HomeMy WebLinkAbout09 25 2015 ICO Fee To Trust Application $AKAiy
Shakopee Mdewakanton OFFICERS
'�--' Charlie Vig
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Chairman
( ♦ Sioux Community Keith B.Anderson
ti Vice-Chairman
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l 2330 SIOUX TRAIL NW•PRIOR LAKE,MINNESOTA 55372 Lori K.Watso
t r TRIBAL OFFICE:952.445-8900 • FAX:952.445-8906 Secretary/7reasurer
IF f
Diane Rosen, Regional Director JUN 1 2015
Bureau of Indian Affairs
Midwest Regional Office
Norman Pointe 11
•
5600 West American Blvd., Room 500
Bloomington, MN 55437
RE: Shakopee Mdewakanton Sioux Community- Fee to Trust Application
Inyan Ceyaka Otonwe property
Dear Ms. Rosen:
The Shakopee Mdewakanton Sioux Community(SMSC)requests that the United States
government accept the Inyan Ceyaka Otonwe parcels into trust and declare it part of the SMSC
reservation. These parcels are located within the City of Prior Lake, Scott County, Minnesota,
and are adjacent to both existing Tribal trust and reservation land.
The fee-to-trust acquisition package is enclosed. If you require any further information, please
contact Stanley Ellison, Director of Land and Natural Resources, at (952) 496-6158.
Sincerely,
I.SC . -,-,p),,_
Stanley A. Ellison
Enclosures
Scott County,Minnesota al
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SHAKOPEE MDEWAKANTON SIOUX COMMUNITY
WRITTEN REQUEST FOR TRUST ACQUISITION
OF THE INYAN CEYAKA OTONWE PARCELS
The undersigned elected officials of the Shakopee Mdewakanton Sioux Conununity, acting
under authority delegated by the General Council, hereby submit this written request to the,
Secretary of the Interior, to acquire fee land owned by the Community to be held by the
United States in trust for the Community.
i
TABLE OF CONTENTS
1. INTENT OF APPLICATION 1
1.1. INTRODUCTION 1
1.2. REQUEST FOR TRUST ACQUISITION 1
2. DESCRIPTION OF LAND 1
2.1. TABLE 1,INYAN CEYAKA OTONWE PARCELS INFORMATION 2
3. STATUTORY AUTHORITY FOR THE ACQUISITION 3
3.1. STATUTORY AUTHORITY 3
4. NEED OF THE TRIBE FOR THE ADDITIONAL LAND 4
4.1. TRIBAL HOUSING AND CULTURAL RESTORATION 4
4.2. SELF-DETERMINATION 4
5. PURPOSES FOR WHICH THE LAND WILL BE USED 4
5.1. TRIBAL HOUSING 4
5.2. SELF-DETERMINATION AND SOVEREIGNTY 6
6. IMPACT ON THE STATE AND ITS POLITICAL SUBDIVISIONS RESULTING
FROM THE REMOVAL OF THE LAND FROM THE TAX ROLLS 6
6.1. TABLE 2, SUBJECT PARCEL PROPERTY TAX BREAKDOWN 1
6.2. TABLE 3,PERCENT OF SUBJECT PARCEL PROPERTY TAXES ON COUNTY&CITY
REVENUE 1
6.3. TABLE 4,INTER-GOVERNMENTAL AID 2
6.4. TABLE 5,TRIBAL CONTRIBUTIONS TO SCOTT COUNTY ECONOMY(IN MILLIONS) 3
7. JURISDICTIONAL PROBLEMS AND POTENTIAL CONFLICTS OF LAND
USE3
8. ADDITIONAL RESPONSIBILITIES THAT MAY ACCRUE TO THE BUREAU
OF INDIAN AFFAIRS 5
9. INFORMATION REGARDING 516 DM 6,APPENDIX 4, NATIONAL
ENVIRONMENTAL POLICY ACT AND 602 DM 2,LAND ACQUISITIONS:
HAZARDOUS SUBSTANCES DETERMINATIONS 5
9.1. PHASE I ENVIRONMENTAL SITE ASSESSMENT 5
9.2. NATIONAL ENVIRONMENTAL POLICY ACT 6
9.3. PHASE I ARCHEOLOGICAL SURVEY 6
9.4. ENDANGERED SPECIES ACT 6
10. REFERENCES 6
11. APPENDIX A,BUSINESS COUNCIL AND GENERAL COUNCIL
RESOLUTIONS 7
ii
12. APPENDIX B, REAL ESATE DOCUMENTS 7
13. APPENDIX C,ENVIRONMENTAL COMPLIANCE DOCUMENTS 7
14. PLATES 7
14.1. PLATE 1,REGIONAL LOCATION MAP 7
14.2. PLATE 2,SUBJECT PARCEL LOCATION MAP 7
14.3. PLATE 3,SUBJECT PARCEL PROPOSED LAND USE 7
14.4. PLATE 4,CITY FOR PRIOR LAKE 2030 MAP 7
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1. INTENT OF APPLICATION
1.1. Introduction
This document constitutes a formal written request by the Shakopee Mdewakanton Sioux
Community of Minnesota (hereinafter"the Tribe") for the United States of America to acquire
218.65 acres,more or less, of land in trust for the Tribe. The Tribe is a federally recognized
Indian Tribe organized under Section 16 of the Indian Reorganization Act (IRA) (Department of
the Interior,2015).
