HomeMy WebLinkAbout09 25 2015 Meadows Fee to Trust Scott County,Minnesota
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SHAKOPEE MDEWAKANTON SIOUX COMMUNITY
WRITTEN REQUEST FOR TRUST ACQUISITION
OF THE MEADOWS PARCELS
The undersigned elected officials of the Shakopee Mdewakanton Sioux Community, 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.
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,MEADOWS PARCELS INFORMATION 2
3. STATUTORY AUTHORITY FOR THE ACQUISITION 2
4. NEED OF THE TRIBE FOR THE ADDITIONAL LAND 3
4.1. ECONOMIC DEVELOPMENT 3
4.2. CULTURAL RESTORATION 3
4.3. SURFACE WATER DRAINAGE 4
4.4. SELF-DETERMINATION 4
5. PURPOSE FOR WHICH THE LAND WILL BE USED 4
5.1. ECONOMIC DEVELOPMENT:GOLF COURSE 4
5.2. CULTURAL IDENTITY 5
5.3. TRIBAL HOUSING 5
5.4. SURFACE WATER DRAINAGE 5
5.5. SELF-DETERMINATION AND SOVEREIGNTY 5
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,TAX BREAKDOWN 6
6.2. TABLE 3,PERCENT OF MEADOWS PARCEL PROPERTY TAXES TO COUNTY&CITY
REVENUE 7
6.3. TABLE 4, INTER-GOVERNMENTAL AID 8
6.4. TABLE 5,TRIBAL CONTRIBUTIONS TO SCOTT COUNTY ECONOMY(IN MILLIONS) 9
7. JURISDICTIONAL PROBLEMS AND POTENTIAL CONFLICTS OF LAND
USE9
S. ADDITIONAL RESPONSIBILITIES THAT MAY ACCRUE TO THE BUREAU
OF INDIAN AFFAIRS 10
9. INFORMATION REGARDING 516 DM 6,APPENDIX 4,NATIONAL
ENVIRONMENTAL POLICY ACT AND 602 DM 2,LAND ACQUISITIONS:
HAZARDOUS SUBSTANCES DETERMINATIONS 10
9.1. PHASE I ENVIRONMENTAL SITE ASSESSMENT 10
9.2. NATIONAL ENVIRONMENTAL POLICY ACT 10
9.3. PHASE I ARCHEOLOGICAL SURVEY 10
9.4. ENDANGERED SPECIES ACT 1 1
10. REFERENCES 11
11. APPENDIX A, GENERAL COUNCIL RESOLUTIONS & ORDINANCE 1
12. APPENDIX B,REAL ESATE DOCUMENTS 1
12.1. PROPERTY CARDS ]
12.2. PROPERTY TAX STATEMENTS(2015,2013) 1
12.3. PROOF OF OWNERSHIP �
12.3.1. Certificate of Title I
12.3.2. Fee Warranty Deed I
12.4. PROPOSED TRUST WARRANTY DEED 1
12.5. TITLE COMMITMENT
12.5.1. Non-Interference Statement 1
12.5.2. Supporting Documents (listed by County Document Number) 1
12.6. ALTA SURVEY 3
13. APPENDIX C,ENVIRONMENTAL COMPLIANCE DOCUMENTS 3
13.1. PHASE 1 ENVIRONMENTAL SITE ASSESSMENT 3
13.2. NEPA BIA CATEGORICAL EXCLUSION 3
13.3. PHASE 1 ARCHEOLOGICAL SURVEY 3
13.4. WELL SEALING RECORDS 3
14. PLATES 4
14.1. PLATE 1,REGIONAL VICINITY MAP 4
14.2. PLATE 2,MEADOWS PARCEL LOCATION MAP AND CURRENT LAND USE 4
14.3. PLATE 3A,CITY OF PRIOR LAKE COMPREHENSIVE LAND USE 2030 MAP 4
14.4. PLATE 3B,CITY OF SHAKOPEE PROPOSED LAND USE MAP 4
ii
1. INTENT OF APPLICATION
1.1. Introduction
This document constitutes a formal written request by the Shakopee Mdewakanton Sioux
Community of Minnesota (the"Tribe")for the United States of America to acquire
approximately 250 acres of land in trust for the Tribe and declare that land to be a part of the
Tribe's reservation. The Tribe is a federally recognized Indian Tribe organized under Section 16
of the Indian Reorganization Act(IRA).
