Possible Spending of Lessard-Sams Outdoor Heritage Council

  • Mocha
    Park Rapids
    Posts: 1452
    #1506446

    This is from the Outdoor News from last week 1-30-2015 issue.

    Very concerning to say the least!

    Clearwater County troubled by White Earth project

    The Clearwater County Board of Commissioners sent this letter to the Lessard-Sams Outdoor Heritage Council on Jan. 9. Commissioners Daniel Stenseng (chairman) and Neil Illies (vice chairman) signed it. It has been lightly edited.
    Dear Council Members:
    While Clearwater County is in support of the conservation of our lands, we are troubled by the fact that the White Earth Tribe has requested funding from the Lessard-Sams Outdoor Heritage Council for $2,188,000 for the purchase of 1,994 acres on the White Earth Reservation and within Clearwater County. Our concern is that the lands, as described in the White Earth application, would be put into federal trust status. Trust status would result in the removal of state regulations, non-member rights to freely use the land, and removal of the land from the Clearwater County property tax roll.
    The transfer from private land ownership to trust status will transfer all management rights, licensing, game regulation and enforcement to the tribe. The tribe can set its own limits and seasons, which normally include a longer season and a higher game limit than the state’s.
    Once the land becomes trust status, the tribe can and probably will restrict access to the property for multi-use access such as hunting, hiking, and the all-around enjoyment of the land by members and non-members. The intention of the Legislature when they voted to authorize the creation of the Outdoor Heritage Fund was the open access to public lands for everyone. In trust status, the tribe has the right to restrict access anyway it sees fit without the oversight of the state of Minnesota. This can be through outright exclusion or the issuing of permits to allow individual access.
    The effect of funding this request will mean that sales taxes from Minnesota will be used to purchase land for the tribe and the federal government. Trust land status will result in the removal of the property from the property tax rolls. This will shift about $12,000 of property tax money from the current fee owner to other property owners in the local taxing authorities, including the county, school districts, and the township. We do not believe the intent of the Legislature was to make schools suffer while funding the federal government.
    Over the years, local governments, the Legislature, and governors have expressed concern about increasing property taxes. The decrease of the tax base does in fact increase taxes on the people owning property in the areas where these large exemptions occur.
    Although the county would prefer to keep this property in the local tax base, a better option than turning the land into federal trust status would be to allow the Minnesota Department of Natural Resources to acquire the property. If this property is of significant conservation interest, the DNR manages numerous parcels of land adjacent to the subject property, and the payment in lieu of taxes program would support the revenue needed to provide local services. Clearwater County and the DNR manage over 2,000 acres in that area that could be landlocked, as is what happened in a recent lake access issue on Heart Lake in land held by the tribe. There is currently unobstructed access across the Potlatch land, but in trust status this land could be posted as restricted, as other tribal lands are now. With state ownership, access to county- and state-managed property would be maintained and public access would not be in jeopardy.
    It is very concerning that Page 4 of the tribal application shows that local governments will not be consulted in regards to this action. We believe that any time funding from the LSOHC, and with effects of this type, the local government should and must be consulted.
    Map 2 erroneously included four townships that are not part of the reservation. The application also states that there are 829,000 acres in the reservation, which is incorrect. The tribe included the acres in the ceded four townships. As such, the reservation does not border the west edge of Itasca State Park as described in the application.
    As outlined in this letter, we are very concerned about the long-range effects that allowing the funding and the conversion of the land into trust status can have on the citizens of Clearwater County. Everyone is aware Indian law is very complicated and can put non-members that cross onto trust land at the mercy of the tribal court, as seen in Red Lake fishing violations in 2006. We plead to the council not to approve this request, and if it has already moved to the House, that the council make further recommendations to the House not to approve the funding.

    Mocha
    Park Rapids
    Posts: 1452
    #1506522

    I hope everyone contacts their State Representatives and Senators about this issue. I did this AM.

    TheFamousGrouse
    St. Paul, MN
    Posts: 11804
    #1506591

    Totally agree, Heritage money was never intended for and should NEVER be given for projects that involve funding of land purchases by other nations. This would be akin to giving Heritage funds to Canada so that they can buy the Northwest Angle, based only on the promise that they will take good care of it.

