Sunflower Army Ammunitions Plant

[hdqrs@worldnet.att.net]

What follows are three (3) letters that show how the United Tribe of
Shawnee Indians are attempting to get title to the now closed Sunflower
Army Amo. Plant, De Soto, KS.

Other Indian tribes may want to do the same for closed DOD facilities
within their reservations.

The closed facilities will require hard work and much cleanup. Most have
been polluted since early 1940! If we succeed we will set up a training
facility for other tribes and non-Indians to use.

We will also accept any help or suggestions in this effort.

Thanks.

old jim aka Jim Oyler

Letters start here*******

UNITED TRIBE OF SHAWNEE INDIANS

P.O. Box 505
De Soto, Kansas 66018-0505
913-583-3236

August 20, 1997

The Honorable William S. Cohen,
Secretary
Department of Defense
Pentagon
Room 3E880
Washington, DC 20310-1155

Dear Mr. Secretary,

 The United Tribe of Shawnee Indians hereby request the
Department of Defense, transfer by deed, the Sunflower Army
Ammunition Plant and associated utilities, located De Soto,
Kansas, to the United Tribe of Shawnee Indians, a Federal entity.

 Justification for this request is the EPA policy to
implement Section 334 of the Defense Authorization Act of 1997,
which modified CERCLA (Comprehensive Environmental Response,
Compensation, and Liability Act) Section 120(h) to permit "The
Transfer of Federal Property by Deed before All Necessary
Response Action Has Been Taken".

 Section 120(h) (3), Environmental Response Obligations
Addendum (EROA), does not apply to transfers within the federal
government which includes the United Tribe of Shawnee Indians, a
Federal entity.

 Under the EPA policy, to implement Section 334 of the
Defense Authorization Act of 1997, the Department of Defense is
authorized to transfer by deed to the United Tribe of Shawnee
Indians, a Federal entity, subject described property with a
Parcel Deferral Proposal (PDP), which will show that the planned
use of subject property will not unacceptably threaten human
health and the environment and that the transfer and use will not
encumber necessary cleanup activities.

 The Sunflower Army Ammunition Plant and associated utilities
are located within the bounds of our tribal reservation. Our
reservation was established pursuant to United States Treaties
with the Shawnee, dated November 7, 1825 (7 Stat. 284), August 8,
1831 (7 Stat. 355) and May 10, 1854, (10 Stat. 1053).

 Our tribal headquarters is located five (5) miles from
subject plant on Indian Country known as Shawnee Reserve 206. 
Thus our desire to achieve a planned use of subject property that
will not unacceptably threaten human health and the environment
and that the transfer and use will not encumber necessary cleanup
activities required from past DOD use. 

Subject transfer by deed as authorized by Section 334 of the
Defense Authorization Act of 1997 will save the federal
government millions of dollars of tax money.

We look forward to a deed transfer and earnestly await your

reply.

Very truly yours,

Jimmie D. Oyler, Principal Chief
United Tribe of Shawnee Indians

Copy to:

The Honorable Sherri Wasserman Goodman
Deputy Under Secretary of Defense,
Environmental Security
The Honorable Patricia A. Rivers, P.E. 
Office Of The Assistant Deputy Under Secretary of Defense,
For Environmental Cleanup

UNITED TRIBE OF SHAWNEE INDIANS

P.O. Box 505
De Soto, Kansas 66018-0505
913-583-3236

November 5, 1997

The Honorable William S. Cohen,
Secretary
Department of Defense
Pentagon
Room 3E880
Washington, DC 20310-1155

Dear Mr. Secretary:

Certified Number P 248 256 161

On August 20, 1997 the United Tribe of Shawnee Indians, a
United States Treaty Tribe, requested the Department of Defense,
transfer by deed, the closed Sunflower Army Ammunition Plant and
associated utilities, located De Soto, Kansas, to the United
Tribe of Shawnee Indians, a Federal entity.

 Justification for this request was the EPA policy to
implement Section 334 of the Defense Authorization Act of 1997,
which modified CERCLA (Comprehensive Environmental Response,
Compensation, and Liability Act) Section 120(h) to permit "The
Transfer of Federal Property by Deed before All Necessary
Response Action has been taken".

 We then received the attached letter dated October 1, 1997
from Paul W. Johnson, Deputy Assistant Secretary of the Army
(Installations & Housing) OASA(I,L&E).

 Subject letter contains the following:

 ...To date, however, the Army has not identified Sunflower
 AAP as excess to its requirements...