1.2. Request for Trust Acquisition
The Business Council of the Tribe, acting under the authority delegated by the General
Council (Appendix A), hereby requests the Secretary of the Interior to acquire the Inyan Ceyaka
Otonwe parcels in trust for the Tribe consisting of approximately 218.65 acres. These parcels
are also known as the former Hecker, Sakuma, Micko and Menden2 properties, in Scott County,
Minnesota (collectively the"ICO parcels").
The ICO parcels are currently owned in fee simple absolute by the Tribe and arc adjacent
and contiguous to existing Tribal trust and reservation lands (Plates 1 and 2). The Tribe also
owns fee simple land adjacent and to the north of the ICO parcels. The Tribe's written request is
an on-reservation acquisition under 25 CFR § 151.10.
2. DESCRIPTION OF LAND'
In the nineteenth-century, a Dakota village, Inyan Ceyaka Otonwe(Little Rapids
Village), was located near present day Jordan, Scott County, Minnesota. This Village located
along the banks of the Minnesota River seven miles southwest of the historic village site of SAK
PE village of the Mdewakanton Dakota. Today's Tribal members are descendants of SAK PE's
band. The ICO parcels are the most southwestern portion of current Tribal lands, and the
proposed residential subdivision is named Inyan Ceyaka Otonwe in honor of the historic
village's location.
The ICO parcels are situated south of County State Aid Highway 82 (CSAH 82) and east
of Howard Lake in the City of Prior Lake("the City"), Scott County ("the County"), and the
State of Minnesota.
A total of 25 individual tax property identification numbers make up the ICO parcels. All
of them are located in the City. Table 1. The full legal descriptions are described on an ALTA
' 25 C.F.R. § 151.9
Land Title Surveys, dated 09 June 2015 (Micko), 09 June 2015 (Sakuma), 09 June 2015
(Hecker), 09 June 2015 (Menden2) by Bolton& Menk, Inc. for each respective parcel.
Appendix B. A draft trust warranty deed for the ICO parcels contains a legal description that
matches each ALTA survey. Appendix B.
2.1. Table 1, Inyan Ceyaka Otonwe parcels information
Former Parcel Acres Property ID Municipality
Name No. (PID)
Hecker 47.18 25-204-0011 City of Prior Lake
25-320-0160 City of Prior Lake
25-905-0020 City of Prior Lake
Salman 72.72 25-933-0060 City of Prior Lake
25-933-0061 City of Prior Lake
25-933-0062 City of Prior Lake
25-933-0030 City of Prior Lake
Micko 2.79 25-933-0020 City of Prior Lake
Menden2 95.96 25-932-0170 City of'Prior Lake
25-905-0180 City of Prior Lake
25-933-0016 City of Prior Lake
25-904-0180 City of Prior Lake
25-933-0010 City of Prior Lake
25-905-0170 City of Prior Lake
25-904-0190 City of Prior Lake
25-933-0013 City of Prior Lake
25-933-0015 City of Prior Lake
25-904-0160 City of Prior Lake
25-932-0172 City of Prior Lake
25-933-0011 City of Prior Lake
25-932-0173 City of Prior Lake
25-904-0170 City of Prior Lake
25-932-0171 City of Prior Lake
25-933-0012 City of Prior Lake
25-905-0190 City of Prior Lake
Total acres: 218.65
Data source: Scott County, 2015.
