[CPEO-MEF] Indian tribe makes conditional offer for SFAAP

[hdqrs@worldnet.att.net]

"Open Letter/Press Release" of the United Tribe of Shawnee Indians.

The United Tribe of Shawnee Indians make conditional offer to purchase
the Sunflower Army Ammunition Plant (SFAAP) by using funds from the
tribes casino.

*******************************************************

United Tribe of Shawnee Indians
P.O. Box 505
De Soto, Kansas 66018-0505
913-583-3236

Wednesday, April 19, 2000

The Honorable Bill Graves, Governor
State of Kansas
State Capitol, Second Floor
Topeka, Kansas 66612

The Honorable Kansas Legislature
State Capitol
Topeka Kansas, 66612

The Honorable David I. Barram, Administrator
General Services Administration
18th and F Street, NW
Washington, D.C. 20405

Johnson County Commissioners
Johnson County Administration Building
111 South Cherry Street
Olathe, Kansas 66061-3441

Douglas County Commissioners
Douglas County Courthouse
1100 Massachusetts
Lawrence, Kansas 66044

TOTO Inc.
P.O. Box 245
De Soto, Kansas 66018

Mr. I. Blaine Hastings, Senior Realty Officer
Real Estate Disposal Division 7PE-6
1500 East Bannister Road
Kansas City, Missouri 64131-3088=20

Ladies and Gentlemen

Address as required

The Honorable Bill Graves, Governor, The Honorable Kansas Legislature,
The Honorable David I. Barram, Administrator, General Services
Administration,=20

Johnson County Commissioners, Douglas County Commissioners, Mr. I. Blaine
Hastings, Ladies and Gentlemen:


"Open Letter/Press Release" of the United Tribe of Shawnee Indians.

Problem

Problem Defined

Develop a United Tribe of Shawnee Indians business plan that will provide
funds for the purchase of the Sunflower Army Ammunition Plant (SFAAP),
the tribes treaty reservation land, with the total purchase price being
equal to the cost of the environmental restoration of contaminated sites,
(known as SWMU's) to "Agricultural" standards.

Background: Cause of the Problem

BRAC Disposal v. GSA Disposal

Unlike most base closures across the country which are governed by
Federal BRAC (Base Realignment and Closure) process, the disposition of
the Sunflower Army Ammunition Plant (SFAAP) property is being handled by
the General Services Administration (GSA).

Under BRAC, Local Reuse Authorities are established and have specific
statutory rights.

Local Reuse Authorities are only authorized and recognized for BRAC
installations.

Local Reuse Groups, etc., at non-BRAC installations do not have the same
statutory rights as Local Reuse Authorities have at BRAC facilities.

The Federal Government (DOD/Army)

The Federal Government is attempting to have GSA find a way to remove the
Federal Government from the mandated responsibility for the cost of the
environmental restoration of contaminated sites, known as Solid Waste
Management Units (SWMU's), located at, the closed and excess, Sunflower
Army Ammunition Plant (SFAAP) by finding a Single Entity to pay for the
clean up only to "Industrial Standards".

Clean Up To Industrial Standard

At the present time Sunflower Army Ammunition Plant (SFAAP) is only
mandated for clean up (Environmental Restoration) to industrial standards
by the Federal Government.

Treaty Reservation

United States Treaties with the United Tribe of Shawnee Indians

United States treaties dated November 7, 1825 (7 Stat. 284); August 8,
1831 (7 Stat. 355); and May 10, 1854 (10 Stat. 1053); established a
reservation for the United Tribe of Shawnee Indians.

Location of SFAAP

Sunflower Army Ammunition Plant (SFAAP)

The closed and excess, 9065 acre, Department of Defense (DOD)/Army,
Sunflower Army Ammunition Plant (SFAAP), De Soto, Kansas is located
within the bounds of the United Tribe of Shawnee Indians treaty
reservation.

Disposal Authority

GSA is the Disposal Authority

The General Services Administration (GSA) is the Federal disposal
authority for SFAAP.

The General Services Administration (GSA) Disposal

The Disposal of SFAAP

The disposal of SFAAP is being made under the Early Transfer provisions
of Section 334 of the Defense Authorization Act of 1997 by obtaining a
single entity for the purchase.

Single Entity

The Federal Government is attempting to remove the Federal Government
from the environmental clean up responsibility by finding a Signal Entity
to pay a total purchase price equal to the environmental restoration
(Industrial Standards) cost of 54 contaminated sites known as Solid Waste
Management Units (SWMU's), located SFAAP.

