After fierce testimony, lawmakers pump the brakes on White Earth Forest land return bill

People talk at a committee
White Earth Reservation Business Committee Chair Michael Fairbanks, left, testifies before the Senate Environment, Climate and Legacy Committee on Thursday.
Dana Ferguson | MPR News

After at times emotional testimony, the Senate Environment, Climate and Legacy Committee on Thursday voted to table a proposal to transfer White Earth State Forest land to the White Earth Nation, a tribal nation located east of Fargo.

More than a dozen people, including tribal leaders, county commissioners, area business leaders and residents traveled to the Capitol to make their case. Ultimately Democrats on the panel opted to put the bill aside. Republicans who voiced opposition to the bill opposed the effort and sought to block the bill outright.

State Sen. Mary Kunesh, DFL-New Brighton, carried the bill and said it was key to restore the land to the White Earth Band since much of the land is within the boundaries of the White Earth Reservation.

“The goal of this bill is to create a path forward to honor the sovereignty of the White Earth Nation and to realign the oversight of the lands with the White Earth Nation in the best way possible,” Kunesh said. “Their goals are to manage the forest resources in an environmentally positive manner for the benefit of present and future generations.”

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Kunesh brought an amendment that would set as a condition of the transfer an agreement that tribal members and non-tribal members be able to continue using the land for recreation. And under the proposal, there would be a five-year window for the band to take input from county stakeholders about how the transfer would work.

“We’re here not to close doors, we’re here to open doors,” White Earth Reservation Business Chair Michael Fairbanks told the committee. “We’re not here to — the band, no one — to put up any roadblocks. We’re here to work with everyone.”

Sen. Steve Green, R-Fosston, represents the region and is an enrolled member of the White Earth Nation. He said he was deeply upset not to have been consulted about the proposal and he argued it would divide the community.

“When I see this come forward, and I see what we have going on here, it’s not just division between communities, it is division within our families. This is wrong,” Green said. “And if this was going to move forward, these meetings should have been held long ago. They should have been brought forth, people — the district — should have known about it and had a chance to speak.”

County commissioners and people with businesses in the region raised doubts about whether future White Earth elected leaders would honor the condition allowing non-tribal members to recreate on the land. They also flagged concerns about their ability to access residential property on the land or harvest timber there.

“Everyone has the right to enjoy these lands. It doesn’t matter where you are or where you’re from. They are for everyone,” said Becker County Sheriff Todd Glander. “And our concern is that if transferred, the regulation of these areas is taken off the state's hands.” 

Because the bill was laid on the table, it could come up for action at a later date.