HomeMy WebLinkAbout9B Fee To Trust Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: JANUARY 16, 2018
AGENDA #: 9B
PREPARED BY: FRANK BOYLES, CITY MANAGER
PRESENTED BY: FRANK BOYLES
AGENDA ITEM: CONSIDER APPROVAL OF A RESPONSE TO THE DEPARTMENT OF
THE INTERIOR, BUREAU OF INDIAN AFFAIRS REGARDING THE
PROPOSED FEE TO TRUST APPLICATIONS KNOWN AS MNI YASKAPI
MAKOCE AND WOZUPI II
DISCUSSION: Introduction
The purpose of this agenda item is to request city council approval of two
response letters to the Bureau of Indian Affairs regarding properties known
as Mni Yaskapi Makoce and Wozupi II.
History
The Shakopee Mdewakanton Sioux Community (SMSC) has received from
Scott County the 1.17 acres in Prior Lake PID 259330070 known as Mni
Yaskapi Makoce. In addition, the SMSC has acquired 127.56 acres in
Shakopee PID 279320100, 279320010 and 279320102 along with 5.59
acres in Prior Lake PID 259320010 known as Wozupi II.
A copy of the SMSC Applications to the Bureau of Indian Affairs was
previously shared with members of the city council and is also attached
herewith.
The SMSC is seeking to place these parcels in Trust with the Federal
Government and has asked for city input with respect to both applications.
On December 08, 2017, the United States Department of the Interior, Bureau
of Indian Affairs (BIA) sent a “Notice of (non-gaming) Land Acquisition
Application” to Scott County, Minnesota Department of Transportation, the
Governor’s Office, and the SMSC. On December 12, 2017, I sent a letter
requesting a 30-day extension which the BIA accepted confirming that our
response would be due on February 12, 2018.
Current Circumstances
Mni Yuskapi Makoce
The Mni Yuskapi Makoce application for Fee to Trust involves 1.17 acres
PID 259330070 located in the City of Prior Lake. This property is at the
corner of Howard Lake Boulevard and County Road 82. The parcel is located
within the property to be used for the construction of the joint water treatment
plant. The city has been aware that this property would have to be placed in
trust in order for the plant project to proceed.
2
The specific information sought by the BIA includes:
• Property Taxes. The water treatment parcel appears to be a remnant
ROW lot and no property tax payment was required so the city of
Prior Lake has not received a property tax payment for this parcel.
The property taxes levied by the City of Prior Lake on this parcel for
2017:
Parcel # 2017
259330070 $0.00
• Assessments. There are no existing assessments on this property.
• Services. The City provides all police services and joint powers
assistance for fire services to this property.
• Zoning. Parcel 259330070 is zoned A, Agriculture Use District. The
purpose of the "A" Agricultural Use District is to protect existing
agricultural investments until such time as public utilities may be
extended and there is a need for additional urban development. It is
also intended to provide for larger lots to ensure that the feasibility of
future urban development is not compromised. A Public Service
Structure such as a water treatment plant would be an appropriate
land use at this location.
Wozupi II
The W ozupi application for Fee to Trust involves 133.15 acres PID
279320100, 279320010, and 279320102 located in the City of Shakopee,
and 5.59 acre parcel PID 259320010 located in the City of Prior Lake the
below information is only related to the City of Prior Lake PID 259320010.
There is one house on this property and the application indicates that the
property would be used for housing and perhaps for support purposes for
the SMSC Wozupi Gardens.
The specific information sought by the BIA includes:
• Property Taxes. The property taxes levied by the City of Prior
Lake on these parcels for 2017 (this parcel also paid $140.23 in
non-school voter approved referenda levies in 2017):
Parcel # 2017
259320010 $1,338.78
• Assessments. There are no existing assessments on this
property.
• Services. The City provides all police services and joint powers
assistance for fire services to this property.
• Zoning. Parcel 259320010 is zoned A, Agriculture Use District.
The purpose of the "A" Agricultural Use District is to protect
existing agricultural investments until such time as public utilities
3
may be extended and there is a need for additional urban
development. It is also intended to provide for larger lots to
ensure that the feasibility of future urban development is not
compromised.
Conclusion
The staff has prepared a draft response for the city council to approve if
desired.
ISSUES: The draft responses prepared by the staff are only responsive to the
information requested by the BIA. The council could certainly add
information if desired. For example, the letter could be sent together with the
agenda report which is more comprehensive regarding the water treatment
plant and Wozupi Gardens. The council may wish to consider if and how it
would like to offer any additional information.
FINANCIAL
IMPACT:
Most of the municipal services to these properties are presently provided by
the SMSC and will continue to be. The city receives annual contributions
from the city to defray some of our costs associated with the provision of
police services.
ALTERNATIVES: 1) Motion and second to approve the city’s response regarding the Mni
Yuskapi Makoce and Wozupi II applications either as proposed or as
modified by the city council.
2) Take other action as appropriate.
RECOMMENDED
MOTION:
Alternative 1.
WRITTEN REQUEST FOR
TRUST ACQUISITION
MNI YUSKAPI MAKOCE
The elected officials of the Shakopee Mdewakanton Sioux Community, acting under authority
delegated by the General Council, hereby submit this written request to the United States
Government, Secretary of the Interior, to acquire fee land owned by the Community to be
held in trust for the Community and declare such trust land a part of the Shakopee
Mdewakanton Sioux Community’s reservation.