The ICO parcels contain a mixture of woodlands, wetlands, fields, and agricultural lands, as
well as two older residential homes and some agricultural buildings, all typical of undeveloped
land in the area. All the buildings are slated for demolition in 2015. All existing wells on are
slated for sealing in 2015. The ICO parcels are adjacent to City land containing single family
homes to the south. The land contains the eastern shoreline of I-Ioward Lake. And to the east is
rural City residence and a City/County Park. To the North, adjacent Tribal trust land is
developed with Dakotah! Sport and Fitness, the Dakotah! Ice Arena, and Playworks—an indoor
play center and daycare.
3. STATUTORY AUTHORITY FOR THE ACQUISITION2
3.1. Statutory Authority
The Supreme Court recently confirmed that the fee to trust process "provides the proper
avenue" for an Indian Tribe "to reestablish sovereign authority over territory." City of Sherrill v.
Oneida Indian Nation, 125 S.Ct. 1478, 1494 (2005). Section 5 of the IRA provides clear
statutory authority for acquisitions of land in trust for Indian Tribes. "Acquisition of land in trust
for Indian Tribes and individuals is authorized by the Indian Reorganization Act, 25 U.S.C. §
465." Georgiana Kautz v. Portland Area Director, BIA, 19 IBIA 305, 308 (1991). Under the
IRA, Indian Tribes can purchase land and request the Secretary of the Interior to place the land in
trust pursuant to §465. Chase v. MeMasters, 573 F.2d 1011, 1015-16 (8th Cir. 1978); City of
Sault Ste. Marie, Mich. v. Andrus, 532 F. Supp. 157, 162 (D.D.C. 1980). Section 5 of the IRA,
25 U.S.0 § 465, provides the statutory authority for this acquisition.
Regulations implementing § 465 are found at 25 C.F.R. Part 151. McAlpine v. United
States, 112 F.3d 1429, 1431 (10`1' Cir. 1997). While 25 U.S.C. § 465 vests the Secretary with
discretion to make trust acquisition determinations, that discretion is guided by the implementing
regulations and requires that the Secretary's"final decision should be reasonable in view of its
overall analysis of the factors listed in section 151.10." Ross v. Acting Muskogee Area Director,
BIA, 18 IBIA 31, 34 (1989); McAlpine v. Muskogee Arca Director, BIA, 19 IBIA 2, 6 (1990).
This request is within the scope of the regulations governing trust acquisitions by the
United States, and fulfills the policy as articulated at 25 C.F.R. § 151.3(a)(1)-(3). First, statutory
authorization for the acquisition is found at 25 U.S.C. § 465, et seq., thus satisfying the
requirement of 25 C.P.R. § 151.3. Second, in accordance with 25 C.F.R. § 151.3(a) (1), the
25 C.F.R. § 151.10 (a)
Tribe owns this parcel in fee simple absolute. Third, as set forth in 25 C.F.R. § 151.3(a)(2), this
parcel is adjacent and contiguous to the Tribe's reservation. Fourth, the Tribe's request is
necessary to facilitate self-determination and Indian housing.
4. NEED OF THE TRIBE FOR THE ADDITIONAL LAND
4.1. Tribal housing and cultural restoration
Communal living on the land in this area over time is an essential component of Dakota culture.
Dakota people have suffered significantly from U.S. government Indian policies that forced them
from their lands and away from each other. The separation of Dakota people from their relatives
and land was an important aspect in attempts to destroy Dakota culture. The Tribe recognizes
the damage caused by separation. Today, the need to live in close proximity with relatives on its
own inalienable land is imperative as the Tribe seeks to restore and sustain its culture.
4.2. Self-determination
Historic Federal and State of Minnesota policies and actions sought to enervate Dakota
people by making critical decisions for them that frequently resulted in the loss of Dakota
identity, culture, and assets. Today,the United States supports the right of a tribe to govern
themselves. In order to legitimately govern its own affairs, the Tribe needs to be the sole
jurisdiction responsible over its own resources and future. The trust acquisition process affords
the only avenue for the Tribe to fully obtain its right of self-governance. In this case, the Tribe is
acting to secure inalienable lands to allow for its members to live in close proximity to one
another to restore and sustain its culture for generations.