 Mr. Secretary we hereby apprise you of the following:

 The last day of any production (Nitroguanidine production)
at the Sunflower Army Ammunition Plant was 31 August, 1992.

 Millions of tax payers dollars have been paid out and are
continuing to be paid out to your present contractor at the
CLOSED SUNFLOWER ARMY AMMUNITION PLANT, located De Soto, Kansas,
in a mow the grass and keep the lights on status, with not one
bit of environmental restoration work being done as required by
DERP.

 After all Nitroguanidine production has been stopped (1992)
the DOD/Army has paid HERCULES Inc. the following sums of money
to mow the grass and keep the lights on at subject plant.

All total are in millions.

Year 92-48M, 
Year 93-25M, 
Year 94-17M, 
Year 95-15.9M. 
Year 96-Ukn.
Year 97-Ukn

 The total amount in millions for tax years 96 and 97 were
not known as of the date of our Freedom of Information Request.

 In addition Hercules Inc., as stated by the Army, is the
only contractor that has a contract[s]. The contract[s] are
based on a WWII Presidential ORDER that dates back to the 1940's. 

Not Public (Open Bidding) type contracts.

 The Army also provided us (Freedom of Information Request)
with the following WWII Presidential Order Contract Numbers that
the Army & Hercules Inc. are operating under. They are as

follows:

1. Award/Contract DAAA09-95-G-0002
2. Award/Contract DAAA09-95-E-0004
3. Award/Contract DAAA09-95-C-0006
4. Award/Contract DAAA09-95-Z-0010

 The Army allows HERCULES Inc. to operate subject plant as
Alliant Tech. Systems. Alliant Tech. Systems does not even have
a WWII Presidential Order Contract with the Army.

 What has the Army required Hercules Inc./Alliant Tech.
Systems to do to comply with DERP? The Army has allowed open
air burning of lead and asbestos contaminated buildings.

 Other than the open air burning of numerous lead and
asbestos contaminated buildings we would ask? 

 What has the contractor done to achieve Defense
Environmental Restoration Program (DERP) work pursuant to 10
U.S.C. Sections 2701-2708 that DOD is required to have Hercules
Inc., the previous contractor perform at subject plant?

 The above fact also confirms that HERCULES Inc. doing
business (dba) as Alliant Tech. Systems is attempting to make the
SUNFLOWER ARMY AMMUNITION PLANT, located De Soto, Kansas, a Super
Fund Site (By open air burning of lead and asbestos contaminated
buildings) so as to continue to bleed the American tax payer and
increase our National Debt.

 Public records also show that Hercules Inc., has attempted
to get subject Sunflower AAP registered as a Super Fund Site. 
Subject reports are available at the De Soto, Kansas, Public
Library.

 Additional facts that prove the Sunflower AAP is in excess
to the Army needs are as follows. 

 The contractor has given land to the University of Kansas
and Kansas State University.

 The contractor allows the land to be utilized for cattle and
hay production when subject land had been and is contaminated. 
Reference: the beef scare in the North West.

 The contractor allows the Koch Company to produce acid for
resale at subject plant. The Koch Company pays the contractor

$1.00 per ton for the finished product. All utilities are
furnished by Sunflower AAP at tax payer expense.

 Attached please find a newspaper article published in the
Journal Herald, Thursday Oct. 16, 1997, by Thomas G. Stutz,

Commanders Representative, Sunflower Army Ammunition Plant, that
shows a lease was let to allow custom-made steel fabrications for
original equipment manufactures (OEM's) and the use of the plants
Water Filtration Plant, Building 123 for a fish farm and a
growing facility.

 The following fact is also furnished to show that the
Sunflower AAP is in excess and that the present Army contractor,
Hercules Inc., dba, Alliant Tech. Systems, has no intention of
ever cleaning up subject plant as required by numerous
Congressional Acts and DERP.

 The present approved Army contractor at subject plant has
allowed Mr. Tom McNally, V.P. and owner of Kansas Waste Water,
Inc. (KWWI) to set up a hazardous waste disposal plant on subject
property and has allowed Mr. McNally to utilize the Hazardous
Waste Disposal Plant that the Army spent millions of tax payers
dollars on to build and to be utilized to clean up subject
Sunflower Army Ammunition Plant.

 KWWI hauls in hazardous waste from numerous out of state
sites for process at the Sunflower AAP plant and for release into
the KAW river.

