[CPEO-MEF] Where do each of the Johnson County Commissioners stand on SFAAP wi

[hdqrs@worldnet.att.net]

From:Jimmie D. Oyler, Principal Chief

United Tribe of Shawnee Indians

To: Johnson County Kansas Commissioners,

with

Statement to the Federal Government.

Subject:  Why have each of you (Commissioners) not published in print
your standing, for or against, the transfer of the Sunflower Army
Ammunition Plant (SFAAP), in a dirty/contaminated condition, to the State
of Kansas and then to Oz, with the issuance of Kansas Star Bonds?

On December 23, 1999 the General Services Administration (GSA) issued
their final Environmental Assessment (EA) and their unsigned Finding of
No Significant Impact (FONSI) stating there was no need for an
Environmental Impact Statement (EIS) for the transfer of SFAAP to Kansas
then Oz.

Then on 1/3/00, John Pouland, Regional Administrator, Region 7, U.S.
General Services Administration signed the FONSI.
In our present Federal Court case, United Tribe of Shawnee Indians v.
United States of America, et al., Case Number 99-2063-GTV, to require an
Environmental Impact Statement (EIS) be issued for the transfer of SFAAP:
the following Federal employees testified in Federal Court under oath that
the original EA and FONSI were only a draft statements and as such the
judge ruled the case was not ripe for Federal Court action.


"I. Blaine Hastings, CCIM" <<Blaine.Hastings@gsa.gov>
"Robert Lee Fleming, BIA-BAR" <<lee_fleming@ios.doi.gov>
"Tom Stutz, Army Representative" <<Thomas_Stutz@atk.com>


Now that the FONSI has been signed by GSA, with the transfer of SFAAP in a
dirty/contaminated condition to the State of Kansas and then to Oz with the
issuance of Kansas Star Bonds, our case now becomes ripe for Federal Court
action to demand an EIS for the transfer of SFAAP in a dirty/contaminated
condition.


Note: Federal Court case, United Tribe of Shawnee Indians v. United
States of America, et al., Case Number 99-2063-GTV is still active in the
Kansas City Kansas Federal Court. During the testimony of the Federal
witnesses, subject federal witnesses violated the Constitution of the
United States, United States Treaties with the United Tribe of Shawnee
Indians and Federal Law, mandated by the Congress, to stop the transfer of
SFAAP to the United Tribe of Shawnee Indians, when subject excess DOD/Army
property is located within the bounds of an Indian tribes reservation and
to allow the GSA to transfer the total of SFAAP in a dirty/contaminated
condition to the State of Kansas so the Federal Government could wash their
hands of the Congressional mandated clean up of DOD sites such as SFAAP.

In addition the United Tribe of Shawnee Indians were exposed to racism
and bigotry by the Federal Government.

The signed FONSI dated 01/03/00 now makes Case Number 99-2063-GTV ripe
for further Federal Court action.

Statement to the DOD, Department of the Interior, Bureau of Indians
Affairs, U.S. Army and the GSA, we now say to each of you, we want our
tribal reservation land back as mandated by Federal (Congressional) Law,
and we will ask again for an EIS to be preformed for the transfer of SFAAP
and that the Federal Government (DOD/Army) clean up the property as
mandated by Federal Law and transfer SFAAP to the United Tribe of Shawnee
Indians.

Articles of United States Treaties with the United Tribe of Shawnee
Indians that have been confirmed by the United States Supreme Court are
as follows:

Article VII of the Treaty with the Shawnee, January 31, 1786, (7 Stat.
26) mandates as follows:
  "If any citizen of the United States shall presume to,
  settle upon the lands allotted to the Shawanoes by this
  treaty, he or they shall be put out of the protection of the
  United States."

Article VI of the Treaty with the Shawnee, etc., August 3, 1795, (7 Stat.
77), mandated the following:

  "may drive off the settler, or punish him in such manner as
  they shall think fit;"

No longer will the United Tribe of Shawnee Indian allow Federal Law to be
excused as just another law to be overlooked by employees of Federal
Government.

By now each of you are asking how can the United Tribe of Shawnee claim
such laws.


The answer is as follows:

The United Tribe of Shawnee Indians are a United States treaty tribe,
recognized by Congress, the Executive, and the Supreme Court and our
treaties have been negotiated with the President, ratified by the Senate
and have been confirmed by the United States Supreme Court.

40 U.S.C. A7 483 (a) reads as follows: The distribution of excess federal
property should be first made to Indian tribes, recognized as eligible for
federal services by the BIA, when such excess property lies within the
boundaries of the reservations of such tribes.

SFAAP lies within the bounds of the reservation established by the United
States as per the 1825, 1831 and 1854 United States treaties with the
United Tribe of Shawnee Indians.

To the Johnson County Commissioners, I quote the following "Sunflower AAP
Environmental Assessment" as posted by Mr. Lenny Siegal, Director, Center
for Public Environmental Oversight, c/o PSC, 222B View St., Mountain View,
CA 94041, for your reading.


Start Quote:

>>>>>
[SEE MESSAGE]
From: Lenny Siegel <<lsiegel@cpeo.org>
Subject: [CPEO-MEF] Sunflower AAP Environmental Assessment
Date: Wed, 19 Jan 2000 09:08:53 -0800

SUNFLOWER ENVIRONMENTAL ASSESSMENT


The United Tribe of Shawnee Indians hope this posting gives all a better
understand of the problems associated with the transfer of SFAAP to the
United Tribe of Shawnee Indians.

We hope a tribal occupation of SFAAP will not become necessary.

Quote of "The Great Shawnee Warrior and Statesman"

"Tecumseh"

"So live your life that the fear of death can never enter your heart.
Trouble no one about their religion; respect others in their view, and
demand that they respect yours. Love your life, perfect your life,
beautify all things in your life. Seek to make your life long and its
purpose in the service of your people. Prepare a noble death song for the
day when you go over the great divide. Always give a word or a sign of
salute when meeting or passing a friend, even a stranger, when in a lonely
place. Show respect to all people and grovel to none.

When you arise in the morning give thanks for the food and for the joy of
living. If you see no reason for giving thanks, the fault lies only in
yourself. Abuse no one and nothing, for abuse turns the wise ones to fools
and robs the spirit of its vision. When it comes your time to die, be not
like those whose hearts are filled with the fear of death, so that when
their time comes they weep and pray for a little more time to live their
lives over again in a different way. Sing your death song and die like a
hero going home."

_____ Tecumseh, Shawnee Nation


End Quote:


Our Federal Court case to get the Federal Government, DOD/Army, to clean
up the Solid Waste Management Units, 50+ (SWMU's), Areas of Concern, 50+
(AOC's), miles of asbestos wrapped steam lines, numerous buildings
(3,000+), miles of underground sewage lines and the transfer of SFAAP to
the United Tribe of Shawnee Indians as mandated by Federal Law is now ripe
for action and shall continue.


Posted this date.


Jimmie D. Oyler, Principal Chief
United Tribe of Shawnee Indians
P.O. Box 505
Shawnee Reserve Number 206
De Soto, KS 66018-0505
http://home.att.net/~hdqrs




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