Purpose

• The bill aims to authorize certain Chippewa Bands to establish open hunting seasons for big game in line with the 1854 treaty, and to provide funding to support treaty-area payments. It also updates certain state statutes to reflect these changes.

Main provisions

• Section 1: Clarifies how the state’s obligations under the Memorandum of Agreement (MOA) are carried out.
  • The Commissioner of Natural Resources will take actions by rule or other means to fulfill MOA duties, but only to the extent and amount the legislature specifically appropriates to carry out the MOA terms.
• Section 2: Treaty open seasons for big game.
  • If the Commissioner does not establish an open season for a big game species, a Chippewa Band identified in Minnesota Statutes section 97A.157 subdivision 1 may establish an open season independently for its members to take that species.
• Section 3: Funding for treaty-area payments.
  • Appropriates $3,000,000 in fiscal year 2026 and $3,000,000 in fiscal year 2027 from the general fund to the Commissioner of Natural Resources to make proportional payments to Tribes receiving payments under Minnesota Statutes section 97A.157.
  • The Commissioner must work with the signatory Tribes to update and amend the affected agreement.

How this would change current law

• Expands tribal authority:
  • Chippewa Bands could establish open seasons for big game if the state does not, shifting some regulatory authority to tribes.
• Limits MOA obligations by funding:
  • The state’s duties under the MOA are limited to what is specifically appropriated, clarifying that MOA obligations are not automatically funded beyond appropriations.
• Creates targeted funding:
  • Adds a two-year funding stream to support treaty-area payments and requires coordination with signatory Tribes to revise the related agreement.

Funding and economic implications

• Two-year appropriation:
  • $3,000,000 in FY2026 and $3,000,000 in FY2027 from the general fund for proportional payments to Tribes under 97A.157.
• Administrative responsibility:
  • The Commissioner must administer these payments and update the related treaty agreement with input from signatory Tribes.

Administrative and implementation notes

• Regulatory mechanism:
  • Authority to act “by rule or otherwise” to fulfill MOA duties, but only to the extent funded.
• Tribal governance:
  • Open seasons established by bands would be independent of state action for the relevant species, subject to treaty rights and band processes.
• Agreement updates:
  • Requires collaboration with signatory Tribes to update and amend the 97A.157-related agreement.

Potential impacts and considerations

• Hunting and wildlife management:
  • Possible changes to how big game is hunted, with potential effects on conservation, harvest allocations, and tribal sovereignty.
• Treaty rights and relations:
  • Reinforces or clarifies treaty-based rights and funding, requiring ongoing coordination between state and Tribes.
• Fiscal implications:
  • Introduces two-year funding for treaty-area payments, contingent on appropriation and agreement updates.

Affected parties

• Chippewa Bands identified in Minnesota Statutes section 97A.157 subdivision 1
• Tribes receiving payments under Minnesota Statutes section 97A.157
• Minnesota Department of Natural Resources, especially the Commissioner of Natural Resources

Relevant Terms - Chippewa Bands - open season - big game - 1854 treaty - Memorandum of Agreement (MOA) - Commissioner of Natural Resources - Minnesota Statutes section 97A.157 - subdivision 1 - subdivision 4 - 97B.202 - Treaty Open Seasons - proportional payments - general fund - signatory Tribes - Minnesota Statutes chapter 97B - open season independently of the state