1.2. Request for Trust Acquisition
The Business Council of the Tribe, acting under the authority delegated by the General
Council. (Tribal Resolution, Appendix B), hereby requests the Secretary of the Interior to
acquire the Meadows land parcels in trust for the Tribe, which consist of approximately 250
acres in Scott County, Minnesota(the "Meadows parcels"). The Meadows parcels are adjacent
and contiguous to existing trust and reservation lands to the north and east. Appendix C, Plates 1
and 2. The Tribe also owns fee land to the south and west. The Tribe's written request is an on-
reservation acquisition under 25 CFR § 151.10.
2. DESCRIPTION OF LAND'
The land is located in a portion of Section 29 and the NW '/4 of Section 32, Township 115
North, Range 22 West of the Fifth Principal Meridian, containing 250 acres, more or less, within
the jurisdictional boundaries of the City of Shakopee, the City of Prior Lake( "the Cities"), Scott
County("the County"), and the State of Minnesota. The land lies within the historic residence
area of the SAK PE band of the Mdewakanton Dakota. It is approximately 4 miles south of the
center of the SAK PE Village site along the Minnesota River. A total of 11 current individual
tax property identification numbers make up the Meadows parcels. Table 1. The full legal
descriptions are described on the boundary survey by Bolton & Menk, Inc., dated July 20, 2015.
Appendix B. A draft trust warranty deed for the Meadows parcels contains a legal description
that matches the boundary survey. Appendix B.
When the Tribe bought back its land, some of the parcels had overlapping legal
descriptions. The U.S. government will not take land into trust without clear title. In preparation
for this fee to trust application, the Tribe undertook a Quite Title action in Minnesota District
court and proceeded to have the land registered with a Torrens Title in Scott County. This
Required under 25 C.F.R.§ 151.9.
1
process took over five years to complete. and resulted in consolidation of some parcels. To aid
reviewers of this application, the new and old parcel IDs are listed below. Table 1.
2.1. Table 1, Meadows parcels information
Current
Parcel Name Acres PID PID before Quite Title Municipality
RLS* 152 50.646 271820010 271820010 Shakopee
RLS 153Tract A 253010010 253010010 Prior Lake
RLS 153Tract B 61.059 253010020 253010020 Prior Lake
RLS 153 Tract C 253010030 253010030 Prior Lake
279290030(McKush)
RLS 217 50.646 274380010 279290040(Skraba) Shakopee
279290060(Monnens)
RLS 218 Tract A 259320060(Skraba)
36.857 255120010 259320120(McKush) Prior Lake
259320081 (McKush)
RLS 218 Tract B 5.434 255120020 259320081(McKush) Prior Lake
259320082(McKush)
Hatch 1.541 259320083 259320083 Prior Lake
Jeurissen(Link) 279290171 279290171 Shakopee
Jeurissen(Link) 66.724 279290020 279290020 Shakopee
Jeurissen(Link) 0.635 270510230 270510230 Shakopee
Total: 249.897
Data source: County property tax statements. Tribal GIS.
*RLS : Registered Land Survey
The Meadows parcels currently play an important role in the tribal community, its
culture, and its economy. The land provides a variety of land uses including: (1) the western
portion of the Meadows at Mystic Lake Golf Course, (2) auxiliary Wacipi (pow-wow) event
uses, such as guest and dancer parking, camping, and vendor spaces, (3)agricultural fields, and
(4)natural areas.
3. STATUTORY AUTHORITY FOR THE ACQUISITION2
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. §
2 Required under 25 C.F.R.§ 151.10(a).
2
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. McMasters, 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 (10th 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 Area 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.F.R. § 151.3. Second, in accordance with 25 C.F.R. § 151.3(a)(1), the 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,economic development,and Tribal housing.
4. NEED OF THE TRIBE FOR THE ADDITIONAL LANDS
4.1. Economic Development
Indian tribes are vulnerable when they rely too heavily on a single source of economic
development to support its government and economy. The Tribe recognizes that its current
economy is dependent on a single enterprise. Economic diversity is necessary to promote the
long-term health of the Tribe. The Tribe aims looks to ensure that resources will be available for
seven generations in the future. In this case, the Tribe seeks to foster diversity in its economy
and have the inalienable land base to continue that diversity for generations to come.