GSA Has No Single Entity at This Time

Oz Entertainment Company, (OEC) and State of Kansas

The only conditional offer that GSA has at this time is from Mr. Robert
Kory, Oz Entertainment Company, (OEC), CEO, for a total sum of
$37,000,000 dollars. The OEC conditional offer is based on the assumption
that the State of Kansas, a state entity, will accept title to SFAAP,
transfer title to the Oz Entertainment Company, and at the same time the
Kansas Development Finance Authority will issue Kansas Star Bonds in the
amount of $230,000,000 to finance subject Oz construction.

20 U.S.C. =A7483(a)

20 U.S.C. =A7483(a) mandates, that Federal entities, to include Indian
tribes on whose reservation Federal property such as SFAAP is located
upon, shall have first choice for ownership.

Under 20 U.S.C. =A7483(a) the GSA

"Administrator shall prescribe such procedures as may be necessary in
order to transfer without compensation to the Secretary of the Interior
excess real property located within the reservation of any group, band,
or tribe of Indians which is recognized as eligible for services by the
Bureau of Indian Affairs. Such excess real property shall be held in
trust by the Secretary for the benefit and use of the group, band, or
tribe of Indians, within whose reservation such excess real property is
located."

Federal Entity

The United Tribe of Shawnee Indians is a federal entity as defined by 20
U.S.C. =A7483(a).

Tribal members, to include Jimmie D. Oyler, the tribes Principal Chief,
are recognized by the Bureau of Indian Affairs (BIA) as Shawnee Indians
that are direct descendants of the signatures to the Treaty of 1831 and
1854.

United Tribe of Shawnee Indians requested SFAAP

The United Tribe of Shawnee Indians requested GSA transfer the total of
SFAAP to the Secretary of the Interior to be held in "Trust" for the
tribe pursuant to 20 U.S.C. =A7483(a).  The GSA and the Secretary of the
Interior did not comply with the tribes 20 U.S.C. =A7483(a) request.

United Tribe of Shawnee Indians files Federal Court Case

The United Tribe of Shawnee Indians then filed a Federal Court case in
Federal District Court, Kansas City, Kansas, case number 99-2063-GTV, an
active Federal Court case, to achieve the transfer.

United Tribe of Shawnee Indians is a Recognized Treaty Tribe

The United Tribe of Shawnee Indians, is a recognized United States treaty
tribe, with treaties, negotiated by the Executive, ratified by the Senate
and confirmed by the United States Supreme Court. See: Treaty with the
Shawnee, November 7, 1825 (7 Stat. 284); Treaty with the Shawnee, August
8, 1831 (& Stat. 355) and Treaty with the Shawnee, May 10, 1854 (10 Stat.
1053); and The Kansas Indians (Blue Jacket v. The Board of Commissioners
of the County of Johnson), 72 U.S. (5 Wall) 737, (1867); And Oyler v.
Allenbrand, 23 F.3d 292, 294-95 (10th Cir. 1994).

Public Law 103-454, Section 103(3)

"Indian tribes may be recognized by Act of Congress; by the
administrative procedures set forth in part 83 of the Code of Federal
Regulations; or by a decision of a United States Court."  See: Pub. L.
103-454, Section 103(3)

The act further states that "a tribe which has been recognized in one of
these manners may not be terminated except by an Act of Congress".=20
(Pub.L. 103-454 =A7 103 (4); and that "The list of federally recognized
Tribes which the Secretary of the Interior publishes should reflect all
of the federally recognized tribes" See: (Pub.L. 103-454 =A7 103 (6).

United Tribe of Shawnee Indians Tribal Headquarters

The United Tribe of Shawnee Indians tribal headquarters is located upon
Restricted Indian Country land known as Shawnee Reserve Number 206.  See:
18 U.S.C. Section 1151, a, b & c.

Shawnee Reserve Number 206

Shawnee Reserve Number 206, is 94 acres of Indian Country land that is
recognized by the Bureau of Indians Affairs (BIA) and the Federal Courts,
to include the United States Supreme Court, as Restricted Indian Country
land.  (18 U.S.C. Section 1151 a, b & c).

Shawnee Reserve Number 206 is owned by Shawnee Indian Jimmie D. Oyler and
other tribal members in Restricted Indian Country status as confirmed by
the BIA Title Status Report (TSR) for subject Indian Country land.

Shawnee Reserve Number 206 has never been within the bounds of or part of
the State of Kansas.   See: The Kansas Indians (Blue Jacket v. The Board
of Commissioners of the County of Johnson), 72 U.S. (5 Wall) 737, (1867);
And Oyler v. Allenbrand, 23 F.3d 292, 294-95 (10th Cir. 1994).


