Red Lake Tribe banning all flights below 20,000 feet above the reservation

[MountainDude]

This could be a radical precedent for limiting our flying freedoms. I hope (not holding my breath) that AOPA aggressively counters this.

MN Pilots Ass’n Issues Advisory For Red Lake Reservation Overflights | Aero-News Network

Chippewa Band Impounds Aircraft Following Emergency Landing The Minnesota Pilots Association has issued an advisory regarding overflights of th| Published: Tue, Oct 21, 2025 | Aero-News Network

www.aero-news.net

A pretty disturbing part:
This came to light when the association received a phone call from a pilot who experienced an engine failure on a VFR flight from Roseau to Bemidji, Minnesota. He was able to maintain control and safely land on a highway, however, it was within the reservation, and apparently the pilot was unaware of the total flight ban. The association said they just learned of it as well.
His airplane was impounded, and the result of the incident and disposition of the airplane is to be decided at a Tribal Trial on November 4, 2025.

 

[dcat127]

Indians doing whatever they please on their own land with no real way to challenge it in court. Yeh that's been going on forever.

 

[WDD]

I've not seen any NOTAMs or Sectional Chart notations about such bans. I also didn't think that land owners had rights to determine airspace use. Would ATC vector a plane on IFR plan around the territory? Or is this just an unofficial declaration not recognized by or even known by the FAA?

 

[NorthEast Ohio]

Red Lake Indian Reservation—reference: Wikipedia

 

[GoFly]

They want money

 

[murphey]

This could be a radical precedent for limiting our flying freedoms. I hope (not holding my breath) that AOPA aggressively counters this.

MN Pilots Ass’n Issues Advisory For Red Lake Reservation Overflights | Aero-News Network

Chippewa Band Impounds Aircraft Following Emergency Landing The Minnesota Pilots Association has issued an advisory regarding overflights of th| Published: Tue, Oct 21, 2025 | Aero-News Network

www.aero-news.net

A pretty disturbing part:
This came to light when the association received a phone call from a pilot who experienced an engine failure on a VFR flight from Roseau to Bemidji, Minnesota. He was able to maintain control and safely land on a highway, however, it was within the reservation, and apparently the pilot was unaware of the total flight ban. The association said they just learned of it as well.
His airplane was impounded, and the result of the incident and disposition of the airplane is to be decided at a Tribal Trial on November 4, 2025.

To **** with AOPA, this is FAA, FBI and Dep of Interior issue. And a really, REALLY good personal property lawyer and let's throw in a constitutional law expert, too. Under Federal Law 280, MN has some criminal and some civil jurisdiction over tribal lands. But in this case, it's likely to be both Federal and Tribal. Which, as GoFly accurately pointed out....$$$$$

 

[jsstevens]

indigenous peoples are not land owners. They are sovereign nations within the borders of the reservations. They are subject to some level of treaty agreement (as befits a nation to nation relationship) but what rights to airspace the treaties dictate, if any, I have no idea.

 

[Zeldman]

If the Chippewa reservation is anything like the Navajo reservation, it isn't their land. The land is owned by the federal government and the Navajo are just allowed, as a sovereign nation, use it. And only the FBI can go on reservation land to uphold laws.

Then again, the FBI rarely goes on the Navajo reservation to make arrest. There is a large number of first American folk that have warrants, but they won't leave the reservation because the know the FBI is waiting for them to leave the res.

 

[Lindberg]

This could be a radical precedent for limiting our flying freedoms. I hope (not holding my breath) that AOPA aggressively counters this.

MN Pilots Ass’n Issues Advisory For Red Lake Reservation Overflights | Aero-News Network

Chippewa Band Impounds Aircraft Following Emergency Landing The Minnesota Pilots Association has issued an advisory regarding overflights of th| Published: Tue, Oct 21, 2025 | Aero-News Network

www.aero-news.net

A pretty disturbing part:
This came to light when the association received a phone call from a pilot who experienced an engine failure on a VFR flight from Roseau to Bemidji, Minnesota. He was able to maintain control and safely land on a highway, however, it was within the reservation, and apparently the pilot was unaware of the total flight ban. The association said they just learned of it as well.
His airplane was impounded, and the result of the incident and disposition of the airplane is to be decided at a Tribal Trial on November 4, 2025.