August 10, 2017
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, MNI YUSKAPI MAKOCE INFORMATION ......................................................... 2
3. STATUTORY AUTHORITY FOR THE ACQUISITION .......................................... 2
3.1. STATUTORY AUTHORITY ............................................................................................. 2
4. NEED OF THE TRIBE FOR THE ADDITIONAL LAND ......................................... 3
4.1. RELIABLE DRINKING WATER SUPPLY ........................................................................... 3
5. PURPOSES FOR WHICH THE LAND WILL BE USED .......................................... 3
5.1. RELIABLE DRINKING WATER SUPPLY ........................................................................... 3
6. IMPACT ON THE STATE AND ITS POLITICAL SUBDIVISIONS RESULTING
FROM THE REMOVAL OF THE LAND FROM THE TAX ROLLS .............................. 3
7. JURISDICTIONAL PROBLEMS & POTENTIAL CONFLICTS OF LAND USE . 4
8. ADDITIONAL RESPONSIBILITIES THAT MAY ACCRUE TO THE BUREAU
OF INDIAN AFFAIRS ............................................................................................................. 4
9. INFORMATION REGARDING 516 DM 6, APPENDIX 4, NATIONAL
ENVIRONMENTAL POLICY ACT AND 602 DM 2, LAND ACQUISITIONS:
HAZARDOUS SUBSTANCES DETERMINATIONS ......................................................... 4
9.1. PHASE I ENVIRONMENTAL SITE ASSESSMENT ............................................................. 4
9.2. NATIONAL ENVIRONMENTAL POLICY ACT .................................................................. 4
9.3. PHASE I ARCHEOLOGICAL SURVEY ............................................................................. 4
9.4. ENDANGERED SPECIES ACT ......................................................................................... 4
10. REFERENCES ............................................................................................................. 6
11. APPENDIX A, BUSINESS AND GENERAL COUNCIL RESOLUTIONS .......... 7
12. APPENDIX B, REAL ESATE DOCUMENTS .......................................................... 7
12.1. COUNTY PROPERTY CARDS ......................................................................................... 7
12.2. PROPERTY TAX STATEMENTS (2015, 2016, 2017) ....................................................... 7
12.3. OWNERSHIP DOCUMENTS ............................................................................................. 7
12.3.1. Document No. 434800—State of MN Deed, 01/05/1999 .................................... 7
12.3.2. Document No. A1030017—Scott County Deed, 01/12/2017 .............................. 7
12.3.3. Scott Country Resolution 2017-088, 06/06/2017 ............................................... 7
12.3.4. Scott Country Intent to Transfer Ownership Letter, 08/09/2017 ....................... 7
12.3.5. LDR Request, 07/27/17 ....................................................................................... 7
12.3.6. CIP Request, 07/27/17 ........................................................................................ 7
12.4. SURVEY ....................................................................................................................... 7
12.4.1. ALTA Survey ....................................................................................................... 7
12.5. TITLE COMMITMENT FOR MNI YUSKAPI MAKOCE, ORTE 744116, 05/30/2017 ......... 7
12.6. SUPPORTING DOCUMENTS ........................................................................................... 7
12.6.1. Document No. 271324, Road Easement (Scott Co/Menden), 06/12/1990 ......... 7
12.6.2. Document No. 247223. Court Order (Scott County) 06/02/1988 ...................... 7
12.6.3. Document No. 724836, Scott County Hwy ROW 12/23/2005 ............................ 7
12.6.4. Document No. 994976, Easement for Hwy 01/15/2016 ..................................... 7
12.6.5. Document No. 1008151, Amendment to Hwy Easement 08/16/2016 ................. 7
12.6.6. Document No. 434800, Right of Reversion 01/05/1999 ..................................... 7
12.7. DRAFT TRUST WARRANTY DEED ................................................................................ 7
13. APPENDIX C, ENVIRONMENTAL COMPLIANCE DOCUMENTS ................. 7
13.1. ESA_USFWS_CONSULTATION—03/11/2016 ............................................................ 7
13.2. FEDERALLY-LISTED THREATENED, ENDANGERED, PROPOSED, AND CANDIDATE
SPECIES (MN) ......................................................................................................................... 7
13.3. SMSC ACOUSTIC REPORT-NLEB—09/25/2015 ......................................................... 7
13.4. ENVIRONMENTAL SITE ASSESSMENT (2015) (ICO) TRUST LAND ................................ 7
13.5. TRIBAL CULTURAL RESOURCES LETTER—08/04/2017 ............................................... 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, CITY OF 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
1.17 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 Shakopee Mdewakanton Sioux Community (SMSC) requests that the United States
government accept the Mni Yuskapi Makoce parcel into trust and declare it part of the SMSC
reservation. ‘Mni Yuskapi Makoce’ refers to the land where water will be purified. 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 1.17 acre Mni Yuskapi Makoce parcel
in trust for the Tribe. (Table 1)
The Mni Yuskapi Makoce parcel will be transferred from Scott County to the Tribe per
Scott County Resolution # 2017-088 to build a water treatment facility. The parcel is contiguous
to existing Tribal trust and reservation lands. (Plates 1 and 2) The Tribe’s written request is an
on-reservation acquisition under 25 CFR § 151.10.
2. DESCRIPTION OF LAND1
The subject parcel is located 5.5 miles south 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
subject parcel is situated south on County Highway (CH) 82 and CH 81 in the City of Prior
Lake, Scott County (“the County”), and the State of Minnesota. The Mni Yuskapi Makoce
parcel is surrounded by lnyan Ceyaka Otonwe (ICO) and Meadows trust land parcels to the
north, south, east and west.
The Mni Yuskapi Makoce parcel is a small triangular shaped vacant land parcel with no
improvements or wells; it contains a mixture of sparse woodlands and wetlands. The full legal
description is described on an ALTA Land Title Survey, dated August 2017 by Bolton & Menk,
Inc. (Appendix B) A draft trust warranty deed for the parcel contains a legal description that
matches the ALTA survey. (Appendix B)
1 25 C.F.R. § 151.9
Page | 2
2.1. Table 1, Mni Yuskapi Makoce information
Parcel Name Acres
Property ID
No. (PID) Municipality
Mni Yuskapi
Makoce 1.17 25-93-30070 City of Prior Lake
Total acres: 1.17
Data source: Scott County, 2017.
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. 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.C § 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 implementi ng
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
2 25 C.F.R. § 151.10 (a)
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parcel is adjacent and contiguous to the Tribe’s reservation. Fourth, the Tribe’s request is
necessary to facilitate self-determination.
4. NEED OF THE TRIBE FOR THE ADDITIONAL LAND3
4.1. Reliable drinking water supply
A clean and reliable water supply is essential for any community. Both the City of Prior
Lake and the Tribe provide water treatment services for their respective community members.
The City of Prior Lake and the Tribe have had an interconnected water-supply system since
2008. Both the City of Prior Lake and the Tribe have existing or projected developments that
will put their respective water treatment facilities near capacity.
5. PURPOSES FOR WHICH THE LAND WILL BE USED4
5.1. Reliable drinking water supply
Both the City and the Tribe were separately looking at establishing increased water
treatment capacity. At the Intergovernmental Working Group, a monthly informal meeting of
local government, the City and the Tribe decided to explore options together. An engineering
analysis found significant cost savings in the construction of a joint facility. The City’s estimated
share of the construction cost under a joint agreement would be about $9 million. The Tribe’s
share is $11 million. If they constructed separate facilities, each would pay more than $14
million. The joint facility potentially saves the City more than $6 million and the tribe $3.4
million. The Tribe, will also be supplying the land base for the joint facility.