4.2. Cultural Restoration
Kinship has always been a significant principle of Dakota culture. Historic Federal and
State of Minnesota policies physically and legally separated Dakota relatives from one another,
which served to destroy Dakota culture. The Tribe recognizes the damage caused by separation.
3 25 C.F.R.§ 151.10(b).
3
Today,the need to provide a forum for relatives to visit and for Tribal members to live in close
proximity to one another on their own inalienable land is imperative as the Tribe seeks to restore
and sustain its culture.
4.3. Surface water drainage
The Dakota way is to ensure that resources are available for seven generations to come.
Water runoff has the potential to erode watercourses, flood land and other resources, and contain
contaminates. The Meadows parcels contain a wetland/stream complex that drains the largest
acreage of Tribal land holdings,carries the greatest volume of surface water run-off, and
discharges Tribal wastewater treatment effluent. There is a need for stewardship of water
resources, which the Tribe can provide.
4.4. Self-determination
Historic Federal and State of Minnesota policies sought to enervate Dakota people by
making critical decisions for them that frequently resulted in the loss of Dakota land, assets or
opportunities. Today,the Federal law and Congressional policy supports the right of a tribe to
govern themselves. In order to legitimately govern its own affairs,then 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 has determined to secure inalienable lands to diversity its economic development,to
facilitate cultural restoration through supporting social and ceremonial gatherings of relatives,
existing Tribal housing, and sound water resource management.
5. PURPOSE FOR WHICH THE LAND WILL BE USED.'
5.1. Economic Development: Golf Course
The Tribe currently uses a portion of the Meadows parcels to support the Tribe's need for
economic diversification. In 2002, The Tribe purchased from Donald and Betty McKush,the
Lone Pine Golf Course, which was located in close proximity to the Mystic Lake Casino. The
purpose of the acquisition was to diversify and develop the Tribal economy via a golf course
enterprise. The land has been a golf course since at least 1980. The Tribe reopened a completely
remodeled golf course in 2005. The location and physical characteristics of the Meadows
parcels make it particularly suitable for this type of enterprise. It is not possible for the Tribe to
move its golf course to another location. This application allows the Tribe to meet a portion of
4 25 C.F.R.§ 151.10(c).
4
the need for economic development and diversify the Tribal economy through a golf course
enterprise.
5.2. Cultural identity
Each year the Tribe hosts an annual Wacipi or pow-wow. A large field on the Meadows
parcels hosts a large portion of the camping area,cultural vendors,and parking lot for the event.
The Wacipi is a social gathering of relatives,visitors,dancers, and vendors. The ceremonial and
social gathering characteristic of the event helps support, grow,and foster cultural identity.
Something as simple as having a place to park or pitch a tent is essential to making and
maintaining these critical cultural connections.
5.3. Tribal housing
The Tribe requires that Tribal members reside on trust land as a condition of voting
membership. The Meadows parcels contain an existing residence at 15279 Howard Lake Road
in Prior Lake on PID 255120020. As the Tribal population has grown there is an increasing
demand for transitional housing. This existing housing unit will support the cultural necessity of
having community members live in close proximity to one another to maintain kinship bonds.
5.4. Surface water drainage
The Meadows parcels contain a major drainage outlet for Tribal lands. Since 1999,the
Tribe maintains a robust water quality sampling program to develop a relationship between land
use and water quality conditions, so as to mitigate water quality concerns(SMSC 2013). For
over 15 years, the Tribe has been sampling water quality at Stream Site 5,just west of the
Meadows parcels. Results of the sampling have allowed the Tribe to identify and address
concerns such as high nitrogen,phosphorus, sodium ion, and chloride ion levels, which they
have subsequently successfully lowered through stormwater ponding upstream and the
installation of a reverse osmosis unit in the Tribal drinking water supply system. The Tribe will
continue to be a steward of its water resources by governing this drainage complex.