5. PURPOSES FOR WHICH THE LAND WILL BE USED4
5.1. Tribal housing
The Tribe intends to use the ICO parcels for Tribal housing to meet a portion of its future
housing demand. The Tribe has a set planning process for the establishment of Tribal housing.
Land is held by the Tribe, and enrolled Tribal members are eligible for a Tribal land assignment
at the age of 18; at this point they can establish a new household. Approximately one-half of all
enrolled members are under the age of 18. Demographic projections indicate this trend will
continue into the foreseeable future. As of March 15, 2015, the Tribe's trust land base contains
294 residential lots. Actual known demand will be for an additional 250 housing units by 2030.
Figure 1. By 2050, the Tribe will need a total of 1097 housing units. Our long-term projections
'25 C.F.R. 5 151.10 (b)
425 C.F.R. § 151.10 (c)
take in account Tribal member death, which opens up existing land assignments. The proposed
residential development on the ICO parcels will meet a portion of most immediate need for
additional Tribal residential lots.
Figure 1, Additional Demand
300 l
250 _ _ ,--
200
150
1
100 ----- ,
.
50 —
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0
2014 2016 2018 2020 2022 2024 2026 2028 2030 2032 2034
Figure 1—Additional Housing Demand. Actual demand based on current living members who are under
the age of 18 and will become eligble for establishing a household when they turn 18.
The proposed residential development will contain all the typical components of housing
developments in this area. The ICO parcels currently contain a tiled and drained wetland that
may be negatively affecting the water quality in pond to the south. Consistent with Tribal
philosophy,this portion of the site will be restored rather than developed. After consideration of
the wetland restoration and lakeshore setbacks, the site will be able to provide approximately 70
residential lots. Plate 3. All infrastructure and services for the residential development and
wetland restoration will be provided by the Tribe.
Like other governments in the area, the Tribe looks for the most fiscally responsible ways
to provide goods and services to its members and to utilize its land base in a self-determined
highest and best use. The subject parcel is adjacent to existing Tribal drinking water and sanitary
sewer infrastructure, making it economical to provide new Tribal housing units needed through
2019 on the ICO parcels. Furthermore, development of the ICO parcels increases the practicality
of extending drinking water and sanitary sewer access to an adjacent undeveloped Tribal trust
tract,411-T-1014, also known as the former Tessmer parcel, which may also be used for
additional housing.
5.2. Self-determination and sovereignty
The Tribe cannot fulfil its long-term responsibilities as a sovereign government unless it
has jurisdiction over its own land. A trust acquisition provides the Tribe with the greatest level
of jurisdictional uniformity and stability. In this case, the responsibilities are housing(cultural
restoration),platting, land assignment, building code enforcement, a safe and clean drinking
water supply, efficient sanitary sewer, adequate fire protection, and roadway maintenance. The
Tribe provides these services at its own expense and at no cost to the State or local governments.
Further, the governmental systems and infrastructure ought to be under the Tribe's jurisdiction,
which is the government providing the service. The Tribe has the regulations, staffing,
equipment, and resources necessary to meet its governmental obligations to Tribal members and
overall public safety.
6. IMPACT ON THE STATE AND ITS POLITICAL SUBDIVISIONS RESULTING
FROM THE REMOVAL OF THE LAND FROM THE TAX ROLLS5
The property taxes paid on the ICO parcels (Table 2), represents less than 0.04%of the
respective budgets of the County or City(Table 3). In 2015, the property taxes paid on the ICO
parcels was$56,144. This amount is the full extent of tax revenue loss resulting from the
removal of the ICO parcels from the tax rolls to the state and its political subdivisions.
Evaluating the current level of tax payment is the proper measure of tax impact. The Tribe will
provide for all the proposed infrastructure and services required by the proposed development, at
no cost to the State or local governments.
525 C.F.R. § 151.10 (e)
6 State of South Dakota v. U.S. Department of the Interior, 423 F.3d 790 (8th Cir. 2005). The
Eighth Circuit Court of Appeals recently upheld a determination that an annual tax loss of
$2,587.02 is not significant. Id. at 801-02.