    Of course, this also exposes the bigger trend of tribes buying non-reservation land…

    Grouse

    muskie-tim
    Rush City MN
    Posts: 838
    #1506660

    Consider my State Reps and Senators notified.

    splitshot
    Rosemount, MN
    Posts: 544
    #1506673

    This has been going on now for the last couple of years (requests for $$ from tribal nations to purchase lands). This issue is not new, but I’m glad more are waking up to the issue. IMHO, no different than the metro politicians fighting to get their hands on it for bike trails and parks expansions in the metro. BUT, like all dedicated political tax funded ideas (good or bad), once you pool cash together in a big pot, after the next election, it’s all a total free for all to go for. Just change the law quickly and they all dip their hands into it for their next pet project. Check your lottery funding from day one and see how it has split into other unintended offshoots? The dedicated original 3/8 never made it through the gate and a portion was redirected. Social security over the years? Your hunting and fishing license fees? Your Federal hunting stamp monies now being redirected? The government relies heavily on our short memories, so it never ends.

    big_g
    Isle, MN
    Posts: 22529
    #1506701

    I am guessing it has to be illegal to use the funds for this…?

    steve-fellegy
    Resides on the North Shores of Mille Lacs--guiding on Farm Island these days
    Posts: 1294
    #1506712

    I am guessing it has to be illegal to use the funds for this…?

    The Tribal regime thrives on “legalized racism” as in using tax payer $$ and then controlling who and how the land is used.

    So–who knows how this will all shake out.

    If a Tribal member can afford to buy an Escalade ( many are doing just that with many makes/model vehicles of that stature) and not have to pay the state license plate fee nor the sales tax on it…based on “need”/exclusive sovereign status—-nothing would surprise me. ( another equal rights case?)

    Good to see many being proactive here to stop it.

    glenn57
    cold spring mn
    Posts: 12037
    #1506754

    I will be contacting NY reps first thing in the morning.

    Dutchboy
    Central Mn.
    Posts: 16766
    #1506797

    Steve I really don’t want the state reps dealing with the Lessard people at all. Do you have the names and numbers of the committee members who decide what the Lessard funds are spent on? Those are the people we need to contact.

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59992
    #1506827

    http://www.lsohc.leg.mn/Member/index.html

    Ms. Elizabeth Wilkens

    January 2017

    Governor

    Ms. Susan Olson*

    January 2017

    Governor

    Ms. Jane Kingston*

    January 2015

    Governor

    Mr. Scott Rall

    January 2015

    Governor

    Mr. David Hartwell, Chair*

    January 2017

    House

    Mr. Ron Schara

    January 2015

    House

    Rep. Rick Hansen*

    per appointing authority

    House

    Rep. Denny McNamara

    per appointing authority

    House

    Mr. Robert (Bob) Anderson

    January 2017

    Senate

    Mr. James Cox*

    January 2015

    Senate

    Sen. Bill Ingebrigtsen

    per appointing authority

    Senate

    Sen. Tom Saxhaug

    per appointing authority

    Senate

    glenn57
    cold spring mn
    Posts: 12037
    #1506879

    opinion sent to my reps and to the email addy in BK’s info above!! we shall wait and seethe replies!!!!!!!

    muskie-tim
    Rush City MN
    Posts: 838
    #1506924

    Sent an email to David Hartwell copying the Outdoor News article and expressing my concern about the federal trusted status. This is the response I got.

    Tim,

    I appreciate the interest in this project. This letter appears to be a copy of one sent earlier to the council and responded to but I will still respond to your email..

    I respectfully disagree with most of the arguments in the email. If you read the constitutional language that governs the recommendations of the Council and the spending of Legacy money for habitat, it is about protecting, restoring and enhancing habitat for wildlife. Other than a requirement that the land remain open for the taking of fish and game if it is acquired in fee, the constitution is silent on the issue of access and therefore that is not a governing principal of our recommendations as to make it such would be to be in conflict with the constitutional constraints we operate under.

    Further, the agreements that are required as part of the grant agreement, provide the state the right to take back the land if the agreements are not upheld. This includes land put into trust by a tribal entity and we have had both prior examples of this with other state funds and written assurances from the tribe and federal government that they accept this interpretation. And it would include having the land open for the taking of fish and game by non-tribal and tribal members alike.