 It is noted for the record that Mr. Tom McNally is a citizen
of Canada. It is also noted that Mr. McNally is allowed to
utilize Canadian vehicle tags on his vehicles and his hazardous
waste treatment work is protected by armed guards posted at
Sunflower AAP by the present approved Army contractor.

 We would ask: Are the armed guards protecting the closed
Nitroguanidine facility or are they protecting a coverup?

 Mr. Secretary after you have investigated the before stated
facts you will confirm that the present operation of the
Sunflower Army Ammunition Plant is a sham imposed on the backs of
the American tax payers, a waste of DOD funds, in violation of
DERP and that subject Sunflower AAP is in excess to the Army
needs.

 Again we ask that the Department of Defense, transfer by
deed, the Sunflower Army Ammunition Plant and associated
utilities, located De Soto, Kansas, to the United Tribe of
Shawnee Indians, a Federal entity and a United States Treaty
tribe. Should the DOD determine that the Army still need the
closed (New Nitroguanidine Plant) located on a fenced in forty
five (45) acre site to be controlled by an approved Army
contractor we have no problem with that type of arrangement.

 We do ask that the approved contractor for the
Nitroguanidine facility be approved by open (public) contract
bidding.

 We would also agree to keep all present and future needed
utilities, (water, waste and railroad) in such a condition that
should the DOD ever need to reopen and restart production at the
new, closed, Nitroguanidine facility, production could start as
soon a personnel were in place to operate same.

 We know you will investigate the before listed facts and
approve our request for deed transfer. We earnestly await your

reply.

 Thank you very much.

Very truly yours,

Jimmie D. Oyler, Principal Chief
United Tribe of Shawnee Indians

Copy to:

The Honorable Sherri Wasserman Goodman
Deputy Under Secretary of Defense,

Environmental Security

The Honorable Patricia A. Rivers, P.E. 
Office Of The Assistant Deputy Under Secretary of Defense,
For Environmental Cleanup
The Honorable Paul W. Johnson
Deputy Assistant Secretary of the Army
Installations Logistics and Environment

Robert S. Conn, Ph.D., PE
Tribal Environmental Consultant

Richard M. Oyler, M.D.
Tribal Medical Doctor

Encl:

Army Letter dated October 1, 1997.
Journal Herald Newspaper posting._

 UNITED TRIBE OF SHAWNEE INDIANS
 P.O. Box 505
 De Soto, Kansas 66018-0505
 913-583-3236

November 10, 1997

The Honorable William S. Cohen,
 Secretary
Department of Defense
Pentagon
Room 3E880
Washington, DC 20310-1155
Dear Mr. Secretary:

 Certified Number P 248 256 162

 Subject

Army no longer wants Sunflower ammunition plant (SAAP).

Background

On August 20, 1997, the United Tribe of Shawnee Indians, a
Federal entity and a United States Treaty Tribe, requested the
Department of Defense, transfer by deed, the closed Sunflower
Army Ammunition Plant and associated utilities, located De Soto,
Kansas, to the United Tribe of Shawnee Indians.

Justification for this request was the EPA policy to
implement Section 334 of the Defense Authorization Act of 1997,
known as, the Defense Environmental Restoration Program (DERP),
which modified CERCLA (Comprehensive Environmental Response,
Compensation, and Liability Act) Section 120(h) to permit "The
Transfer of Federal Property by Deed before all necessary
Response Action required by the Defense Environmental Restoration
Program (DERP) pursuant to 10 U.S.C. Sections 2701-2708, had been
taken".

Under the EPA policy, to implement Section 334 of the
Defense Authorization Act of 1997, the Department of Defense is
authorized to transfer by deed to the United Tribe of Shawnee
Indians, a Federal entity, subject described property with a
Parcel Deferral Proposal (PDP), which will show that the planned
use of subject property will not unacceptably threaten human
health and the environment and that the transfer and use will not
encumber necessary cleanup activities mandated by DERP.

Clean up of the SAAP is mandated by the Defense
Environmental Restoration Program (DERP) pursuant to 10 U.S.C.
Sections 2701-2708. To date none of the mandated DERP work has
been done by the present contractor.

Letter we received

We then received the attached letter dated October 1, 1997
from Paul W. Johnson, Deputy Assistant Secretary of the Army
(Installations & Housing) OASA(I,L&E).

Subject letter contains the following:

...To date, however, the Army has not identified Sunflower

AAP as excess to its requirements...