6.1. Table 2, Subject Parcel Property Tax Breakdown
Parcel
Year Tax Scott County Spring Lake City of Prior Lake State Other's
Township
2015 $56,144 $18,321 $0 $15,247 $0 $22,576
2014 $35,900 $11,826 $0 $8,559 $0 $15,515
2013 $32,477 $10,330 $0 $7,627 $0 $14,521
2012 $29,634 $9,717 $663 $6,259 $0 $12,995
2011 $28,159 $8,815 $599 $6,226 $0 $12,816
2010 $29,359 $9,297 $495 $6,998 $0 $12,569
2009 $30,935 $9,925 $382 $7,459 $0 $13,169
2008 $22,764 $7,681 $327 $5,757 $0 $8,999
Data Source: Scott County Property Tax Statements.The City annexed land formerly in Spring Lake Township.
* Includes school district, special taxing districts,and non-school levies.
6.2. Table 3, Percent of Subject Parcel Property Taxes on County & City Revenue
Year Scott County % of County City of Prior % of Prior
Revenue Revenue Lake Revenue Lake
Revenue
2013 $116,884,691 0.0088 $19,067,723 0.0400
2012 $116,120,975 0.0084 $19,549,504 0.0320
2011 $125,565,140 0.0068 $15,987,684 0.0389
2010 $120,830,212 0.0077 $16,934,217 0.0413
2009 $114,844,118 0.0086 $15,052,562 0.0496
2008 $109,172,184 0.0070 $15,430,611 0.0373
Data Source: State of Minnesota Auditors Office(2015). The most recent data of
County and City revenues is 2013.
For three decades, the Tribe has had a contractual agreement with the City to provide
emergency services on trust lands. Beyond that, the Tribe has proven to be a reliable partner in
directly contributing an equitable share towards government projects that the Tribe has an
interest. Table 4.
Perhaps more important, the Tribe has stepped forward to contribute to non-Tribal
government projects where a need has been identified but funding was not available, such as
improving the interchange on U.S. Highway 169 in Belle PIaine (Scott County) and improving
local recreational trails. The Tribe has also provided a much desired additional sheet of ice in the
area, something typically funded through a local tax levy. The Dakotah! Ice Center is the home
ice arena for the Prior Lake High School hockey team and Prior Lake youth hockey. Through a
mutual agreement, the cities of Prior Lake, Shakopee, and Savage deposit residential yard waste
at Tribe's Organic Recycling Facility at no cost. The Prior Lake-Savage School District 719
deposits its food waste disposal at a reduced rate, allowing it to increase the amount of organic
material its schools recycle.
6.3. Table 4, Inter-governmental Aid
Item Contribution Item Contribution
1996 Scott County Sirens $ 60,000 2004 Scott County Transit $ 5,000
Shakopee McKenna 2004, Shakopee SCALE
1996 Road $ 242,095 5 247,386
Training 2013 'I'acilit y
1996-2004 Blue Lake Sewer $ 482,550 2006 Prior Lake Ryan $ 450,000
AccessPark
1996, Prior Lake Fire 49,668 2006 Highway Patrol$ $ 62,814
1998-2000 Department Donation Defibs
1996-2009 Blue Lake Wastewater $4,751,175 2006-2008 Scott County CR 82 $ 1,664,276
Treatment Upgrade
Prior Lake Police and Prior Lake/Spring
1996-2013 $5,928,992 2008-2009 Lake Channel $ 176,167
Fire
Improvement
1998 Scott County CR 42 $ 300,000 2010-2013 Scott County CR 83 $4,109,467
Upgrade Upgrade(4 lane)
1998-2000 Scott County CR 83/ $ 443 805 2011 Scott County $ 1,505,000
21 CR42/17
Scott County CR 42/ Chiefs of Police
1998-2003 83 $2,525,546 2012 Assoc.within Scott $ 17,000
County training
1998-2004, Scott County General purpose
Agreement
$3,192,500 2013 grants to 5 cities and $ 900,000
2008-20131 county
Trails grants to Scott
1999-2000 Shakopee Parks $ 70,233 2014 $ 350,000
County cities
2000,2008 Scott County CR 83 $ 514,715 2013-2015 Shakopee Police $ 255,000
Overlay Agreement
2002 Prior Lake Skate Park $ 25,000 2015 TH 169 Additional $ 1,500,000
Lane
1996-2015 Total $ 29,778,389
Data Source: Tribal accounting.
The Tribe has a sustained record of contributing to the local economy. The Tribe is the
largest employer in the County, and many of its employees are also City and County residents.
