Post by mdenney on Jan 21, 2007 18:17:14 GMT -5
This from the other site
bighorse
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Shakopee trust land reversed.
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Tribe's land-trust plans overruled
The BIA in Washington plans to have the final word involving 752 acres of land belonging to the Shakopee Mdewakanton Sioux Community, which is at least a temporary blow to the tribe.
Tribe's land-trust plans overruled
Missing baby baffles St. Paul police
A week after its Midwest regional office granted the Shakopee Mdewakanton Sioux Community's request to put 752 acres of land into trust, the Bureau of Indian Affairs in Washington pulled back the decision and says it'll settle the matter itself.
In a July 14 memo to regional director Terry Virden, BIA Director Patrick Ragsdale wrote that he'd expected to see the decision before it was issued, and as a result, it was "premature." He now will review the case, he wrote, and have final say on the request.
The about-face was an at-least-temporary blow to a tribe that has waited six years for the land-trust decision and a reprieve of sorts for a county that still hopes to forge a compromise with the Sioux community that could put fewer acres into the tax-exempt trust.
"Ultimately, I am not sure what will be decided. It may be in our favor, it might not," said Scott County Administrator David Unmacht, who learned of the BIA's action Tuesday. "It just gives us the opportunity to pursue an outcome that's good for all parties." William Hardacker, the tribe's legal counsel, said Tuesday that he expected the earlier action to prevail: "The voluminous record supports that decision," he said.
For 10 years, the tribe, owner of Mystic Lake Casino Hotel in Prior Lake, has sought repeatedly to move its recently acquired lands from the property-tax rolls and into trust.
That would allow the tribe to develop them free of local zoning and land-use rules. A sovereign nation should have unfettered use of its lands, Chairman Stanley Crooks has argued.
On July 7, the BIA's Midwest regional office sided with the tribe, reversing a 1998 decision -- involving 593 acres of land -- that questioned why such a wealthy tribe would need the benefits that having land in trust could bring. The July 7 ruling said that a tribe's wealth need not be a factor in land-trust decisions.
Neither Ragsdale nor Virden could be reached for comment Tuesday. But in his two-paragraph memo, Ragsdale directed the Midwest office to notify the tribe and others of his decision to withdraw the July 7 action and to "please express my apologies for the premature decision."
It was not known Tuesday how often the central office has taken such action.
A surprise, again
Last week, Unmacht and Shakopee Mayor John Schmitt said they were surprised by the July 7 decision. They had been led to believe, they said, that no action would be taken until after representatives of the city and county visited Washington later this month to restate their case for a locally negotiated solution.
The county did not, he added, request the action taken by Ragsdale: "Just as I didn't anticipate the regional director's [decision], I certainly wasn't anticipating this," Unmacht said.
Shakopee and county officials have said they were open to having lands put into trust on an as-needed basis. But the timing of such moves, and the details about what's to be built on the land, should be agreed to by all sides, the county administrator said.
Gov. Tim Pawlenty, who has opposed the tribe's application, also has said he'd be open to "appropriate" amounts of land being put into trust for tribal housing and governmental needs.
But Crooks replied earlier this year that the governor's suggestion was "demeaning."
"They're suggesting we really don't have control of the land," the chairman said.
Next Wednesday, Unmacht said, the county plans to proceed with its earlier plans to meet with BIA officials in Washington. But he added that any elation that might have come from this week's sudden twist would have to wait until a local agreement is worked out with the tribe.
But the tribe's attorney says it's not about to compromise.
Said Hardacker: "The tribe will not negotiate away its sovereignty."
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bighorse
New Member
member is online
Joined: Mar 2006
Posts: 32
Shakopee trust land reversed.
« Thread Started on Today at 12:04am »
--------------------------------------------------------------------------------
Tribe's land-trust plans overruled
The BIA in Washington plans to have the final word involving 752 acres of land belonging to the Shakopee Mdewakanton Sioux Community, which is at least a temporary blow to the tribe.
Tribe's land-trust plans overruled
Missing baby baffles St. Paul police
A week after its Midwest regional office granted the Shakopee Mdewakanton Sioux Community's request to put 752 acres of land into trust, the Bureau of Indian Affairs in Washington pulled back the decision and says it'll settle the matter itself.
In a July 14 memo to regional director Terry Virden, BIA Director Patrick Ragsdale wrote that he'd expected to see the decision before it was issued, and as a result, it was "premature." He now will review the case, he wrote, and have final say on the request.
The about-face was an at-least-temporary blow to a tribe that has waited six years for the land-trust decision and a reprieve of sorts for a county that still hopes to forge a compromise with the Sioux community that could put fewer acres into the tax-exempt trust.
"Ultimately, I am not sure what will be decided. It may be in our favor, it might not," said Scott County Administrator David Unmacht, who learned of the BIA's action Tuesday. "It just gives us the opportunity to pursue an outcome that's good for all parties." William Hardacker, the tribe's legal counsel, said Tuesday that he expected the earlier action to prevail: "The voluminous record supports that decision," he said.
For 10 years, the tribe, owner of Mystic Lake Casino Hotel in Prior Lake, has sought repeatedly to move its recently acquired lands from the property-tax rolls and into trust.
That would allow the tribe to develop them free of local zoning and land-use rules. A sovereign nation should have unfettered use of its lands, Chairman Stanley Crooks has argued.
On July 7, the BIA's Midwest regional office sided with the tribe, reversing a 1998 decision -- involving 593 acres of land -- that questioned why such a wealthy tribe would need the benefits that having land in trust could bring. The July 7 ruling said that a tribe's wealth need not be a factor in land-trust decisions.
Neither Ragsdale nor Virden could be reached for comment Tuesday. But in his two-paragraph memo, Ragsdale directed the Midwest office to notify the tribe and others of his decision to withdraw the July 7 action and to "please express my apologies for the premature decision."
It was not known Tuesday how often the central office has taken such action.
A surprise, again
Last week, Unmacht and Shakopee Mayor John Schmitt said they were surprised by the July 7 decision. They had been led to believe, they said, that no action would be taken until after representatives of the city and county visited Washington later this month to restate their case for a locally negotiated solution.
The county did not, he added, request the action taken by Ragsdale: "Just as I didn't anticipate the regional director's [decision], I certainly wasn't anticipating this," Unmacht said.
Shakopee and county officials have said they were open to having lands put into trust on an as-needed basis. But the timing of such moves, and the details about what's to be built on the land, should be agreed to by all sides, the county administrator said.
Gov. Tim Pawlenty, who has opposed the tribe's application, also has said he'd be open to "appropriate" amounts of land being put into trust for tribal housing and governmental needs.
But Crooks replied earlier this year that the governor's suggestion was "demeaning."
"They're suggesting we really don't have control of the land," the chairman said.
Next Wednesday, Unmacht said, the county plans to proceed with its earlier plans to meet with BIA officials in Washington. But he added that any elation that might have come from this week's sudden twist would have to wait until a local agreement is worked out with the tribe.
But the tribe's attorney says it's not about to compromise.
Said Hardacker: "The tribe will not negotiate away its sovereignty."
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