From the article:

Turns out, the Red Lake Tribe of the Chippewa Indians passed a resolution this past May denying the U.S. Air Force permission for low-level overflights and simultaneously, banning all flights below 20,000 feet above the reservation.

Is the author a time traveler? The Chippewa passed this resolution in May 1978.

 

[Larry in TN]

I asked Perplexity.ai about this. Here's the result. Don't know if it's correct.
--------------------------------------
Indian tribes generally do not have the legal authority to regulate or limit flights over their reservations because the federal government, through the Federal Aviation Administration (FAA), has exclusive jurisdiction over U.S. airspace. The FAA controls all aspects of air traffic, including flight paths and regulations, even above tribal lands.

Key Points:
While tribes are sovereign entities with authority over their land and can regulate activities on the ground, the airspace above reservations is considered national airspace controlled by the federal government.

Tribes have asserted interests in protecting their citizens from low-flying aircraft and related impacts like noise, pollution, and safety concerns, but these rights have not been legally recognized to extend to controlling or restricting flight operations over their reservations.

There are no definitive federal statutes or court decisions granting tribes regulatory power over aircraft in tribal airspace; consequently, tribes cannot charge fees or impose sanctions on overflying aircraft under current law.

Efforts have been made in some tribal codes to assert sovereignty over airspace, especially around tribal airports, but federal preemption under the FAA’s authority remains the overriding legal framework.

Summary
Indian tribes lack statutory or judicially confirmed authority to limit or regulate flights over their reservations. Airspace is federally controlled to ensure national uniformity of aviation safety and operations, overriding tribal sovereignty claims in this domain. However, tribal governments do retain broad powers to govern activities on the ground within their lands.

This reflects the balance between tribal sovereignty and federal preemption in aviation law.

 

[MountainDude]

To **** with AOPA, this is FAA, FBI and Dep of Interior issue. And a really, REALLY good personal property lawyer and let's throw in a constitutional law expert, too. Under Federal Law 280, MN has some criminal and some civil jurisdiction over tribal lands. But in this case, it's likely to be both Federal and Tribal. Which, as GoFly accurately pointed out....$$$$$

If the govt took care of us, we would not need AOPA. This is where a strong org representing pilots needs to step in and ensure that this flight ban is canceled.

 

[ColinD]

Lots of discussion locally about this. It would be wise to treat tribal land like a large body of water and remain within gliding distance of "shore" for any overflights.

 

[Daleandee]

So if I become a sovereign citizen I can regulate the airspace up to 20K over my property? Asking for a friend ...

 

[TCABM]

So if I become a sovereign citizen I can regulate the airspace up to 20K over my property? Asking for a friend ...

Why limit yourself to FL200. Everywhere I go I occupy four square feet of sovereign territory and have a SFC- FL500 no fly zone overhead.

I have yet to engage any intruders, so it must be working.

 

[Racerx]

Who paid for the road that was landed on?

 

[2-Bit Speed]

I asked my drunk uncle about this. Here's the result. Don't know if it's correct.
--------------------------------------
Indian tribes generally do not have the legal authority to regulate or limit flights over their reservations because the federal government, through the Federal Aviation Administration (FAA), has exclusive jurisdiction over U.S. airspace. The FAA controls all aspects of air traffic, including flight paths and regulations, even above tribal lands.

Key Points:
While tribes are sovereign entities with authority over their land and can regulate activities on the ground, the airspace above reservations is considered national airspace controlled by the federal government.

Tribes have asserted interests in protecting their citizens from low-flying aircraft and related impacts like noise, pollution, and safety concerns, but these rights have not been legally recognized to extend to controlling or restricting flight operations over their reservations.

There are no definitive federal statutes or court decisions granting tribes regulatory power over aircraft in tribal airspace; consequently, tribes cannot charge fees or impose sanctions on overflying aircraft under current law.

Efforts have been made in some tribal codes to assert sovereignty over airspace, especially around tribal airports, but federal preemption under the FAA’s authority remains the overriding legal framework.

