Out of 11 federally-recognized Native American tribes in Wisconsin, only one sets its own criminal law standards.

The Menominee Indian Tribe of Wisconsin is what Gary Besaw, chairman of the tribe, calls a "mini-state within the state of Wisconsin."

This is because of the tribe's non-Public Law 280 status.

Public Law 280 — or PL-280 — was enacted by the federal government in 1953. The law altered criminal jurisdiction on Indian reservations across the country, removing the federal government's authority to prosecute crimes involving Native Americans and giving certain states the ability to prosecute criminal offenses only. According to the U.S. Department of Justice, the main result of the law was that for most reservations, federal jurisdiction over criminal offenses became limited while state jurisdiction expanded.

Even within the states required to follow PL-280, there are differences. Besaw is one of 8,720 members of the Menominee Indian Tribe of Wisconsin. They have the largest land base reservation east of the Mississippi, with almost a 250 million acres of forest.

Besaw explained that the Menominee are a sovereign tribe. They are not subject to PL-280. Meaning neither state criminal nor civil law apply to the people living on the Menominee Reservation.

"The Menominee tribe in a certain sense is like a mini-state within the state of Wisconsin. And I speak for Menominee only, because we have an even bigger amount of authority than other tribes because of the non-Public Law 280 status, which means we set our own criminal law," Besaw said. "We have our own jail, we have our own court system, our own parole officers, our prosecutors. So we adjudicate all altercations or conflicts with tribal members within the reservation."

While the Menominee have jurisdiction over crimes committed on the reservation, whether or not they can pursue legal action depends on who is involved in the crime.

If the crime involves someone who is not Native American or is not a member of the Menominee Tribe, jurisdiction goes to the state, according to the Tribal Law and Policy Institute.

Besaw sees the Menominee’s status as important for his tribe, saying, "In the bigger picture, we know our tribal members and our land and our culture best, and we govern our people, both civilly and criminally. We follow federal law and tribal law, and not so much state law. So we basically govern ourselves. All of our own internal laws, our tribal legislature develops."

Looking Ahead

Looking forward, Besaw said one of the biggest concerns for the Menominee people is the Back Forty Project. The proposed mine, headed by Canada-based Aquila Resources, would process gold, zinc, copper, silver and other minerals the Upper Peninsula of Michigan, which happens to be part the Menominee Tribe's original ceded territory. The mine would be located along the Menominee River and the interstate boundary waters between Michigan and Wisconsin.

Besaw said that in addition to what he sees as inevitable environmental pollution and destruction, the project would "destroy and alter many of our burial mounds and sacred cultural sites that are within the footprint of that proposed mine."

Besides dealing with outside threats like the mine, tribal leadership is working to maintain and develop relationships with both the state and federal government, other Native Nations and their non-Native neighbors. The Menominee also continue to look inward to strengthen their own community.

"Part of what we’re doing also is we’re trying to grow the tribe through jobs, through economic development, while still doing it in a sustainable way. We’re struggling to preserve and actually bring back our native Menominee language, and we continually fight to educate decision makers on tribal treaty and trust responsibilities, and struggle to maintain our tribal sovereignty to control our own people as we go forward."

Despite significant challenges, Besaw also sees opportunities.

"We are the poorest county in Wisconsin. But we have some of the best land and best resources in Wisconsin, and almost in North America," Besaw said. "We struggle to make sure that we can keep this beautiful land for our children and grandchildren, and at the same time make sure we have the jobs and the economic development here so they have a good life."

This story is part of a week-long series called First Wisconsinites: Dispatches From Native American Life In Wisconsin Today. Stories explore everything from education to politics to art and more and can be heard on Central Time and online at wpr.org.