The joint water treatment facility supports the self -determination of the Tribe by allowing
it grow with access to reliable water supply. The tribe will continue its positive working
relationship with the City; as both parties benefit from significant cost savings from the
partnership.
6. IMPACT ON THE STATE AND ITS POLITICAL SUBDIVISIONS RESULTING
FROM THE REMOVAL OF THE LAND FROM THE TAX ROLLS5
There is no impact resulting from the removal of the land from tax rolls. The subject
parcel has been in ownership of the County and is currently tax exempt. The County passed
Resolution No. 2018-088 to authorize transfer of the parcel to the Tribe. (Appendix B) Municipal
water supply systems provide a government service and do not exist on taxed land in Minnesota.
3 25 C.F.R. § 151.10 (b)
4 25 C.F.R. § 151.10 (c)
5 25 C.F.R. § 151.10 (e)
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7. JURISDICTIONAL PROBLEMS & POTENTIAL CONFLICTS OF LAND USE6
The City’s 2030 planned use map proposes urban medium-density residential housing for
the parcel. (Plate 4) The Tribe has existing developments (Dakotah! Sport and Fitness) and
proposed developments (Inyan Ceyaka Otonwe residential subdivision), and natural areas in the
vicinity, provide a buffer for the facility to other land uses. The facility’s access to County Road
82, will be via the old County 81 intersection, so no new traffic issues expected. The County
passed resolution # 2017-088 to authorize the transfer parcel ownership to the Tribe. (Appendix
B)
8. ADDITIONAL RESPONSIBILITIES THAT MAY ACCRUE TO THE BUREAU OF
INDIAN AFFAIRS7
Additional responsibility that may accrue to the BIA are nominal.
9. INFORMATION REGARDING 516 DM 6, APPENDIX 4, NATIONAL
ENVIRONMENTAL POLICY ACT AND 602 DM 2, LAND ACQUISITIONS:
HAZARDOUS SUBSTANCES DETERMINATIONS8
9.1. Phase I Environmental Site Assessment
There was no Phase I Environmental Site Assessment prepared for the Mni Yuskapi
Makoce parcel.
9.2. National Environmental Policy Act
Land use will change from vacant land to developed land. This change in land use is not
categorically excluded. The Tribe prepared an Environmental Assessment in May of 2015, for
trust acquisition of 218.44 acres for the adjacent Inyan Ceyaka Otonwe (ICO) trust parcels. That
environmental assessment included an analysis on the joint water treatment facility and the
surrounding area. The Bureau of Indian Affairs subsequently found a Finding of No Significant
Impact.
9.3. Phase I Archeological Survey
No Archeological Survey has been done for this site.
9.4. Endangered Species Act
The U.S. Fish and Wildlife Service lists the Northern Long-Eared Bat as being present in
the County (USFWS, 2015). The ICO parcels directly adjacent to Mni Yuskapi Makoce could
6 25 C.F.R. § 151.10 (f)
7 25 C.F.R. § 151.10 (g)
8 25 C.F.R. § 151.10 (h)
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potentially contain summer roosting habitat for the bat. The USFWS references the adjacent
parcel located at 15730 Howard Lake Rd. NW, Shakopee MN 55379 as “it is possible that this
area provides habitat for the Northern Long-Eared Bat, but is unlikely to support a maternity
colony. To avoid any potential direct take of any bats present, or moving through the wooded
section, we recommend that any tree cutting be conducted between October 1 and March 30.”
Appendix C)
Page | 6
10. REFERENCES
Department of the Interior, Bureau of Indian Affairs. 2016. Indian Entities Recognized
and Eligible to Receive Services from the United States Bureau of Indian Affairs. Federal
Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Notices.
Scott County, Minnesota. 2017. Property Tax Statements.
U.S. Fish and Wildlife Services. 2017. Endangered Species in Minnesota, County
Distribution of Federally-listed Threatened, Endangered, Proposed, and Candidate Species.
Prior Lake American. Prior Lake, tribe near agreement on joint water treatment facility.
January, 26 2017.
Page | 7
APPENDICES
11. APPENDIX A, BUSINESS AND GENERAL COUNCIL RESOLUTIONS
12. APPENDIX B, REAL ESATE DOCUMENTS
12.1. County Property Cards
12.2. Property Tax Statements (2015, 2016, 2017)
12.3. Ownership documents
12.3.1. Document No. 434800—State of MN Deed, 01/05/1999
12.3.2. Document No. A1030017—Scott County Deed, 01/12/2017
12.3.3. Scott Country Resolution 2017-088, 06/06/2017
12.3.4. Scott Country Intent to Transfer Ownership Letter, 08/09/2017
12.3.5. LDR Request, 07/27/17
12.3.6. CIP Request, 07/27/17
12.4. Survey
12.4.1. ALTA Survey
12.5. Title Commitment for Mni Yuskapi Makoce, ORTE 744116, 05/30/2017
12.6. Supporting Documents
12.6.1. Document No. 271324, Road Easement (Scott Co/Menden), 06/12/1990
12.6.2. Document No. 247223. Court Order (Scott County) 06/02/1988
12.6.3. Document No. 724836, Scott County Hwy ROW 12/23/2005
12.6.4. Document No. 994976, Easement for Hwy 01/15/2016
12.6.5. Document No. 1008151, Amendment to Hwy Easement 08/16/2016
12.6.6. Document No. 434800, Right of Reversion 01/05/1999
12.7. Draft Trust Warranty Deed
13. APPENDIX C, ENVIRONMENTAL COMPLIANCE DOCUMENTS
13.1. ESA_USFWS_Consultation—03/11/2016
13.2. Federally-listed Threatened, Endangered, Proposed, and Candidate Species (MN)
13.3. SMSC Acoustic Report-NLEB—09/25/2015
13.4. Environmental Site Assessment (2015) (ICO) trust land
13.5. Tribal Cultural Resources Letter—08/04/2017
14. PLATES
14.1. Plate 1, Regional Location Map
14.2. Plate 2, Subject Parcel Location Map
14.3. Plate 3, City of Prior Lake 2030 Map
SMSC Fee to Trust - Water Treatment Facility
Date: 12/21/2017
0 90 180 270 36045Feet
1 in = 188 ft
SMSC Fee to Trust - Water Treatment Facility
SCOTT COUNTY ADM I NISTRATION
2OO FOURTH AVENUE WEST . SHAKOPEE, MN 55379.1220
952)496-8100 . Fax (952)496-8180 . www.scottcountymn.gov
GARY SHELTON
COUNTY ADMINISTRATOR
qshelton@co.scott. mn.us
December 26,2077
United States Department of the Interior
Bureau of Indian Affairs
Midwest Regional Office
Attnl Regional Director
5600 West American Boulevard, Suite 500
Bloomington, Minnesota 55437
In response to the specific requests within the Notice:
The amount of propefty taxes levied on this parcel by Scott County in 2017 was
0.00; and, the total property taxes levied on this parcel throughout the County
was $0.00
Scott County does not have any special assessments currently assessed against
this property.
