You Okay, great great. Thank you so much Tracy for your time in this interview today. We really really appreciate it Thank you for having me So to begin just for our records, can I have you slowly say and spell your first and last name? My first name is Tory T O R E Y My last name is Dolan D O L A M Great, and can I have your title in this role for us today? I'm an assistant professor of law at the University of Wisconsin Law School Great, and lastly if any can I have your tribal affiliation? I'm a citizen of the Choctaw Nation of Oklahoma Okay, great and your location today I'm currently in my office in Madison, Wisconsin at the University of Wisconsin Law School Okay, thank you so this is really a Big story here in in Wisconsin that people across the state, especially in northern Wisconsin, north woods are talking about But to begin kind of in a broad sense when people hear that Lactoflambo is a sovereign nation. What does that mean? Yeah, so The United States Constitution recognizes that Congress has the ability to regulate its relationship with Indian tribes and in recognizing that they recognize Indian tribes as sovereign Meaning that they have the ability to govern themselves and their territory that predates the United States And so when we talk about Lactoflambo being sovereign What we mean is that they have the ability to set their own laws and be governed by them Both their membership and their lands Okay, and so when we talk about and they can govern themselves What does that mean for the communities that are around them? Well Lactoflambo's reservation Is checkerboarded meaning that there is a predominant non-Indian community in the area and so often what that means is that Non-Indian neighbors are intersecting with tribal law in interesting ways Um, the tribe retains the inherent sovereignty meaning that it's always existed within them um to regulate civil jurisdiction in their area on certain matters Um, it gets very back specific and complicated depending on what the tribe is attempting to regulate How the tribe is attempting to regulate Um when it comes to non-indians or non-Indian lands But generally just being in tribal territory you are going to interact with tribal law in some capacity So when that happens when the tribes says they're exercising their their sovereignty or exercising their their their rights Is that what that means? Yeah, it means that they're exercising their ability to have a say over what happens in their territory and in their community Okay, so when we say their territory, can you explain what does seated territory mean here in Wisconsin? Yes, so seated territory usually refers to lands that were subject to um a treaty meaning that the tribe gives up certain rights over certain lands that they had prior to um Europeans arriving on the continent And in exchange they secure a set of rights in a treaty many of those rights they already had um some rights are going to be newly recognized from the united states such as payment uh for seated lands or protection um from you know other Europeans or protection from non-indian communities And so here in Wisconsin, um, there are a number of seated lands from ojibwe, manamini um and other folks I would say the only lands in wisconsin that are not seated from the local tribe would be um the onida Because the onida are originally from new york and were forcibly removed to wisconsin So it's it's it's there are 12 tribes in wisconsin and you know that we have a 11 that are federally recognized But each one has a different story. It sounds like yes each has a different story subject to different treaties um and each tribe has different relationships with each other because many tribes were part of confederacies or political alliances or come from The same group. So there are a number of ojibwe tribes in wisconsin for example And when we say territories, is that also include waters? Yes Okay And in regards to lactoflambo, we're looking at three cases and speaking of waters Let's dive into the case of the fishing and the walleye fish and muskolangi, which has had a a long history With travel members and community members in wisconsin and oftentimes in the past it was very contentious and dangerous Where we are now with this case is that um, they have said that Due to environmental factors and other factors They don't want non-tribal people fishing on 19 of their lakes, but they have 260 lakes So they said for these 19 lakes due to various reasons We don't want non-tribal members to fish on 19 of these lakes and we're putting an injunction on it We're saying that you can't fish here and it now has ended up in in federal court So as a sovereign nation, how do these cases end up in federal court? So usually these cases dealing with hunting and fishing regulation, especially as they're related to the environment end up in federal court Often because non-indians are challenging the tribe's ability to regulate them in this way um I'll note that Navigable waters are subject to a distinct illegal standard within the united states and it's different from regulating Um land and it's different from regulating tribal land Now here in this instance, the tribe is very concerned about the walleye and the musky population and The supreme court has recognized that indian tribes retain the inherent sovereignty to regulate non-members um in certain instances when The behavior of non-members is going to affect the health safety economic security or welfare of the tribe and so from the tribe's perspective here um walleye and musky are very important to the tribe's subsistence to the tribe's culture and so from their perspective protecting the population in these 19 lakes um necessitates them regulating non-indians in this way now um on the other side folks argue that you know the tribe doesn't retain the ability to regulate non-members and that's not a part of the right that's guaranteed in the treaty But I will note that treaties don't Contain the entirety of a tribe's sovereignty. They're just explicit reservation of rights um secured at that time, but that doesn't mean it's the maximum of tribal power So