Kansas City Star Newspaper article

See attached Kansas City Star article. Sunflower Army
Ammunition Plant (SAAP) is in excess to Army needs.

The Honorable Paul W. Johnson's letter to the

United Tribe of Shawnee Indians

Dated October 1, 1997.

The letter dated October 1, 1997 from Paul W. Johnson,
Deputy Assistant Secretary of the Army (Installations & Housing)
OASA(I,L&E), to the United Tribe of Shawnee Indians does not
agree with the statements made by Mr. Stephen Abney of the Army's
Industrial Operations Command to the Kansas City Star.

As stated in the Kansas City Star, the Army has been working
for over a year with Johnson County, Kansas, to accept subject
SAAP. Johnson County, Kansas and the State of Kansas have stated
and had published in the news papers they do not want any part of
the SAAP Environmental Restoration program mandated by DERP or
deed transfer of subject property.

Facts

By previous letter your Honorable Office was notified that
the Sunflower Army Ammunition Plant, (SAAP), De Soto, Kansas was
located within the bounds of the United Tribe of Shawnee Indians
reservation established pursuant to United States Treaties with
the Shawnee, dated November 7, 1825 (7 Stat. 284), August 8, 1831
(7 Stat. 355) and May 10, 1854, (10 Stat. 1053).

Your office was also notified that the United Tribe of
Shawnee Indians tribal headquarters was located five (5) miles
from subject (SAAP) plant on Indian Country known as Shawnee
Reserve 206.

On November 5, 1997, we appraised you of numerous facts
concerning SAAP, specifically the fact that SAAP had allowed Mr.
Tom McNally, a citizen of Canada, to set up a hazardous waste
firm known as Kansas Waste Water Inc., (KWWI) on SAAP, accept
hazardous waste from numerous out of state sites, utilize Army
property to treat the hazardous waste and then release the
treated waste into the Kaw river.

We also complained of a coverup, armed guards, protecting
the hazardous waste site, provided by the contractor, Hercules,
dba, Alliant Tech. Systems, without an approved contract and
doing nothing more than mow the grass and keep the lights on.

On November 5, 1997, we again asked that you as Secretary of
Defense, transfer by deed, the Sunflower Army Ammunition Plant
(SAAP) and associated utilities, located De Soto, Kansas, to the
United Tribe of Shawnee Indians, a Federal entity and a United
States Treaty tribe.

Now that the true fact that SAAP is in excess to Army needs,
the following to include our request for deed transfer of SAAP to
the United Tribe of Shawnee Indians is provided.

History of the United Tribe of Shawnee Indians

The United Tribe of Shawnee Indians were the first United
States Treaty Tribe to be Recognized by the United Sates Supreme
Court for any Indian tribe in Kansas. See: The Kansas Indians
(Blue Jacket v. The Board of Commissioners of the County of
Johnson), 72 U.S. (5 Wall) 737, (1867), when the Supreme Court of
the United States recognized the United Tribe of Shawnee Indians
and stated:

...The lands belonging to the United Tribe of Shawnee
Indians residing in Kansas are not taxable...

...They are under the protection of treaties and the

laws of Congress, and their property is withdrawn from
the operation of state laws...

...Indians with separate estates have the same rights

in the tribe as those whose estates are held in
common...

...they are a "people distinct from others'" capable of

making treaties, separated from the jurisdiction of
Kansas, and to be governed exclusively by the
government of the Union. If under the control of
Congress from necessity, there can be no divided
authority. If they have outlived many things, they
have not outlived the protection afforded by the
Constitution, treaties and laws of Congress...

The Treaty with the Shawnee, August 8, 1831 (7 Stat. 355),
was signed by the United Tribe of Shawnee Indians and the
President of the United States under the authority of the Act of
Congress, Sess. 1, Ch. 148 approved May 28, 1830. Article X, of
the 1831 Treaty with the Shawnee, promised and guaranteed that:

...The lands granted by this agreement and convention to
the said band or tribe of Shawnee, shall not be sold or
ceded by them, except to the United States. And the United
States guarantee that the said lands shall never be within
the bounds of any state or territory, nor subject to the
laws thereof: And further, that the President of the United
States will cause said tribe to be protected at their
intended residence, against all interruptions or
disturbances from any other tribe or nations of Indians, or
from any other person or persons whatever...