Scott County currently provides law enforcement services, correctional services,
prosecutorial services, and transportation (roads and transit) services to the
Subject Parcel. Many of these are in coordination or conjunction with the City of
Prior Lake.
The property is currently zoned by the City of Prior Lake and this use appears to
be consistent. Scott County does not exercise land use or other zoning controls
over the Subject Parcel, but does have some environmental regulatory function.
Rer Division of Fee to Trust
Shakopee Mdewakanton Sioux Community Fee to Trust Application
Scott County Tax Parcel 259330070
Dear Acting Director:
Pursuant to the Notice of Non-Gaming Land Acquisition Application ("Applicationt dated
December 8,2017 (received by the County on December 13,20L7). Scott County
submits this response to the request by the Shakopee Mdewakanton Sioux Community
to have roughly .69 acres (more or less) of land (Parcel ID Number 259330070)
currently owned by SMSC placed into trust.
United States Department of the Interior
Bureau of Indian Affairs
Decembet 26, 2017
Page 2
Please note that Scott County conveyed this property to the Shakopee Mdewakanton
Sioux Community to facilitate this project.
Respectfully submitted,
Gary L. Shelton, Administrator
Scott County Minnesota
CC:
Office of the Governor, State of Minnesota
116 Veterans Service Building
20 W. 12th Street
St. Paul, MN 55i55
Charley Vig, Chairman
Shakopee Mdewakanton Sioux Community
2330 Sioux Trail NW
Prior Lake, MN 55372
Office of Mayor
City of Prior Lake
4646 Dakota Street S.E.
Prior Lake, MN 55372
If you require any clarification or information on these comments,
please feel free to
contact me at any time. Thank you for your timely consideration of these comments.
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
January 17, 2018
United States Department of the Interior
Bureau of Indian Affairs
Midwest Regional Office
Attn: Regional Director
5600 West American Boulevard, Suite 500
Bloomington, Minnesota 55437
Re: Shakopee Mdewakanton Sioux Community Fee to Trust Application – Mni Yuskapi
Makoce
Pursuant to the Notice of Non-Gaming Land Acquisition Application (“Application”) for the Mni
Yuskapi Makoce Parcel 259330070 dated December 8, 2017 and the 30-day extension invoked
by the City on December 12, 2017, the City of Prior Lake submits the following response no later
than February 12, 2018:
I. INFORMATION REQUESTED BY BIA:
In answer to specific questions asked by the BIA in the notice dated December 8, 2017:
a. Property Taxes. The water treatment parcel appears to be a remnant ROW lot and no
property tax payment was required so the city of Prior Lake has not received a propert y
tax payment for this parcel. The property taxes levied by the City of Prior Lake on these
parcels for 2017:
Parcel # 2017
259330070 $0.00
b. Assessments. There are no existing assessments on this property.
c. Services. The City provides all police services and joint powers assistance for fire
services to this property.
d. Zoning. Parcel 259330070 is zoned A, Agriculture Use District. The purpose of the "A"
Agricultural Use District is to protect existing agricultural investments until such time as
public utilities may be extended and there is a need for additional urban development. It
is also intended to provide for larger lots to ensure that the feasibility of future urban
development is not compromised. A Public Service Structure would be an appropriate
land use at this location.
I hope that this information is responsive to your request. If not, please contact me.
Regional Director, Midwest Regional Office
U.S. Dept. of the Interior, Bureau of Indian Affairs
____________________________
Page 2
Sincerely,
Kirt Briggs
Mayor, City of Prior Lake
cc: City Council Members
Business Council Members
Tribal Administrator
i
WRITTEN REQUEST FOR
TRUST ACQUISITION
WOZUPI II
The elected officials of the Shakopee Mdewakanton Sioux Community, acting under authority
delegated by the General Council, hereby submit this written request to the United States
Government, Secretary of the Interior, to acquire fee land owned by the Community to be
held in trust for the Community and declare such trust land a part of the Shakopee
Mdewakanton Sioux Community’s reservation.
July 21, 2017
S H A K O P E E M D E W A K A N T O N S I O U X C O M M U N I T Y
2 3 3 0 S I O U X T R A I L N W
P R I O R L A K E , M N 5 5 3 7 2
ii
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, SUBJECT PARCELS INFORMATION ................................................................. 2
3. STATUTORY AUTHORITY FOR THE ACQUISITION .......................................... 2
3.1. STATUTORY AUTHORITY ............................................................................................. 2
4. NEED OF THE TRIBE FOR THE ADDITIONAL LAND ......................................... 3
4.1. NEED DESCRIPTION ..................................................................................................... 3
4.1.1. Food sovereignty and Tribal health ................................................................... 3
4.1.2. Tribal housing and cultural restoration ............................................................. 4
4.1.3. Self-determination .............................................................................................. 4
5. PURPOSES FOR WHICH THE LAND WILL BE USED .......................................... 4
5.1. PROPOSED USE OF THE LAND ...................................................................................... 4
5.1.1. Food sovereignty and Tribal Healt. ................................................................... 4
5.1.2. Tribal housing .................................................................................................... 5
5.1.3. 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
6.1.1. Table 2, Subject Parcel Property Tax Breakdown ............................................. 6
6.1.2. Table 3, Percent of Subject Parcel Property Taxes on County & City Revenue 7
6.1.3. Table 4, Inter-governmental Aid ........................................................................ 8
6.1.1. Table 5, Tribal Contributions to Scott County economy (in Millions) ............... 9
7. JURISDICTIONAL PROBLEMS AND POTENTIAL CONFLICTS OF LAND
USE 9
8. 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 ........................................................................... 11
9.4. ENDANGERED SPECIES ACT ....................................................................................... 11
10. REFERENCES ........................................................................................................... 11
11. APPENDIX A, BUSINESS AND GENERAL COUNCIL RESOLUTIONS ........ 12
12. APPENDIX B, REAL ESATE DOCUMENTS ........................................................ 12
iii
12.1. COUNTY PROPERTY CARDS ....................................................................................... 12
12.2. PROPERTY TAX STATEMENTS (2016, 2014) ............................................................... 12