Shawnee Reserve Number 206 is part of the reservation (1.6 million acres)
of and under the Sovereign Jurisdiction of the United Tribe of Shawnee
Indians as established and defined by United States treaties with the
United Tribe of Shawnee Indians as follows:

Treaty with the Shawnee, November 7, 1825 (7 Stat. 284).
Treaty with the Shawnee, August 8, 1831 (& Stat. 355).
Treaty with the Shawnee, May 10, 1854 (10 Stat. 1053).

The Installation Action Plan 2000, (IAP) for Sunflower AAP Facts

The Installation Action Plan 2000, (IAP) for Sunflower AAP, that has been
approved by the Army Materiel Command shows the following facts
concerning the environmental restoration of the 54 SWMU's located at
SFAAP. See copy of IAP for list of contributors to the IAP available at
SFAAP.

Status: 

RCRA Part B Permit, Proposed for NPL February 1995, and Remains on
proposed list.  Note:  The NPL listing (50) of SFAAP qualifies SFAAP as a
Super Fund site.

Total # of Defense Site Environmental Restoration Tracking System
(DSERTS) Sites located at SFAAP: 54, Also known as SWMU's.

IAP Funds Required
IAP Funds required for the environmental restoration of all SWMU's.

Prior Year Funding (FY 1980-1999) 	$11,369,000
FY 2000 Funding: 			$  3,208,000
Future Requirements:			$37,965,000
Total Funding: 			$51,642,000

Army letter, dated April 6, 2000

The Department of the Army letter, dated April 6, 2000, signed by Mr.
Thomas G. Stutz, Commanders Representative, shows the following
concerning the SFAAP Installation Action Plan (IAP).

	...."A follow up meeting will need to be arranged with all of the
stakeholders to finalize the IAP process of prioritizing the work and
developing the schedule based on funding constraints.  The cost to
complete estimate increased by $4,337,000.  Most of the cost increase is
attributed to expanded Solid Waste Management Units (SWMUs).  The need
for interim actions at some of the sites will impact currently scheduled
activities"...

Total IAP Funds now required is $42,302,000

The total IAP funding now required for the environmental restoration of
all SWMU's located at SFAAP is now $37,965,000 + $4,337,000 making the
total funds required $42,302,000.

Additional IAP information

Additional information contained in The Installation Action Plan 2000,
(IAP) for Sunflower AAP, that has been approved by the Army Materiel
Command shows the following:

Duration:

Year of Inception: 1980
Year of Completion excluding Long Term Monitoring (LTM): 2011
Year of Completion including Long Term Monitoring (LTM): 2035

Lab Data submitted by ITS Laboratory

Lab data submitted by ITS Laboratory has been reported by Mr. Thomas G.
Stutz to be unacceptable.  Many factors remain to be answered about the
total clean up of all SWMU's located at SFAAP.  See attached letter from
Mr. Thomas G. Stutz, Commanders Representative.

Solution to the Problem

The United Tribe of Shawnee Indians shall build and operate a Class III
casino upon Indian Country property known as Shawnee Reserve Number 206.
Profits from the casino shall be used for the purchase of SFAAP with the
total price being equal to the total clean up cost for the environmental
restoration of the 54 SWMU's located at SFAAP to "Agricultural"
standards.

United Tribe of Shawnee Indians Conditional Offer

The United Tribe of Shawnee Indians hereby makes the following
conditional offer, with additional funds as necessary, to purchase SFAAP.
The purchase price being equal to the total clean up cost for the
environmental restoration of the 54 SWMU's located at SFAAP to
"Agricultural" standards.

Conditional Offer

Based on the cost estimate contained in the Sunflower AAP Installation
Action Plan 2000 (IAP), with up dates, the United Tribe of Shawnee
Indians shall guarantee $42,302,000 in casino profits for the purchase of
SFAAP.  The total of the $42,302,000 shall go to the environmental
restoration of the 54 SWMU's at SFAAP.

The tribe has designated the Sunflower Army Ammunition Plant (SFAAP) as
"Agricultural" land for environmental restoration action.

The tribe shall guarantee additional casino funds as needed for the
environmental restoration of the 54 SWMU's located SFAAP to
"Agricultural" standards.

Conditional Offer Conditions

Condition 1
Request to the Kansas Legislature
The Kansas legislature shall submit and pass Legislation that will
authorize and direct the Governor to inter into a Class III Gaming
Compact with the United Tribe of Shawnee Indians.

Subject gaming compact shall allow the United Tribe of Shawnee Indians to
build and operate a Class III Tribal Casino upon Indian Country land,
known as Shawnee Reserve Number 206, located 8375 Cedar Creek Road, De
Soto, Kansas.

Condition 2
Request to the Governor
The Governor, for the State of Kansas, shall enter into a Class III
gaming compact with the United Tribe of Shawnee Indians.

