Shakopee City Council Questions Tribal Land Trust Request

Shakopee City Councilors have raised concerns about an application from the  to put two parcels of Shakopee land into trust.

“We haven’t talked about Shakopee’s needs and I think we need to,” councilor Matt Lehman said at a Jan. 3 council meeting. “This has to be a two-way conversation.”

The land in question, purchased by the tribe, covers 130 acres in eastern Shakopee along County Road 16 and another 2.5 acres along Dakotah Parkway. Putting that land into trust—a decision to be made by the United States Bureau of Indian Affairs—would relieve the tribe of paying taxes or following state or federal regulations there. The tribe is also asking that the land be deemed part of the reservation and, thus, outside environmental analysis.

Council hasn't decided whether to oppose the application. Councilor Jay Whiting is concerned about the land falling outside environmental review. Lehman wants to see a comprehensive plan from the tribe, so the city can better plan for future infrastructure needs.

The vast majority of the land is now used to grow crops, according to city staff, and other pieces have been developed for residences, a recycling facility and public works facilities.

While council expects to take a formal position on the application at its Jan. 17 regular meeting, a comment period has been extended to Jan. 31, and city staff and tribal administrators have agreed to meet as soon as possible to address concerns.

For its part, the Scott County Board of Commissioners has objected to this application along with another for a 20-acre parcel in Prior Lake (Prior Lake's city council narrowly approved that application). County commissioners say the applications don’t provide enough information and that a United States Supreme Court decision says only tribes recognized before 1934 can put lands into trust. The county contends the  wasn't recognized and under federal jurisdiction until 1969.

“Although some think we’re lawless … I think the tribe is a good citizen,” said Tribal Administrator Bill Rudnicki, who attended the meeting. Rudnicki referred to donations the tribe has contributed to area road construction and to other projects, such as the new recycling facility, that benefit surrounding cities.

Councilor Steve Clay wants to see the formation of a joint commission involving Shakopee, Prior Lake, the county and tribe to look at environmental, transportation and land-use planning.

“What I think we need to do, instead of throwing our toys around in the sandbox (is) meet on monthly basis and agree not to fight these battles every time they come up,” Clay said.

In 2006, after a six-year federal regulatory process and review, the Bureau of Indian Affairs approved a tribal application to have about 750 acres of land in Scott County taken into trust.