12.3. OWNERSHIP DOCUMENTS ........................................................................................... 12
12.3.1. Quan Deed, A967315 10/21/2014 .................................................................... 12
12.3.2. Dockendorf Warranty Deed, A788147 11/20/2007 .......................................... 12
12.4. SURVEYS ................................................................................................................... 12
12.4.1. ALTA Survey Dockendorf 01/23/2008 .............................................................. 12
12.4.2. ALTA Survey Quan 9/22/14 .............................................................................. 12
12.5. TITLE COMMITMENT FOR WOZUPI II, ORTE 742892, 01/13/2016 ............................ 12
12.6. SUPPORTING DOCUMENTS ......................................................................................... 12
12.6.1. Disclaimer of Interest, 06/06/2016 ................................................................... 12
12.6.2. Residential Use Agreement, 01/01/2016 .......................................................... 12
12.6.3. Doc 157910, 07/07/1977, Road Easement (Shakopee/ Eaglewood) ................ 12
12.6.4. Doc 157910, 07/07/1977, Road Easement (Shakopee/ Eaglewood) A ............. 12
12.6.5. Doc 195752, 08/25/1983, Grant of Right of Way Easement (Dockendorf/
Shakopee) ......................................................................................................................... 12
12.6.6. Doc 19900114, 01/14/1990, ROW Plat 4 ......................................................... 12
12.6.7. Doc 647677, 03/08/2004, Shoreline Management Ordinance ......................... 12
12.7. DRAFT TRUST WARRANTY DEED .............................................................................. 12
13. APPENDIX C, ENVIRONMENTAL COMPLIANCE DOCUMENTS ............... 12
13.1. CERTIFICATE OF INSPECTION AND POSSESSION REQUEST (CIP), 01/03/2017 ............ 12
13.2. LAND DESCRIPTION REVIEW WORKSHEET, 01/03/2017 ............................................ 12
13.3. ESA_USFWS_CONSULTATION, 03/11/2016 ............................................................ 12
13.4. PHASE 1 ENVIRONMENTAL SITE ASSESSMENTS (2015) DOCKENDORF ...................... 12
13.5. PHASE 1 ENVIRONMENTAL SITE ASSESSMENTS (2014) QUAN ................................... 12
13.6. PHASE 1 ARCHEOLOGICAL SURVEYS (2015) QUAN ................................................... 12
13.7. PHASE 1 ARCHEOLOGICAL SURVEYS (2009) DOCKENDORF ...................................... 12
13.8. TRIBAL CULTURAL RESOURCES LETTER, 07/21/2017 ............................................... 12
13.9. DOCKENDORF WELL INDEX ONLINE REPORT # 493367 ............................................ 12
13.10. QUAN WELL INDEX ONLINE REPORT # 705088 ..................................................... 12
14. PLATES ....................................................................................................................... 12
14.1. PLATE 1, REGIONAL LOCATION MAP ......................................................................... 12
14.2. PLATE 2, SUBJECT PARCEL LOCATION MAP .............................................................. 12
14.3. PLATE 3, CITY OF PRIOR LAKE 2030 MAP ................................................................. 12
14.4. PLATE 4, SHAKOPEE ZONING MAP ............................................................................. 12
1
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
133.15 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). Appendix A.
1.2. Request for Trust Acquisition
The Shakopee Mdewakanton Sioux Community (SMSC) requests that the United States
government accept the Wozupi II parcels into trust and declare it part of the SMSC reservation.
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 Wozupi II parcels in
trust for the Tribe consisting of approximately 133.15 acres. These parcels are also known as the
former Dockendorf and Quan properties, in Scott County, Minnesota (collectively the “Wozupi
2”).
The subject parcels are currently owned in fee simple absolute by the Tribe and are
adjacent and contiguous to existing Tribal fee, Tribal trust and reservation lands (Plates 1 and 2).
The Tribe owns trust land adjacent to the east of the subject parcels. The Tribe’s written request
is an on-reservation acquisition under 25 CFR § 151.10.
2. DESCRIPTION OF LAND1
The subject parcels are located 5.5 miles south 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 subject parcels are situated on of County State Aid Highway 17 (CSAH 17) and east
of Howard Lake in the Cities of Shakopee and Prior Lake (collectively, “the Cities”), Scott
County (“the County”), and the State of Minnesota.
A total of 4 individual tax property identification numbers make up the subject parcels.
Table 1. The full legal descriptions are described on an ALTA Land Title Surveys by Bolton &
Menk, Inc. for each respective parcel (Appendix B.) A draft trust warranty deed for the Wozupi
2 parcels contains a legal description that matches each ALTA survey.
1 25 C.F.R. § 151.9
2
2.1. Table 1, Subject parcels information
Parcel Name Acres
Property ID
No. (PID) Municipality
Dockendorf 78.89 27-93-20100 City of Shakopee
38.67 27-93-20010 City of Shakopee
10.0 27-93-20102 City of Shakopee
Quan 5.59 25-93-20010 City of Prior Lake
Total acres: 133.15
Data source: Scott County property tax statements.
The subject parcels contain agriculture fields, a prairie restoration, woodland, pole barns, and
one residential home. The land contains shoreline along Howard Lake. The subject parcels are
adjacent to rural residential zoned lots contain a mixture of housing, agricultural fields, and
natural areas.
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.” Cityof 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. 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.C § 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).
2 25 C.F.R. § 151.10 (a)
3
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 and Indian housing.
4. NEED OF THE TRIBE FOR THE ADDITIONAL LAND3
The planned land use meets the following critical needs of the Tribe: self-determination and
Indian housing.
4.1. Need Description
4.1.1. Food sovereignty and Tribal health
Dakota people fished, hunted, and harvested wild foods since time immemorial. These
activities provided essential nutrients and the physical activities essential for good health.
European arrival in Dakota country led to eventual competition for access to food and land. The
U.S. government historically followed a program of systematic removal of native peoples from
their traditional lands, destroying long standing food systems (LaDuke and Alexander, 2005).
Through treaties that put Dakota people in a compromising position to save themselves,
communities that once provided all their own food became dependent on the U.S. government
commodity foods and more recently on conventional processed foods.