5.5. Self-determination and sovereignty
The Tribe cannot fulfil its long-term responsibilities as a sovereign government unless it
has jurisdiction over its own land required to meet those responsibilities. A trust acquisition
provides the Tribe with the greatest level of jurisdictional uniformity and surety. In this case,
some of the responsibilities are economic development,public works, a safe and clean drinking
water supply,efficient sanitary sewer, and storm water management,building code enforcement,
5
and land assignments for Tribal housing. The Tribe provides these services at its own expense
utilizing government revenues and resources. The governmental systems and infrastructure
must 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
In 2015. the property taxes paid on the Meadows parcels was $98,328. In 2013,which is
the most recent data available, the property taxes paid on the Meadows parcels, represented less
than 0.05%of the respective budgets of the County or the Cities, or less than 0.0025 of
Minnesota's Property Tax Fund, which is just one of several taxing sources for the State of
Minnesota(Table 3). This amount is the full extent of tax revenue loss resulting from the
removal of the Meadows 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.6 The Tribe will
continue to provide for all the infrastructure and services required by the Meadows parcels,at no
cost to the State or local governments.
6.1. Table 2,Tax Breakdown
Year Parcel Scott County City, City, State Other*
Tax Prior Lake Shakopee
2015 $98,328 $19,843 $8,436 $10,524 $15,710 $41,025
2014 S104,075 $20,792 $7,966 $10,953 $16,822 $48,270
2013 $105,405 $20.948 $8,140 $10,799 $16,939 $48,984
2012 $94,966 $21,315 $8,175 $10,252 $7,295 $47,967
2011 $95,209 $19,902 $6,938 $11,602 $13,659 $43,108
2010 $104,110 $23,431 $8,498 $13,987 $13,961 $44,233
2009 $88,593 $19,302 $6,864 $10,541 $14,898 $36,910
2008 $70,544 $13.355 $5,455 $6,854 $15,517 $29,363
Data Source:Scott County Property Tax Statements.
* Includes school district,special taxing districts,and non-school levies.
5 Required under 25 C.F.R. § 151.10(e).
G State of South Dakota v.U.S. Department of the Interior,423 F.3d 790(8`h 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
6.2. Table 3, Percent of Meadows Parcel Property Taxes to County & City Revenue
%of % of City, State Property
Year Scott County County City of Prior Prior Shakopee % City, Tax Fund Q
Revenue Revenue Lake Revenue Lake Revenue Shakopee Revenue
Revenue
2013 $116,884,691 0.0179 $19,067,723 0.0427 $26,144,527 0.0413 $811,388,000 0.0021
2012. $116,120,975 0.0184 $19,549,504 0.0418 $27,335,996 0.0375 $799,333,000 0.0091
2011 $125,565,140 0.0158 $15,987,684 0.0434 $26,472,440 0.0438 $766,936,000 0.0018
2010 $120,830,212 0.0194 $16,934,217 0.0502 $24,059,253 0.0581 $766,831,000 0.0018
2009 $1 14,844,1 18 0.0168 $15,052,562 0.0457 $23,848,225 0.0442 $729,373,000 0.0020
2008 $109,172,184 0.0122 $15,430,611 0.0354 $24,923,096 0.0275 $704,246,000 0.0022
Data Source: State of Minnesota Auditors Office(2015). The most recent County,
City, State Property Tax revenues available is 2013.
7
The Tribe has proven to be a reliable partner in directly contributing an equitable share
towards government projects benefitting the Tribal and surrounding community. Table 5. For
three decades,the Tribe has had contractual agreements with the City of Prior Lake to provide
emergency services on trust lands. As the Tribe has begun to establish residential developments
with the City of Shakopee, the Tribe has also entered into contracts with the City of Shakopee.
The Tribe has contributed to non-Tribal government projects where a need has been
identified, but funding was not available. The following projects are normally funded through
increase in taxes (higher tax rate, bonds, or special levy), but were funded by the Tribe: the
inter-change on U.S. Highway 169 in Belle Plaine(Scott County); improving local trails;
providing an additional sheet of ice for the area(Dakotah! Ice Center); and depositing residential
yard waste at the Tribe's Organic Recycling Facility at no cost to the cities of Shakopee,Prior
Lake,and Savage,as well as food waste from the Prior Lake-Savage School District 719 at a
reduced rate.
