Minnesota emergency landing leads to impoundment

Decades-old claim asserted by tribe

A pilot who made an emergency landing in northern Minnesota is asking the Red Lake Tribal Council to release his impounded aircraft.

A Google Earth outline of the Red Lake Nation's Minnesota reservation (borders are approximate) is overlaid here on a sectional chart showing Bemidji Regional Airport (under red dot) in Bemidji, Minnesota, and a T-route that transits airspace over tribal land that the Red Lake Nation voted in 1978 to close to aircraft flying below 20,000 feet. SkyVector/Google Earth images (not for navigation).

Minnesota Pilots Association President Randy Corfman reported in a Facebook post on October 20 that the group is working with AOPA on behalf of an MPA member who made a successful emergency landing following an engine failure over the Red Lake Indian Reservation. The pilot was cited for violating a 1978 resolution by the Tribal Council that bars overflights of the reservation below 20,000 feet, a resolution that the Red Lake Nation News posted on October 16, advising members of the tribe to report low-flying aircraft to local law enforcement.

Federal law gives the FAA sole jurisdiction over airspace regulation, as Corfman noted on Facebook. "We are grateful for the assistance of AOPA and a number of legislators in aiding this pilot," Corman wrote. "We urge you to be respectful of all involved as we work through the process."

The southern border of the 1,260-square-mile reservation (which does not appear on aeronautical charts) is 18 nautical miles north of Bemidji Regional Airport, which, in a recent Facebook post in the Airplanes and Coffee group, was identified as the intended destination of the flight that launched from Roseau Municipal/Rudy Billberg Field, 86 nm north of Bemidji. A direct route between the two airports traverses the reservation, which encompasses a large portion of Upper Red Lake and all of the connected Lower Red Lake; both lakes appear in aeronautical charts just west of the Beaver military operations area. While the tribe has prohibited overflights of the reservation since 1978, it is not clear if that prohibition had ever been enforced prior to the recent emergency landing.

The Red Lake Nation website notes that the tribal government "has full sovereignty over the reservation, subject only to the federal government." The land is held in common, and the tribe, which "has the right to limit who can visit or live on the reservation," is exempt from a public law that would otherwise grant state government and court jurisdiction. "Laws are made by the Tribal Council and enforced by the Tribal Council and Federal Courts."

AOPA ePublishing staff
AOPA ePublishing Staff editors are experienced pilots, flight instructors, and aircraft owners who have a passion for bringing you the latest news and AOPA announcements.
Topics: Advocacy, Pilot Regulation

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