Commodity foods included those which were not a part of the traditional Dakota diet,
including: sugar, wheat flour, and domesticated meats. Today, the permeation of commodity
foods into Dakota life is embodied in the fry breads and Indian tacos featured at Powwow’s
around Dakota (and Indian) Country. Today, throughout Indian Country, including here, access
to conventional foods is far easier than wholesome foods. The Indian Country suffers from an
epidemic of diet-related illnesses. Today, one-in-eight American Indians has diabetes, a rate
twice that of the non-Indian population. And over half of American Indians are obese, and are
more likely to be obese than white, Hispanic, or Asian Americans. These diseases are present in
the Tribal population.
3 25 C.F.R. § 151.10 (b)
4
4.1.2. 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.
4.1.3. Self-determination
Historic Federal and State of Minnesota policies and actions enervated 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 produce wholesome food for the community and 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. Proposed Use of the Land
5.1.1. Food sovereignty and Tribal Health
Recognizing that conventional sources of food are not healthy for people, the Tribe
established the Wozupi Tribal Gardens5 in 2010 to provide clean wholesome foods to Tribal
members, Tribal employees, and the surrounding community http://www.wozupi.com. This
resource is not readily available in Scott County. The demand for the wholesome food that
Wozupi Tribal Gardens produces is strong. Vegetables the dominant food produced by Wozupi
Tribal Gardens. Vegetable production in this area is best suited to flat land high in organic
matter. The Wozupi Tribal Gardens quickly outgrew its original site on County Road 42 (federal
trust tract 411 T 1017), which remains in production. In 2012, the Wozupi 2 parcels provided
4 25 C.F.R. § 151.10 (c)
5 The Dakota word “translates into English as “ a place where things are planted” or “garden.”
5
the only land that fit the requirements of flat land with soil high in organic content for vegetable
production.
Wozupi Tribal Gardens is actively managing 30 acres of land on the Wozupi 2 parcels for
current and future vegetable production. In addition, the subject parcel hosts a portion of its
honeybee colonies in a hayfield on the site. These colonies pollinate the vegetables and provide
honey. The majority of vegetable growing infrastructure and capital equipment for the Wozupi
Tribal Gardens is housed on Wozupi 2 parcels. These include a machine shed, a vegetable
packing shed (washing, storage), and a production well. These uses are site specific because
they are related to the location of the land. This prohibits simply moving the land use to another
location.
The Tribal Wellness center has hired a native chef to re-teach people how to use
wholesome foods in daily meal preparation. He runs cooking class and events featuring Wozupi-
grown foods. The long-term goal in the investment in Wozupi and native chef is to improve the
health of Tribal members and employees.
5.1.2. Tribal housing
Just as any sovereign government has established citizenship requirements, the Tribe
requires that Tribal members reside on trust land as a condition of membership. The Wozupi 2’s
Quan parcel contains an existing residence. As the Tribal population has grown there is an
increasing demand for transitional housing. This housing unit will support the cultural necessity
of having community members live in close proximity to one another to maintain kinship bonds.
5.1.3. 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. A trust acquisition and reservation declaration provides
clarity on jurisdiction. In this case, the responsibilities are housing (cultural restoration), building
code enforcement, wholesome food production and distribution, water and land resource
management, and adequate fire protection. 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
By producing its own safe food source, the Tribe is less reliant on petroleum and distant
non-Tribal food sources to maintain itself. The Tribe is in control of which foods will be
available. The Tribe has made a conscious choice to make clean wholesome food readily
available, and the Wozupi Tribal Gardens is an important manifestation of this choice. By
putting this land into trust, it’s secures a wholesome food source for generations to come.
The buildings on Wozupi 2 also are storage for the SMSC Water Bottling and
warehousing of Tribal commercial furniture and restaurant equipment.
6. IMPACT ON THE STATE AND ITS POLITICAL SUBDIVISIONS RESULTING
FROM THE REMOVAL OF THE LAND FROM THE TAX ROLLS6
The property taxes paid on the subject parcels (Table 2), represents less than 0.01% of the
respective budgets of the County or Cities (Table 3). In 2017, the property taxes paid on the
subject parcels was $ 41,000. This amount is the full extent of tax revenue loss resulting from
the removal of the subject 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.
7 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.
6.1.1. Table 2, Subject Parcel Property Tax Breakdown
Data Source: Scott County Property Tax Statements.
Includes school district, special taxing districts, and non-school levies.
6 25 C.F.R. § 151.10 (e)
7 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.
Parcels Tax Scott County City of Shakopee City of Prior Lake State Other*
2017 41,100.00$ 11,301.00$ 10,549.00$ 1,339.00$ -$ 17,911.00$
2016 39,216.00$ 10,520.00$ 9,470.00$ 1,309.00$ -$ 17,917.00$
2015 30,366.00$ 9,482.00$ 8,249.00$ 1,039.00$ -$ 11,667.00$
2014 30,790.00$ 9,740.00$ 8,426.00$ 1,287.00$ -$ 11,677.00$
2013 51,060.00$ 15,996.00$ 14,759.00$ 1,335.00$ -$ 18,970.00$
2012 46,870.00$ 15,371.00$ 12,882.00$ 1,328.00$ -$ 17,290.00$
7
6.1.2. Table 3, Percent of Subject Parcel Property Taxes on County & City Revenue
Data Source: State of Minnesota Auditors Office (2017).
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.) For three decades, the
Tribe has had a contractual agreement with the City of Prior Lake to provide emergency services
on trust lands; and more recently a contract with the City of Shakopee.
Even more, the Tribe has stepped forward to contribute 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): 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 deposition at the Tribe’s Organic
Recycling Facility of residential yard waste at no cost to the cities of Shakopee, Prior Lake, and
Savage and food waste from the Prior Lake-Savage School District 719 at a reduced rate.