The income of these employees is an integral part of the County's economy. In addition, the
Tribe also purchases goods and services from Scott County-based vendors, which positively
impacts the health of the local economy. Table 5.
6.4. Table 5,Tribal Contributions to Scott County economy (in Millions)
2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Vendor
payments in $8.2 $ 9.4 $9.4 $12.3 $17.7 $15.3 $9.5 $11.9 $10.2 $6.8 $9.6
Scott County
Payroll paid to
Scott County $53.8 $54.1 $51.7 $56.9 $62.5 $70.6 $65.1 $72.4 $69.5 $70.2 $77.4
residents
Data source:Tribal accounting and payroll. Data includes payments and payroll from all Tribal enterprises and
government activities. Numbers are rounded.
7. JURISDICTIONAL PROBLEMS AND POTENTIAL CONFLICTS OF LAND USE7
The City's 2030 planned use map proposes low-density residential housing for the ICO
parcels. Plate 4. This is the same land use proposed by the Tribe. Plate 3. Both proposed land
uses are compatible with the surrounding area. Plate 1. The Tribe previously worked with the
County and Three Rivers Park District on the placement of the trail connection on the eastern
half of the subject parcel. Trust application approvals are subject to existing easements, which
would include continued use of the trail.
Consistent with the Tribe's past practice, the Tribe approached the City in advance of this
application out of respect to discuss and create solutions to City plans related to roads,
infrastructure, and easements across the ICO parcels. The City previously identified a need for an
' 25 C.F.R. § 151.10 (f)
extension of Stemmer Ridge Road across the ICO parcels(City of Prior Lake,2014). The most
economical path for City sanitary sewer and drinking water infrastructure to serve future City
developments is across the ICO parcels. The Tribe presented a draft agreement addressing the
needs of the City in March, 2015.
• Road connection from Stemmer Ridge Road to CSAH 82. The City
and County have planned for this road connection since 2007. This road
would serve an existing City residential area, Spring Lake Regional Parks,the
proposed Tribal residential area, and future City developments in the area.
Plate 3. The proposed connection would be entirely on Tribal property. The
Tribe will pay for this road. To ensure long-term access for all roadway users,
the Tribe has proposed granting Stemmer Ridge Road as an easement to Scott
County with the Tribe maintaining the road.
The Tribe has no need for the Stemmer Ridge Road connection and its
presence reduces the amount of Tribal housing possible on the subject parcel.
This connection was offered in good faith recognizing the plans of the City.
The option of not providing the connection, creating a closed Tribal
residential area, was dismissed by the City in winter of 2014-15. The Tribe
has worked in good faith with the City to develop a workable solution.
• Drinking water and sanitary sewer. New developments by the Tribe or
the City require drinking water and sanitary sewer. The Tribe will pay for its
own drinking water and sanitary sewer costs. The shortest route for the City
to provide its own drinking water and sanitary sewer infrastructure to future
City developments in the area is through the ICO parcels. The Tribe has
extended an invitation for the City to extend its infrastructure across the ICO
parcels. All infrastructures would be located within the right of way for the
Stemmer Ridge Road extension.
Putting the land in trust gives clarity as to which jurisdiction's regulations and plans are
followed in the development of Tribal lands. Furthermore, it reduces the redundancy that is
'Based on County and City plans, it is likely that the current access to Spring Lake Regional
Park via CSAR 81, a gravel road,will be vacated in favor of a new access point. The Tribe is
working with the County and City to determine their preferred access.
created when two governments have jurisdiction over a single Tribal project. The Tribe will
continue to share information and create solutions to areas of mutual interest with its neighboring
jurisdictions through direct interaction or at community meetings as an active member of the
Scott County Association for Leadership and Efficiency (SCALE) and as an active member of
the Intergovernmental Working Group (IWG)10, a group that consists of the Tribe, the County,
the City, and the City of Shakopee.
8. ADDITIONAL RESPONSIBILITIES THAT MAY ACCRUE TO THE BUREAU OF
INDIAN AFFAIRS"
There will be a minor increase in the BIA road inventory mileage from the addition of the
residential subdivision roads. The BIA Real Estate Service office will also record the plat for the
proposed development. The Tribe may request BIA assistance for certain activities carried out
as part of the BIA trust responsibility, which involve land and environmental issues.
Accordingly, additional responsibility that may accrue to the BIA is nominal.
