers and Senator Tammy Baldwin,” he wrote. “We must question the premise of mediation: what grounds exist for it when it seems the Town of Lac du Flambeau, certain title companies, and a portion of the private landowners have shown a lack of respect for our Tribe’s rights and lands?”

Had there been “genuine respect, this issue would have been amicably resolved over a decade ago, instead of devolving into a politically charged and slanderous dispute over supposed exclusive rights to our Treaty promised land,” he added.

Johnson said the tribe has, for over a decade, “endeavored to negotiate in good faith” with the aim of reaching a “mutually beneficial” agreement that would allow for the use of tribal lands “provided there was a collaborative effort to share the resources for the betterment of community members.”

“This effort, despite being well-documented, was met with disdain by both the Town Board and some of the individuals who own fee lands on our Reservation,” Johnson wrote. “It’s perplexing how a resolution can be sought when there’s a prevailing attitude that treats the tribe an inconvenience on its own land.”

He wrote it was “unjust” that any settlement that might be reached “seems to require” greater concessions from the tribe, “risking our land and sovereignty to be deemed ‘fair.’”

“Our ancestors secured treaties with the United States government, not just for their own benefit but for future generations they would never meet — the Seventh Generation, which includes us today,” Johnson wrote. “The 1837, 1842, and 1854 Treaties were meant to guarantee our Tribe a permanent homeland in northern Wisconsin, a promise we are committed to preserving.”

Johnson essentially said it’s up to the town of Lac du Flambeau, noting that “the path forward” is within the town’s “purview,” going so far as to blame the town.

“Our terms have been clear: the town’s responsibility extends beyond trespassing to include extensive administrative and legal burdens placed upon the Tribe,” Johnson wrote. “The Town (a political subdivision of the State of Wisconsin) is historically to blame for this situation, not the Tribe. The continued delay to exacerbate tensions, fuels racial attacks against our Tribe Members and undermines any semblance of community harmony.”

He closed by acknowledging both Evers and Baldwin have “previously expressed support” for the tribe and its right “to self-governance and sovereign territorial jurisdiction.”

“In light of this, we urge you to directly confront the root causes of this historical trauma against tribal communities and hold accountable those responsible for perpetuating this turmoil against the Tribe.”

Acting impartially, Johnson wrote, “only prolongs the suffering affected and sidesteps the underlying issues at hand.”

Reached for comment on March 28, Harrold said he wasn’t able to comment on the matter “at this time.”

Wisconsin state representative Rob Swearingen, on the list of recipients who received Johnson’s response, said there was “absolutely nothing” he could do. 

“It’s a federal issue,” he said. 

Brian Jopek may be reached via email at [email protected].