Year Scott County
Revenue
of County
Revenue
City of Shakopee
Revenue
of Shakopee
Revenue
City of Prior
Lake Revenue
of Prior
Lake
Revenue
2017 $124,654,342 0.009 $ 24,953,200 0.0136 $ 20,014,867 0.0067
2016 $131,394,923 0.008 $ 24,478,023 0.0125 $ 20,127,566 0.0065
2015 $134,461,786 0.0071 $30,055,625 0.0089 $ 19,411,399 0.0054
2014 $133,717,657 0.0073 $32,321,521 0.0085 $ 17,735,118 0.0073
2013 $116,884,691 0.0137 $26,144,527 0.0179 $ 19,067,723 0.007
2012 $116,120,975 0.0132 $27,335,996 0.0149 $ 19,549,504 0.0068
8
6.1.3. Table 4, Inter-governmental Aid
Year Item Contribution Year Item Contribution
1996 Scott County Sirens $60,000 2002 Prior Lake Skate Park $25,000.00
1996 Shakopee McKenna
Road
242,095 2004 Scott County Transit $5,000.00
1996 Prior Lake Fire
Department Donation
49,668 2006 Prior Lake Ryan Park $450,000.00
1998 Scott County CR 42
Upgrade
300,000 2006 Highway Patrol Defibs $62,814.00
1996-
2004
Blue Lake Sewer
Access
482,550 2011 Scott County CR42/17 $1,505,000.00
1996-
2009
Blue Lake Wastewater
Treatment
4,751,175 2012 Chiefs of Police Assoc.
within Scott County
training
17,000.00
1996-
2013
Prior Lake Police and
Fire
5,928,992 2013 General purpose grants to
5 cities and 1 county
900,000.00
1998-
2000
Scott County CR 83 /
21
443,805 2014 Trails grants to Scott
County cities
350,000.00
1998-
2003
Scott County CR 42 /
83
2,525,546 2015 TH 169 Additional Lane $1,500,000.00
1998-
2017
Scott County
Agreement
3,972,500 2015 Co Rd 83 $440,000.00
1999-
2000
Shakopee Parks $70,233 2014-
2017
City of Prior Lake Police
and Fire
1,227,500.00
2000,
2008
Scott County CR 83
Overlay
514,715 2016 Co Rd 83 ( 4 lane) $6,103,807.00
2004 Shakopee SCALE
Training Facility
247,386 2016 City of Shakopee (Scale
Training-Police)
229,604.00
2006-
2008
Scott County CR 82
Upgrade
1,664,276 2016 City of Shakopee
Donation/Large Grant)
250,000.00
2008-
2009
Prior Lake/Spring Lake
Channel Improvement
176,167 2016 Prior Lake School District $125,000.00
2010-
2013
Scott County CR 83
Upgrade (4 lane)
4,109,467 2016 Shakopee School District $125,000.00
2013 -
2015
Shakopee Police
Agreement
255,000
Total $39,109,300
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
9
Tribe also purchases goods and services from Scott County-based vendors, which positively
impacts the health of the local economy (Table 5.)
6.1.1. Table 5, Tribal Contributions to Scott County economy (in Millions)
2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Vendor
payments in
Scott County
8.2 $ 9.4 $ 9.4 $ 12.3 $17.7 $15.3 $ 9.5 $ 11.9 $10.2 $ 6.8 $ 9.6
Payroll paid to
Scott County
residents
53.8 $54.1 $51.7 $56.9 $62.5 $70.6 $65.1 $72.4 $69.5 $70.2 $77.4
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 USE8
Both the City of Shakopee and Prior Lake’s comprehensive planning map propose residential
housing for the area surrounding the Wozupi 2 (Plate 4.) The Tribe use as agricultural and
natural area is not incompatible with these uses. Evidence shows that presence of open spaces
help increase the value of homes (Crompton, 2007).
Northern Scott County will continue to be a major population growth center in the Twin
Cities. Regional governments recognize the future growing regional significance of CSAH 17 as
a major north/south corridor in the north-central portion of the county (Scott County et al, 2009).
These governments recognize the need to preserve opportunities to convert this Minor Arterial
Highway to a Principal Arterial Highway. Some important keys in seizing this opportunity is
removing private access and obtaining a 200 ft right-of-way. In addition, both the Cities of Prior
Lake and Shakopee will be expanding sewer and water in Scott County to meet their future
needs. The Tribe is actively negotiating an easement to accommodate the future needs of the
County and Cities’.
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
8 25 C.F.R. § 151.10 (f)
10
created when two governments have jurisdiction over a single Tribal project9. The Tribe will
continue to work in good faith 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 AFFAIRS11
There will be a minor increase in the BIA road inventory mileage from CSAH 17. 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 subject parcels
09/17/2014 Quan parcel, 06/09/2015 Dockendorf) and found no recognized environmental
conditions (Appendix C.) These assessments will require updating either by a contractor paid by
the Tribe and reporting to the BIA or by BIA staff.
9.2. National Environmental Policy Act
This trust acquisition request proposes no change in land use and is categorically
excluded from further review. (Appendix C.)
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.
11 25 C.F.R. § 151.10 (g)
12 25 C.F.R. § 151.10 (h)
11
9.3. Phase I Archeological Survey
Bolton and Menk, Inc. completed separate Phase I Archeological Reconnaissance
Surveys of the Dockendorf (2009) and Quan (2015) (Appendix C) and the recommended Finding
of Fact is “No Historic Properties Affected.”
9.4. Endangered Species Act
The Northern Long-eared Bat (NLEB) is the only listed federally species present in Scott
County. In 2015 the SMSC hired West, Inc. (Cheyenne, Wyoming), national respected bat
experts, to perform a bat survey of all Tribal land holdings. The Wozupi 2 contains fragmented
woodloods, potentially summer roosts for the bat. However, West Inc. did not identlfy as
containing highly likely habitat for NLEB. The nearest located identified with NLEB via West
Inc.’s acoustic reading is nearly 4 miles to the northeast. The Tribe proposes no tree clearing for
the Wozupi 2 parcels. Therefore, the proposed use does not negatively affect the northern long-
eared bat. (Appendix C)
10. REFERENCES
Crompton, John L. 2002. The effects opens spaces on residential property values. Land
Economics.
Scott County; in associations with the Cities of Prior Lake and Shakopee, the Townships
of Cedar Lake and Spring Lake. 2009. Corridor Study: CH17 from TH13 to CH101. SEH No A-
SCOTT0602.00.
http://www.co.scott.mn.us/RoadsTransport/Roads/CompletedStudies/17Study/Pages/Hwy17Doc
s.aspx
LaDuke, Winona and Sarah Alexander. 2005. Food is Medicine. Honor the Earth,
Minneapolis, Minnesota, USA.
