My position on land trust is simple and straight forward.  I am both philosophically and politically opposed to Land Trust.

The question of tribal land trust applications is one of the more complex issues I have dealt with since being elected to the Scott County Board of Commissioners.  In February of 2000, the Shakopee Mdewakanton Sioux Community applied to the Bureau of Indian Affairs (BIA) to place 776 acres of land into “trust” status.  Trust status should be granted when a particular need exists that cannot be filled without such status, such as the need for  additional land to build housing for tribal members.  Scott County, the City of Shakopee and the City of Prior Lake contended that no such need existed and opposed the Mdewakanton Community’s application. 

In December of 2005, the Prior Lake City Council made a sudden and unannounced decision to reverse its previous and long-held opposition to the trust application. Their abrupt, late night action surprised both citizens and local government partners.  On the evening the decision was made:

• The issue was not on the published agenda

• The issue was not announced to the public

• The public had no opportunity to weigh in on this long-standing issue.

• The decision was made without warning, notice or regard to Scott County or the City of Shakopee that Prior Lake was considering changing its position on the land trust issue.

On June 7, 2006, the Bureau of Indian Affairs (BIA) issued its ruling approving the Mdewakanton Community’s trust application.  BIA officials have stated that one of their primary functions is to advocate for the welfare of Native American tribes, so the decision was not a surprise.  The Mdewakanton Community has very effectively used its resources to lobby the BIA, and influence the City of Prior Lake.  Once the solidarity of the local governments was broken, it was very simple for the BIA to take action approving the trust application.

I have great respect for the Tribe and Native Americans, their tribal government, community members, culture and traditions.  I also support tribal self-determination which includes the tribe’s right, as a semi-sovereign nation, to assert control over their lands, their community, and to promote their economic interests and development.

I simply am opposed to land being placed in trust when no “need” exists.  Land with trust status is removed from the tax rolls, which results in higher taxes for remaining Scott County citizens and businesses.  The local governments’ position that there was no “need” for this land to be placed into trust is supported by all of the facts.  The Mdewakanton Community has ample lands and resources to provide for their housing and community needs without these acres being taken off the tax rolls.  There is a real and legitimate concern that the future development of this land – whether for housing, economic, cultural or gaming purposes -  will impact the services provided by Scott County, and that there will be no tax dollars from the Mdewakanton Community to offset the added costs.  For example:

• The need for road repairs and construction in areas not directly adjacent to the tribal lands.  The Tribe has often contributed to the cost of building roads that are adjacent to or near their lands, a practice I applaud and appreciate.  However, thousands of vehicles that travel to and from their businesses use an entire system of roads, not just those near the casino.  Without tax dollars from tribal enterprises, the rest of the citizens of Scott County must shoulder an added burden to build and maintain the entire network.

• The primary source of tribal revenue is from gaming.  By its very nature, this type of business adds work within both the criminal justice and social welfare areas of Scott County.  Here again, county residents are forced to pay additional costs for legal services, law enforcement, courts, and human services.

The tribe asserts that the fiscal impact of their operations on the County is offset by the economic gains to the area by their very successful enterprises.  Tribal operations do provide a significant number of jobs for individual citizens throughout the metropolitan area.  However:

• Tribal operations do not generate income tax - tribal businesses and members do not pay state income taxes

• Tribal operations do not generate sales tax - the tribe voluntarily collects sales taxes but retains 50% for tribal purposes

• Tribal businesses and homes on land in trust are exempt from property taxes which are needed to cover the significant impact they have on Scott County government, leaving the rest of the citizens to pick up the tab in the form of higher property taxes.

While I voted to appeal the BIA decision, a majority of my fellow commissioners viewed the very limited potential to legally win such an appeal as not being worth the expense.  I accept and support this approach to move past this issue and work together towards the common good of all of our constituents.

However, if re-elected I will continue to oppose any new applications for land trust and to encourage the Mdewakanton Tribal Government to adequately compensate Scott County by direct monetary contribution for the impact their operations have on the property taxpayers of the county.