9. INFORMATION REGARDING 516 DM 6,APPENDIX 4, NATIONAL
ENVIRONMENTAL POLICY ACT AND 602 DM 2, LAND ACQUISITIONS:
HAZARDOUS SUBSTANCES DETERMINATIONS12
9.1. Phase I Environmental Site Assessment
Pinnacle, Inc. completed the Phase I Environment Site Assessments of the ICO parcels
and found no recognized environmental conditions; except for a 500 gallon underground storage
fuel oil tank (UST) emitting vapors on the former Micko parcel. Appendix C. Based on the
finding of a known environmental condition, Pinnacle consequently conducted a Phase II
Environmental Site Assessment. This assessment sampled soil borings and groundwater around
the UST. The near surface soil boring found chemical compounds consistent with a fuel oil
release. The release appears to have been limited as chemical compounds did not show up in the
groundwater or deeper soil borings. Appendix C. The Tribe will remediate the site by the
9 For example, in 2010, the Tribe made improvements to the Dolan parcel, which crossed both
Tribal trust and fee lands. Two sets of permits, two sets of inspections, and two different sets of
design parameters were met.
10 IWG is a staff-level platform to share and discuss areas of mutual interest between the parties
to reduce redundancy and or surprises including developments, transportation needs, land use,
environmental protection, and public services.
" 25 C.F.R. § 151.10 (g)
'225 C.F.R. § 151.10 (h)
summer of 2015. These assessments will require updating either by a contractor paid by the
Tribe and reporting to the BIA or by BIA staff. Appendix C.
9.2. National Environmental Policy Act
This trust acquisition request proposes a change in land use to the ICO parcels and is
accompanied by a separate federal Environmental Assessment. Appendix C.
9.3. Phase I Archeological Survey
Bolton and Menk, Inc. completed separate Phase I Archeological Reconnaissance
Surveys of the ICO parcels (Appendix C) and the recommended Finding of Fact is"No Historic
Properties Affected." The Tribe's Cultural Resources Department has reviewed the Phase I
Archeological surveys and the Environmental Assessment and the Cultural Resources Director
agrees with the findings and only wishes to be informed if unexpected items are found during
development. Appendix C.
9.4. Endangered Species Act
The U.S. Fish and Wildlife Service list the Northern Long-Eared Bat as being present in
the County(USFWS,2015). The ICO parcels potentially contains summer roosting habitat for
the bat. The primary threat to the species is the White-nose syndrome disease which occurs in
their winter cave hibernacula. There are no caves on the subject parcel. The only limitation of
the proposed land use may be on the timing of tree clearing for the construction of Stemmer
Ridge Road to be outside the summering pupping season for the bat. Consultation letter,
Appendix C.
10. REFERENCES
City of Prior Lake. 2014. Feasibility Report: Stemmer Ridge Road Street and Utility
Improvement Project. Prepared by WSB &Associates, Minneapolis, MN. WSB Project No.
1964-14.
Department of the Interior, Bureau of Indian Affairs. 2015. Indian Entities Recognized
and Eligible to Receive Services from the United States Bureau of Indian Affairs. Federal
Register 80(9): 1942-1948.
Scott County,Minnesota. 2015. Property Tax Statements.
http://www2.co.scott.mn.us/PropertyTax/index.asp Accessed 9 March 2015.
Scott County, Minnesota Auditors Office. 2015. County, City and Town Financial Data
Search and Comparison. http://www.auditor.state.mn.us/Accessed 9 March 2015.
U.S. Fish and Wildlife Services. 2015. Endangered Species in Minnesota, County
Distribution of Federally-listed Threatened, Endangered, Proposed, and Candidate Species.
Accessed 21 May 2015 at
http://www.fws.gov/Midwest/endangered/lists/pdf/Min nesotaCtyListApri12015.pdf
11. APPENDIX A,BUSINESS COUNCIL AND GENERAL COUNCIL RESOLUTIONS
12. APPENDIX B,REAL ESATE DOCUMENTS
13. APPENDIX C,ENVIRONMENTAL COMPLIANCE DOCUMENTS
14. PLATES
14.1. Plate 1,Regional Location Map
14.2. Plate 2,Subject Parcel Location Map
14.3. Plate 3, Subject Parcel Proposed Land Use
14.4. Plate 4, City for Prior Lake 2030 Map