12
APPENDICES
11. APPENDIX A, BUSINESS AND GENERAL COUNCIL RESOLUTIONS
12. APPENDIX B, REAL ESATE DOCUMENTS
12.1. County Property Cards
12.2. Property Tax Statements (2016, 2014)
12.3. Ownership documents
12.3.1. Quan Deed, A967315 10/21/2014
12.3.2. Dockendorf Warranty Deed, A788147 11/20/2007
12.4. Surveys
12.4.1. ALTA Survey Dockendorf 01/23/2008
12.4.2. ALTA Survey Quan 9/22/14
12.5. Title Commitment for Wozupi II, ORTE 742892, 01/13/2016
12.6. Supporting Documents
12.6.1. Disclaimer of Interest, 06/06/2016
12.6.2. Residential Use Agreement, 01/01/2016
12.6.3. Doc 157910, 07/07/1977, Road Easement (Shakopee/ Eaglewood)
12.6.4. Doc 157910, 07/07/1977, Road Easement (Shakopee/ Eaglewood) A
12.6.5. Doc 195752, 08/25/1983, Grant of Right of Way Easement (Dockendorf/
Shakopee)
12.6.6. Doc 19900114, 01/14/1990, ROW Plat 4
12.6.7. Doc 647677, 03/08/2004, Shoreline Management Ordinance
12.7. Draft Trust Warranty Deed
13. APPENDIX C, ENVIRONMENTAL COMPLIANCE DOCUMENTS
13.1. Certificate of Inspection and Possession Request (CIP), 01/03/2017
13.2. Land Description Review Worksheet, 01/03/2017
13.3. ESA_USFWS_Consultation, 03/11/2016
13.4. Phase 1 Environmental Site Assessments (2015) Dockendorf
13.5. Phase 1 Environmental Site Assessments (2014) Quan
13.6. Phase 1 Archeological Surveys (2015) Quan
13.7. Phase 1 Archeological Surveys (2009) Dockendorf
13.8. Tribal Cultural Resources Letter, 07/21/2017
13.9. Dockendorf Well Index Online Report # 493367
13.10. Quan Well Index Online Report # 705088
14. PLATES
14.1. Plate 1, Regional Location Map
14.2. Plate 2, Subject Parcel Location Map
14.3. Plate 3, City of Prior Lake 2030 Map
14.4. Plate 4, Shakopee Zoning map
HOWARD LAKE
NE
(957.3)
Prior LakeShakopee
Scott County GIS
Ü
SMSC Fee to Trust - Wozupi
Text
LEGEND
Municipal Boundary
SMSC Fee to Trust parcels
City of Prior Lake parcel
Parcels
SCOTT COUNTY ADMINISTRATION
2OO FOURTH AVENUE WEST . SHAKOPEE, MN 55379-1220
952)496-8100 . Fax (952)496-8180. www.scoftcountymn.gov
GARY SHELTON
COUNTY ADMINISTR,ATOR
qshelton@co.scott.mn.us
December 26,2017
United States Depaftment of the Interior
Bureau of Indian Affairs
Midwest Regional Office
Attn: Regional Director
5600 West American Boulevard, Suite 500
Bloomington, Minnesota 55437
Re Division of Fee to Trust
Shakopee Mdewakanton Sioux Community
Fee to Trust Application
Multiple Scott County Tax Parcels
Dear Acting Director:
Pursuant to the Notice of Non-Gaming Land Acquisition Application ("Application") dated
December B, 2017 (received by the County on December 13, 2017). Scott County
submits this response to the request by the Shakopee Mdewakanton Sioux Community
to have roughly 139.29 acres (more or less) of land (Parcel ID Numbers 259320010,
279320070,279320L02,279320100) currently owned by SMSC placed into trust.
In response to the specific requests within the Notice:
The amount of propefty taxes levied on these parcels by Scott County in 2017 was
11,301.09; and, the total property tax levied on these parcels in 2017 was
41,100.00. See breakout below:
Total P roDerW
Parcel [D
259320010
279320100
279320102
279320010
Total
CounW Tax
r,470.4s
5,923.67
7st.24
3,155.73
11/301.09
Tax
5,680.00
2t,344.00
2,706.00
11,370.00
41,100.00
Scott County does not have any special assessments currently assessed against the
property.
a
United States Department of the Interior
Bureau of Indian Affairs
Decembet 26,2017
Page 2
Scott County currently provides law enforcement services, correctional
services, prosecutorial services, library services, regional parks and trails, and
transpoftation (roads and transit) services to the Subject Parcels. Many of these
are in coordination or conjunction with the cities of Shakopee and Prior Lake.
The parcels are currently zoned by either the City of Shakopee; or, the City of Prior
Lake (depending on which parcel) and this use appears to be consistent. Scott
County does not exercise land use or other zoning controls over the subject
parcels, but does have some environmental regulatory function over all of them.
a
If you require any clarification or information on these comments,
please feel free to
contact me at any time. Thank you for your timely consideration of these comments.
Respectfully submitted
Gary L. Shelton,ministrator
Scott County Minnesota
CC:
Office of the Governor, State of Minnesota
116 Veterans Service Building
20 W. 12th Street
St. Paul, MN 55i55
Charley Vig, Chairman
Shakopee Mdewakanton Sioux Community
2330 Sioux Trail NW
Prior Lake, MN 55372
Office of Mayor
City of Prior Lake
4646 Dakota Street S.E.
Prior Lake, MN 55372
Office of Mayor
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
January 17, 2018
United States Department of the Interior
Bureau of Indian Affairs
Midwest Regional Office
Attn: Regional Director
5600 West American Boulevard, Suite 500
Bloomington, Minnesota 55437
Re: Shakopee Mdewakanton Sioux Community Fee to Trust Application – Wozupi II
Pursuant to the Notice of Non-Gaming Land Acquisition Application (“Application”) for the Wozupi
II Parcel 259320010 dated December 8, 2017 and the 30-day extension invoked by the City on
December 12, 2017, the City of Prior Lake submits the following response no later than February
12, 2018:
I. INFORMATION REQUESTED BY BIA:
In answer to specific questions asked by the BIA in the notice dated December 8, 2017:
a. Property Taxes. The property taxes levied by the City of Prior Lake on these parcels for
2017 (this parcel also paid $140.23 in non-school voter approved referenda levies in
2017):
Parcel # 2017
259320010 $1,338.78
b. Assessments. There are no existing assessments on this property.
c. Services. The City provides all police services and joint powers assistance for fire
services to this property.
d. Zoning. Parcel 259320010 is zoned A, Agriculture Use District. The purpose of the "A"
Agricultural Use District is to protect existing agricultural investments until such time as
public utilities may be extended and there is a need for additional urban development. It
is also intended to provide for larger lots to ensure that the feasibility of future urban
development is not compromised.
I believe that the above information is responsive to your request. If not, please contact me.
Regional Director, Midwest Regional Office
U.S. Dept. of the Interior, Bureau of Indian Affairs
____________________________
Page 2
Sincerely,
Kirt Briggs
Mayor, City of Prior Lake
cc: City Council Members
Business Council Members
Tribal Administrator