    I am more sympathetic to the concern about property taxes. However, it is interesting to me that this issue has not come up with the many projects we have funded with the long term holders being other entities that do not pay property taxes. This would include counties themselves, watershed districts and nonprofits. But when it comes to funding tribal acquisitions the issue becomes a major one. Interesting indeed.

    David Hartwell

    SLACK
    HASTINGS, MN
    Posts: 711
    #1506954

    Sent an email to David Hartwell copying the Outdoor News article and expressing my concern about the federal trusted status. This is the response I got.

    Tim,

    I appreciate the interest in this project. This letter appears to be a copy of one sent earlier to the council and responded to but I will still respond to your email..

    I respectfully disagree with most of the arguments in the email. If you read the constitutional language that governs the recommendations of the Council and the spending of Legacy money for habitat, it is about protecting, restoring and enhancing habitat for wildlife. Other than a requirement that the land remain open for the taking of fish and game if it is acquired in fee, the constitution is silent on the issue of access and therefore that is not a governing principal of our recommendations as to make it such would be to be in conflict with the constitutional constraints we operate under.

    Further, the agreements that are required as part of the grant agreement, provide the state the right to take back the land if the agreements are not upheld. This includes land put into trust by a tribal entity and we have had both prior examples of this with other state funds and written assurances from the tribe and federal government that they accept this interpretation. And it would include having the land open for the taking of fish and game by non-tribal and tribal members alike.

    I am more sympathetic to the concern about property taxes. However, it is interesting to me that this issue has not come up with the many projects we have funded with the long term holders being other entities that do not pay property taxes. This would include counties themselves, watershed districts and nonprofits. But when it comes to funding tribal acquisitions the issue becomes a major one. Interesting indeed.

    David Hartwell

    what Mr. Hartwell fails to point out in his reply is that once the land goes in to the federal trust the state and the DNR have ABSOLUTELY no jurisdiction over the land any more. that responsibility goes solely to the tribe. and if for some reason the state deems it necessary to take the land back, good luck with that court battle.

    steve-fellegy
    Resides on the North Shores of Mille Lacs--guiding on Farm Island these days
    Posts: 1294
    #1506964

    One of the committee members for sure, Sen. Tom Saxhaug, is in/for the Tribal side of things all the time.

    hl&sinker
    Inactive
    north fowl
    Posts: 605
    #1506982

    “I am more sympathetic to the concern about property taxes. However, it is interesting to me that this issue has not come up with the many projects we have funded with the long term holders being other entities that do not pay property taxes. This would include counties themselves, watershed districts and nonprofits. But when it comes to funding tribal acquisitions the issue becomes a major one. Interesting indeed.”

    I to had red flags go up when hearing about this.Then again is the responses paranoia?
    “Legalized racism”?
    I would like to see the edited info of this article, never good to judge something without the full story specialy a topic like this.
    How many WMA’s does Clearwater county have and now they are concerened over tax base? I understand the access thing but tax base is streching it boardering “legalized racism”.

    Mocha
    Park Rapids
    Posts: 1452
    #1506989

    One of the committee members for sure, Sen. Tom Saxhaug, is in/for the Tribal side of things all the time.

    I couldn’t agree with you more! 100%

    hl&sinker
    Inactive
    north fowl
    Posts: 605
    #1507010

    Isn’t this land already private land with limited access and are they not trying to unload this land and noone else has come up with a way to save it?
    I guess some would rather see it sold to a mininig company and have it destroyed than see it protected by a certain group.

    ” Legalized racim”

    big_g
    Isle, MN
    Posts: 22529
    #1507186

    In one of my emails to a member, I asked about how his verbiage stating they cannot “restrict tribal and non-tribal members, from fishing or hunting…. and in the next breath, he answers my question about the comment that “limited Hunting” in their proposal just means no wolf hunting on tribal lands…? Huh… ? Sounds like they are trying to write a broken rule…into the rules with their proposal ?

    It is potlatch land and is for sale… the tribe wants to buy it with legacy money, so they can “protect and preserve” it… under their terms.

    glenn57
    cold spring mn
    Posts: 12037
    #1507188

    I haven’t heard anything yet from the 3 emails I sent off.