Summary
Indian tribes lack statutory or judicially confirmed authority to limit or regulate flights over their reservations. Airspace is federally controlled to ensure national uniformity of aviation safety and operations, overriding tribal sovereignty claims in this domain. However, tribal governments do retain broad powers to govern activities on the ground within their lands.

This reflects the balance between tribal sovereignty and federal preemption in aviation law.

FIFY

 

[eman1200]

tatonka!!




that's all I got.

 

[Lindberg]

Looks like there's at least one airway over the reservation.

 

[Ed Haywood]

"Seized by hostile Indian tribe" was not on my 2025 bingo card.

 

[Let'sgoflying!]

I think my insurance policy covers theft, I’m good if they steal my plane.

 

[kyleb]

I think my insurance policy covers theft, I’m good if they steal my plane.

This.

 

[Tarheelpilot]

I think they are trying to start a new Indian war. If it was my airplane I would be mighty tempted to oblige.

 

[Ed Haywood]

What kind of plane was it? Arrow, Commanche?

 

[Racerx]

Lots of discussion locally about this. It would be wise to treat tribal land like a large body of water and remain within gliding distance of "shore" for any overflights.

How would a transient know where a res begins

 

[MauleSkinner]

How would a transient know where a res begins

Same way you know where nuclear powerplants and full stadiums are.

 

[Bell206]

You'll find this has not been the first time and probably not the time someone claimed rights over the airspace above them. I believe there's plenty of case law out there over the years that the federal government has sole sovereignty over the sky above and who puts the FAA in legal control of it.

 

[Flatiowa]

I’ll just pull the pin on this gernade, roll it in the room and walk away… “land patents”… the original contracts signed by the president to assign ownership of land from the government to it’s initial private owner. The language is very clear in them, I have the original and all original officially stamped with seals ones for each assignee transfer for my homestead, (I’m still on a small part of the original land my family settled in the 1820’s). To this day 1 1/2 miles down the road the electric lines cross the road and cross back to go around a farmstead… my grandfather fought against eminent domain in court when the REC was establishing electrification of the rural areas. (Probably more of a case of “not worth it” than legal right, but when they upgraded the line to higher voltage and new poles a few years ago it still crosses the street to go around it though the house is long gone).

 

[Flatiowa]

You'll find this has not been the first time and probably not the time someone claimed rights over the airspace above them. I believe there's plenty of case law out there over the years that the federal government has sole sovereignty over the sky above and who puts the FAA in legal control of it.

But it “landed”….”trespassed”

 

[ArrowFlyer86]

Cherokee, Arrow/Archer, Warrior, Comanche, Apache, Navajo, Navajo Chieftain, Cheyenne, Seminole, ...

Only fitting they'd seize a Piper and bring it home.

 

[TCABM]

What kind of plane was it? Arrow, Commanche?

This kind.

 

[ColinD]

How would a transient know where a res begins

It sucks, there's absolutely no way to know by looking at a sectional. Total overreach on their part.

I'm local enough that my wife is an enrolled member of the band and I had to google the boundaries.

 

[Racerx]

It sucks, there's absolutely no way to know by looking at a sectional. Total overreach on their part.

I'm local enough that my wife is an enrolled member of the band and I had to google the boundaries.

That's what I'm saying. As a transient you have no way of knowing you'll be met with great hostility. It's not charted. It's not like a stadium or power plant.

@MauleSkinner are you suggesting they put a TFR over every unfriendly reservation? Or should they chart each res like a MOA where it's vfr at your own risk.

 

[ColinD]

I'd be OK with every reservation being charted like a warning area. I don't like to travel into (or over) places where my civil rights could be denied.

 

[Dana]

The Chippewa passed this resolution in May 1978.

Indian tribes generally do not have the legal authority to regulate or limit flights over their reservations because the federal government, through the Federal Aviation Administration (FAA), has exclusive jurisdiction over U.S. airspace...

...which is why it's never been an issue until now. The tribe can pass any resolution they want, but no way to enforce it... until somebody lands within the reservation and they could then get them for trespassing.