6.3. Table 4,Inter-governmental Aid
Item Contribution Item Contribution
1996 Scott County Sirens $ 60,000 2004 Scott County Transit $ 5,000
1996 Shakopee McKenna 2004, Shakopee SCALE
$ 242095 $ 247,386
Road ,
2009-2013 Training Facility
1996-2004 Blue Lake Sewer $ 482,550 2006 Prior Lake Ryan $ 450,000
Access Park
1996, Prior Lake Fire Highway Patrol
1998-2000 Department Donation $ 49,668 2006 $ 62,814
Defibrillators
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
1998-2003 Scott County CR 42/ Chiefs of Police
83 $2,525,546 2012 $ 17,000
Assoc.within Scott
8
County training
1998-2004, Scott County General purpose
Agreement
$3,192,500 2013 grants to 5 cities and $ 900,000
2008-20131 county
1999-2000 Shakopee Parks $ 70,233 2014 Traits grants to Scott $ 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 S 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 County or City residents.
The income from these employees, as well as the tax derived from that income, 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 local economy. Table 6.
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 $77.4
residents
Data source:Tribal accounting and payroll. Data includes payments and payroll from all Tribal enterprises and
government activities. Numbers are rounded.
7. JURISDICTIONAL PROBLEMS AND POTENTIAL CONFLICTS OF LAND USE'
The Meadow parcels have contained a golf course, auxiliary Wacipi (pow-wow)uses,
agricultural fields, storm drainage, and natural areas for a number of years without conflict.
7 Required under 25 C.F.R.§ 151.10(f)
9
Because no change in land use is proposed and the location of this land relevant to other Tribal
trust land,trust status will prevent rather than create jurisdictional problems. The efficient
economic development of the Meadows at Mystic golf course enterprise will continue to present
challenges if it remains subject to three jurisdictions: Tribal trust,City of Shakopee, and City of
Prior Lake. For example, providing guest amenities such as restroom facilities and food and
beverage services has required a duplication of efforts by different jurisdictions(Tribal and
Indian Health Services vs. City and Minnesota Department of Health). If the United States
government acquires the land in trust for the Tribe,there would be increased clarity on
jurisdiction, legal,and liability issues.
8. ADDITIONAL RESPONSIBILITIES THAT MAY ACCRUE TO THE BUREAU OF
INDIAN AFFAIRS$
Additional responsibilities that may accrue to the BIA are minimal to non-existent, as
golf courses, wetlands, and agricultural fields do not generally require BIA services.
9. INFORMATION REGARDING 516 DM 6,APPENDIX 4,NATIONAL
ENVIRONMENTAL POLICY ACT AND 602 DM 2,LAND ACQUISITIONS:
HAZARDOUS SUBSTANCES DETERMINATIONS9
9.1. Phase I Environmental Site Assessment
Pinnacle Engineering completed a Phase I Environment Site Assessment of the Meadows
Parcels on 26 June 2015. Pinnacle found no recognized environmental conditions. Appendix C.
This survey will require updating either by a contractor paid by the Community and reporting to
the BIA or by BIA staff.
9.2. National Environmental Policy Act
The Department of the Interior, Bureau of Indian Affairs, categorically excludes land
conveyance requests from further environmental review where there is no change in land use.
Appendix C.
9.3. Phase I Archeological Survey
Bolton and Menk, Inc. completed separate Phase I Archeological Reconnaissance
Surveys of the Meadows parcels in 2009 and the recommended Finding of Fact is"No Historic
Properties Affected." Given that there is no change in the proposed land use,the Tribe's
8 Required under 25 C.F.R.§ 151.10(g)
9 Required under 25 C.F.R.§ 151.10(h)
10
Cultural Resources Department agreed with this finding and determined a Finding of No
Significant Impact for placing this parcel into trust.Appendix C.
9.4. Endangered Species Act
The U.S. Fish and Wildlife lists the Northern Long-Eared Bat as a threatened species
occurring in Scott County (US Fish and Wildlife Services, 2015). There is about 13 acres of
potential Northern Long-Eared Bat summer roosting habitat on the Meadows parcels, but there is
no proposal to alter the habitat. The USFWS has determined that there are no adverse effects of
the proposed federal action on the Northern long-eared bat and formal consultation was not
required (US Fish and Wildlife Services,2008).
10.REFERENCES
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. 2014. Property GIS & Land. Land Records.
http://www.county.scott.mn.ust
Scott County, Minnesota Auditor Office. 2012. City and County Financial Database.
http://www.auditor.state.mn.us/
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/M idwest/endangered/lists/pdf/M innesotaCtyListApri 12015.pd f
U.S. Fish and Wildlife Services. 2008. Endangered Species Consolation Handbook,
Procedures of conducting Consolation and Conference Activities Under Section 7 of the
Endangered Species Act.