are there limits within um treaty rights in terms of of of their rights and then who they can govern Yes, yes, so um I will note that the the tribes here have very strong hunting and fishing rights for themselves um regulating other people is a different matter so in the past the federal court has recognized that tribes here um do not have jurisdiction over navigable waters and do not have the ability to regulate um non-indians pursuant to those treaties um There are other instances in the country where courts have recognized tribal power over navigable waters pursuant to treaties um and in part because there was a distinct property regime laid out in those treaties, but here in this instance um As I see it, it seems to me that the tribe is trying to exercise a degree of inherent sovereignty That might be distinct from the treaty itself Mm-hmm. So is it's um It's like a new element to their treaty or an identity to their treaty It's a degree of sovereignty that exists outside the treaty So imagine that you know before colonists come to the united states the tribe has a whole pizza pie Right and the treaty is one slice of the pie that they decided to give away The tribe has the remaining pieces and so inherent sovereignty might be a part of that those remaining pieces Okay, thank you for explaining that um again in regards to lack de flambeau beyond uh rivers and waters and in territory property owners There are suing lack de flambeau Lakes period of Chippewa for allegedly restricting their access to a boat launch that's on private property But also on the reservation so far as why are there so many non-tribal members owning property on the lack de flambeau reservation Yeah, so in the 19th century Congress implemented this policy called allotment and the idea was that where tribes own things in common meaning Um all members and the tribe itself owns the property They decided to break up that communal title And parcel out individual parcels of land to different families and then sell the surplus Um the process of selling the surplus land within the reservation Is what led to these checkerboarded reservations that we see today where there are significant populations of non-indians That own fee land within the exterior reservation boundaries So the non-tribal members that own fee land within lack de flambeau One has attempted to Build a boat launch to one of these restricted lakes from the private property And this is the dispute at issue now from the homeowners perspective, you know They view it as i'm not a member I'm not subject to this tribe's jurisdiction and this is my land that I own In fee meaning under state title um But from the tribes perspective that goes back to the inherent sovereignty element that I mentioned Where the court has recognized that there are some instances Where tribes do have the ability to regulate non-member conduct on fee land within the exterior reservation as part of their Inherent sovereignty And so that's the dispute. Is this environmental situation one that justifies the tribe having civil authority over fee land within the reservation? Thank you for explaining that. So the The association went to tribal court and lost in the tribe one and then they um elevated it to federal court How can that happen? How come it's not ended at the tribal court made a decision and and that's that Um, it the reason that things don't end at tribal court is because it's a it's a contest of jurisdiction Which tribal jurisdiction over non-members has been deemed to be a question of federal law But there is a doctrine called the tribal court exhaustion doctrine Meaning that before you can go to federal court and challenge the tribe's ability to exercise authority over You have to exhaust all of the available remedies within the tribal government So once a plaintiff has done that Then they can enter into federal court to challenge the tribe's exercise of jurisdiction at all So it seems like there's a lot of steps that happen before it can reach federal court. Yes Yes, okay, and going back to the does act when did it end and is it still playing a role in lactaflambo? It's certainly still playing a role in lactaflambo because many of those parcels that were um You know removed from tribal ownership Um, they're now they're now the parcels of land that are subject to dispute or access to those parcels of land is what subject to dispute in the road cases Um, and so it continues to impact the tribe's ability to govern today because i'm sure people can imagine You know when you're trying to regulate the environment of an entire reservation But you have parcel a and parcel b and parcel c that you have to prove your authority over Well, then it gets really hard to protect the entire environment because you have to Prove your case for all of these broken up parcels within your territory And who broke up those parcels? Congress Congress did that through the does act. Yes In created that checker board that we're that we're speaking about Yes, so the the congress created the does act which authorized Indian agents to go into tribal communities parcel at the communal land Sell the surplus and so it's that process that has created the checker board pattern today Um part of the does act was motivated by this belief that the tribes would disappear That eventually tribal people would die out or assimilate and be indistinguishable from non-indian populations and so because of that um That's why we have so many legal and political issues today because they really didn't expect tribes and tribal people to endure And they didn't disappear We did not Right, right. They they they didn't disappear and still asserting asserting their tribal sovereignty So in the case of the four roads those those roads were um Essentially chopped up and checker board during the does act. Is that why they lost that case? Well, so the roads themselves are on tribal land But these are the roads that access these private parcels because when congress chopped up Um, you know these reservations and these parcels of land It was before cars and before the massive roadway infrastructure that we have