Roseau pilot's crash landing prompts legal test of tribal 'no fly zone'

RED LAKE — A Roseau man may be heading to tribal court after the Red Lake Nation seized his vintage airplane.

In an article by Aviation International News, Darrin Smedsmo said he was attempting to travel from Roseau to Bemidji on Oct. 15 for flying lessons. His engine seized up over Lower Red Lake, while flying at an altitude of 3,500 feet.

He was not injured after landing the plane on a road within reservation boundaries.

The story garnered widespread attention from the international press.

In a statement issued Monday, the Red Lake Tribal Council sought to clarify the rationale for impounding Smedsmo’s plane, saying he conducted an unlawful emergency landing on tribal lands.

The Tribal Council passed a resolution in 1978 that banned flights over the reservation below 20,000 feet.

This action came after the Air Force requested the Federal Aviation Administration to allow low-altitude, high-speed training flights across Northern Minnesota. The band then asserted the low flights would adversely affect wildlife, and thus, the livelihood of band members.

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Red Lake Tribal Council via Facebook

In the Monday statement, the Tribal Council said Smedsmo was assisted by tribal law enforcement after his emergency landing. The impoundment was on the grounds that the aircraft landed on reservation land without prior authorization or required coordination with tribal authorities. The Council also said the landing "created immediate safety, liability and resource-protection concerns for the tribe."

The matter remains under investigation and the Council said court proceedings will provide Smedsmo with due process under tribal law.

"The Red Lake Nation is committed to upholding the inherent sovereignty of the Tribe, preserving and protecting its lands and waters, and maintaining respectful relations with our neighbors," the Council stated.

"We welcome engagement with the FAA and governmental peers to clarify Tribal protocols for emergency landings and Tribal laws and resolutions governing overflight, so that future incidents may be handled with greater transparency, cooperation and mutual respect."

The Minnesota Pilots Association has warned its members to use discretion when flying over the Red Lake Nation.

Lawyers advising Smedsmo are raising questions about whether the Red Lake Nation’s airspace claims are legitimate, since FAA charts do not show that restriction.

The matter may end up in federal court after proceeding through the tribal courts.