Condition 3
Request to the Administrator, General Services Administration
The Administrator, General Services Administration shall place subject
SFAAP into trust status for the United Tribe of Shawnee Indians as
mandated by 20 U.S.C. =A7483(a).

Condition 4
The State of Kansas, to include any political subdivision of the State of
Kansas, shall have first choice as an investor in the United Tribe of
Shawnee Indians casino.

Results of Solution to the Problem

The GSA requirement that the State of Kansas take title to SFAAP prior to
the transfer to Oz Entertainment Company, (OEC), the issue of Kansas Star
Bonds by KDFA for the benefit of OEC and the use of Kansas tax payer
funds for building of infrastructure shall no longer exist.

The total SWMU's at SFAAP shall be environmental restored to
"Agricultural" standards.

Single Entity

The United Tribe of Shawnee Indians will be a single entity.
What our tribe will do with SFAAP (Goal)

Any action taken by the tribe shall not only help our tribe, but shall
help our neighbors as well.

Primary Goal

The primary goal shall be the complete environmental restoration of all
SWMU's to "Agricultural" standards.

Secondary Goals

The United Tribe of Shawnee Indians shall turn the closed and excess
Sunflower Army Ammunition Plant into a Historical Nature and Learning
Center, open to all, Indian and non-Indian alike.

The tribe will donate land to the Kansas State University for use as a
public Agriculture Research Center.

The tribe will donate land to the De Soto Kansas School District for
school use should schools land be required in the SFAAP area.

The tribe will work with the Johnson County Parks Department to join
their joining park land, located to the East of SFAAP and in the Kill
Creek drainage area, to achieve an extended park way leading to the Kaw
River.

The tribe will work with the Douglas County Commissioners to build
parkways and or park sites along Captains Creek as desired by Douglas
County Commissioners.

The tribe will donate land to any other cause that will benefit young
children as a learning center.

The tribes water rights associated with SFAAP shall be utilized for the
delivery of portable water to the citizens of Johnson and Douglas
counties, including the cities of Gardner and De Soto.

All archaeological sites to include Indian Graves shall be preserved.

Compliance with Native American Graves Protection and Repatriation Act of
1990 (P.L. 101-601; 25 U.S.C. 3001) shall be mandatory.

The Native American Graves Protection and Repatriation Act of 1990 (P.L.
101-601; 25 U.S.C. 3001) Provides that: Federal agencies must consult
with appropriate Indian tribes or individuals prior to authorizing the
intentional removal of Native American human remains, funerary objects,
sacred objects, and objects of cultural patrimony. The purpose of NAGPRA
consultation is to reach agreement as to the treatment and disposition of
the specific kinds of "cultural items" as defined in the Act. The Act
further provides for consultation pertaining to existing collections to
identify and assure disposition of materials in a manner consistent with
the desires of lineal descendants or the appropriate tribal authorities.

Historical sites shall be preserved.

SFAAP was historically traversed by The Oregon Trail (known locally as
the Independence Road and the Franklin to Westport Road) and possibly the
Santa Fe Trail and other historic trails as well.

In addition to Shawnee Indian home sites and graves, SFAAP contains the
historic town site of Lexington, Kansas Territory; the historic town site
of Prairie Center; the historic town site of String Town; and at least 92
historical homesteads.

Only 624 acres (6.9%) of the SFAAP have been subjected to any form of
systematic cultural resource inventory to identify archaeological or
historic sites.

Only "[t]he eastern half of one" of the six (6) identified archaeological
sites and the "buildings and structures associated with the operation of
Sunflower and Dr. Sam

Roberts House have been evaluated for eligibility on the National
Register of Historic Places."   See:  Environmental Assessment (EA)
Report located at SFAAP and the following URL's.


http://web2.xservices.com/newmip/army/sunflower/sunflower.asp

http://web2.xservices.com/newmip/army/sunflower/sunflower_library.asp

To the Citizens of the State of Kansas

The tribal members of the United Tribe of Shawnee Indians request the
help of all citizens of the State of Kansas to achieve the before named
requested conditions that solves the problem and provides funds for the
complete environmental restoration of SFAAP, to agricultural
(non-Industrial) standards. We thank you.

To the Press

The United Tribe of Shawnee Indians request the Press publish this Open
Letter/Press Release in your news reports.  Thank you.

The United Tribe of Shawnee Indians awaits the answer of all concerned.

Respectfully Submitted.

Very truly yours,
	/S/

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

Copy by e-mail to: EPA, SEC, KDHE, KDFA, Kansas State University, De Soto
School District, Local Press, General Public and Tribal files.

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