 

[ArrowFlyer86]

...which is why it's never been an issue until now. The tribe can pass any resolution they want, but no way to enforce it... until somebody lands within the reservation and they could then get them for trespassing.

As a sovereign nation, are the tribes able to purchase weapons systems for defense? I imagine a couple S-400 batteries acquired on the cheap from Russia would discourage would-be adventurous Cessnas from cutting over their land.

 

[MauleSkinner]

@MauleSkinner are you suggesting they put a TFR over every unfriendly reservation? Or should they chart each res like a MOA where it's vfr at your own risk

I’m saying the FAA expects us to know when and where every major sporting event is happening and where every nuclear power plant is without any help from them. They’d certainly be willing to hang us out to dry on this as well.

 

[tspear]

I think part of it is pretty straight forward, the Reservation cannot control the airspace. However, the pilot landed, does the reason why the pilot landed matter?
As such, the plane and technically the pilot are no longer in the "air" and no longer subject only FAA jurisdiction (simplified, ignore DHS...). All sorts of other entities come into play.
This becomes a pretty interesting legal battle.

Tim

 

[Flatiowa]

I do not mean this wrongly or insultingly, but I can’t help but think of the hobbit movie when the party innocently takes refuge and falls asleep in the cave on the mountain and awakens to being ambushed.

 

[flyingpreacher]

If you go back and read their original resolution, I can understand it. They are dependent on the land and the USAF said, "Hey, we're going to create a military training route to fly jets at relatively low altitudes over your land." They pushed back and said, "We're making a new rule that you have to be 20k feet over our land because it will mess with the animals and we depend on that.

Now bring in Mr. G. A. Pilot and he has never sniffed 20k feet in his plane. That's not what they were worried about. He isn't a military jet. He wasn't messing with the wildlife. He had an emergency and rather than create a crater in their land, he safely landed on the road. I think that, if they just use the reasoning in their original resolution, this will all be over at the council meeting.

 

[ColinD]

If you go back and read their original resolution, I can understand it. They are dependent on the land and the USAF said, "Hey, we're going to create a military training route to fly jets at relatively low altitudes over your land." They pushed back and said, "We're making a new rule that you have to be 20k feet over our land because it will mess with the animals and we depend on that.

Someone posted this video in a Facebook thread regarding this issue. They didn't provide any context, so I'm not sure whether this was shot on Upper or Lower Red Lake or elsewhere entirely.

View attachment AQPVrR2zqOEHcBBBlX_5ck1Q1N1llDgvV0h5pRvfidgqd7NFPhnAOrHWFG0Jt96uBBXLp0y_3Hz9wnoBF7kDadejMtGjFw...mp4

He had an emergency and rather than create a crater in their land, he safely landed on the road. I think that, if they just use the reasoning in their original resolution, this will all be over at the council meeting.

I think you're being too optimistic. From what I've heard, this is not the first airplane the Red Lake Band has seized. Apparently someone landed on skis or floats on Lower Red a couple years ago and they're still trying to regain possession of their airplane. (I'll have to dig and see if I can find any more info - regard this as hearsay.)

EDIT: my details were wrong. The guy with the extremely unfortunate last name did get his airplane back, and it occurred in 2002:

Red Lake Band of Ojibwe seizes Pine River angler's plane after it lands on reservation

RED LAKE (AP) -- A tribal judge will decide whether a Pine River angler will receive his plane back after it was seized by the Red Lake Band of Ojibwe when the man illegally landed on reservation waters to fish.

www.brainerddispatch.com

Red Lake Band of Ojibwe seizes Pine River angler's plane after it lands on reservation

RED LAKE (AP) -- A tribal judge will decide whether a Pine River angler will receive his plane back after it was seized by the Red Lake Band of Ojibwe when the man illegally landed on reservation waters to fish.

www.brainerddispatch.com

This was the more recent incident I recalled, and it occurred on Upper Red Lake outside of the tribal land:

Plane crashes through ice in Upper Red Lake

A plane landed on Upper Red Lake Tuesday and broke through the ice, a Beltrami County Sheriff’s Office spokesperson said. The two occupants made it out of the plane and county water responders assisted them to shore.

www.mprnews.org