    Dutchboy
    Central Mn.
    Posts: 16766
    #1507238

    Can China, Iran or Iraq come and purchase the land and treat it as part of their country?

    tomr
    cottage grove, mn
    Posts: 1289
    #1507244

    The project was defunded and the money was given to the DNR wetlands. I received several emails and was called a racist by Susan Olson. However everyone else was very nice and recieved two phone calls and Jane Kingston was very nice and helpful.

    Mocha
    Park Rapids
    Posts: 1452
    #1507281

    The project was defunded and the money was given to the DNR wetlands. I received several emails and was called a racist by Susan Olson. However everyone else was very nice and recieved two phone calls and Jane Kingston was very nice and helpful.

    Tom, from what I can understand reading your attachment the proposal was not defended and is in progress? Maybe I am not reading correctly but sounds like the council is going forward with this?

    Can I also purchase land utilizing funds from Lessard-Sams Outdoor Heritage?

    big_g
    Isle, MN
    Posts: 22529
    #1507295

    Tomr… how do you get that it was defunded from that letter ? I read it and it is quite the opposite ? I also question the validity, as it references a meeting held “Oct 7, 2015″….. that is in 8 months ????

    tomr
    cottage grove, mn
    Posts: 1289
    #1507299

    Sorry for the confusion this was the letter from the committee to address Clearwater letter published in the Outdoor News. The project did pass the committee and was forwarded to the house for approval where it was defunded and the money moved to DNR wetlands.

    tomr
    cottage grove, mn
    Posts: 1289
    #1507301

    Email I received.

    Thank you for your comments council members need much more feedback from citizens I did not vote to fund this project I did vote for passage of the entire package that it was included in at that point I was satisfied that the package was good even if I did not like every single individual project in it as of today the house committee has removed this project and gave the money to the dnr wetlands folks we will have to see what shakes out in the next few months scott rall

    Scott Rall

    507 360 6027

    tomr
    cottage grove, mn
    Posts: 1289
    #1507303

    Email from Denny McNamara

    Tom, I have many of the same concerns and that is why we did not fund the project as proposed when we passed the bill out of House environment Comm last week, Denny

    Representative Denny McNamara
    Chair House Environment & Natural Resources Policy & Finance
    365 State Office Building
    100 Rev.Dr. Martin Luther King Jr. Blvd.
    St. Paul, Mn. 55155-1298
    Phone (651) 296-3135

    tomr
    cottage grove, mn
    Posts: 1289
    #1507305

    Response from David Hartwell. I received several other responses that were interesting but don’t think the emailer had in mind I would post to a public forum so I won’t. I was totally surprised that everyone took the time to email back.

    I simply respectfully disagree with you on this. The charge of the Council is to recommend projects that meet the constitutional requirements and that is to protect habitat and insure the property if purchased in fee is open to the taking of fish and game unless prohibited by law. Our grant restrictions insure this will be the case for this and all other projects we recommend.

    David

    big_g
    Isle, MN
    Posts: 22529
    #1507363

    So is Hartwell misinformed that it was not funded and the money given to the DNR wetlands??? That sounds very goofy…. it’s not like the money HAS to be given somewhere….. very peculiar.

    tomr
    cottage grove, mn
    Posts: 1289
    #1507525

    Hartwell is on the committee who recommends what projects to fund to the house. Hartwell was in favor of the project and it moved to the house where they defunded the Clearwater project and moved it to DNR wetlands. But there are a lot of politics involved and who knows if it changes again. Denny McNamara voted in favor of the project in committee and voted against it in the house. So who knows where anyone clearly stands.

    steve-fellegy
    Resides on the North Shores of Mille Lacs--guiding on Farm Island these days
    Posts: 1294
    #1507539

    Denny McNamara has a history of siding with Tribal regime wants–or at least never fights against them on behalf of the majority of the voters/tax payers he reps. He seems to, conveniently, live in denial that scenarios involving anything “Tribal” has potential of becoming a bad outcome and have negative effects on countless citizens as well as the relative natural resource itself.

    That based on what he has said to me –personally. So pay attention to what he says and does….not taking anything for granted with him ( no different than Saxhaug)

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