11
11. APPENDIX A, GENERAL COUNCIL RESOLUTIONS & ORDINANCE
12. APPENDIX B, REAL ESATE DOCUMENTS
12.1. Property Cards
12.2. Property Tax Statements (2015,2013)
12.3. Proof of Ownership
12.3.1. Certificate of Title
12.3.1.1. RLS 217
12.3.1.2. RLS 218
12.3.2. Fee Warranty Deed
12.3.2.1. Hatch
12.3.2.2. Juerissen (Link)
12.3.2.3. McKush (RLS 152. RLS 153, and part of RLS 217 /RLS 218)
12.4. Proposed Trust Warranty Deed
12.5. Title Commitment
12.5.1. Non-Interference Statement
12.5.2. Supporting Documents (listed by County Document Number)
County
Likely Affected
Document Date Type
Parcel
Number
40629 14 August 1987 Highway Easement RLS 218
118037 11 September 1968 Warranty Deed Hatch
120265 10 March 1968 Grant of Right of Easement RLS 218
138040 8 June 1973 Warranty Deed with ingress/ Juerissen(Deer ievs Acres
Outlot A)
egress
127641 21 Feb 2002 Aboveground Storage Tank RLS 152 & 153
Affidavit
153764 10 Sept 1973 Right-of-Way Easement RLS 218
173299 23 Dec 2005 Right-of-Way Plat No. 29 RLS 218, RLS 153
CSA1-1 82
191043 9 Feb 1983 Warranty Deed with roadway Hatch
easement
191044 9 Feb 1983 Warrant Deed with roadway Hatch
easement
197760 2 Dec 1983 Quit Claim Deed RLS 218 Tract B
214819 31 Oct 1985 Common Well Declaration* RLS 218 Tract B
231321 31 Oct 2014 Order and Decree RLS 217 & 218
233197 9 April 1987 Easement and Well RLS 218 Tract B
Agreement*
238144 26 Aug 1987 Highway Easement RLS 218
239154 21 Sept 1987 Highway Easement RLS 218
239890 2 October 1987 Conveyance of Forfeited Juerissen(Deervies\Acres
Lands Oudot A)
281672 10 May 1991 Quit Claim Deed, Water RLS 218 Tract B
Service Line and Well
Agreement*
282297 9 April 1991 Quit Claim Deed,access to Hatch and RLS 218
non-Tribal Land through Tract B
Tribal Land
284832 29 July 1991 Affidavit* RLS 218 Tract B
352899 23 May 1995 Final Certificate RLS 218
355666 34 July 1995 Application to Register Title RLS 152 or 153
to Certain Land
371643 17 May 1996 Application to Register Title RLS 152 or 153
to Certain Land
372397 31 May 1996 Amended Application to RLS 152 or RLS
Register Title to Certain Land 153
539163 21 Feb 2002 Aboveground Storage Tank RLS 218
Affidavit**
539164 21 Feb 2002 Warranty Deed RLS 218 and RLS
217 (RLS 152, RLS
153)
628922 07 Oct 2003 Conditional Use Permit*** RLS 218, RLS 153
T231322 31 October 2014 Registered Land Survey 217 RLS 217 (McKush,
Monnens, Skraba)
T231323 31 October 2013 Registered Land Survey 218 RLS 218 (McKush,
Skraba)
*Common well no longer used as Tribal residence is now supplied by Tribal water
supply, but the document is listed in the Certificate of Title.
**The Tribe had these aboveground ground storage tanks removed, but this document is
listed in the Certificate of Title.
***Conditional Use Permit has expired.
12.6. ALTA Survey
13. APPENDIX C, ENVIRONMENTAL COMPLIANCE DOCUMENTS
13.1. Phase 1 Environmental Site Assessment
13.2. NEPA BIA Categorical Exclusion
13.3. Phase 1 Archeological Survey
13.4. Well Sealing Records
14. PLATES
14.1. Plate 1,Regional Vicinity Map
14.2. Plate 2, Meadows Parcel Location Map and Current Land Use
14.3. Plate 3A, Cite of Prior Lake Comprehensive Land Use 2030 Map
14.4. Plate 3B, City of Shakopee Proposed Land Use Map