so after um, you know, these parcels were divided up in the 1950s. I believe the bureau of indian affairs Um, agreed to some easements Um, over these tribal lands and that's how these roads were made Now The reason that the bureau of indian affairs Had the authority to do that is because legally within the united states The federal government holds the title to tribal land for the benefit of indian tribes So there's been a long history of the united states exercising that legal authority to make decisions without consulting the tribe Now the bureau of indian affairs approved these leases or these easements for these roads but they were temporary and they expired and so once they expired, um, the tribe wanted to engage in negotiation with the village and the township Um, to renew these easements, but the tribe wanted payment and the tribe did not want to authorize permanent easements because once you authorize a permanent easement that means that you give away that property right forever And so Because these private parcels of land that arose during the doz act people bought them And they needed a way to get to them the bureau of indian affairs approved these easements And once they expired the tribe sought to assert their property rights by closing these roads um And that's what led to that lawsuit Why is it important for lack to flambo to get their laws enforced? It's important for the for lack to flambo to get their laws enforced because There's nowhere else in the world where lack to flow but lack to flambo sovereignty Um is governing right this land this territory is very important to them um You know for folks who have been to the area, you know, the tribe is very present in the community um The lakes there, you know holds their their clan stories their religion um And so their ability to enforce their own laws means their ability to continue to exist as a people To continue to exist in their territory And to protect the area to ensure that seven generations from now Um, lack to flambo people can continue to exist there And so every time that sovereignty is chipped away in a tribe's territory um, it's really devastating because tribal sovereignty exists in our communities and um Not outside them. So we have to protect every bit of sovereignty we can't And they keep fighting it, you know, um in such a short time where we're seeing these cases What does that say about the tribe and also does that cost money to keep having to go to court? It costs a massive amount of money and you know Lactifambo is in this situation where they have these three different cases three different issues Um, so that gets very very expensive because these are all distinct Cases with distinct legal issues that take their own time and research And you know, it's very hard on tribal leadership. Um when these moments come up because you know, essentially tribal leadership has to decide do we fight this? Do we spend that money? Um, which often means taking money from community services Um from health centers from schools from other vital services Um, you know, do we sacrifice those things to protect sovereignty in the long run? And those are really difficult political decisions. I really don't envy any tribal leader. That's in that situation But I think um from what I've seen from statements from tribal leadership and from the way the tribe has asserted its rights Um You know, they recognize that these are existential fights about the future and the continued existence of the tribe And they're going to fight them And as we finish up, you know, these are three distinct Cases recently with them. There's frustration for tribal members. There's also frustration for non tribal members Um, and I was at one hearing and the judge was said consistently that he wants the tribe to Work on their state to state relationship As a tribe with the state of wisconsin. What do you think is going to happen moving forward? It's hard to predict what's going to happen. Um, and I will say You know, this exists in the context of Decades and decades and decades of conflict, especially when it comes to fishing. So, um You know, history runs deep in the north woods for sure but um My hope is that you know, especially as we're dealing with more and more Consequences of climate change. I hope folks in the north woods Um, you know tribal members and non tribal members Will view tribal sovereignty as an asset, you know, it's an additional layer of protection That can be exercised to protect the environment to protect the community to protect the walleye to protect the musky fish And while, you know, these things are hard in the immediate moment Um, I hope that folks can come together on all sides of the issue, you know, dnr lactoflambo the fish hatcheries the The recreational fishers the tribal members. Um I hope they can all come together and you know, find commonality in the fact that Everybody up there loves the land. The north woods are beautiful and I think everybody wants to protect the north woods Thank you. Thank you for that tori. I think we'll end on that note. Thank you so much. Thank you Thank you All right. So I think we are good Um, we have any have everything I was wondering if you have do you have any published books or anything with your name on the cover? That you can send pictures to us if I needed some b-roll footage. Yeah, I don't have um books. I have law review articles and then I've uh, I have some I filed a couple supreme court briefs. I have one that has my name on the front. That's printed Oh, wait, actually I do have printouts. Yes, I can send you that Yeah, so send them to me if you know if you or if you had any photos of you teaching in the classroom Um pointing out a whiteboard or a wall just for any background footage I can play around since you weren't able to come to the office today. Yes, yes, absolutely All right, so the email goes to me when you can and this is due to air this week But um, if not then it'll be the following week. So I'll keep you posted. Okay. Sounds great. All right. Thank you tori. I appreciate your time Yeah, thank you so much. All right. Take care. Bye. Bye