The Sunflower Army Ammunition Plant, (SAAP), De Soto, Kansas
is located within the bounds of the reservation established for
the United Tribe of Shawnee Indians pursuant to United States
Treaties with the Shawnee. See: United States Treaties with the
Shawnee, dated November 7, 1825 (7 Stat. 284), August 8, 1831 (7
Stat. 355) and May 10, 1854, (10 Stat. 1053).

THE KANSAS ACTS

The Act to Organize the territory of Kansas (Act of May 30,
1854, ch. 59, section 19, 10 Stat.283) was passed May 30, 1854.

The jurisdiction of the territory created by the Kansas
Organic Act, as to rights of the Indians within subject territory
was not to extend to the Indians, their rights of person or
property, "so long as such rights should remain unextinguished by
treaty with them".

Section 19, of the Organic Act is quoted as follows:

...That nothing in this act contained shall be
construed to impair the rights of persons or property
now pertaining to the Indians in said Territory, so
long as such rights shall remain unextinguished by
treaty between the United States and such Indians, or
to include any territory which with any Indian tribe is
now, without the consent of said Tribe, to be included
within the territorial limits or jurisdiction of any
state or Territory; but all such territory shall be
excepted out of the boundaries and constitute no part
of the territory of Kansas, until such tribe shall
signify their assent to the President of the United
States to be included within said Territory of
Kansas...

On July 29, 1859, a Constitution for the State of Kansas was
formed. Section I of the Constitution provides that:

...That all rights of individuals should continue as if

no state had been formed or change in government
made...

On January 29, 1861, an Act for the Admission of Kansas into
the Union (Act of January 29, 1861, ch. 20, section I, 12
Stat.126) was passed by the Congress of the United States. 
Section I of the Act for Admission is identical to Section 19 of
the Kansas Organic Act and reads as follows:

...That nothing contained in the said Constitution
respecting the boundary of said State shall be
construed to impair the rights of person or property
now pertaining to the Indians of said Territory, so
long as such rights shall remain unextinguished by
treaty between the United States and such Indian tribe,
is not, without the consent of such tribe, to be
included within the territory limits or jurisdiction of
any State or Territory; but all such territory shall be
excepted out of the boundaries, and constitute no part
of the State of Kansas, until said tribe shall signify
their assent to the president of the United States to
be included within said state, or to, affect the
authority of the government of the United States to
make any regulation respecting such Indians, their
lands, property, or other rights, by treaty, law, or
otherwise, which it would have been competent to make
if this act had never passed... See: The Kansas
Indians (Blue Jacket v. The Board of Commissioners of
the County of Johnson), 72 U.S. (5 Wall) 737, (1867).

Demand

Demand is hereby placed on your Honorable Office to cause
the hazardous waste site, operated by Mr. Tom McNally, a citizen
of Canada, doing business on SAAP as Kansas Waste Water Inc.,
(KWWI), be stopped and that any further releases of treated
hazardous waste by KWWI into the Kaw river be terminated ASAP.

Request

The United Tribe of Shawnee Indians hereby request you place
the Sunflower Army Ammunition plant on fast track to be
designated as excess, as stated by Mr. Stephen Abney, Army
Industrial Operations Command, and deed transfer subject property
and associated plant utilities to the United Tribe of Shawnee
Indians.

We earnestly await your designation of the SAAP as excess to
DOD/Army needs and the deed transfer of the total of SAAP to the
United Tribe of Shawnee Indians. Subject transfer by deed must
contain a Parcel Deferral Proposal (PDP), which will show that
the planned use of subject property will not unacceptably
threaten human health and the environment and that the transfer
and use will not encumber necessary cleanup activities mandated
by DERP. Mandated DERP work that will be supervised and
performed by the United Tribe of Shawnee Indians.
Thank you very much. We respectfully request your immediate
attention to our demand and request.
Very truly yours,

Jimmie D. Oyler, Principal Chief
United Tribe of Shawnee Indians

Copy to:
The Honorable Sherri Wasserman Goodman
Deputy Under Secretary of Defense,
Environmental Security
The Honorable Patricia A. Rivers, P.E. 
Office Of The Assistant Deputy Under Secretary of Defense,
For Environmental Cleanup

The Honorable Paul W. Johnson
Deputy Assistant Secretary of the Army
Installations Logistics and Environment

Robert S. Conn, Ph.D., PE
Tribal Environmental Consultant

Richard M. Oyler, M.D.
Tribal Medical Doctor

Mr. Jim Sullinger
Kansas City Star

Encl: Army Letter dated October 1, 1997 and Article from the
Kansas City Star, dated Sunday, November 9, 1997.